Welcome to nfreeware.com (the “Website“), a website operated by and on behalf of Phantom.me Ltd. of 7 Shadal St., Tel Aviv, Israel (the “Company” and/or “Our” and/or “We” and/or “Us“).
The Website includes information about certain software and allows its users to download such software (including through links to external sites) (the “Services“).
You are only entitled to use the Website, if You comply with all of the following:
You are at least 18 years old;
You have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms;
You are not prohibited from using the Website and/or the Services pursuant to the laws of the country in which You reside or located while using the Website.
The User represents, warrants and agrees to ensure that his or her use of the Website will comply with all applicable laws, statutes and regulations. The offering or availability of the Website and/or the Services shall not be deemed or interpreted as an offer or invitation by the Company to use the Website and/or the Services. The User is solely responsible for determining whether his or her use of the Website and/or Services is legal in the place where he or she lives and/or uses the Website and/or Services.
The Company makes no representations or warranties, express or implied, concerning the legality of the Website and/or the Services and/or of any person’s use of the Website and/or the Services, and shall not be responsible for any illegal use of the Website and/or the Services by the User.
3. rohibited activities
You represent and warrant that You have full right and authority to use the Website and/or the Services to be bound by the Terms and You agree that Your use of the Website and/or the Services is subject to all applicable local, state, national and international laws and regulations.
As a User, You undertake to use the Website and the Services in a respectful manner, and You undertake not to:
Link to the Website and/or use the Website for the purpose of uploading, downloading, distributing, publishing or transmitting (a) information or other material in a manner that violates any rights, including intellectual property rights, protection of privacy rights or any other right; (b) information or other material that is prohibited for publication or use because it constitutes threat, harm, insult, slander, defamation, racism or inappropriate content; (c) information or other material that includes a virus or other software that may damage the computer systems of the Company or any third parties or in a manner that may restrict or prevent others from using the Website; (d) information or other material that violates any law; or (e) information or other material that includes an advertisement of any kind without the prior written permission of the Company;
Use the Services using any interface other than the Website;
Interfere with other Users’ use of the Website and/or the Services;
Use the bots or other automated methods to access or use the Website and/or the Services;
Upload or transmit (or attempt to upload or to transmit), without the Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, web bugs, cookies or other similar spyware devices;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Violate any applicable laws or regulations, encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software;
Make any changes and/or interfere in any way in the source code of the Website and upload any software and/or application that may harm or cause damage to the Company, the Website or any other third party;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Website or used to provide the Services.
You acknowledge that without prejudice to any other right of the Company, in case that the Company is concerned that Your use of the Website does not comply with the provisions of these Terms or any applicable law, the Company may track Your use of the Website or the Services, prevent You from accessing the Website, transfer Your behavior patterns on the Website to third parties, and any other action that the Company may deem appropriate to protect its property and/or rights and/or rights of third parties.
- The Website and its content, including the video materials, text, photos, logos, designs, music, sound, figures, trademarks and any other content embodied in the Website are protected by intellectual property rights of the Company or of third parties.
- As between the Company and the User, the Company retains all right, title and interest in and to the Website and the Services. The use of the Website and/or the Services does not confer on the User any of the intellectual property rights embodied in the Website and/or the Services, other than the right to use the Website and/or the Services in accordance with the terms of these Terms.
- The User may only use the Website and/or the Services for personal and non-commercial use.
- You shall not, nor shall You allow any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website or the Services pursuant to the Terms or otherwise exploit any of the contents of the Website without the Company’s explicit, prior written permission.
of copyright infringement
- The Company respects the intellectual property rights of others, and requires that the Users do the same.
- If You believe that You have identified a case of copyright infringement in materials available in the Website, and wish to have them removed, You may contact Us by email at firstname.lastname@example.org.
- Please note that You will be liable for damages (including costs and attorneys’ fees) if You make any material misrepresentations when making or countering a copyright infringement claim.
4. User content
Users of the Services may be permitted to upload or post or otherwise make available content through the Services (“User Content”).
When You upload or post User Content, You represent that (a) the User Content is at any time true, fair, honest, accurate, up to date and complete; (b) You own the User Content or otherwise have the right to grant the license set forth in this section; (b) the posting of Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other sums of money owing any person or entity by reason of any User Content posted by You to or through the Website.
