We reserve the right, in our sole discretion, to modify these Terms and the Service fees, at any time, effective upon the date we post a new set of Terms on the Service site. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you.

We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you. Our goal is to ensure timely processing services; however, we do not guarantee that your product will be processed within the expected timeframes associated with any Topdownloads Downloads program. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

Submission Requirements

The Service fees are processing fees and only entitle you to have your product evaluated by Topdownloads Networks. Submitting a product or product update to the Service does not guarantee that we will include it in our Topdownloads Downloads library or place it on Topdownloads . We will not issue you a refund for Service fees if we reject your product during the evaluation process or at any time thereafter. For this reason, it is important that you become familiar with the Submission Requirements that we have developed to assist publishers during the submission process.

Member ship Payment, Renewal, and Cancellation

The subscriptions have a required minimum term of one month, as measured from the date you purchase your subscription. During each of the first  month, we will charge your credit card the applicable fee at the beginning of each thirty-day billing cycle. After the first three months, your subscription will automatically renew for additional thirty-day periods on the monthly anniversary of your subscription purchase date.

• After the first  months, we will continue to renew your subscription and charge your credit card a monthly fee until you cancel, which you may do at any time.
• Once you cancel your subscription, your access will be terminated at the end of the thirty-day billing cycle in which you submit your cancellation request.

Your Credit Card

You are responsible for the full payment of the Service. Service fees are not refundable for any reason.

You may use a major credit card in order to submit materials to the Service. If you choose to use your credit card to pay for your use of the Service, you hereby authorize us to charge your credit card to pay your initial submission fees and for any automatic renewals. If you have selected a Topdownloads subscription that renews automatically, we will renew it automatically and we will charge your credit card for the price of a then-current subscription. In certain circumstances we may accept payment from online payment services that you designate.

You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will also be responsible for charges for any products or services that you purchase that are offered for sale through the Service. In addition, you are also responsible for paying any amounts billed to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs.

If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.

Protect Your Password and Subscription

You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.

Requests For Removal of Listings within the Topdownloads Downloads Library

In addition to indexing and listing material that is submitted directly by a publisher, the Service also lists material that is freely available on the World Wide Web. Occasionally the publisher of a particular software title that is freely available on the World Wide Web may request that we remove such software title from our search results. Requests for removal should be made by following the "Remove product" link on all Product Detail pages. We will consider such requests individually.

Third Party Sites and Content

The Service contains links to other Internet sites that we or third parties offer and your use of each of those sites is subject to the terms and conditions, if any, that are contained on those sites (the "Third Party Terms"). We have no control over such third party sites and we are not responsible for any changes to any third party site or for the contents of any third party site, including, without limitation, any links that may be contained in such a site. Our inclusion of any link to a third party site is not an endorsement of that site. Our inclusion of any document in the Service’s search database is not an endorsement of that document, the contents of such document, or the companies owning such documents.

Your Conduct on the Service

In addition to Topdownloads, certain software titles may, in our sole discretion, also become available to certain of our partners around the world.

If we discover that you have manipulated the data or statistics for a certain product, we reserve the right to remove the product from the Topdownloads Downloads library and from Topdownloads.

By posting messages, inputting data, or engaging in any other form of communication through the Service, you are granting us permission to use, modify, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to your communication.

In addition, by making your copyrighted work available for download in our Topdownloads Download library, you certify that you own all intellectual property rights in such work and grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to use, reproduce, transmit, distribute, display, publish, perform, and create derivative works of your copyrighted work and subsequent versions of your copyrighted work for the limited purposes of (i) distributing the work, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (ii) storing the work in a remote database accessible by users, for a charge. Such license shall apply to distribution and storage of the work in any form, media, or technology now known or later developed.

The content on the Service is intended for your personal, noncommercial use. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform display or in any way exploit any of the materials or content or the service in whole or part.

If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever.

If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject Topdownloads Networks to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both.

You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.

Legal Policies and Notices

You hereby agree to indemnify, defend and hold Topdownloads Networks, and all of our officers, directors, owners, agents, information providers, affiliates and licensors (collectively, the "Topdownloads Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Topdownloads Party in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit to the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

The listing, or absence of listing, of any document in the Service’s search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Service’s search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using search results from the Service.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE RESERVE THE RIGHT TO TEMRINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.

These Terms shall be construed in accordance with the laws of the State of Queensland, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state courts located in Brisbane, Queensland. These Terms constitute the entire agreement between you and Topdownloads Networks with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.