Terms of Service
IF YOU RESIDE IN THE UNITED
STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN
ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH APPMAKR
LLC ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY
THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF
SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND
OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: February 10, 2017
AppMakr LLC provides an online platform that enables companies,
community groups and individuals to publish mobile apps for their stakeholders (collectively,
the ÒServicesÒ), which Services are accessible at www.AppMakr.com and any other websites
through which AppMakr LLC makes the Services available (collectively, the ÒSiteÒ)
and as applications for mobile, tablet and other smart devices and application
program interfaces (collectively, the ÒApplicationÒ).
If you are using the Site, Application or Services and you
reside in the USA, these Terms of Service are between you and AppMakr LLC, Inc.
If you reside outside of the USA and the PeopleÕs Republic of China (which for
purposes of these Terms of Service does not include Hong Kong, Macau and
Taiwan) (hereinafter ÒChinaÓ), these Terms of Service are between you
and AppMakr Pte Ltd in Singapore (hereinafter referred to as AppMakr Pte Ltd in
Singapore). If you reside in China, these Terms of Service are between you and AppMakr
LLC Internet (Beijing) Co., Ltd. (ÒAppMakr LLC ChinaÓ) except where you
book Mobile Application or when you create a Mobile Application outside of
China, in which case these Terms of Service are between you and AppMakr Pte Ltd
in Singapore for that transaction. If you initially reside in the USA and
contract with AppMakr LLC, Inc., but subsequently change your residence to
outside of the USA, you will contract with AppMakr LLC China if you change your
residence to China and with AppMakr Pte Ltd in Singapore otherwise, from the
date on which your place of residence changes, and so on and so forth. (AppMakr
LLC, Inc., AppMakr Pte Ltd in Singapore and AppMakr in China are each
hereinafter referred to as ÒAppMakr LLCÒ, ÒweÒ, ÒusÒ, or ÒourÒ).
Payment Services provided by AppMakr LLC Payments are subject to the Payments Terms of Service (ÒPayments TermsÒ).
ÒAppMakr LLC
ContentÓ means all Content that AppMakr LLC makes available through the
Site, Application, Services, or its related promotional campaigns and official
social media channels, including any Content licensed from a third party, but
excluding Publisher Content.
ÒCollective
ContentÓ means Publisher Content and AppMakr LLC Content.
ÒCommunicationÓ means an email, message via the
Application, text message or message to a Social Media or Messaging account.
ÒContentÓ means text, graphics, images, music, software
(excluding the Application), audio, video, information or other materials.
ÒPublisherÓ means a person who completes AppMakr LLCÕs
account registration process and creates a mobile application via the AppMakr
LLC publishing platform, including but not limited to Companies, Government
bodies, Community Groups and Individuals, as described under ÒAccount
RegistrationÓ below.
ÒPublisher ContentÓ means all Content that a Publisher
posts, uploads, publishes, submits, transmits, or includes in their mobile
application, Publisher profile or AppMakr LLC promotional campaign to be made
available through the Site, Application or Services.
ÒStakeholderÓ means all users of a Mobile Application created and
published via the AppMakr LLC platform. These may include, but are not limited
to a Publishers: customers, employees, business partners, students, family or
friends.
ÒTaxÓ or ÒTaxesÓ mean any sales taxes, value added
taxes (VAT), goods and services taxes (GST), or fees that publishers may be
required by law to collect and remit to governmental agencies, and other
similar municipal, state, federal and national indirect or other withholding
and personal or corporate income taxes.
ÒAffiliatesÓ means companies related by common ownership or control.
They can be financial and non-financial companies.
ÒAggregated InformationÓ means information about all of
our users or specific groups or categories of users that we combine together so
that it no longer identifies or references an individual user.
ÒData ControllerÓ means AppMakr LLC, the company responsible
for the use and processing of Personal Information.
ÒThird PartiesÓ means companies or persons not related by
common ownership or control (i.e. non-affiliates) or other unrelated
individuals. Third Parties can be financial and non-financial companies, or
persons other than you and AppMakr LLC.
ÒPersonal InformationÓ means information (which may include sensitive
information) relating to a living individual who is or can be identified either
from that information or from that information in conjunction with other
information that is in, or is likely to come into, the possession of the Data
Controller.
By using the Site, Application or Services, you agree to comply
with and be legally bound by the terms and conditions of these Terms of Service
(ÒTermsÒ), whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Site, Application and Services
and all Collective Content (defined below), and your participation in the
Referral Program (defined below), and constitute a binding legal agreement
between you and AppMakr LLC. Please also read carefully our Privacy Policy
at http://www.appmakr.com/privacy_policy.
In addition, certain areas of the Site and Application (and your
access to or use of certain aspects of the Services or Collective Content) may
have different terms and conditions, standards, guidelines, or policies posted
or may require you to agree with and accept additional terms and conditions. If
there is a conflict between these Terms and terms and conditions posted for a
specific area of the Site, Application, Services, or Collective Content, the
latter terms and conditions will take precedence with respect to your use of or
access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain
information from or otherwise continue using the Site, Application or Services.
Failure to use the Site, Application or Services in accordance with these Terms
may subject you to civil and criminal penalties.
IF YOU CHOOSE TO CREATE A MOBILE APPLICATION ON APPMAKR LLC, YOU
UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH APPMAKR LLC IS LIMITED TO
BEING A PUBLISHER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN
EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF APPMAKR LLC FOR ANY REASON, AND
YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON
BEHALF OF OR FOR THE BENEFIT OF APPMAKR LLC. APPMAKR LLC DOES NOT CONTROL, AND
HAS NO RIGHT TO CONTROL, YOUR MOBILE APPLICATION, YOUR OFFLINE ACTIVITIES
ASSOCIATED WITH YOUR MOBILE APPLICATION, OR ANY OTHER MATTERS RELATED TO ANY MOBILE
APPLICATION, THAT YOU PROVIDE. AS A PUBLISHER YOU AGREE NOT TO DO ANYTHING TO
CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING
ON BEHALF OF OR FOR THE BENEFIT OF APPMAKR LLC, INCLUDING BY INAPPROPRIATELY
USING ANY APPMAKR LLC INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE,
APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE
SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU
HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND
RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND
APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO
ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you
accept or agree to these Terms on behalf of a company or other legal entity,
you represent and warrant that you have the authority to bind that company or
other legal entity to these Terms and, in such event, ÒyouÓ and ÒyourÓ will
refer and apply to that company or other legal entity.
