These Best Downloads Terms of Use (the "Terms of Use") are a legal agreement between you, the "user," and Best Downloads ("Best Downloads"). Use of the Best Downloads features and services, as described herein, requires that you agree to these Terms of Use. By using the Best Downloads website or services, and/or by downloading content from Best Downloads (collectively, the "Best Downloads Services") you do hereby agree to be legally bound by these Terms of Use.
Best Downloads may, at its discretion, add, delete, or modify these Terms of Use without notice and it is the responsibility of the user to check these Terms of Use before using new products or services or downloading new content.
If you do not wish to be bound by these Terms of Use you may elect to navigate off the Best Downloads website prior to using or downloading Best Downloads Services.
is a website that provides users with high quality media content including, but not limited to, screensavers, wallpapers, and games.
The installer contains the content chosen by the user. The content can be easily uninstalled by going to Control Panel and using the Add/Remove feature/function.
You may not make or distribute copies of the downloaded content, or electronically transfer such from one computer to another or over a network.
Certain offers, products or services of Best Downloads may require the user to submit personal information before gaining access to content or other products or services. Certain other products or features may require user information in order to be functional. By providing any such information to Best Downloads and by continuing to use such Best Downloads Services, you agree to accept all uses of personal information as outlined herein.
You hereby authorize Best Downloads to collect, store and use any and all personal information described by the preceding paragraph in order to more effectively display promotional material, information and advertising. Without limiting the foregoing, you additionally authorize Best Downloads to collect, store and use personal information in accordance with terms of the Best Downloads Privacy Policy.
In addition, you may choose to share personal information with third parties that link or advertise at or through Best Downloads. YOU ACKNOWLEDGE AND AGREE THAT ASCREENSAVERS SHALL NOT, IN ANY WAY, BE LIABLE OR RESPONSIBLE FOR THE USE OF PERSONAL INFORMATION SHARED BY YOU WITH ANY SUCH THIRD PARTY.
You acknowledge and agree that you have reviewed, understand, and agree to be bound by all of the terms and provisions of the Best Downloads Privacy Policy. Your use of the Best Downloads Services is expressly conditioned upon such acknowledgment and agreement. To view the Best Downloads Privacy Policy click here.
You acknowledge that Best Downloads and/or third party affiliates own all rights, title and interest in all materials provided through the Best Downloads Services and to all software portions thereof including, without limitation, all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Best Downloads Services.
All of the materials provided through the Best Downloads Services are protected by the copyright laws of the U.S. and other countries. You are only allowed to use these materials as indicated on the Best Downloads website; other uses are prohibited by copyright laws. You agree to not remove, obscure, or alter Best Downloads's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Best Downloads Services.
All of the materials provided through the Best Downloads Services may be viewed only in conjunction with the Best Downloads Services. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise.
YOU AGREE THAT THE USE OF THE ASCREENSAVERS SERVICES IS ENTIRELY AT YOUR OWN RISK. THE ASCREENSAVERS SERVICES, INCLUDING THE INSTALLER AND THE Best Downloads WEBSITE, ARE PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALSO, TO THE FULLEST EXTENT PERMITTED BY LAW, ASCREENSAVERS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ASCREENSAVERS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ASCREENSAVERS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON Best Downloads OR THROUGH ANY LINKS PROVIDED BY THE ASCREENSAVERS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE ASCREENSAVERS SERVICES OR THROUGH ANY LINKS PROVIDED VIA THE ASCREENSAVERS SERVICES. NEITHER ASCREENSAVERS NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE Best Downloads WEBSITE OR THE ASCREENSAVERS SERVICES. ASCREENSAVERS MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE ASCREENSAVERS SERVICES.
Best Downloads and other providers of licensed content make no guarantee of the accuracy, correctness, or completeness of any information provided through the Best Downloads Services, including any provided on the Best Downloads website, and are not responsible for:
is not responsible for the delivery of any goods or services sold or advertised through Best Downloads's sponsors, advertisers, link partners, or affiliate program pages. Best Downloads is not responsible for any content displayed on websites operated by Best Downloads's sponsors, advertisers, link partners, or affiliate program pages.
YOU HEREBY AGREE THAT ASCREENSAVERS AND THE PROVIDERS OF LICENSED CONTENT ASSOCIATED WITH ASCREENSAVERS ARE NOT LIABLE FOR YOUR CONDUCT IN ASSOCIATION WITH ASCREENSAVERS OR THE ASCREENSAVERS SERVICES.
UNDER NO CIRCUMSTANCES SHALL ASCREENSAVERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, ASCREENSAVERS OR THE ASCREENSAVERS SERVICES, INCLUDING THE Best Downloads WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF ASCREENSAVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, OR RELIANCE ON, THE ASCREENSAVERS SERVICES, FROM INABILITY TO USE THE ASCREENSAVERS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Best Downloads OR THE ASCREENSAVERS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON Best Downloads OR RECEIVED THROUGH ANY LINKS PROVIDED ON Best Downloads, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON Best Downloads OR RECEIVED THROUGH ANY LINKS PROVIDED ON Best Downloads. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE ASCREENSAVERS SERVICES OR ANY OTHER PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE ASCREENSAVERS SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify Best Downloads, its parent company, affiliates, directors, officers, employees, and any providers of licensed content against any and all claims and expenses, including attorneys' fees, arising from your use of the Best Downloads Services. This includes, without limitation, your responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or service-marks.
By using the Best Downloads Services you hereby agree to release Best Downloads and its parent company, affiliates, directors, officers, employees, and any providers of licensed content from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or the Best Downloads Services. You hereby agree to waive all laws that may limit the efficacy of such releases.
These Terms of Use shall be constructed and controlled by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of New York. You agree to personal jurisdiction by the state and federal courts of the State of New York.
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between you and Best Downloads representatives with respect to the subject matter hereof.
If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Best Downloads.
All questions concerning these Terms of Use shall be directed to Best Downloads at the address below. Additionally, if you have comments about Best Downloads or other Best Downloads Services, or if you have ideas on how to improve them, please contact Customer Support.
