Welcome to Phoload.com. By using or browsing this website (collectively, including all content and functionality available through the Phoload.com domain name, the "Phoload Website", or "Website"), you signify that you agree to comply with and to be bound by the following terms and conditions of use, which together with our privacy policy govern your relationship to the Phoload Website. If you do not agree to any of these terms, or the Phoload privacy policy, then please do not use the Phoload Website.
The Phoload Website allows users who register as "Developers" to upload and share games and applications ("Software") for mobile devices. Users of the Website can download, discuss, review and comment on this software. The terms of use set out on this page apply to all users of the Phoload Website, including the Developers who contribute Software to the Website.
From time to time the Phoload Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Phoload Website does not sell, resell or license any of the Software listed on the Website. Neither do we endorse any submitted Software, opinion, or recommendation available on the Website. Users should be aware that downloading software, whether to a computer or mobile phone, is not without risk. By using the Phoload Website you are exposing yourself to content submitted by third party Developers. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such content. Your use of any Software or materials on the Phoload Website is entirely at your own risk, for which we shall not be liable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against Phoload with respect to all matters related to the Software available for download on the Website. Any questions, complaints, or claims in connection with the Software listed on the Website should be addressed to the appropriate Developer.
We will not charge for any Software you download, but if you download Software directly to your phone, your mobile service provider may charge you for the data transferred or airtime used. Furthermore, some of the Software available on the Website may also use airtime and/or send SMS messages and therefore the use of such Software may incur charges from your mobile service provider. We expressly disclaim any responsibility for any charges you may incur through the use of Software downloaded from the Phoload Website.
Developers shall be solely responsible for the Software they submit to the Phoload Website and the consequences of posting that Software on the Website. We cannot be held responsible for any liabilities or loss of revenue arising through your use of the Phoload Website as a Developer.
By submitting Software to the Phoload Website you affirm, represent, and/or warrant that: You own or have the necessary rights, licenses, permissions, and consents to submit the Software for free distribution. In addition, you agree that you will not submit Software that contains material that is copyrighted, patented, protected by trade secret, or otherwise subject to third party intellectual property rights or other proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material for free distribution.
In relation to your submissions to the Phoload Website as a Developer, you warrant that the Software you submit does not contain content that is in any way offensive, pornographic, obscene, abusive, defamatory, libelous, unlawful, or links to any such content. Furthermore, you warrant that the Software does not contain any worms, viruses, or other malicious or destructive code. You also warrant that the Software is not constructed with the intent of sending bulk or spam SMS or email messages, collecting users' personally identifiable information for unlawful purposes, deceiving any person into incurring charges, or encouraging any form of illegal or criminal activity.
When you submit your Software to Phoload, you may also submit screenshots and a description of the Software. You warrant that the Software descriptions and screenshots you submit do not contain content, nor link to any content, that is in any way offensive, defamatory, libelous, unlawful, misleading, or is likely to deceive any person into incurring charges. We reserve the right (but not the obligation) to modify the content and formatting of the Software descriptions submitted by Developers.
By submitting your Software to the Phoload Website, you grant us permission to publicly display and freely distribute that Software via the Phoload Website. We reserve the right (but not the obligation) to remove any Software that has been uploaded to the Website at any time without notice. You may remove your Software from the Phoload Website at any time without notice. When Software is removed from the site, we may retain, but will not display or distribute, copies of the deleted software on our servers.
If you believe that there is Software on the Website that infringes on your intellectual rights, please email us at support@phoload.com.
You may not distribute, reproduce or commercially exploit part or all of the contents of the Website. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. The use of the software listings on the Phoload Website to produce any form of mailing list or catalogue is expressly prohibited.
The website text, design, layout, appearance, graphics and look and feel of the Phoload Website are owned by us. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
We do not represent or warrant that: (i) the use of the Phoload Website will be timely, uninterrupted or error-free, (ii) errors or defects will be corrected, or (iii) that the Software submitted by Developers will be free of viruses and other harmful components. This site provides the information, services and Software available "AS IS", with no warranties whatsoever. All express warranties and all implied warranties and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
You expressly understand and agree that Phoload, its owners/operators, and their officers, directors, employees and agents, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use, the inability to use, or the results of the use of the Website; (ii) any errors or omissions in any content; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any bugs, viruses, Trojan horses, malware, or the like, which may be transmitted to or through the Website by any third party, and/or for (vi) any loss or damage of any kind incurred as a result of your use of any Software posted, distributed, or otherwise made available via the Phoload Website (vii) or any other matter relating to the Website.
You agree to defend, indemnify and hold harmless the Phoload Website, its owners/operators, and their officers, directors, employees and agents, from and against all liabilities, losses, costs and damages arising from (i) your violation of any term of these terms of use; (ii) your violation of any third party right, including without limitation any copyright, or property right; or (iii) any claim that Software submitted by you caused damage to a third party.
We reserve the right to update and change these terms of use from time to time without notice. Any new features that augment or enhance the current Website, including the release of new tools and resources, shall be subject to these terms of use. Continued use of the Website after any such changes shall constitute your consent to such changes. You can review the most current version of the terms of use by visiting this page at any time.
Your use of the Phoload Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.