AppMakr LLC reserves the right, at its sole discretion, to
modify the Site, Application or Services or to modify these Terms, including
the Service Fees, at any time and without prior notice. If we modify these
Terms, we will post the modification on the Site or via the Application and/or
provide you notice of the modification by email. We will also update the ÒLast
UpdatedÓ date at the top of these Terms. Changes to the Terms will be effective
at the time of posting. Your continued access or use of the Site, Application
or Services will constitute acceptance of the modified Terms. Additionally, if
the modified Terms contain material changes applicable to existing Publishers
(by decreasing your rights or increasing your responsibilities), we will
provide you with notice prior to the changes taking effect. If the modified
Terms are not acceptable to you, your only recourse is to cease using the Site,
Application and Services. If you do not close your AppMakr LLC Account you will
be deemed to have accepted the changes.
The Site, Application and Services are intended solely for
persons who are 18 or older. Any access to or use of the Site, Application or
Services by anyone under 18 is expressly prohibited. By accessing or using the
Site, Application or Services you represent and warrant that you are 18 or
older.
For users in the United States, AppMakr LLC will, to the extent
permitted by applicable laws and if we have sufficient information to identify
a user, obtain reports from public records of criminal convictions or sex
offender registrations of the user. For users outside the United States, we
may, to the extent permitted by applicable laws and if we have sufficient
information to identify a user, obtain the local version of background or
registered sex offender checks in our sole discretion. You agree and authorize
us to use your personal information, such as your full name and date of birth,
to obtain such reports, including from AppMakr LLCÕs vendors.
The Site, Application and Services can be used to facilitate the
creations and publishing of a mobile application. Such mobile applications are
included in Mobile Applications on the Site, Application and Services by search
engine providers. You may view mobile applications as an unregistered visitor
to the Site, Application and Services; however, if you wish to create a new mobile
application, or edit an existing mobile application, you must first register to
create an AppMakr LLC Account (defined below).
As stated above, AppMakr LLC makes available an online platform
or marketplace with related technology for companies, government agencies,
community groups, individuals and their stakeholders to meet online and share
content directly with each other. AppMakr LLC is not an owner or operator of the
mobile applications. Unless explicitly specified otherwise in the AppMakr LLC
platform, AppMakr LLCÕs responsibilities are limited to facilitating the
availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND
SERVICES ARE INTENDED TO BE USED TO FACILITATE PUBLISHERS AND THEIR
STAKEHOLDERS CONNECTING AND SHARING CONTENT DIRECTLY WITH EACH OTHER. APPMAKR
LLC CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY MOBILE APPLICATION
AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CONTENT. APPMAKR LLC IS NOT
RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MOBILE
APPLICATIONS AND ANY CONTENT CONTAINED THEREIN.
In order to access certain features of the Site and Application,
and to create or edit a mobile application, you must register to create an
account (ÒAppMakr LLC AccountÒ) and become a Publisher. You may register
to join the Services directly via the Site or Application or as described in
this section.
You can also register to join by logging into your account with
certain third-party social networking sites (ÒSNSÒ) (including, but not
limited to, Facebook, Twitter, Google and Yahoo; each such account, a ÒThird-Party
AccountÒ), via our Site or Application, as described below. As part of the
functionality of the Site, Application and Services, you may link your AppMakr
LLC Account with Third-Party Accounts, by either: (i)
providing your Third-Party Account login information to AppMakr LLC through the
Site, Services or Application; or (ii) allowing AppMakr LLC to access your
Third-Party Account, as permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You represent that you are
entitled to disclose your Third-Party Account login information to AppMakr LLC
and/or grant AppMakr LLC access to your Third-Party Account (including, but not
limited to, for use for the purposes described herein), without breach by you
of any of the terms and conditions that govern your use of the applicable
Third-Party Account and without obligating AppMakr LLC to pay any fees or
making AppMakr LLC subject to any usage limitations imposed by such third-party
service providers. By granting AppMakr LLC access to any Third-Party Accounts,
you understand that AppMakr LLC will access, make available and store (if
applicable) any Content that you have provided to and stored in your
Third-Party Account (ÒSNS ContentÒ) so that it is available on and
through the Site, Services and Application via your AppMakr LLC Account and AppMakr
LLC Account profile page. Unless otherwise specified in these Terms, all SNS
Content, if any, will be considered to be Publisher Content for all purposes of
these Terms. Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts will be
available on and through your AppMakr LLC Account on the Site, Services and
Application. Please note that if a Third-Party Account or associated service
becomes unavailable or AppMakr LLCÕs access to such Third-Party Account is
terminated by the third-party service provider, then SNS Content will no longer
be available on and through the Site, Services and Application. You have the
ability to disable the connection between your AppMakr LLC Account and your
Third-Party Accounts, at any time, by accessing the ÒSettingsÓ section of the
Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. AppMakr LLC makes
no effort to review any SNS Content for any purpose, including but not limited
to for accuracy, legality or non-infringement and AppMakr LLC is not
responsible for any SNS Content.
Your AppMakr LLC Account and your AppMakr LLC Account profile
page will be created for your use of the Site and Application based upon the
personal information you provide to us or that we obtain via an SNS as
described above. You may not have more than one (1) active AppMakr LLC Account.
You agree to provide accurate, current and complete information during the
registration process and to update such information to keep it accurate,
current and complete. AppMakr LLC reserves the right to suspend or terminate
your AppMakr LLC Account and your access to the Site, Application and Services
if you create more than one (1) AppMakr LLC Account, or if any information
provided during the registration process or thereafter proves to be inaccurate,
fraudulent, not current, incomplete, or otherwise in violation of these Terms
of Service.
You are responsible for safeguarding your password. You agree
that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on AppMakr LLC,
you are not permitted to share your AppMakr LLC Account with anyone or allow
others to access or use your AppMakr LLC Account. AppMakr LLC may enable
features, in our discretion, that allow other Publishers to take certain
actions associated with your AppMakr LLC Account, on your behalf with your
express authorization, such as having your executive assistant, or employer
publish on your behalf or adding a family member to your account as an
additional Publisher. You agree that you will take sole responsibility for any
activities or actions under your AppMakr LLC Account, whether or not you have
authorized such activities or actions. You will immediately notify AppMakr LLC
of any unauthorized use of your AppMakr LLC Account.
AppMakr LLC does not endorse any Publisher or Mobile Application.
Publishers are required by these Terms to provide accurate
information. Although AppMakr LLC may, for transparency or fraud prevention or
detection purposes, directly or through third parties, ask you to provide a
form of government identification, your date of birth, and other information,
or undertake additional checks and processes designed to help verify or check
the identities or backgrounds of Publishers and/or screen Publisher information
against third party databases or other sources, we do not make any representations
about, confirm, or endorse any Publisher or the PublisherÕs purported identity
or background.
By registering for an AppMakr LLC Account, you agree that AppMakr
LLC may - but is not obligated to - request a consumer report on you from a
Consumer Reporting Agency. If we do request a consumer report, weÕll request
and use it in compliance with applicable law, including the Fair Credit
Reporting Act.
