appsbar® ("appsbar® ") currently provides users with access to, and use of, information regarding various products and services on its web site located at www.appsbar® .com (the "appsbar® Web Site"). The appsbar® Web Site and all products or services offered therein are referred to collectively as the "Service".
ACCEPTANCE OF TERMS
PLEASE READ THE TERMS VERY CAREFULLY!
The Service is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by appsbar® . Your use of the Service means you agree to all of the Terms and agree to them without modification or reservation.
MINIMUM AGE/PARENTAL CONSENT
By using the appsbar® Web Site, you certify that you are above the age of majority in your state of residence. If you are under the age of majority but at least 13 years of age you may use the appsbar® Web Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the appsbar® Web Site. If you do not agree to (or cannot comply with) any of these terms and conditions, you are not permitted to register or use the appsbar® Web Site.
appsbar® does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the appsbar® Web Site and parents or legal guardians may not agree to these Terms on their behalf.
There are several additional words that are used in these Terms that have a specific meaning in these Terms. The words defined in this section shall have the following meanings in these Terms, unless to do so would be contrary to the clear intent of these Terms:
Application" means a computer software program designed to assist an end-user in performing singular or multiple related specific tasks on a mobile device, whether for entertainment, gaming, business, utility, information, or otherwise, which program has been developed by a user using the Service, whether or not such Application has been submitted to or published by any Application Store (defined below) to be available for downloading by end-users. The term "Application" shall include all related User Content (defined below) and source code used by the relevant user to create the Application.
"Application Store" means a digital distribution platform, whether via mobile application or online via a website that enables end-users to browse, review, and download (whether free or at a cost) mobile applications directly to a mobile device or to a personal computer or computing device and that supports mobile applications developed using platforms available on the appsbar® Web Site.
"appsbar® Content" means all software and mobile application development tools, other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of appsbar® on the appsbar® Web Site, as well as the computer programs used to generate the pages on the appsbar® Web Site.
"User Content": Means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any user posts or transmits on the appsbar® Web Site but expressly excludes all appsbar® Content.
"You", "your" and "user": Means all individuals and/or entities in whatever form accessing or using the Service for any reason.
You acknowledge that the Service is made available to you and provide to you based on the information that you provide upon registration as a user of the Service. Therefore, you agree and warrant that all registration information provided by you through this Web Site will be truthful, accurate and current and that you will update all registration information as and when necessary to keep it truthful, accurate and current. Providing any untruthful or inaccurate information may constitute a breach of these Terms. You are responsible for the security of your user name, password and account, and for any use of your user name, password and account. If you become aware of any unauthorized use of your user name, password and account, or other breach or compromise of security, you agree to notify appsbar® promptly. However, you may be held liable for losses incurred by appsbar® or any other user of or visitor to the appsbar® Web Site due to someone else using your appsbar® user name, password and account. Only one registration is allowed per person and your registration is personal to you and cannot be transferred to any other person.
You may not use anyone else's appsbar® password or account at any time. In addition, you should not use anyone else's appsbar® password or account at any time. appsbar® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Currently, the Service is offered to registered users without any monetary consideration, in exchange for (a) users' agreement to allow appsbar® to insert banner or other advertisements, of appsbar® 's sole selection and at its sole discretion, in any Applications that are submitted on behalf such users to available online Application Stores and (b) the licensed granted by users to appsbar® with respect to their Applications and User Content in the section captioned "LICENSES AND RIGHTS GRANTED TO appsbar® " below, whether or not any such Application has been submitted to or published by any Application Store.
appsbar® makes no promises, representations, warranties, guarantees or other assurances that any Application will be approved for publication by any Application Store. Submission and approval to an Application Store may take several weeks and there is no guarantee that an Application will be approved. appsbar® has no control over the approval processes employed by any Application Store. If your Application is approved, appsbar® will attempt to notify you by sending you an e-mail, with a link to your Application. appsbar® will attempt to submit an Application to a relevant Application Store no more than 3 times.
