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DownloadChoice.com Submission Contract

This is a legally binding contract between you (either an individual or single entity) and Multimedia Australia Pty. Ltd. ACN 096 830 394 ("Multimedia Australia" / "we" / "us"). This contract shall be interpreted under the jurisdiction of the state of Queensland, Australia, which shall also be where any disputes or claims shall be heard. This contract shall remain in effect indefinitely.

By submitting your software products and software product updates ("Works" / "listing") to DownloadChoice.com and related websites or otherwise using the features made available to you as a developer, you (either an individual or single entity), acting as the software product's developer, or other authorised agent (the "Developer" / "you") hereby accept, without modification, the terms and conditions of this agreement as well as the website's Privacy Statement and Terms and Conditions, and other applicable contracts. The definition of "Use" shall include any form of participation and/or interaction with DownloadChoice.com, even if the Developer is using an automated submission tool.

Definition of DownloadChoice.com: The term "DownloadChoice.com" used in this contract shall constitute the download website located at http://www.downloadchoice.com, which is owned and operated by Multimedia Australia and their respective redirected addresses.

Rights to Transfer and Sub-License Content: Multimedia Australia, may at its discretion, transfer, either permanently, temporarily or consecutively, information obtained from software submissions to third parties for use with similar services or as part of any potential future sale of DownloadChoice.com provided that the recipient party agrees to Australia's Privacy Act and all the terms and conditions of Multimedia Australia's online privacy requirements as stated in Multimedia Australia's Online Privacy Statement. This information shall include but is not limited to login information, developer details, and product details.

Rights to Intellectual Property: The Developer declares that it holds complete title and other applicable intellectual property rights to the Work (which includes the data submitted as well as the product to which the data applies) as well as the legal rights to submit data to DownloadChoice.com, You hereby grant Multimedia Australia, its staff, affiliates, business partners, and distributors a worldwide, nonexclusive, and royalty-free license to use, reproduce, transmit, publish, publicly display, transfer, sell and create derivative works of the submitted data. For practicality purposes, data submitted to DownloadChoice.com shall become the property of Multimedia Australia whilst it remains on the site or any derivative works of it. Multimedia Australia may make any modifications to data submitted regardless of any other contracts that state otherwise.

Expectation of Prior Research: It is the Developer's responsibility to research and understand the purpose, features and any limitations that apply to DownloadChoice.com.

Access to DownloadChoice.com and Acceptance Procedures: Submitting Works to DownloadChoice.com only entitles the Developer to have the Work considered for inclusion on the site - it does not guarantee that it will be included. Multimedia Australia shall not be liable in any way if products are not listed, or are modified and shall not be required to provide any explanation for doing so. Multimedia Australia reserves the right to suspend or terminate access to DownloadChoice.com to one or more Developers (or any other user) at Multimedia Australia's sole discretion without any liability, prior or subsequent notice. Products may not be submitted to multiple sub-categories. Multimedia Australia reserves the right to add to, modify, suspend or discontinue any aspect of DownloadChoice.com at any time without prior or subsequent notice. The Developer agrees to and understands that the listing of Works on DownloadChoice.com, and the time frame for doing so, is to the sole discretion of Multimedia Australia. Multimedia Australia may at its sole discretion edit, remove or otherwise modify any data submitted without any prior notice to you and without any liability to Multimedia Australia.

Protecting your Passwords and Supplying Valid Information: It is the Developer's responsibility to ensure password and usernames (if applicable) provided to access their Developer's account on DownloadChoice.com are unique, kept secure, and not disclosed to unauthorised third parties. The Developer agrees to provide true, accurate and current information as requested at the time of registration.

Receipt of Emails: Multimedia Australia has stringent policies on preventing any form of unsolicited email from being sent to you during the use of our services, more information on which is available from Multimedia Australia's Online Privacy Statement or by contacting Multimedia Australia directly. We will not disclose your details to any third party unless we are required to do so by law, in order to complete an applicable service that you may request, or in any other circumstance outlined in this contract. In order for DownloadChoice.com to operate properly, emails will be automatically sent to developers in the following circumstances:

1. A confirmation email upon registering for a SharewareSelection.com Developer's account.
2. During the software submission process to confirm the submission and again for the acceptance of the submission.
3. If the Developer requests their username and password to be re-sent.
4. In the event that important technical information becomes available about the site.

Emails sent under circumstances 1, 2 and 3 outlined above are automatically sent by the DownloadChoice.com server whenever you perform the related actions on the site, and can not be switched off under any circumstances. If you do not wish to receive these emails, do not apply for a DownloadChoice.com Developer's account. You may, however, opt-out of receiving emails under circumstance 4 by informing Multimedia Australia at any time by sending an email to email@mmaus.com. If you wish to do this, however, you must be aware that these emails are only sent to you in extreme circumstances when we need to let you know about important technical information and not receiving these emails could potentially place the functioning of your account or availability of your listings on DownloadChoice.com in jeopardy.

The email address you specify may be supplied to customers who request to contact you. Please contact us if you do not wish for this to occur.

If you would like to receive newsletters from Multimedia Australia, you will need to register for these separately once you log-in to your account.