Any references in the Site, Application or Services to a Publisher
being ÒverifiedÓ or ÒconnectedÓ (or similar language) only indicate that the Publisher
has completed a relevant verification or identification process, and does not
represent anything else. Any such description is not an endorsement,
certification or guarantee by AppMakr LLC about any Publisher, including of the
PublisherÕs identity and whether the Publisher is trustworthy, safe or
suitable. Instead, any such description is intended to be useful information
for you to evaluate when you make your own decisions about the identity and
suitability of others whom you contact or interact with via the Site,
Application and Services. We therefore recommend that you always exercise due
diligence and care when deciding whether to download, install or use a mobile
application on your mobile device, tablet or computer. AppMakr LLC are not
responsible for any damage or harm resulting from your interactions with other Publishers.
By using the Site, Application or Services, you agree that any
legal remedy or liability that you seek to obtain for actions or omissions of
other Publishers or other third parties will be limited to a claim against the
particular Publishers or other third parties who caused you harm. You agree not
to attempt to impose liability on or seek any legal remedy from AppMakr LLC
with respect to such actions or omissions. Accordingly, we encourage you to
communicate directly with other Publishers on the Site and Services regarding
any content contained within associated Mobile Applications.
Tax regulations may require us to collect appropriate tax
information from our Publishers, or to withhold taxes from payouts to Publishers,
or both. For instance, IRS regulations stipulate that we must collect an IRS
Form W–9 from certain US Publishers, and an appropriate IRS Form
W–8 (e.g. Form W–8BEN) from non-US Publishers with at least one Mobile
Application in the US. You as a Publisher are solely responsible for keeping
the information in your tax forms current, complete and accurate. If you as a Publisher
fail to provide us with documentation that we determine to be sufficient to
alleviate our obligation (if any) to withhold taxes from payments to you (e.g.
where you are a US Publisher and you fail to provide us with a completed IRS
Form W–9), we reserve the right in our sole discretion to freeze all
payouts to you until resolution, to withhold such amounts as required by law,
or to do both.
You as a Publisher understand and agree that you are solely
responsible for determining (i) your applicable Tax
reporting requirements, and (ii) the Taxes that should be included, and for
including Taxes to be collected or obligations relating to applicable Taxes in Mobile
Applications. You are also solely responsible for remitting to the relevant
authority any Taxes included or received by you. AppMakr LLC cannot and does
not offer Tax-related advice to any Publishers.
Where applicable, or based upon request from a Publisher, AppMakr
LLC may issue a valid VAT invoice to such Publisher.
You understand and acknowledge that appropriate governmental
agencies, departments or authorities (the ÒTax AuthorityÒ) where your Mobile
Application is located may require Taxes to be collected from Stakeholders or Publisher
on the amount paid for the right to download and/or use of Mobile Applications,
and to be remitted to the respective Tax Authority. The laws in jurisdictions
may vary, but these taxes may be required to be collected and remitted as a
percentage of the Mobile Application Fees set by Publishers, a set amount per download,
or other variations, and are sometimes called Òpaid app downloads,Ó or Òin-app
transactionsÓ (hereafter, ÒUsage TaxesÒ).
In certain jurisdictions, AppMakr LLC may decide in its sole
discretion to facilitate collection and remittance of Uusage
Taxes from or on behalf of Stakeholders or Publishers, in accordance with your
directions in these Terms (ÒCollection and RemittanceÓ) if such tax
jurisdiction asserts AppMakr LLC or Publishers have a tax collection and
remittance obligation. In any jurisdiction in which we decide to facilitate
direct Collection and Remittance, whether you are a Stakeholder or Publisher,
in lieu of the Publisher collecting Usage taxes from Stakeholders and remitting
to the Tax Authority, you hereby instruct and authorize AppMakr LLC (via AppMakr
LLC Payments) to collect Usage Taxes from Stakeholders on the PublisherÕs
behalf at the time Mobile Application Fees are collected, and to remit such Usage
Taxes to the Tax Authority. When AppMakr LLC facilitates Collection and
Remittance of Usage Taxes in a jurisdiction for the first time, AppMakr LLC
will provide notice to existing Publishers with Mobile Applications for Mobile
Applications in such jurisdictions. When a new Mobile Application is created in
a jurisdiction where AppMakr LLC facilitates Collection and Remittance of Usage
Taxes, the Publisher will be notified in the Mobile Application creation flow.
The amount of Usage Taxes, if any, collected and remitted by AppMakr
LLC will be visible to and separately stated to both Stakeholders and Publishers
on their respective transaction documents. Where AppMakr LLC is directly
facilitating Collection and Remittance, Stakeholders and Publishers agree that Publishers
are not permitted to attempt collection, or collect any Usage Taxes being
collected by AppMakr LLC relating to their Mobile Applications on AppMakr LLC
in that such jurisdiction. You expressly agree to release, defend, indemnify,
and hold AppMakr LLC and its affiliates and subsidiaries, and their officers,
directors, employees and agents, harmless from and against any claims,
liabilities, damages, losses, debts, obligations, and expenses, including, without
limitation, reasonable legal and/or accounting fees, arising out of or in any
way related to Usage Taxes, including, without limitation, the applicability
of, calculation, collection or remittance of Usage Taxes in any amount or at
all as to your transactions or Mobile Applications. For any jurisdiction in
which we facilitate Collection and Remittance, Publishers and Stakeholders
expressly grant us permission, without further notice, to store, transfer and disclose
data and other information relating to them or to their transactions, Mobile
Applications and Usage Taxes, including, but not limited to, personally
identifiable information such as Publisher or StakeholderÕs name, Mobile
Application addresses, transaction dates and amounts, tax identification
number(s), the amount of taxes collected from Stakeholders or allegedly due,
contact information and similar information, to the relevant Tax Authority.