TRADEMARK AND COPYRIGHT PROTECTIONS
The appsbar® Web Site, in its entirety, (except for User Content), including the appsbar® Web Site name and logo, and all other appsbar® Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the "look and feel" of the appsbar® Web Site (including color combinations, layout, design and all other graphical elements), are the sole property of appsbar® and/or its affiliates, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms is strictly prohibited without appsbar® 's prior written permission. Please contact compliance@appsbar® .com to request permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by appsbar® on the appsbar® Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by appsbar® or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of appsbar® or any third party, except as expressly set forth and granted in the Terms.
LIMITED LICENSE TO USER
You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the software and tools provided by appsbar® as part of the Service for the sole purpose of enabling you to develop Applications to run across various mobile platforms supported by the appsbar® Web Site and to be submitted at your option but solely by appsbar® to one or more Application Stores for publication, solely in the manner permitted by these Terms.
This license is not a sale of any of the respective intellectual property owner's rights. The Service may be used only by you and you may not rent, lease, lend, sub-license, or transfer the Service or any data or appsbar® Content residing on it or any of your rights under the Terms to anyone else, nor may you make the Service available to anyone else on a "service bureau" basis or in exchange for any compensation to you. Except as otherwise expressly provided herein or with appsbar® 's prior express written consent, you may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, "mirror," perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any appsbar® Content or User Content contained in the appsbar® Web Site in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the appsbar® Web Site. You may not transfer to or store any data residing or exchanged using the Service, including any Application, in any electronic network for use by more than one user unless you obtain prior written permission from appsbar® . Please contact compliance@appsbar® .com to request any required permission.
USER OWNERSHIP RIGHTS
Except as provided in the following paragraph, appsbar® acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from you under these Terms in or to any User Content that you post, upload or submit to the appsbar® Web Site or any Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application and your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights you already hold in the Application and your User Content, and you are responsible for protecting those rights, as appropriate. Unless you have agreed otherwise in writing with appsbar® , you agree that you are responsible for protecting and enforcing those rights and that appsbar® has no obligation to do so on your behalf. If you create an Application to share with other users of the Service, you may determine with whom you share the Application and your User Content and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application and your User Content, subject to the license granted to appsbar® in the following section.
As part of our continuing mission to make all best efforts possible to try to insure that appsbar® users do not pay any fees for use of appsbar® or third party development licenses, appsbar® may be required to utilize its developer accounts to attempt to submit and publish your Application that you create through appsbar® to Application Stores. appsbar® further acknowledges and agrees that submitting or publishing of any appsbar® users Application utilizing an appsbar® developer account shall in no way grant appsbar® any additional ownership, control, rights, title or interests to the User Content that you create and submit to appsbar®
LICENSES AND RIGHTS GRANTED TO appsbar®
By creating, posting or displaying the Application on or through the Service you grant, and agree to grant, a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), irrevocable, and transferable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party:
to appsbar® , to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of enabling appsbar® to provide the Service to you, including storing the Application and your User Content on its servers;
to appsbar® , to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of promoting and redistributing all or part of the appsbar® Web Site in any media formats and through any media channels without restrictions of any kind;
to appsbar® and each user of the appsbar® Web Site to access your User Content that is not password protected through the appsbar® Web Site; and
to appsbar® to use, in its sole discretion, the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and appsbar® Web Site listings (including links to your web site, if any) for the purpose of advertising or publicizing your use of the Service, subject to such reasonable quality controls or guidelines for such use as you may provide to appsbar® in writing from time to time; and
In addition, you hereby grant to appsbar® a worldwide, royalty-free, exclusive, irrevocable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party, to insert, display and publish into in any Application(s) that you create and elect to publish to any Application Store, third party or other advertising content selected by appsbar® in its sole discretion.
Some of the features of the appsbar® Web Site or the Service may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"). You acknowledge and agree that: Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate appsbar® to treat your User Submissions as confidential or secret. appsbar® has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
appsbar® may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
The Service may be used only for lawful purposes. As one of the conditions of your use of the Service, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the appsbar® Web Site by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Service complies with the Terms and to request prior written permission from appsbar® for any uses not permitted or expressly specified in the Terms. Please contact compliance@appsbar® .com to request permission.
