Publisher Terms of Use


Upload.com provides a centralized location where software publishers may submit new products and product updates to CNET for evaluation. Properly submitted products and product updates will be included in the Upload.com library and made available for download on our Donwload Sites, subject to these terms, conditions, and notices (these "Upload.com Terms"). Your use of Upload.com and our other services (collectively, the "Service") is based on your acceptance, without modification, of these Upload.com Terms.



Additional CBS Interactive agreements


Your use of the Service is also based on your acceptance, without modification, of the provisions contained in the additional CNET agreements listed below.



We reserve the right, in our sole discretion, to modify these Upload.com Terms or any of the additional CNET agreements and any Service fees, at any time, effective upon the date we post revised terms or fees on our sites. Your continued use of the Service constitutes your binding acceptance of these Upload.com Terms and the additional CNET agreements, including any changes or modifications we may make. If any part of these Upload.com Terms and/or the additional CNET agreements is not acceptable to you, please do not submit your product(s) to us. If any future changes to these Upload.com Terms and/or the additional CNET agreements are not acceptable to you, you may cancel your Service though the product links found in your Upload.com Manager.


Your access to the Service


We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all parts or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend, or discontinue all aspects or any aspect of the Service at any time, without prior notice or liability. We reserve the right to remove any material you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your product will be processed within the expected time frames associated with any Upload.com product or service.


We will not be liable for, and you will not be entitled to, a refund for service outages 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 nature, war, civil disturbance, court order, legislative or regulatory action, catastrophic weather conditions, a computer virus, third-party interference, or another cause beyond our reasonable control.


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 Upload.com Terms and a violation of the law.


Requests for removal of listings within the Upload.com library


If you would like to remove your product from the Upload.com library for any reason, follow the instructions on the My Products page of your Upload.com account. If you would like for us to investigate an alleged breach of a copyright, please follow the instructions contained in our copyright notice. We will review such submissions on a case-by-case basis. We are not in a position to arbitrate trademark disputes among software publishers and we encourage you to resolve trademark disputes directly with the software publisher who may be infringing your trademark. In all cases, we may, at our sole discretion, decide to remove any products involved while a dispute is being settled. You agree that we may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.


Your responsibility to CNET Users


You will be solely responsible for all claims and losses associated with or resulting from the materials you submit to our sites, including without limitation any warranty, return, or support obligation. If users report that your product's description contains a misrepresentation about the product's price, function, performance, or specifications, we will request that you contact the user. If you fail to respond satisfactorily to us or to the user in a timely manner, or if we receive an excessive number of complaints, we may remove your product from our library.


Your conduct on the Service


If we discover you have manipulated the data or statistics for a certain product, we reserve the right to remove the product from our Upload.com library and from our network of sites.

You certify that you own all the intellectual-property rights of any materials, including, but not limited to, software products, that you submit to us for display on our sites, and that the operation or distribution of such work does not, and will not, violate any law or third-party rights. You also grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to use, reproduce, transmit, distribute, publicly display, publish, publicly perform, digitally perform, sublicense, transfer, sell, and create derivative works of the materials, including, but not limited to, software products that you submit, and subsequent versions of such work and additional information that we gather about your materials 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. Such license shall apply to distribution and storage of the work in any form, media, or technology now known or later developed. You agree that we may place your materials on the sites of our partners around the world. You understand and agree that our editorial teams may review any materials you submit to our sites and that such reviews will not be influenced by your business relationship with CNET.


Legal policies and notices


You hereby agree to indemnify, defend, and hold CBS Interactive Inc. and all our officers, directors, owners, agents, information providers, business partners, affiliates, distributors, and licensors (collectively, the "CNET Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any CNET Party in connection with any claim arising out of (i) any claim that if proven true would constitute a material breach of these Upload.com Terms, (ii) any use or alleged use of your account or password by any person, whether or not authorized by you, or (iii) any claim arising out of the material you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, and trademark infringement, and any claim or liability relating to the content, quality, or performance of materials 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.


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. 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. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.


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


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.


These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Upload.com Terms in the federal or state courts located in San Francisco County, California. These Terms constitute the entire agreement between you and CBS Interactive Inc. with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Upload.com 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.

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