In other jurisdictions, AppMakr LLC may decide in its sole
discretion to facilitate Usage Tax collection on behalf of Publishers and Stakeholders
in accordance with a PublisherÕs direction to opt in to a specific Usage Tax
line item in the Mobile Application Creation process, in which the Publisher
directs that Usage Taxes from Stakeholders be sent directly to the Publisher so
that the Publisher will remit such taxes directly to Tax Authority (ÒOpt-in
for Publisher RemittanceÒ). In any jurisdiction in which we decide to
facilitate Collection by Opt-in for Publisher Remittance, whether you are a Stakeholder
or Publisher, you hereby instruct and authorize AppMakr LLC (via AppMakr LLC
Payments) to send Usage Taxes received from Stakeholders at the time Mobile
Application Usage Fees are collected to the Publisher who is obligated to send
such taxes to the Tax Authority directly. If AppMakr LLC offers and a Publisher
selects Opt-in for Publisher Remittance in any jurisdiction, Publishers and Stakeholders
remain solely responsible and liable for the payment and remittance of any and
all taxes that may apply to Mobile Applications; you agree and understand that AppMakr
LLC is not responsible for, and will not send any such Usage Taxes to the Tax
Authority under Opt-in to Publisher Remittance of Taxes. You hereby agree that
through third party payment processors, AppMakr LLC is merely processing Your
election and direction to have Usage Taxes from Stakeholders sent directly to
the Publisher for remittance by the Publisher to the Tax Authority, and that
You will remit all amounts collected from Stakeholders as Usage Taxes to such
Tax Authority. You expressly agree to release, defend, indemnify, and hold AppMakr
LLC and its affiliates and subsidiaries, and their officers, directors,
employees and agents, harmless from and against any claims, liabilities,
damages, losses, debts, obligations, and expenses, including, without
limitation, reasonable legal and/or accounting fees, arising out of or in any
way related to Taxes, including, without limitation, the applicability of,
calculation of, collection of Taxes in any amount or at all as to your
transactions or Mobile Applications. For any jurisdiction in which we facilitate
Opt-in for Publisher Remittance, Publishers and Stakeholders expressly grant us
permission, without further notice, to store, transfer and disclose data and
other information relating to them or to their transactions, Mobile Applications
and Usage Taxes, including, but not limited to, personally identifiable
information such as Publisher or StakeholderÕs name, Mobile Application
addresses, transaction dates and amounts, tax identification number(s), the
amount of taxes received by Publishers from Stakeholders, or allegedly due,
contact information and similar information, to the relevant Tax Authority.
Whether you are a Stakeholder or Publisher, you agree that any
claim or cause of action relating to AppMakr LLCÕs facilitation of Opt-in for Publisher
Remittance or Collection and Remittance of Taxes shall not extend to any
supplier or vendor that may be used by AppMakr LLC in connection with
facilitation of Opt-in Remittance or Collection and Remittance of Usage Taxes,
if any. Stakeholders and Publishers agree that we may seek additional amounts
from You in the event that the Taxes collected and/or remitted are insufficient
to fully discharge your obligations to the Tax Authority, and agree that your
sole remedy for Taxes collected is a refund of Taxes collected by AppMakr LLC
from the applicable Tax Authority in accordance with applicable procedures set
by that Tax Authority.
In any jurisdiction in which we have not provided notice of, or
are not facilitating (or are no longer facilitating) the collection or
remittance of Taxes by Collection and Remittance, Opt-in for Publisher
Remittance or any other means or method, in your jurisdiction, Publishers and Stakeholders
remain solely responsible and liable for the collection and/or remittance of
any and all Usage Taxes that may apply to Mobile Applications.
Publishers and Stakeholders acknowledge and agree that in some
jurisdictions, AppMakr LLC may decide not to facilitate collection or
remittance of Usage Taxes or may not be able to facilitate the collection
and/or remittance of Usage Taxes, and nothing contained in these Terms of
Service is a representation or guarantee that AppMakr LLC will facilitate
collection and/or remittance of Usage Tax anywhere at all, including in any
specific jurisdiction, or that AppMakr LLC will continue to facilitate any
collection or remittance of Usage Tax in any specific jurisdiction in which it
may have been offered. AppMakr LLC reserves the right, in its sole
determination, to cease any facilitation of any collection and remittance of Usage
Tax (regardless of method used or to be used in the future) for any reason or
no reason at all, provided that it will give Publishers reasonable notice in
any jurisdiction in which AppMakr LLC determines to cease any such
facilitation.
AppMakr LLCÕs online platform facilitates Mobile interactions
and transactions between Stakeholders and Publishers who may pay in a currency
different from their destination currency, which may require currency
conversions to accommodate these differing currency preferences. Although the AppMakr
LLC platform allows Stakeholders and Publishers to view the price of Mobile
Applications and in-app transactions in a number of currencies, the currencies
available for Stakeholders and Publishers to make and receive payments may be
limited, and may not include the default currency in any given geographic
location.
Details regarding currency conversion, including any associated
fees, are detailed in the Payments Terms.
You understand and agree that you are solely responsible for
compliance with any and all laws, rules, regulations, and Tax obligations that
may apply to your use of the Site, Application, Services and Collective
Content. In connection with your use of the Site, Application, Services and
Collective Content, you may not and you agree that you will not:
AppMakr LLC has the right to investigate and prosecute
violations of any of the above to the fullest extent of the law. In addition,
and as set in these Terms, AppMakr LLC may take a range of actions against you,
including but not limited to removing or disabling access to any or all of your
Publisher Content or deactivating or canceling your Mobile Application(s) or AppMakr
LLC Account, for a violation of this Section or these Terms.
AppMakr LLC may access, preserve and disclose any of your
information if we are required to do so by law, or if we believe in good faith
that it is reasonably necessary to (i) respond to
claims asserted against AppMakr LLC or to comply with legal process (for
example, subpoenas or warrants), (ii) enforce or administer our agreements with
users, such as these Terms, (iii) for fraud prevention, risk assessment,
investigation, customer support, product development and de-bugging purposes,
or (iv) protect the rights, property or safety of AppMakr LLC, its users, or Publishers
of the public. You acknowledge that AppMakr LLC has no obligation to monitor
your access to or use of the Site, Application, Services or Collective Content
or to review, remove, disable access to or edit any Publisher Content, but has
the right to do so for the purpose of operating and improving the Site, Application
and Services (including without limitation for fraud prevention, risk
assessment, investigation and customer support purposes), to ensure your
compliance with these Terms, to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental body, to
respond to content that it determines is otherwise objectionable or as set
forth in these Terms. AppMakr LLC reserves the right, at any time and without
prior notice, to remove or disable access to any Collective Content that AppMakr
LLC, at its sole discretion, considers to be objectionable for any reason, in
violation of these Terms or otherwise harmful to the Site, Application or
Services.
Reporting Misconduct
If you use a Mobile Application from a Publisher on the AppMakr
LLC platform or find anyone associated with AppMakr LLC who you feel is acting
or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate
behavior, (ii) you suspect of stealing from you, or (iii) engages in any other
disturbing conduct, you should immediately report such person to the
appropriate authorities and then to AppMakr LLC by contacting us with your
police station and report number; provided that your report will not obligate
us to take any action beyond that required by law (if any) or cause us to incur
any liability to you.
You agree that AppMakr LLCÕs Privacy
Policy (as may be updated from time to time) governs AppMakr LLCÕs
collection and use of your personal information. This Privacy Policy is intended to inform you about how we
treat Personal Information that we process about you. If you do not agree to
any part of this Privacy Policy, then we cannot provide the Platform or
Services to you, and you should stop accessing the Platform and deactivate your
AppMakr Account.
