Terms of Use
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND APPS PROVIDER (hereinafter “AP,” “Us,” "Our," or “We”) GOVERNING YOUR USE OF THIS APPLICATION SOFTWARE (hereinafter “AP App(s)”).
Parts of this agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual application services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You accept the Terms by indicating your acceptance of the terms or by actually using the Services.
Description of application services
We provide an array of application services ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser or service supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
Use of Beta application(s)
We may offer certain Services as closed or open beta application services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Use
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website. You may terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
User sign up obligations
If available, you have the option to apply to be included in our email / electronic notifications database by providing all required information. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other members from your organization, apply by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the Services.
Personal information and privacy
Personal information you provide through the Service is governed by the Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Privacy Policy. You are responsible for maintaining confidentiality of your sensitive information. You are responsible for all activities that occur and you agree to inform us immediately of any unauthorized use of your account. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your account, or otherwise.
Communications from us
The Service may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Fees and payments
Payments for Services are available on a per application service basis, and if available or applicable, monthly and / or yearly subscription plans. If relevant, your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card or payment mechanism last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. We reserve the right to change the prices and fees, and to charge for use of Services that are currently available free of charge.
Restrictions on use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service(s) based on the Services without prior written permission from us; (iii) use links to our sites without agreeing to our website terms & conditions; (iv) post links to other sites or use our logo, company name, etc. without our prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and illegal activities
You agree to be solely responsible for the use and contents of the Services. You agree not to use the Services for illegal purposes or for matters that are unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the contents or intellectual property of the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your use and access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive user policy
We reserve the right to terminate users that are inactive for a reasonably extended continuous period. In the event of such termination, we will provide you prior notice of such termination. This policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the reasonably extended period of inactivity. In other words, activity in one of the Services is not sufficient to keep your account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data ownership
If applicable, we respect your right to ownership of content created or stored by you. But you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as required for the purpose of providing the Services to you.
User generated content
You may not transmit or publish content created by us using any of the Services or otherwise. You are responsible for ensuring that you do not accidentally make any of our private content publicly available and ensuring that this information is not modified in any way. Any content that you may receive from us is provided to you AS IS for your information and personal non-commercial use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without our express written consent to such content. In the course of using any of the Services, you agree to respect any copyright notice(s) or any copy protection feature(s), and you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. Further, you expressly agree that we will have the right to block your use and access of the Services if we receive complaints concerning any illegality or infringement of our rights in such content. By using any of the Services, you expressly consent to determination of questions of illegality or infringement of our rights in such content by the agent designated by us for this purpose.
Sample files and applications
If applicable, we may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications may consist of random data. We make no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information in the sample files and applications.
Trademarks and service marks
The names of individual Services and their logos are our trademarks and service marks. You agree not to display or use, in any manner, our trademarks and service marks, without our prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL OUR ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless ourselves, its officers, directors, employees, contractors, suppliers, representatives, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of any party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is clearly authorized in advance by us.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with generally accepted commercial arbitration rules of a mutually agreed arbitration association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, we may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend or temporarily disable your use and access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to us within thirty days of being notified about the suspension. We may terminate a suspended or disabled user after thirty days. We will also terminate your use and access to whole or part of any Service on your request. In addition, we reserve the right to terminate your usage and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of usage will include denial of access to all Services and deletion of information commensurate of such termination.
END OF TERMS OF USE
Last updated on: February 25, 2013
