“APPr” Terms and Conditions
The Site provides you with information, various tools, features and functionality, and enables you to create, maintain and administer a range of applications such as mobile applications, as well as other solutions, products, services, Content and forums to interact with other users via specific programs and blogs, which all can be used and/or displayed via the internet, mobile phones, tablets and/or any other current or future platform or media (the “Services”). “Content” means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components.
2. Access and Use of the Site and Services
We hereby grant you permission to use the Site, provided that you: (i) comply in full with these Terms; (ii) will not copy, distribute or modify any part of the Site without our prior written authorization; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to the Site.
You agree not to: (i) access or use the Site, Services and/or Content in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Site, Services and/or Content, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any of our accounts, computer systems or networks.
Access to and use of password-protected or secure areas of the Site is restricted to authorized users only.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers” and “offline readers” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or store any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below) or otherwise.
3. Your Account
In order to access some features of the Site, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You agree not to share your account, password or other account information. You may not use another user’s account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
You agree to notify us immediately of any unauthorized use of your account, password or other account information. APPr reserves the right to force forfeiture of any user account and username for any reason.
4. Proprietary Rights of APPr
APPr retains all right, title and interest in and to the Site, Services and Content, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “APPr IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the APPr IP shall inure to the benefit of APPr, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the APPr IP or the validity of our rights in and to the APPr IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to the APPr IP. All rights in the APPr IP which are not expressly granted herein are reserved by APPr. You hereby agree to assign and do assign to APPr any modifications or derivative works of any Services and/or Content made by you in contravention of the foregoing limitation.
The APPr name and logo are trademarks of APPr, and may not be copied, imitated or used, in whole or in part, without the prior written permission of APPr. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of APPr, and may not be copied, imitated or used, in whole or in part, without prior written permission from APPr.
You agree not to remove, obscure, or alter any notices of Intellectual Property Rights or disclaimers appearing in or on the Site Services and/or Content.
All rights to use any of our copyrights, trademarks, service marks, trade names, trade dress, logos, slogans, copyrighted designs or other brand features (collectively “Brand Features”) are wholly owned by APPr. Any use of the Brand Features, and any goodwill therefrom, shall inure to APPr’s benefit, and shall be subject to APPr. If you are seeking permission to use any of our Brand Features please contact our legal department at email@example.com.
To the extent that we solicit User Submissions (defined below) through features or activities on or through the Site (including games, sweepstakes, contests, promotions and blogs that require the use of our APPr IP (in whole or in part), we hereby grant you a non-exclusive license as required solely for the purpose of creating your User Submissions; and subject to the terms below with respect to User Submissions.
5. User Submissions
Some sections of the Site (such as message boards, blogs, forums, sweepstakes or comments) may provide you and other visitors of the Site with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to us or others (collectively, “Submission”).
Your Rights in your User Submissions. You represent and warrant that: (a) you have the right and authority to grant the User Submission License to us; (b) our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third party rights; and (c) all so-called “moral rights” in the User Submission have been waived to the full extent allowed by law. Further, you represent and warrant to APPr that your User Submission is original work made or created by you or that you have all right, title, and/or authority to grant the User Submission License to APPr. In addition, you represent and warrant that your User Submission does not infringe or violate any rights of any third party or entity, including, without limitation, any Intellectual Property Rights, defamation, privacy, publicity or any other similar right. If your User Submission includes images, photos or video of individuals other than you, then before you post such User Submission on the Site, you must have the express consent of everyone who appears in the User Submission in order to submit the User Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child’s parent or legal guardian.
Your Liability for your User Submissions. You are solely responsible for your User Submission and any consequences of posting or publishing it on the Site whether as part of a message board, forum, blog, application you create or otherwise. These sections of the Site are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any User Submission posted or published in any such section of the Site. Please carefully consider the User Submission you choose to post on any section of the Site. You should not include any personal information of yours or other third party such as full name, telephone number, photo or street address, as part of your User Submission. WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION YOU DISCLOSE THROUGH THE SITE. YOU MAKE SUCH DISCLOSURES AT YOUR OWN RISK.
Further, you are solely responsible for any interaction with other users or visitors of the Site and/or Services. We reserve the right, but shall have no obligation, to monitor disputes between you and any other user or visitor of the Site.