You may not post a User Content that (a) breaches or infringes the intellectual property rights of any third party; (b) contains any content that can be considered unlawful, harmful, abusive, defamatory, infringing, invasive of personal privacy or publicity rights or that some people may consider offensive or inappropriate; (c) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or (d) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships.
You are in the best position to know if Your User Content may be used in connection with the Website or the Services, and You are solely responsible for ensuring that Your User Content complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights.
Notwithstanding the above, the Company reserves the right to cut, crop, edit, remove or refuse to publish, Your User Content at its sole discretion. As a result, We recommend that You save copies of any User Content that You post to the Website on Your personal device(s) in the event that You want to ensure that You have permanent access to copies of such User Content.
You or the owner of Your User Content retain ownership of the copyright therein, but by submitting User Content via the Services, You hereby grant Us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize others to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit Your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant Us a royalty-free license to use Your user name or image to identify You as the source of any of Your User Content. The Company also has the right to disclose Your identity to any third party who is claiming that any User Content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You have no right to receive any income or other consideration from Your User Content and You are prohibited from upholding any right to monetize or obtain consideration from Your User Content.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to Us any User Content that You consider to be confidential or proprietary. When You submit User Content through the Services, You agree and represent that You own that User Content, or You have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the User Content, to submit it to the Website.
If You wish to complain about any User Content posted on the Website, please contact Us at email@example.com.
5. Limitation of liability
Your use of the Website and/or the Services shall be at Your sole risk. To the fullest extent permitted by law, the Company disclaims all warranties, explicit or implied, in connection with the Website and the Services and Your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Accordingly, the Services, including all content and functions made available on or accessed through or sent from the Website, are provided “as is,” “as available,” and “with all faults” basis.
Without derogating from the generality of the foregoing, the Company assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of any content included in the Website; (b) any interruption or cessation of transmission to or from the Website of via the Services; (c) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website or the Services by any third party.
You agree to hold the Company harmless for any losses caused, directly or indirectly, to You and/or to any other third party, with respect to the Website and/or the Services and You shall bear sole responsibility for any of Your decisions made relying on the content of the Website and/or the Services.
In no event will the Company be liable to You or any third party for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from Your use of the Website and/or the Services or other materials on, accessed through or downloaded from the Website or as part of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company has been advised of the possibility of these damages and in cases where judicial authority finds the Company liable, its liability shall not exceed 1,000 USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the Company shall not be liable for User Content or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with You.
The Company is not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or incompatibility between the Website or the Services and Your browser and/or other equipment. The Company does not assume any responsibility or risk for Your use of the internet.
Software downloads: without derogating from the generality of the above, the Website includes links to software downloads, including through links to external websites. In any case, the Company does not make any representations or warranties in respect of any such software in any manner whatsoever, and the downloading thereof is done at the Users’ sole risk. Each software’s designated page includes the name of the publisher of the software. Before downloading any software published on the Website, the Company strongly recommends that You seek information about the software through the publisher’s website or elsewhere
The Website may contain links, content, advertisements, promotions, logos and other materials to other websites that are controlled or offered by third parties (the “Links”). We caution You to ensure that You understand the risks involved in using such websites or materials before retrieving, using, relying upon or purchasing anything via these websites or based on such materials. Such Links are provided solely for Your convenience, and You agree that under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites.
The inclusion of Links in the Website is not an endorsement, authorization, sponsorship, affiliation or any other connection between the Company or those websites or their operators.
We have not reviewed any or all of such Links and are not responsible for any of the content of the websites referred thereby. We caution You to ensure that You understand the risks involved in using such websites before retrieving, using, relying upon or purchasing anything via these websites. Under no circumstances will You hold Us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other websites.
We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Website after any changes come into effect, You are deemed to agree to the revised Terms.
The User agrees that transmission of information to or from the Website does not create between him and the Company any relationship that deviates from those specified in this Terms.
These Terms and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Israel, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and the relationship between You and Us.
No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
We may transfer or assign any and all of Our rights and obligations hereunder to any third party; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms.