Terms and conditions

Welcome to CaptainDownloads.com (the “Site”). By Accessing or using our site you are indicating that you have read, understand and agree to be bound by these terms of service and agreeing to comply with and be bound by the following terms of use. Please read carefully and review the following terms and conditions and (“Terms of Service”) and our Privacy Policy, which may be found at our site and which is incorporated by reference into these Terms of Service and is a part of this Agreement. These Terms of Service govern your access to and use of the Site and, except as otherwise provided in these Terms of Service, all text, graphics, images, music, software, audio, video, information or other materials available through the Site (“Content”), and constitute a binding legal agreement between you and the site. If you do not agree to these terms, you have no right to access or use the Site or any content of this site. 

We reserve the right, at our sole discretion, to modify or terminate the Site or from time to time to modify these Terms of Service, without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

By continuing to access or use the Site after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms of Service.

Limited License.

Subject to your compliance with the terms and conditions of these Terms of Service, you are granted a non-exclusive, personal, non-sublicensable, non-assignable, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Your right to use the Site is not transferable or assignable. Any password or right given to you according to this Agreement is not transferable or assignable. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) Copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) Use the Site any Content and Materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media of any kind), that is offered for commercial distribution of any kind or the benefit of any third party, including through sale, license, lease, rental, subscription, or any other commercial  distribution mechanism; (c) Use the Site or Content for any purpose or in any manner not permitted by these Terms of Service; (d) Create compilations or derivative works of any Content and Materials from the Site; (e) Use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right; (f) Remove, change or obscure any copyright notice or other proprietary notice or Terms of Service contained in the Site; (g) Make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology of any kind; (h) Remove, decompile, disassemble or reverse engineer any Site or use any network monitoring or discovery software to determine the Site architecture; (i) Use any automatic or manual process to harvest information from the Site; (j) Collect or store any personally identifiable information from the Site from other users of the Site without their express permission; (l)Violate any applicable law or regulation or encourage or enable any other individual to do any of the foregoing: (m) Use the Site for the purpose of gathering information for or transmitting; (1) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (n) Use the Site in a manner that violates any law regulating email, facsimile transmissions or telephone solicitations; and (o) Export or re-export the Site or any portion thereof, or any software available on or through the Site.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and/or the Application and the Content and Materials provided therein.

Unlawful Activity.

We reserve the right to investigate complaints or reported violations of any kind of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

You acknowledge that we have no obligation to monitor your access to or use of the Site or Content, but have the right to do so for the purpose of operating the Site to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 

Advertisers The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for (a) the availability or accuracy of such websites or resources; or (b) the content, product, or services on or available from such websites or resources; or (c) any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site or on the Application. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. We may use third-party advertising companies to serve ads when you visit the site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp

Warranties and Limitation of Liability - Disclaimer.

The information, content and documents from or through the site are provided "as is" and makes no representations or warranties in relation to the accuracy or completeness of the information found on it. All warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations.

We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site (d) the content contained on the Site or (e) any delay or failure in performance; (f) indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of contracts, goodwill, data, information, income, anticipated savings or business relationship, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

The negation and limitation of damages set forth above are fundamental elements of the basis of the transaction between us and you. This site, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site otherwise shall create any warranty, representation or guarantee not expressly stated in this Agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

Without derogating from the aforesaid, while the content of this Site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading or that this it will always (or ever) be available for use. We do not warrant that the servers that make this application available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site or the Application.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Third-Party Services.

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, and merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Links to other Web Sites. The Site or the Application contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site or on the Application does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site or the Application and access these third-party sites, you do so at your own risk. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

General Provisions.

This Agreement notice shall be interpreted and governed by Israel law, and any disputes in relation to it are subject to the exclusive jurisdiction of the courts in Israel. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the Services and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. You expressly acknowledge that you have read this Agreement and understand the rights, obligations, terms and conditions set forth herein. By continuing to install the application or using the site, you expressly consent to be bound by its terms and conditions and grant to the site the rights set forth herein.