In the event that we utilize third party vendors or companies to provide any of the services described above or similar services, we may need to share your Personally Identifiable Information with them to enable those companies to perform their obligations. However, we will provide these companies only with that information necessary to perform their functions on our behalf, and we will not authorize them to use your Personally Identifiable Information for any other purpose. In such event, these companies are required to agree, in writing, that they will abide by the privacy statement and privacy standards implemented herein, including the relevant confidentiality and security provisions
appsbar® accepts no responsibility for the opinions and information posted on the appsbar® Web Site by others. You acknowledge that the security mechanisms of the Service have inherent limitations, and you are solely responsible for determining if the use of the Service sufficiently meets your needs. You agree that appsbar® has no responsibility or liability for the deletion or failure to store your User Content and/or Application(s) and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your User Content and/or Application(s).
You further agree that you are solely responsible for (and that appsbar® has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which appsbar® or any third party may suffer) of any such breach.
SPECIFIC PROHIBITED USES
- While using the Service, you shall not do any of the following:
- Respond to any commercial opportunity on the Service for any reason other than to utilize the products or services offered.
- Sell or lease, other than through appsbar® as provided in these Terms, any advertisement space to be used in or in connection with the Service or your
- Application or place or display any advertisement in the Service or your Application.
- Post or transmit any incomplete, false, or inaccurate information.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.
- Send unsolicited e-mail, telephone calls, mailings or other material to any other users of the Service.
- Post or transmit any User Content or Application that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
- Use the Service's communications features in a manner that adversely affects the availability of its resources to other users (for example, continuous posting of repetitive or duplicative text).
- Upload or transmit any User Content, or create any Application, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.
- Post or transmit any User Content, or create any Application, that encourages or solicits criminal activity or that assists in any way in committing criminal activity.
- Upload or transmit any User Content, or create any Application, which infringes any patent, copyright, service mark, trade secret, trademark, or other proprietary rights.
- Delete any attributions, legal notices or proprietary designations or labels that you upload to any portion of the Service.
- Delete or revise any material posted by any other person or entity in whatever form.
- Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, such as opinions or notices, commercial or otherwise.
- Post or transmit any User Content, or create any Application, which contains a virus, worm, Trojan horse, or any other malicious or corrupted code or data.
- Use any device, software, or routine to interfere with the proper operation of the Service or any activity being conducted on the Service.
- Attempt to decipher, disassemble, copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of any of the software comprising, creating, or in any way making up a part of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by appsbar® , in writing (e.g., through an open source software license)
- Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.
Without limiting the foregoing, any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the appsbar® Web Site will not be permitted. The appsbar® Web Site may only be used for lawful purposes. You are prohibited from posting on or transmitting through the appsbar® Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws. These Terms also mandate that robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other "bots" that visit the appsbar® Web Site are Standard for Robot Exclusion (SRE) -compliant robots ("robots").
You agree not to access the appsbar® Web Site by any means other than through the interface that is provided by us for use in accessing the appsbar® Web Site. You agree not to access or use the appsbar® Web Site in order to collect information about web site visitors or users of the appsbar® Web Site. We reserve the right to terminate or suspend your access to and use of the appsbar® Web Site, without notice, if we believe, at our sole discretion, that it is in violation of these Terms, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of your access to and use of the appsbar® Web Site for any reason, whether by you or by appsbar® , you agree to promptly destroy all materials downloaded or otherwise obtained from the appsbar® Web Site, as well as all copies of such materials, whether made under these Terms or otherwise. appsbar® 's licensing rights to any Application or other submissions shall survive any termination of these Terms.
WEB SECURITY RULES
Users are prohibited from directly or indirectly violating or attempting to violate the security of the appsbar® Web Site, including, without limitation,
- Accessing data not intended for the user or logging into a server or account which such user is not authorized to access,
- Attempt to gain unauthorized access to any portion or feature of appsbar® Web Site, or any other systems or networks connected to appsbar® Web Site or to any appsbar® server, or to any of the services offered on or through appsbar® Web Site, by hacking, password "mining" or any other illegitimate means,
- Attempting to probe, scan or test the vulnerability of appsbar® Web Site or any network connected to appsbar® Web Site, or breach the security or authentication measures on appsbar® Web Site or any network connected to appsbar® Web Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to appsbar® Web Site, or any other customer of appsbar® , including any appsbar® account not owned by you, to its source, or exploit appsbar® Web Site or any service or information made available or offered by or through appsbar® Web Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by appsbar® Web Site,
- Attempting to disable or circumvent any security mechanisms used by the Service,
- Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of appsbar® Web Site or appsbar® 's systems or networks, or any systems or networks connected to appsbar® Web Site or to appsbar® ,
- Attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, "flooding", "mail bombing" or "crashing",
- Sending or using the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting user names and passwords, performing unauthorized scans of machines or ports,
- Using the Service to create an Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to, appsbar® or any mobile communications carrier,
- Forging, or using the Service to create an Application that forges, any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Service,
- Using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the appsbar® Web Site or Service or any appsbar® Content or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the appsbar® Web Site or Service, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the appsbar® Web Site,
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the appsbar® Web Site other than the search engine and search agents available from appsbar® on the appsbar® Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer), or
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the appsbar® Web Site or any activity being conducted on the appsbar® Web Site.