Maintaining Up-to-date Content: It is the Developer's responsibility to maintain Works submitted to SharewareSelection.com by updating them on a regular basis. The Developer understands that failure to do so may result in outdated listings being removed from the site. In the event that a Work is no longer made available by the Developer, it is the Developer's responsibility to remove the product from the site - either using a feature that may be accessible for that purpose or by notifying Multimedia Australia.

Rights to Modify and Remove Submission: Multimedia Australia reserves the right to modify all or any part of the information submitted at any time including prior to listing or once it has been listed on SharewareSelection.com. Multimedia Australia may also permanently remove a listing from SharewareSelection.com without or any prior or subsequent notice and for any reason including but not limited to protecting the interests of a third party or any member of the public, if the listing is linked to a virus-infected file, the listing is linked to content deemed to be illegal or offensive, or other reasonable grounds that warrant the listing's removal.

Download and Screenshot Locations: As with most similar sites, DownloadChoice.com lists software products, it does not necessarily host the physical files for downloading. It is the Developer's responsibility to maintain an active download link at all times to a reasonable standard. The Developer understands that DownloadChoice.com will make these links available to users for downloading the products of the website and permits Multimedia Australia to do so.

Re-Use of Creatives for Promotional Purposes: Developer authorises Multimedia Australia to make copies and derivative works of screenshots, copy and other forms of creatives (either from a URL submitted by Developer as part of the listing or from downloading the Work) for the purposes of promoting the Developer's listing on the site.

Affiliate Programs: If the Developer offers an affiliate program (either themselves or through an order processing provider), the Developer agrees to permit Multimedia Australia to participate and receive a commissions from sales, subject to any terms and conditions of the affiliate program contract that may apply (if applicable).

Banned Products: Products that are illegal or otherwise deemed offensive at Multimedia Australia's discretion or under applicable law can not be submitted to DownloadChoice.com.

Quality of Submitted Products: Products submitted to DownloadChoice.com must meet a reasonable standard of quality and be error free, the interpretation of which shall be to the discretion of Multimedia Australia. This includes ensuring that products are free from viruses, spyware and other content that may be deemed unacceptable.

Ratings and Awards: Developer authorises Multimedia Australia to rate listings, and display the rating publicly on DownloadChoice.com. Multimedia Australia shall not be liable for any consequential damages or loss arising from the provision of or failure to provide the rating system for a product. Multimedia Australia is not obliged to disclose comprehensive rating break-downs for each product, nor shall it enter into any disagreement/correspondence as to the rating awarded to a product. Developer understands that rating methods are generally based on the quality of software at the time of the rating being given; ratings may therefore vary from one period of time to another.

Payments and Credit Cards: Some services (including advertising) offered on DownloadChoice.com may require payment from you, and may be subject to other contracts, terms and conditions in addition to this contract. The Developer agrees to pay all fees and charges incurred through the use of the Developer's account. The Developer shall also be responsible for paying amounts billed to your credit card even if someone used the card without permission.

Modifications to this Contract, Policies, Procedures and Fees: Multimedia Australia may modify this contract, site policies, procedures and fees at any time without prior or subsequent notice. Such modifications shall become effective upon the date of posting/publishing/updating. The Developer's continued use of DownloadChoice.com shall constitute your binding acceptance of any modified terms. You may at any time cancel your access to DownloadChoice.com by contacting Multimedia Australia directly at email@mmaus.com.

Disclaimer: The entire risk as to the quality and performance of DownloadChoice.com, your software listings on the site and any advertising campaigns you choose to run is with you. Multimedia Australia does not warrant that the functions and services contained on DownloadChoice.com will meet your requirements or that the operation of DownloadChoice.com will be error free. Multimedia Australia does not make any warranty as to the accuracy, reliability or content of any information contained on DownloadChoice.com or to the results that may be obtained from its use. DownloadChoice.com is made accessible on an "as is" basis. No oral or written information or advice provided by Multimedia Australia, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this limited warranty.

Limitation of Liability: To the maximum extent permitted by applicable law, Multimedia Australia and/or its staff and suppliers shall in no event be liable to you or any other person for any damages whatsoever (including but not limited to, damages for loss of business or profits, interruption to business, loss of information, or for any other indirect or consequential loss) arising out of the use of, or inability to use, or supply, or non-supply, of DownloadChoice.com or any support services, even if Multimedia Australia was advised of the possibility of such problems. The Developer hereby agrees to indemnify, defend and hold harmless Multimedia Australia, its staff and distributors for any claim that may arise out of the use or failure to use DownloadChoice.com and the products/data submitted/published including but not limited to infringement of intellectual property and claims of defamation). Multimedia Australia shall not be liable and you will not be entitled to any refund for the use or inability to use DownloadChoice.com and including but not limited to service outages resulting from maintenance of DownloadChoice.com, viruses, hacking, failure of servers, telecommunication failures, acts of nature, human error, program error and other cause beyond Multimedia Australia's reasonable control. Multimedia Australia's total liability is limited to the amount actually paid by you for access to DownloadChoice.com or the service in question or $5.00 Australian dollars.

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