Terms of service

Last edited: November 2013

Welcome to Apptic.me. Apptic.me is a collection of Web pages and services (collectively, “Apptic.me”) operated by Apptic LLC and its affiliates (collectively “Apptic” or “we”) who provide the services offered on Apptic.me to you subject to the following Terms of Service. Please read them carefully. Your use of Apptic.me constitutes your acceptance of these Terms of Service. Apptic may modify these Terms of Service from time to time in its sole discretion. If the changes we make to our Terms of Service are significant, we will notify you on this webpage that our Terms of Service have been revised.

Ownership and Use

Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on Apptic.me (collectively the “Materials”) is the property of Apptic, or their suppliers, and is protected by United States and international copyright laws. You may access and use Apptic.me and the Materials only for your personal and non-commercial use. You may not modify or use the Materials for any other purpose, except with the express written consent of Apptic.

Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any Materials on Apptic.me.

Any Materials made available for download from Apptic.me are licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the Materials. If the Materials are not accompanied by a license agreement, the following terms shall apply: Apptic hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the Materials on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the Materials or create derivative works from the Materials.

You may not link to or frame Apptic.me or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Apptic without obtaining Apptic’s express written consent.

You may not use any meta tags or any other "hidden text" utilizing Apptic’s name or trademarks without the express written consent of Apptic. Any unauthorized use terminates the permission or license granted by Apptic.

Submissions

“Submissions” means any of your creative ideas, suggestions or proposals for Apptic products or services. While Apptic loves to hear from its customers regarding their experiences with Apptic Products and Services, Apptic does not accept for review or consider any unsolicited Submissions. The purpose of this policy is to avoid future misunderstandings that may occur if an idea that is submitted is identical or similar to one being used or developed by Apptic or another company. Therefore, Apptic requests that you please do not submit unsolicited Submissions to Apptic.

If you do make such an unsolicited Submission, despite our request that you not do so, you acknowledge that (i) such Submission is not being made in confidence or trust, (ii) you have no expectation of compensation or consideration of any kind, and (iii) you grant, or warrant that the owner of any such Submission has expressly granted, to Apptic a worldwide, royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, translate, publish, distribute, perform, prepare derivative works of and otherwise fully exploit such unsolicited Submission without any liability whatsoever.

You further represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) your Submissions are not false or misleading and do not and will not infringe any right of any third party.

Other Policies; Privacy

Your use of Apptic.me is subject to other Apptic policies or rules posted on Apptic.me. For example, the collection and use of your personal information is governed by our Privacy Policy, which can be viewed at www.apptic.me/privacy.php. We reserve the right to make changes to Apptic.me, the policies, and these Terms of Service at any time. Your continued use of Apptic.me constitutes your agreement to those changes.

Links to Other Sites

Other websites linked from Apptic.me are not under Apptic's control and Apptic does not assume any responsibility or liability for any communications or materials available at such linked sites. The links are provided for convenience only and Apptic does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Apptic shall not be responsible or liable for any part of any such interactions.

Electronic Communications

When you visit Apptic.me or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Export and Import Compliance

Your use of Apptic.me and any Materials made available for download from Apptic.me may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not (i) located in a country to which U.S.–origin software may not be exported or re-exported, or (ii) identified on any government export exclusion list, including but not limited to the U.S. Government’s Denied Persons, Entity, and Specially Designated Nationals and Blocked Persons Lists, nor will you transfer or release any Materials made available for download from Apptic.me to these countries or any parties identified on such lists in violation of these laws.

Payment

All payments for products purchased through Apptic.me must be made by VISA, MasterCard, American Express or PayPal or through redemption of valid coupon codes or gift certificates. Apptic does not accept checks, cash or other forms of payment.

You must provide true, accurate, and complete information about yourself and provide a valid, non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or Apptic has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Apptic has the right to void related financial transactions, to revoke any associated software licenses resulting from such transactions, and to refer to appropriate authorities the details of such incidents.You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.If you are a parent or guardian paying on behalf of a minor or other person, then you hereby agree to these Terms of Service and agree to take responsibility for the actions of such other person, any charges associated with that person's use of any of the services, software or content provided, and that person's compliance with these Terms of Service.

Disclaimer of Warranties

APPTIC.ME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPTIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF APPTIC.ME OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR DOWNLOADED FROM APPTIC.ME. YOU EXPRESSLY AGREE THAT YOUR USE OF APPTIC.ME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APPTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPTIC DOES NOT WARRANT THAT APPTIC.ME, ITS SERVERS, E-MAIL SENT FROM APPTIC OR INFORMATION, CONTENT, MATERIALS OR PRODUCTS ACCESSED OR DOWNLOADED FROM APPTIC.ME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

APPTIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF APPTIC.ME OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS DOWNLOADED FROM APPTIC.ME, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF APPTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold harmless Apptic, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, or your violation of applicable law, rule, regulation or third party right.

Applicable Law

For users located within North America. If you are located within North America, you agree that the laws of the State of California, USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods, will govern these Terms of Service. You irrevocably consent to the exclusive jurisdiction and venue of a state or federal court located in San Ramon, California USA for any dispute arising out of and relating to your use of Apptic.me. You hereby consent and submit to the personal jurisdiction of such court.

For users located outside of North America. If you are located outside of North America, you agree that the laws of the United States, excluding its conflict of laws rules, and specifically excluding the United Nations Convention on Contracts for the sale of International Goods, will govern these Terms of Service. You agree that the courts of your home country and the courts of the United States shall have jurisdiction to hear and determine any suit, action or proceeding that may arise out of, or in connection with, these Terms of Service.

General

No delay or failure to take action under these Terms of Service shall constitute any waiver by Apptic of any provision of these Terms of Service. If any provision of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. These Terms of Service are personal to you and may not be transferred, assigned or delegated to any third party.

Procedure for Making Claims of Copyright Infringement

Apptic respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Apptic with the written information specified below. Please note that this procedure is exclusively for notifying Apptic and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A description of the copyrighted work that you claim has been infringed upon; and
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable; and Your address, telephone number, and e-mail address; and
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Apptic’s Webmaster for notice of claims of copyright infringement on its site can be reached as follows:

Apptic
Attention: Webmaster
phone: (925) 786-1384
webmaster@apptic.me