Terms and Conditions

This is taken directly from My Wii Downloads:

IMPORTANT:

Acceptance of Terms of Use
Please review the following terms and conditions carefully. This agreement is a legally binding contract between you (”You” or “Your”) and My Wii Downloads (”My Wii Downloads,” “We” or “Us”) regarding Your access to and use of the My Wii Downloads web site (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. My Wii Downloads reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the terms and conditions as changed.

Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (c) impersonate any person or entity, including, but not limited to, an My Wii Downloads official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (d) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

Billing
You will be billed by Plimus.com on our behalf.  All unsubstantiated and/or fraudulent chargeback requests will be prosecuted and collected to the furthest extent of the law under the Fair Debt Collection Practices Act (FDCPA).

Return and Refund Policy
 If you cannot access the product, please contact our support email address displayed on the login page within 7 calendar days of payment confirmation.  If you are not satisfied, you may request a refund within 30 days of your purchase.  We will assess a $9.95 fee to refunds to cover the costs of processing and handling.

Free Trial
 The free trial is valid for 10-days of unlimited access to the members area.  You will be billed an initial charge of $1.99 to cover processing fees.  After the 10-days of free service end, the customer will be billed $23.95 per month thereafter (plus $1.99 processing) until the subscription is canceled.  You may cancel or change your subscription at any time.

Satisfaction Guarantee

If you are within your first 30 days of our guarantee period - you may be eligible for a refund of your membership minus a $9.95 fee which we keep to cover the costs of processing and handling. Please allow normal banking delays of 10 to 15 days before the funds are returned to your account, should your request be accepted.

Important: We have a strict NO-REFUND policy after your 30 day satisfaction guarantee. Under no circumstances will we offer a refund for any products past this period.

Proprietary Rights Restrictions
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by My Wii Downloads or other parties that have licensed their material to My Wii Downloads and is protected by copyright, trademark and/or other intellectual property laws. My Wii Downloads disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either My Wii Downloads or other third parties. You agree not to display or use such marks without written permission from My Wii Downloads or the appropriate party.

The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Use of the services offered by My Wii Downloads requires an email address. You, as a Member are solely responsible for using your own email address to gain authorized access. You also agree not to disclose or otherwise disseminate your user email address to gain unauthorized access, except as may be specifically required by law. Unauthorized access to the service is a breach of this agreement and a violation of law. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Site shall be construed as conferring any license under any of the My Wii Downloads or any third party’s intellectual property rights, whether by estoppels, implication or otherwise.


My Wii Downloads Services
My Wii Downloads makes no claim to ownership or other control or rights to any software recommended by My Wii Downloads or its agents. All software recommendations refer to either “Freeware” or software that is otherwise available without charge to individuals at large for specific purposes. None of the charges assessed to members of My Wii Downloads entitle You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees. The fees and charges assessed by My Wii Downloads represent recurring monthly club membership fees which entitle You as a Purchaser to access to the location, evaluation, and or recommendation of those software products available from the web site and for the information provided to purchasers. My Wii Downloads Members may cancel at anytime during the course of their membership.


Links to Other Web Sites
This Site may produce automated search results or otherwise link You to other sites on the Internet. If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of My Wii Downloads and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such linked site or any link or linking program at any time. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of My Wii Downloads, and You acknowledge that My Wii Downloads is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by My Wii Downloads or any association with its operators. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.


Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Materials. The use of this Site and the Materials is at your own risk.

MY WII DOWNLOADS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MY WII DOWNLOADS IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. MY WII DOWNLOADS DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.

Limitation of Liability
MY WII DOWNLOADS AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MY WII DOWNLOADS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MY WII DOWNLOADS’ SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MY WII DOWNLOADS SITES/SERVICE/SOFTWARE.

THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, hold harmless and release My Wii Downloads, its directors, officers, and employees, from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein.

Changes to the Service
We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. Parts of this Site are currently accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by My Wii Downloads at any time with or without prior notice. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

Failure to Abide by these Terms
My Wii Downloads may in its sole discretion terminate or suspend Your access and use of this Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. You agree that My Wii Downloads shall not be liable to You or any third party for any termination of Your access to any Materials and/or the Site.

Miscellaneous
This Terms of Use constitutes the entire agreement between You and My Wii Downloads with respect to the Site. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MY WII DOWNLOADS WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND MY WII DOWNLOADS RELATING TO YOUR USE OF THE SITE.

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