Actual or attempted violations of the Service or network security may result in immediate termination of access to the appsbar® Web Site and/or civil or criminal liability. appsbar® reserves the right to investigate occurrences that may involve violations of the use of the Service and to contact and/or cooperate with law enforcement authorities in prosecuting users or any other person(s) who are involved in any actual or attempted violations of the use of the Service.
ADDITIONAL RESERVATION OF RIGHTS
appsbar® expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any User Account or Services (including the right to cancel or transfer any Application) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by appsbar® in offering or delivering any aspect of the Service, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of appsbar® , its officers, directors, employees and agents, as well as appsbar® 's affiliates. appsbar® expressly reserves the right to review every User Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those User Accounts that exceed allowed levels.
You acknowledge you have read, understand and agree to be bound by appsbar® 's Anti-Spam Policy referenced above. You agree appsbar® may immediately terminate any User Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay appsbar® liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your User Account.
LINKS TO THE appsbar® WEB SITE
You may provide a hypertext link to the appsbar® Web Site on another web site, provided that: (a) the link must be a text-only link, marked "appsbar® Web Site," (b) the link must "point" to the URL www.appsbar® .com and not to other pages, graphics or images within the appsbar® Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of appsbar® and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than appsbar® and its affiliates is associated with or sponsored by appsbar® or its affiliates, (e) the link, when activated by a user, must display the appsbar® Web Site on a full screen and not within a "frame" on the linking Web Site, and (f) you do not directly or indirectly cause any portion of appsbar® Web Site to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. appsbar® and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms or providing notice to the operator of a Web Site containing the link. You agree that all other hypertext links to the appsbar® Web Site must be expressly approved in advance, in writing, by appsbar® .
LINKS TO OTHER WEB SITES
PURCHASES, OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the appsbar® Web Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the appsbar® Web Site or for any service offered on or through the appsbar® Web Site, the latter terms shall control with respect to your use of that portion of the appsbar® Web Site or the specific service.
appsbar® 's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on appsbar® Web Site should be construed to alter such agreements.
appsbar® may make changes to any products or services offered on the appsbar® Web Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the appsbar® Web Site with respect to products and services may be out of date, and appsbar® makes no commitment to update the materials on the appsbar® Web Site with respect to such products and services.
ACCURACY OF MATERIAL
You understand and acknowledge that material and software published on the appsbar® Web Site, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that appsbar® is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the appsbar® Web Site may be changed or revised from time to time without notice.
You understand and agree that appsbar® is not responsible or liable in any way (directly or indirectly) for the User Content posted by or on behalf of any advertiser or any advertiser's business practices (or any of the material posted or downloaded by any of them onto the appsbar® Web Site). Nothing on the appsbar® Web Site shall be directly or indirectly deemed to be an endorsement, representation, or warranty regarding any advertiser, or other third party, whether in connection to its web site or otherwise. You understand and agree that you must evaluate and bear all risks associated with the use of any User Content or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the User Content or any advertisement.