11.1 What information do we collect?
A) Information that you give us
We receive, store and process information, including Personal
Information, that you make available to us when accessing or using our Platform
and Services. Examples include when you:
B) Information we get from your use
of our Platform
We also receive, store and process information, possibly
including Personal Information, when you access or use our Platform and
Services, including but not limited to:
á
Mobile Data
When you use certain features of the Platform, in particular our
mobile applications we may receive, store and process different types of
information about your location, including general information (e.g. IP
address, zip code) and more specific information (e.g. GPS-based functionality
on mobile devices used to access the Platform or specific features of the
platform). If you access the Platform through a mobile device and you do not
want your device to provide us with location-tracking information, you can
disable the GPS or other location-tracking functions on your device, provided
your device allows you to do this. See your device manufacturerÕs instructions
for further details.
á
Contact Information
You may use your contact information, such as your email address, phone number
or Social account ID to create or customize your account or to enable certain
account features, for example, for login verification. If you provide us with
your email address, phone number or Social account ID, you agree to receive
emails to that email address, text messages to that phone number or messages to
that Social account, as the case may be. We may use your contact information to
send you information about our Platform and Services, to market to you, and to
help prevent spam, fraud, or abuse.
á
Log Data
We may also receive, store and process Log Data, which is
information that is automatically recorded by our servers whenever you access
or use the Platform, regardless of whether you are registered with AppMakr or
logged in to your AppMakr Account, such as your IP Address, the date and time
you access or use the Platform, the hardware and software you are using,
referring and exit pages and URLs, the number of clicks, device event
information, pages viewed and the order of those pages, and the amount of time
spent on particular pages.
á
Cookies and other Tracking Technologies
AppMakr uses cookies and other similar technologies, such as
mobile application and other device identifiers, on the Platform. We may also
allow our business partners to use their cookies and other tracking
technologies on the Platform. As a result, when you access or use the Platform,
you will provide or make available certain information to us and to our
business partners.
While you may disable the usage of cookies through your browser
settings, we do not change our practices in response to a ÒDo Not TrackÓ signal
in the HTTP header from your browser or mobile application. We track your
activities if you click on advertisements for AppMakr services on Third-Party
platforms such as search engines and social networks, and may use analytics to
track what you do in response to those advertisements.
We may, either directly or through Third Parties we engage to
provide services to us, also continue to track your behavior on our own
Platform for purposes of our own customer support, analytics, research, product
development, fraud prevention, risk assessment, regulatory compliance,
investigation, as well as to enable you to use and access the Platform and pay
for your activities on the Platform. We may also, either directly or through
Third-Parties we engage to provide services to us, track your behavior on our
own Platform to market and advertise our services to you on the Platform and
Third-Party websites. Third Parties that use cookies and other tracking
technologies to deliver targeted advertisements on our Platform and/or
Third-Party websites may offer you a way to prevent such targeted
advertisements by opting-out at the websites of industry groups such as
the Network Advertising Initiative and/or the Digital
Advertising Alliance. You may also be able to control advertising cookies
provided by publishers, for example GoogleÕs Ad Preference Manager. Please note that even if you choose to opt-out of
receiving targeted advertising, you may still receive advertising on or about
the Platform – it just will not be tailored to your interests. In
addition, if you disable cookies, you may lose some of the features and
functionality of using our Platform, Application and Services, as cookies are
necessary to track and enhance your use and access.
Third Parties may not collect information about usersÕ online
activities on the Platform except as described in this policy.
á
Third-Party social plugins
Our Platform may use social plugins
which are provided and operated by Third-Parties, such as FacebookÕs Like
Button.
As a result of this, you may send to the Third-Party the
information that you are viewing on a certain part of our Platform. If you are
not logged into your account with the Third-Party, then the Third Party may not
know your identity. If you are logged into your account with the Third Party,
then the Third Party may be able to link information about your visit to our
Platform to your account with them. Similarly, your interactions with the
social plugin may be recorded by the Third Party.
Please refer to the Third PartyÕs privacy policy to find out
more about its data practices, such as what data is collected about you and how
the Third Party uses such data.
11.1 What do we use your information
for?
Any of the
information we collect from you may be used in one of the following ways:
¥ To personalize your experience
(your information helps us to better respond to your individual needs)
¥ To process transactions
¥ Your information, whether public or private, will not be sold, exchanged,
transferred, or given to any other company for any reason whatsoever, without
your consent, other than for the express purpose of delivering the purchased
product or service requested.
¥ To send periodic emails
¥ The email address you provide may be used to send you information, respond to
inquiries, and/or other requests or questions.
11.2 How do we protect your
information?
We implement a
variety of security measures to maintain the safety of your personal
information when you place an order or enter, submit, or access your personal
information.
We offer the use of a secure server. All supplied sensitive/credit information
is transmitted via Secure Socket Layer (SSL) technology and then encrypted into
our Payment gateway providers database only to be accessible by those
authorized with special access rights to such systems, and are required to keep
the information confidential.
After a transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
11.3 Do we use cookies?
Yes (Cookies
are small files that a site or its service provider transfers to your computers
hard drive through your Web browser (if you allow) that enables the sites or
service providers systems to recognize your browser and capture and remember
certain information
We use cookies to help us remember and process the items in your shopping cart.
11.4 Do we disclose any information
to outside parties?
We do not sell,
trade, or otherwise transfer to outside parties your personally identifiable
information. This does not include trusted third parties who assist us in
operating our website, conducting our business, or servicing you, so long as
those parties agree to keep this information confidential. We may also release
your information when we believe release is appropriate to comply with the law,
enforce our site policies, or protect ours or others rights, property, or
safety. However, non-personally identifiable visitor information may be
provided to other parties for marketing, advertising, or other uses.
11.5 Third party links
Occasionally,
at our discretion, we may include or offer third party products or services on
our website. These third party sites have separate and independent privacy
policies. We therefore have no responsibility or liability for the content and
activities of these linked sites. Nonetheless, we seek to protect the integrity
of our site and welcome any feedback about these sites.
11.6 California Online Privacy
Protection Act Compliance
Because we
value your privacy we have taken the necessary precautions to be in compliance
with the California Online Privacy Protection Act. We therefore will not
distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site
may make any changes to their information at anytime by logging into their
control panel and going to the 'Edit Profile' page.
11.7 ChildrenÕs Online Privacy
Protection Act Compliance
We are in
compliance with the requirements of COPPA (Childrens
Online Privacy Protection Act), we do not collect any information from anyone
under 13 years of age. Our website, products and services are all directed to
people who are at least 13 years old or older.
11.8 Your Consent
By using our
site, you consent to our privacy policy.
11.9 Changes to our Privacy Policy
If we decide to
change our privacy policy, we will post those changes on this page, and/or
update the Privacy Policy modification date below.
The Site, Application, Services, and Collective Content are
protected by copyright, trademark, and other laws of the United States and
foreign countries. You acknowledge and agree that the Site, Application,
Services and Collective Content, including all associated intellectual property
rights, are the exclusive property of AppMakr LLC and its licensors. You will
not remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Site, Application,
Services, or Collective Content. All trademarks, service marks, logos, trade
names, and any other proprietary designations of AppMakr LLC used on or in
connection with the Site, Application, Services, and AppMakr LLC Content are
trademarks or registered trademarks of AppMakr LLC in the US and abroad.