Advertising and User Submissions. Some Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that APPr may place such advertising and promotions on the Service or on, about, or in conjunction with your Submission. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not: (i) be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) create a risk to a person’s safety or health, to public safety or health, compromise national security, or interfere with an investigation by any law enforcement; (iii) promote illegal drugs, violate export control laws, or relate to gambling or arms trafficking; (iv) be unlawful, defamatory, abusive, libelous, threatening, harmful, vulgar, obscene, profane, pornographic, harassing, hateful, inaccurate, racially or ethnically offensive, or otherwise objectionable material or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable local, state, national or international law or regulation; (v) infringe or violate any right of a third party including: (a) any Intellectual Property Right, right for privacy or other proprietary or contractual rights; or (b) any confidentiality obligation; (vi) contain any virus or other harmful component, or otherwise tamper with, impair or damage the Site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Site; or (vii) include any “flaming”, “spamming”, “flooding” and/or “trolling” mechanism, as those terms are commonly understood and used on the Internet.
Monitoring or Removal of User Submissions. You grant the User Submission License to APPr whether or not your User Submission (or any part thereof) is actually posted on the Site or used by APPr. You acknowledge and agree that APPr may, at its sole discretion, elect to post or not post your User Submission on any Site, or to remove your User Submission from any Site after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between APPr and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission.
Indemnification respecting your User Submissions. You understand that when using the Site, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent permitted by law regarding all matters related to your User Submissions.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO ANY MESSAGE BOARD, BLOG, FORUM, SWEEPSTAKES, APPLICATION YOU CREATE OR ANY OTHER AREA ON THE SITE, YOU HEREBY EXPRESSLY PERMIT APPR TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.
6. BILLING PAYMENT AND OTHER SUBSCRIPTIONS
ALL CHARGES INCURRED ON APPR, AND ALL PURCHASES MADE WITH THE APPR APP MAKING SYTEM, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
A. Payment Authorization
When you provide payment information to APPr or to one of its payment processors, you represent to APPR that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize APPr to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription or other fees incurred by you. APPr may require you to provide your address or other information in order to meet APPr's obligations under applicable tax law.
For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use ("Recurring Payment Subscriptions"), by continuing to use the Recurring Payment Subscription you agree and reaffirm that APPr is authorized to charge your credit card to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify APPr promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify APPr promptly if your credit card account expires or is canceled for any reason.
If your use of APPr is subject to any type of use or sales tax, then APPr may also charge you for those taxes, in addition to the Subscription or other purchases.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, APPr reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before APPr will allow you to register again.
7. Requests to Remove Content
Any requests to remove copyright-infringing content from the Site, or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy www.appr.com/legal.htm
9. Links to Third Party Websites
The Site, Services and/or Content may contain links to independent third party websites and to information provided on such independent third party websites. These independent third party websites are provided solely as a convenience to you and other visitors of the Site, and are not under our control whatsoever. APPr is not responsible for and does not endorse the content of such independent third party websites, including any content, information or services contained on such independent third party websites, nor is it responsible for any changes or updates to such independent third party websites. You will need to make your own independent judgment regarding your interaction with and use of these independent third party websites, which will be at your risk. You agree that APPr shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, information or services available on or through any such independent third party websites.
10. Non-solicited Material and Ideas
It is APPr's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, APPr does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that APPr is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
11. Changes and Notices
Further, we reserve the right, at our sole discretion, to modify, change or discontinue any part or all of the Site and/or the Services and/or their scope or availability, at any time, without notice to you. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
12. Site and Services’ Availability
The availability and functionality of the Site and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. APPR DOES NOT WARRANT THAT THE SITE AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS. OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
13. Change or Termination of Operation
At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Site, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Site, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Site, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
14. Disclaimer of Warranty
THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPR DOES NOT GUARANTEE THAT THE SITE, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APPR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY. APPR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, CONTENT AND ANY SITE LINKED THERETO. YOUR SOLE REMEDY AGAINST APPR FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR CONTENT IS TO STOP USING THE SITE, SERVICES, OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
15. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL APPR BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF APPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITE AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF APPR OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITE OR SERVICES; (VI) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE; OR (VII) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE SITE AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Export Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject APPr to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that APPr provides.
Software related to or made available by APPr may be subject to United States export controls. Thus, no software from APPr may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) 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. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
18. Deactivating Your Account
You can deactivate your APPr account by logging into the Service and completing the form available www.appr.com/Account/Manage. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Submission has been reshared by others).
19. Termination of Your Account
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Site or Services through use of a different user name or otherwise.
You may opt out of this agreement to arbitrate. If you do so, neither you nor APPr can require the other to participate in an arbitration proceeding. To opt out, you must notify APPr in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
123App4me, LLC ATTN: Arbitration Opt-out
1400 Preston Road, Suite 280
Plano, TX 75093
You must include your name and residence address, the email address you use for your APPr account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with APPr.
21. Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with APPr must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
22. Governing Law and Jurisdiction
24. Surviving Terms
25. Entire Agreement
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Site, Service or any Content, at:
1400 Preson Rd, Suite 280
Plano, TX 75093