You agree that you will hold harmless appsbar® , its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of appsbar® and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, the appsbar® Web Site or from the services rendered or made available by appsbar® in conjunction with your use of the appsbar® Web Site. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from the appsbar® Web Site or another site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your transmission or posting of any User Content to or via the appsbar® Web Site, your use of the content and tools on the appsbar® Web Site, your creation of any Application(s), your use of the appsbar® Web Site, your connection to the appsbar® Web Site, your violation of these Terms, or your violation of any rights of any other third party. In no event will appsbar® , its affiliates or the contributors of content to the appsbar® Web Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
appsbar® shall have the right, but not the obligation, to pre-screen, monitor, review, flag, filter, modify, refuse or remove User Content, Application, or other material residing on or transmitted using the Service in order to:
- Comply with any applicable law, regulation, rule, or other government requests in its sole determination,
- Enforce these Terms or other applicable restrictions or limitations posted on the appsbar® Web Site,
- Operate the appsbar® Web Site or protect appsbar® and any users, in appsbar® 's sole determination, and/or
- For any other purposes as appsbar® may deem reasonably necessary or appropriate in its sole determination.
Without limiting the foregoing, appsbar® reserves the right to directly take down any Application, User Content or other material that violates these Terms, any other posted restrictions or limitations, or applicable law or regulation. appsbar® further reserves the right to disclose any user information (including identity), content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Web Site or to protect appsbar® 's rights or property, or the rights of the other Web Site users, or our partners, affiliates, sponsors, providers, licensors, or merchants. In the event that appsbar® is advised of the existence of defamatory, infringing or illegal content, appsbar® may investigate such claims and determine in our sole discretion whether to remove such content from the appsbar® Web Site.
appsbar® does not guarantee that any personal information posted or transmitted will be prevented from being viewed or used by any particular person.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. appsbar® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
appsbar® MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE appsbar® WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM appsbar® OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST appsbar® AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE SERVICE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE appsbar® WEB SITE OR FOR ANY OTHER REASON.
appsbar® ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS AND INFORMATION POSTED ON THE appsbar® WEB SITE BY OTHERS. YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE SERVICE.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT appsbar® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF appsbar® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
EXCLUSIONS FROM LIABILITY LIMITATIONS
SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF LIABILITY AND/OR DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU. FURTHER, IF ANY DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN appsbar® 'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF THAT PERSON'S COST FOR USING THE SERVICE OR U.S. $100.00.
COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT
You understand and agree that appsbar® shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials or authorities relating to your use of the Service or material provided by you using the Service. You acknowledge and agree that appsbar® may preserve the User Content and/or Applications and may also disclose the User Content and/or Applications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content and/or Applications violates the rights of third parties; or (d) protect the rights, property or personal safety of appsbar® , its users or any person.
By virtue of the Terms, the parties may have access to information that is confidential to one another ("Confidential Information"). "Confidential Information" means any information, data or other materials provided by one party to the other under or in connection with the Service (other than information intended or permitted to be disclosed to third parties as set forth herein) that is (a) clearly and conspicuously marked as "confidential" or with a similar designation; (b) is identified by the disclosing party ("Discloser") as confidential and/or proprietary before, during, or promptly after presentation or communication; or (c) is disclosed in a manner which the Discloser reasonably communicated, or the receiving party ("Recipient") should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation "confidential" or any similar designation is used.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) the Recipient can adequately demonstrate was independently developed by the Recipient without use of or reference to the Discloser's Confidential Information. You shall not disclose the results of benchmark tests or other evaluations of any tools made available via the Service to any third party unless appsbar® grants you prior written consent to such disclosure.
The parties agree, both during the term of the Terms and for a period of three (3) years after termination of the Terms, to hold each other's Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of the Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of the Terms.
These Terms incorporate by reference any notices contained on this Web Site and constitute the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding your access to, or your use of, the Service or the User Content or appsbar® Content on the appsbar® Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
MODIFICATIONS OF THE TERMS
appsbar® shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms on the appsbar® Web Site are the current applicable provisions that govern your use of the Service. By using the Service, you have agreed to and accepted all of the Terms without modification or reservation.
appsbar® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
A waiver of any obligation or right under these Terms shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under these Terms. Moreover, any failure by appsbar® to insist on or enforce strict performance of these Terms shall not be construed as a waiver by appsbar® of any provision or any right it has to enforce these Terms, nor shall any course of conduct between appsbar® and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
The appsbar® Web Site is created and controlled by appsbar® in the State of Florida, U.S.A. As such, you agree that the substantive laws of the State of Florida will govern the interpretation and enforcement of these Terms, or any disputes that arise hereunder or relate in any way to any part of the Service, the appsbar® Web Site, any appsbar® Content, any User Content, any Application, or otherwise to these Terms, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.