Trademarks, service marks, logos, trade names and any other proprietary
designations of third parties used on or in connection with the Site,
Application, Services, and AppMakr LLC Content are used for identification
purposes only and may be the property of their respective owners. As a Publisher,
Stakeholder, or Publisher, you understand and agree that you are bound by the
additional Terms, Guidelines and Policies that apply to your use of the Site,
Application, Services and Collective Content, including AppMakr LLCÕs Trademarks.
Our Site, Application and Services have different products,
features and offerings, so sometimes additional terms or product requirements
may apply to your use of those products, features or offerings. For example,
additional terms apply if you refer new users to AppMakr LLC (ÒReferral
ProgramÒ). If additional terms are available for the relevant product or
Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, AppMakr LLC grants
you a limited non-exclusive, non-transferable license to download and install a
copy of the Application on each mobile device or computer that you own or
control and run such copy of the Application solely for your own personal use.
Furthermore, with respect to any Apple App Store Sourced Application (defined
below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (AppleÕs
proprietary operating system) and (ii) as permitted by the ÒUsage RulesÓ set
forth in the Apple App Store Terms of Service. AppMakr LLC reserves all rights
in the Application not expressly granted to you by these Terms.
Subject to your compliance with these Terms and AppMakr LLCÕs Trademark,
AppMakr LLC grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Content published via the AppMakr
LLC Platform solely for your personal and non-commercial purposes and (ii)
access and view any Publisher Content to which you are permitted access, solely
for your personal and non-commercial purposes. You have no right to sublicense
the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works
based upon, distribute, license, sell, transfer, publicly display, publicly
perform, transmit, broadcast or otherwise exploit the Site, Application,
Services, or Collective Content, except as expressly permitted in these Terms.
No licenses or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by AppMakr LLC or its
licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload,
publish, submit or transmit Publisher Content. By making available any Publisher
Content on or through the Site, Application, Services, or through AppMakr LLC
promotional campaigns, you hereby grant to AppMakr LLC a worldwide,
irrevocable, perpetual (or for the term of the protection), non-exclusive,
transferable, royalty-free license, with the right to sublicense, to use, view,
copy, adapt, translate, modify, distribute, license, sell, transfer, publicly
display, publicly perform, transmit, stream, broadcast, access, view, and
otherwise exploit such Publisher Content on, through, by means of or to promote
or market the Site, Application and Services. AppMakr LLC does not claim any
ownership rights in any such Publisher Content and nothing in these Terms will
be deemed to restrict any rights that you may have to use and exploit any such Publisher
Content.
You acknowledge and agree that you are solely responsible for
all Publisher Content that you make available or access through the Site,
Application, Services or through AppMakr LLC
promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Publisher
Content that you make available through the Site, Application, Services or
through AppMakr LLC promotional campaigns or you have all rights, licenses,
consents and releases that are necessary to grant to AppMakr LLC the rights in
such Publisher Content, as contemplated under these Terms; and (ii) neither the
Publisher Content nor your posting, uploading, publication, submission or
transmittal of the Publisher Content or AppMakr LLCÕs use of the Publisher
Content (or any portion thereof) on, through or by means of the Site,
Application, the Services or AppMakr LLC promotional campaigns will infringe,
misappropriate or violate a third partyÕs patent, copyright, trademark, trade
secret, moral rights or other proprietary or intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
The Site, Application and Services may contain links to
third-party websites or resources. You acknowledge and agree that AppMakr LLC
is not responsible or liable for: (i) the
availability or accuracy of such websites or resources; or (ii) the content,
products, or services on or available from such websites or resources. Links to
such websites or resources do not imply any endorsement by AppMakr LLC of such
websites or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources or the Content,
products or services on or available from such websites or resources.
Some portions of the AppMakr LLC platform implement Google
Maps/Earth mapping services, including Google Maps API(s). Your use of Google
Maps/Earth is subject to GoogleÕs terms of use.
We welcome and encourage you to provide feedback, comments and
suggestions for improvements to the Site, Application and Services (ÒFeedbackÒ).
You may submit Feedback by emailing us, through the Support section of the Site
and Application, or by other means of communication. You acknowledge and agree
that all Feedback you give us will be the sole and exclusive property of AppMakr
LLC and you hereby irrevocably assign to AppMakr LLC and agree to irrevocably
assign to AppMakr LLC all of your right, title, and interest in and to all
Feedback, including without limitation all worldwide patent, copyright, trade
secret, moral and other proprietary or intellectual property rights therein,
and waive any moral rights you may have in such Feedback. At AppMakr LLCÕs
request and expense, you will execute documents and take such further acts as AppMakr
LLC may reasonably request to assist AppMakr LLC to acquire, perfect, and
maintain its intellectual property rights and other legal protections for the
Feedback.
AppMakr LLC respects copyright law and expects its users to do
the same. It is AppMakr LLCÕs policy to terminate in appropriate circumstances
the AppMakr LLC Accounts of Publishers or other account holders who infringe or
are believed to be repeatedly infringing the rights of copyright holders.
These Terms shall be effective for a 30-day term, at the end of
which it will automatically and continuously renew for subsequent 30-day terms
until such time when you or AppMakr LLC terminate these Terms as described
below.
21.
You may terminate these Terms at any time via the ÒCancel
AccountÓ feature on the Site, by removing the Mobile Application from all of
your devices or by sending us an email. If you cancel your AppMakr LLC Account
as a Publisher, any downloaded Mobile Applications will automatically cease to
function and your Stakeholders will not receive notification from us about why
they no longer function. If you cancel your AppMakr LLC Account as a Stakeholder,
any pending in-app transactions will be automatically cancelled and any refund
will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, AppMakr LLC may
terminate these Terms for convenience at any time by giving you 30 daysÕ notice
via email to your registered email address.
22.
AppMakr LLC may immediately, without notice terminate these
Terms if (i) you have materially breached these Terms
or our Policies, including but not limited to any breach of your warranties
outlined in these Terms or breach of the ÒUser ConductÓ provisions in these
Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete
information during the AppMakr LLC Account registration, or Mobile Application
process or thereafter, (iii) you have violated applicable laws, regulations or
third party rights, or (iv) AppMakr LLC believes in good faith that such action
is reasonably necessary to protect the safety or property of other Publishers, AppMakr
LLC or third parties, for fraud prevention, risk assessment, security or
investigation purposes.
