AppStori provides a place for mobile app developers and enthusiasts to post, find, and support exciting projects. All visitors to AppStori.com, whether registered or not, are "Users". If you register with AppStori you become a "Member" and gain access to certain features, including the ability to post certain information about your (or your team’s) app project (a "Project" and "Project Posting") on the Service and interact with other Members about your Project. If you choose to support a Project, you will be able to contribute monies to the development of that Project.
AppStori grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AppStori immediately of any breach of security or unauthorized use of your account of which you become aware. Although AppStori will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of AppStori or others due to such unauthorized use.
You may use your Settings to control your Member Profile and how other Members communicate with you. By providing AppStori your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the AppStori servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
AppStori may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in AppStori's sole determination, you violate any of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose (in our sole judgment) an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; (vi) bypassing the measures we may use to prevent or restrict access to the Service; or (vii) engaging in any other activity prohibited in this Agreement. During any suspension or upon termination for any reason, you continue to be bound by this Agreement.
You may not use the Service for activities that: violate any law, statute, ordinance or regulation; relate to sales or distribution of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) weapons or knives regulated under applicable law; relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following money service business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services; involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from AppStori and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
AppStori is designed for the sole purpose of supporting the development of mobile apps. Any use beyond this is strictly prohibited.
AppStori may provide you the opportunity to fundraise for your Project by soliciting financial contributions to support the Project from Members ("Contributions"). The rules governing fundraising for your Project (the "Fundraising Rules") are as follows:
You shall have full responsibility for applicable taxes for all Project funding paid to you under this Agreement, and for compliance with all applicable laws, including but not limited to labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold AppStori harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on AppStori by the relevant taxing authorities with respect to any Project Funding paid to you.
AppStori makes no guarantee regarding the number or amount of Contributions, or the amount of any Project funding payment to be made to the Content Creator under this Agreement.
It is solely your choice to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Content Creator shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits AppStori's right to enter into agreements or business relationships relating to Projects. AppStori does not guarantee that any Project's Campaign Goal will be met. Any benefits offered to you are between you and the Content Creator only, and AppStori does not guarantee that perks will be delivered or satisfactory to you. AppStori does not warrant the use of any Project funding or the outcome of any Project.
Contributions to Projects are nonrefundable. Under certain circumstances AppStori may, but is under no obligation to, seek the refund of Project funding if the Content Creator misrepresents the Project or misuses the funds. You acknowledge and agree that all your Contributions are between you, the applicable Content Creator, and the Processor only, and that AppStori is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.
AppStori makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.
Some areas of the Service may allow Users to post feedback, comments, questions, and other information. Any such postings, together with Project Postings, constitute "User Content." You are solely responsible for your User Content that you upload, download, publish, transmit, display, send, stream, link to or otherwise make available or access (hereinafter, "Post") on or through the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You must be the owner of all the Intellectual Property Rights (as defined below) in the User Content you Post, or have explicit permission from the owner(s) of all such rights to Post the User Content on AppStori.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree not to Post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You represent that any User Content that you Post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. AppStori reserves the right, but is not obligated, to reject and/or remove any User Content that AppStori believes, in its sole discretion, violates any of these provisions. You understand that Posting your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
AppStori takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties Post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you Post through your use of the Service, is solely your responsibility. AppStori is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that AppStori shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other AppStori Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
By Posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to AppStori a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service (including advertising and promoting the Service).
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. AppStori reserves all rights not expressly granted herein in the Service and the AppStori Content (as defined below). AppStori may terminate this license at any time for any reason or no reason.
All User Content Posted to a Project ("Project Feedback") shall be the sole and exclusive property of the Content Creator that Posted that Project. You hereby assign to the Content Creator, or its designee, all your right, title and interest throughout the world in and to any and all Project Feedback you Post to that Content Creator's Project. You hereby waive irrevocably any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Project Feedback you Post to that Content Creator's Project. If you Post a Project, you acknowledge and agree that AppStori cannot and does not take responsibility for your use of Project Feedback and you use Project Feedback at your own risk. You hereby agree to indemnify, defend and hold AppStori harmless from any liability arising from or relating to your Posting of and/or use of any Project Feedback.
Except for your User Content and the Project Feedback Posted to your Project, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and other User Content (the "AppStori Content"), and all Intellectual Property Rights related thereto, are the exclusive property of AppStori and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except your User Content and your Project Feedback. Use of the AppStori Content or other materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. AppStori may terminate your account, delete any content or information that you have Posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify AppStori's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent
Name: Arie Abecassis
Attn: DMCA Notice
50 Winslow Road
White Plains, NY 10606
If a Notification has been filed with us against you, AppStori. will advise you of that fact.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide AppStori's copyright agent with the following information in writing pursuant to the DMCA (the "Counter Notification"):
You acknowledge that if you fail to comply with all of the aforementioned notice requirements in writing, your notice may not be valid and that AppStori, Inc. may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
You may want to seek independent legal counsel before filing a Notification or Counter-Notification.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying AppStori and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with AppStori's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, AppStori has adopted a policy of terminating, in appropriate circumstances and at AppStori's sole discretion, Members who are deemed to be repeat infringers. AppStori may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
You shall be solely responsible for your own User Content and the consequences of Posting it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
You agree to defend, indemnify and hold harmless AppStori and its affiliates and licensors , and its and their managers, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, APPSTORI, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
APPSTORI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PROJECT POSTED ON THE SERVICE OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPSTORI SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APPSTORI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPSTORI OR ITS AFFILIATES OR LICENSORS, OR ITS OR THEIR MANAGERS, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL APPSTORI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPSTORI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED (AS DEFINED IN THIS AGREEMENT) OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL APPSTORI, ITS AFFILIATES OR LICENSORS OR ITS OR THEIR MANAGERS, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO APPSTORI HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APPSTORI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS ON WARRANTIES OR LIABILITIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. AppStori makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AppStori without restriction.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over AppStori, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and AppStori that arises in whole or in part from the Service shall be decided exclusively by the state or federal courts serving New York, New York, and you hereby consent to the personal jurisdiction and venue of such courts. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY SUCH ACTION.
B. Notification Procedures. AppStori may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by AppStori in our sole discretion. AppStori reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification by following the instructions as provided in the correspondence and/or updating your profile.
C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by AppStori via the Service, shall constitute the entire agreement between you and AppStori concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AppStori's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at terms@AppStori.com with any questions regarding this Agreement.
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All Rights Reserved