You consent to the mandatory and exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the county of Broward, State of Florida, U.S.A.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms shall be deemed to confer any third-party rights or benefits other than as provided in the section captioned "INDEMNIFICATION" above.
NO THIRD-PARTY BENEFICIARIES
You acknowledge that monetary damages may not be a sufficient remedy for the breach of these Terms and that appsbar® shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of these Terms by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed.
PROHIBITION ON USE
The use of the appsbar® Web Site is unauthorized in any jurisdiction that does not give effect to all of the Terms. appsbar® makes no claims or representations that the appsbar® Web Site may be lawfully viewed or downloaded outside of the United States of America. Not all features, products or services discussed, referenced, provided or offered through or on the appsbar® Web Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. appsbar® reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the appsbar® Web Site is void where prohibited. If you choose to access the appsbar® Web Site from outside the United States, you do so on your own risk and you are solely responsible for compliance with the laws, regulations, rules and any other requirements (in whatever form) of your jurisdiction.
The Service, including the appsbar® Web Site, is subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control ("OFAC"), State Department, and other United States authorities (collectively "U.S. Export Laws"). Users shall not export or re-export, or allow the export or re-export of, any aspect of the Service in violation of any U.S. Export Laws. No part of the Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using the Service, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including "anti-boycott", "deemed export" and "deemed re-export" regulations). If you access the Service from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Service. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Service.
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. Any failure by appsbar® to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of these Terms, which are intended to remain in full force and effect. appsbar® makes no representation that materials on the appsbar® Web Site are appropriate or available for use in other locations or jurisdictions, and accessing the appsbar® Web Site from jurisdictions where the contents of the appsbar® Web Site are illegal is prohibited. Those who choose to access the appsbar® Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
SUCCESSORS AND ASSIGNS
You agree that your heirs, successors and assigns shall be bound by these Terms.
SUCCESSORS AND ASSIGNS
You agree that your heirs, successors and assigns shall be bound by these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE:
The appsbar® Web Site operated by Media Direct, Inc. d/b/a appsbar® ("appsbar® ") permits the submission of content by users for the development of mobile applications, including without limitation, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material, submitted by you and other users ("User Materials") and the hosting, sharing, and/or publishing of such User Materials. You agree to be solely responsible for your User Materials and for any consequences associated with posting or publishing them.
In connection with User Materials, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize appsbar® to include your User Materials as contemplated by appsbar® and these Terms. appsbar® does not permit copyright infringing activities on appsbar® Web Site. appsbar® abides by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove any User Materials if properly notified that such User Materials infringe on another's intellectual property rights. In addition, appsbar® reserves the right to remove User Materials without prior notice. appsbar® will also terminate a user's access to appsbar® Web Site, if he or she is determined to be a "Repeat Infringer." A Repeat Infringer is a user who has been notified of infringing activity more than twice and/or has had User Materials removed from appsbar® Web Site more than twice. In particular, if you are a copyright owner or an agent thereof and believe that any User Materials or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
appsbar® 's designated Copyright Agent to receive notifications of claimed infringement is:® .com">customerservice@appsbar® .com, 260 S.W. Natura Ave., Second Floor, Deerfield Beach, FL 33441, email:® .com">customerservice@appsbar® .com, telephone: (954) 959-9500. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to appsbar® customer service at ® .com">customerservice@appsbar® .com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Materials that were removed (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Materials, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Materials that have been removed or to which access has been disabled and the location at which the User Materials appeared before they were removed or disabled;
- A statement that you have a good faith belief that the User Materials were removed or disabled as a result of mistake or a misidentification of the User Materials; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Broward County, Florida, U.S.A., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, appsbar® may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Materials or cease disabling them in 10 business days. Unless the copyright owner files an action seeking a court order against the User Materials provider, member or user, the removed User Materials may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at appsbar® 's sole discretion.
FEEDBACK AND INFORMATION: Any feedback you provide at the appsbar® Web Site shall be deemed to be non-confidential. appsbar® shall be free to use such information on an unrestricted basis.
The information contained in the appsbar® Web Site is subject to change without notice.
COPYRIGHT NOTICE: Copyright© 2012 appsbar® , Inc. All rights reserved. Any rights not expressly granted herein are reserved.