In addition AppMakr LLC may deactivate or delay Mobile
Applications, reviews, or other Publisher Content, limit your use of or access
to your AppMakr LLC Account and the Site, Application or Services, temporarily
or permanently revoke any special status associated with your AppMakr LLC
Account, or temporarily or permanently suspend your AppMakr LLC Account if (i) you have breached these Terms or our Policies, including
material and non-material breaches and receiving poor ratings from Stakeholders,
or (ii) AppMakr LLC believes in good faith that such action is reasonably
necessary to protect the safety or property of Publishers, AppMakr LLC or third
parties, for fraud prevention, copyright protection, risk assessment, security
or investigation purposes.
If we take any of the measures described in this Section 24.C,
we may (i) communicate to your Stakeholders that a Mobile
Application has been terminated, (ii) refund your Stakeholders in full for any
and all confirmed in-app transactions, irrespective of preexisting cancellation
policies, (iii) support your Stakeholders, on an exceptional basis, in finding
potential alternative Mobile Applications, and (iv) you will not be entitled to
any compensation for downloaded Mobile Applications that were terminated.
In case of non-material breaches and where appropriate, you will
be given notice of any measure by AppMakr LLC and an opportunity to resolve the
issue to AppMakr LLCÕs reasonable satisfaction.
23.
If you or we terminate this Agreement, we do not have an
obligation to delete or return to you any of your Publisher Content, including
but not limited to any Stakeholder submitted data, reviews or Feedback. When
this Agreement has been terminated, you are not entitled to a restoration of
your AppMakr LLC Account or any of your Publisher Content. If your access to or
use of the Site, Application and Services has been limited or your AppMakr LLC
Account has been suspended or this Agreement has been terminated by us, you may
not register a new AppMakr LLC Account or attempt to access and use the Site,
Application and Services through other AppMakr LLC Accounts.
24.
If you or we terminate this Agreement, the clauses of these
Terms that reasonably should survive termination of the Agreement will remain
in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR
COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR
SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT APPMAKR LLC DOES NOT HAVE AN
OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY PUBLISHER,
INCLUDING, BUT NOT LIMITED TO, STAKEHOLDERS AND PUBLISHERS. BUT MAY CONDUCT
SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO
THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION
TO IDENTIFY A PUBLISHER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR
GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL
PROGRAM ARE PROVIDED ÒAS ISÓ, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE FOREGOING, APPMAKR LLC EXPLICITLY DISCLAIMS ANY
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE. APPMAKR LLC MAKES NO WARRANTY THAT THE
SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO,
THE MOBILE APPLICATIONS OR ANY MOBILE APPLICATIONS, OR THE REFERRAL PROGRAM
WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS. APPMAKR LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MOBILE
APPLICATIONS, MOBILE APPLICATIONS, PUBLISHERS, STAKEHOLDERS, THE SERVICES OR
COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR
RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION,
SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
APPMAKR LLC OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT,
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PUBLISHERS
OR STAKEHOLDERS. YOU UNDERSTAND THAT APPMAKR LLC DOES NOT MAKE ANY ATTEMPT TO
VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO
REVIEW OR VISIT ANY MOBILE APPLICATIONS. APPMAKR LLC MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES
OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE,
APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL
COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR
SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT
LIMITED TO, STAKEHOLDERS AND PUBLISHERS, PARTICULARLY IF YOU DECIDE TO MEET
OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY APPMAKR
LLC. APPMAKR LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF
ANY STAKEHOLDER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE,
APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR MOBILE APPLICATION OR DOWNLOADING
AND INSTALLATION OF ANY MOBILE APPLICATIONS VIA THE SITE, APPLICATION AND
SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE
WITH OTHER USERS OF APPMAKR LLC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
NEITHER APPMAKR LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL
PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR
SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR
INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM
ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE,
APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT
AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR
PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR MOBILE APPLICATION OR INSTALLATION
OF ANY MOBILE APPLICATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT APPMAKR LLC HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PUBLISHERS
PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE APPMAKR LLC PUBLISHER
GUARANTEE, IN NO EVENT WILL APPMAKR LLCÕS AGGREGATE LIABILITY ARISING OUT OF OR
IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND
SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MOBILE APPLICATION OR DOWNLOADING
OF ANY MOBILE APPLICATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE
USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE
CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH
ANY MOBILE APPLICATION OR INTERACTIONS WITH ANY OTHER PUBLISHERS, EXCEED THE
AMOUNTS YOU HAVE PAID OR OWE FOR DOWNLOADING MOBILE APPLICATIONS VIA THE SITE,
APPLICATION AND SERVICES AS A STAKEHOLDER IN THE TWELVE (12) MONTH PERIOD PRIOR
TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PUBLISHER, THE
AMOUNTS PAID BY APPMAKR LLC TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE
EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO
SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPMAKR
LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold AppMakr LLC
and its affiliates and subsidiaries, and their officers, directors, employees
and agents, harmless from and against any claims, liabilities, damages, losses,
and expenses, including, without limitation, reasonable legal and accounting
fees, arising out of or in any way connected with (a) your access to or use of
the Site, Application, Services, or Collective Content or your violation of
these Terms; (b) your Publisher Content; (c) your (i)
interaction with any Publisher, (ii) Downloading of a Mobile Application, or
(iii) creation of a Mobile Application; (d) the use, condition or Editing of an
Mobile Application by you, including but not limited to any injuries, losses,
or damages (compensatory, direct, incidental, consequential or otherwise) of
any kind arising in connection with or as a result of a Downloading or use of
an Mobile Application; and (e) your participation in the Referral Program or
your accrual of any AppMakr LLC Credits.
You may not use, export, re-export, import, or transfer the
Application except as authorized by United States law, the laws of the
jurisdiction in which you obtained the Application, and any other applicable
laws. In particular, but without limitation, the Application may not be
exported or re-exported: (a) into any United States embargoed countries; or (b)
to anyone on the U.S. Treasury DepartmentÕs list of Specially Designated
Nationals or the U.S. Department of CommerceÕs Denied Persons List or Entity
List. By using the Site, Application and Services, you represent and warrant
that (i) neither you nor your listed Mobile
Application is located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a Òterrorist
supportingÓ country and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties. You also will not use the Site, Application
and Services for any purpose prohibited by U.S. law, including the development,
design, manufacture or production of missiles, or nuclear, chemical or
biological weapons. AppMakr LLC does not permit Mobile Applications associated
with certain countries due to U.S. embargo restrictions. In addition to
complying with the above, you must also comply with any relevant export control
laws in your local jurisdiction.
The following applies to any Application accessed through or
downloaded from the Apple App Store (ÒApp Store Sourced ApplicationÒ):
Except as they may be supplemented by a document referenced and
incorporated herein or by additional AppMakr LLC policies, guidelines, standards,
or terms for a specific product, feature, service or offering, these Terms
constitute the entire and exclusive understanding and agreement between AppMakr
LLC and you regarding the Site, Application, Services, Collective Content
(excluding Payment Services), and any Mobile Applications made via the Site,
Application and Services (excluding Payment Services), and these Terms
supersede and replace any and all prior oral or written understandings or
agreements between AppMakr LLC and you regarding Mobile Applications, the Site,
Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law
or otherwise, without AppMakr LLCÕs prior written consent. Any attempt by you to
assign or transfer these Terms, without such consent, will be null and of no
effect. AppMakr LLC may assign or transfer these Terms, at its sole discretion,
without restriction. Subject to the foregoing, these Terms will bind and inure
to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required
hereunder, including those regarding modifications to these Terms, will be in
writing and given by AppMakr LLC (i) via a
Communication (in each case to the address or phone number that you provide) or
(ii) by posting to the Site or via the Application. For notices made via a
Communication, the date of receipt will be deemed the date on which such notice
is transmitted.
These Terms and your use of the Services will be interpreted in
accordance with the laws of the State of New Jersey and the United States of
America, without regard to its conflict-of-law provisions. You and we agree to
submit to the personal jurisdiction of a state court located in Trenton, New
Jersey, or a United States District Court, for any actions for which the
parties retain the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a partyÕs copyrights,
trademarks, trade secrets, patents, or other intellectual property
rights, as set forth in the Dispute Resolution provision below.
If you reside in the United States, you and AppMakr LLC agree
that any dispute, claim or controversy arising out of or relating to these
Terms or the breach, termination, enforcement, interpretation or validity
thereof, or to the use of the Services or use of the Site, Application or
Collective Content (collectively, ÒDisputesÒ) will be settled by binding
arbitration, except that each party retains the right to seek injunctive or
other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a partyÕs
copyrights, trademarks, trade secrets, patents, or other intellectual property
rights. You acknowledge and agree that you and AppMakr LLC are each waiving the
right to a trial by jury or to participate as a plaintiff or class Publisher in
any purported class action lawsuit, class-wide arbitration, private
attorney-general action, or any other representative proceeding. Further,
unless both you and AppMakr LLC otherwise agree in writing, the arbitrator may
not consolidate more than one personÕs claims, and may not otherwise preside
over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this ÒDispute ResolutionÓ
section will be deemed void. Except as provided in the preceding sentence, this
ÒDispute ResolutionÓ section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate
evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this provision.
The arbitration will be administered by the American Arbitration Association (ÒAAAÒ)
in accordance with the Consumer Arbitration Rules (the ÒAAA RulesÒ) then
in effect, except as modified by this ÒDispute ResolutionÓ section. (The AAA
Rules are available at www.adr.org/arb_medor by calling the AAA at
1–800–778–7879.) The Federal Arbitration Act will govern the
interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate
arbitration must provide the other party with a written Demand for Arbitration
as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an
attorney licensed to practice law in the state of New Jersey and will be
selected by the parties from the AAAÕs roster of consumer dispute arbitrators.
If the parties are unable to agree upon an arbitrator within seven (7) days of
delivery of the Demand for Arbitration, then the AAA will appoint the
arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and AppMakr LLC
otherwise agree, the arbitration will be conducted in the county where you
reside. If your claim does not exceed $10,000, then the arbitration will
be conducted solely on the basis of documents you and AppMakr LLC submit to the
arbitrator, unless you request a hearing or the arbitrator determines that a
hearing is necessary. If your claim exceeds $10,000, your right to a
hearing will be determined by the AAA Rules. Subject to the AAA Rules, the
arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the
arbitration.
ArbitratorÕs Decision. The arbitrator will render an
award within the time frame specified in the AAA Rules. The arbitratorÕs
decision will include the essential findings and conclusions upon which the
arbitrator based the award. Judgment on the arbitration award may be entered in
any court having jurisdiction thereof. The arbitratorÕs award damages must be
consistent with the terms of the ÒLimitation of LiabilityÓ section above as to
the types and the amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the
claimantÕs individual claim. If you prevail in arbitration you will be entitled
to an award of attorneysÕ fees and expenses, to the extent provided under
applicable law. AppMakr LLC will not seek, and hereby waives all rights it may
have under applicable law to recover, attorneysÕ fees and expenses if it
prevails in arbitration.
Fees. Your responsibility to pay any AAA filing,
administrative and arbitrator fees will be solely as set forth in the AAA
Rules. However, if your claim for damages does not exceed $75,000, you
agree to pay all such fees including but not limited to if the arbitrator finds
that either the substance of your claim or the relief sought in your Demand for
Arbitration was frivolous or was brought for an improper purpose (as measured
by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the ÒModificationÓ
section above, if AppMakr LLC changes this ÒDispute ResolutionÓ section after
the date you last accepted these Terms (or accepted any subsequent changes to
these Terms), you may reject any such change by sending us written notice
(including by email) within 30 days of the date such change became effective,
as indicated in the ÒLast UpdatedÓ date above or in the date of AppMakr LLCÕs
email to you notifying you of such change. By rejecting any change, you are agreeing
that you will arbitrate any Dispute between you and AppMakr LLC in accordance
with the provisions of this ÒDispute ResolutionÓ section as of the date you
last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of AppMakr LLC to enforce any right or provision of
these Terms will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of AppMakr LLC.
Except as expressly set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise. If for any reason an arbitrator or a
court of competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force
and effect.
These Terms do not and are not intended to confer any rights or
remedies upon any person other than the parties.
The following paragraphs will apply if you are contracting with AppMakr
Pte Ltd in Singapore.
The second paragraph of Section 24.D, Term and
Termination, Suspension and Other Measures, shall be removed and
replaced with the following: ÒIf you or we terminate this Agreement, we do
not have an obligation to return to you any of your Publisher Content,
including but not limited to any reviews or Feedback. When this Agreement has
been terminated, you are not entitled to a restoration of your AppMakr Account
or any of your Publisher Content. If your access to or use of the Site,
Application and Services has been limited or your AppMakr LLC Account has been
suspended or this Agreement has been terminated by us, you may not register a
new AppMakr LLC Account or attempt to access and use the Site, Application and
Services through other AppMakr Accounts.Ó
The Controlling Law and Jurisdiction section
shall be removed and replaced with the following: ÒControlling Law
and Jurisdiction These Terms will be interpreted in accordance with Singapore
law. You and we agree to submit to the non-exclusive jurisdiction of the Singapore
courts for resolving any dispute between the parties. If AppMakr Pte Ltd wishes
to enforce any of its rights against you, we may elect to do so in the Singapore
courts or in the courts of the jurisdiction in which you are resident.Ó
The Dispute Resolution section shall be removed
and is not applicable.
If you have any questions about these Terms or any App Store
Sourced Application, please contact AppMakr LLC via the below contact details:
E-Mail:
support@AppMakr.com
Postal:
AppMakr Pte Ltd
6 Shenton Way, Tower One, #32-01
Singapore, 068809
Attn: Legal Monkey Cage