AppAttract Advertising Exchange Agreement
The terms of this agreement are deemed to have been entered into, and accepted, between you (hereinafter referred to as “the member”) and the registered owners of Appattract.com (hereinafter referred to as “Appattract advertising exchange”) which is an online information and advertising service and accessed from the website http://www.appattract.com.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the services provided on this web site. Appattract advertising exchange may modify this agreement at any time, and such modifications shall become effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Appattract advertising exchange, its subsidiaries, or other related entities or third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Appattract advertising exchange a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Appattract advertising exchange by all means and in any media now known or hereafter developed. You also grant to Appattract advertising exchange the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Appattract advertising exchange for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Appattract advertising exchange.
Appattract advertising exchange is supported by subscriptions from members, and by displaying advertisements and promotions in the form of an Advert Exchange, where you, the member agrees to display advertising content on other members media, apps, applications, mobile phones, websites and any other internet or mobile telephone based networks, in exchange for placing other members adverts on your comparable media.
The manner, mode and extent of delivery of advertising by Appattract advertising exchange is subject to changes, and Appattract advertising exchange reserve the right to make these changes at any time. All subscribed members of Appattract advertising exchange using, displaying or otherwise promoting any advertising medium using the facilities and or services of the Appattract advertising exchange system agree that Appattract advertising exchange may display and serve such advertising as aforementioned, and that Appattract advertising exchange shall not be responsible or liable for any loss or damage of any kind incurred by you, the member, as a result of the presence of such advertisers on any of Appattract advertising exchanges, or any subsequent dealings with members advertising, which may be the result of other members advertising activities.
By creating any advertisements on the Appattract advertising exchange, you agree that you have the legal rights to distribute all content (including all images) which you have provided or submitted for inclusion in to the Appattract advertising exchange . You, as a member are responsible for compliance with all applicable laws and regulations in the location(s) in which you have chosen to operate from, or target your advertising too, and you, as the registered member, hereby agree to indemnify Appattract advertising exchange against any actions or litigations which may arise as a result of content which you may have submitted to Appattract advertising exchange.
Appattract advertising exchange claims no ownership or control over any content submitted, posted or displayed by you the member on or through the Appattract advertising exchange. You or any third party licensor retain all patent, trademark and copyright to any content which you may submit, post or display on or through the Appattract advertising exchange, and you, as a condition of membership of the Appattract advertising exchange, are responsible for protecting those rights, wherever and as may be appropriate. By submitting, posting or displaying content on or through the Appattract advertising exchange which are intended to be made available or viewed by members of the public, you grant Appattract advertising exchange, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on the Appattract advertising exchange for the purpose of displaying, distributing and promoting any product or services, using the Appattract advertising exchange. Appattract advertising exchange reserves the right to syndicate any content submitted, posted or displayed by you on or through the Appattract advertising exchange and use that content in connection with any service offered by Appattract advertising exchange.
Limits on Content: Appattract advertising exchange is a place for people of varying ages, backgrounds and from all walks of life. Because of this, we strive to create a community where everyone feels welcome, and thus there are limits on the types of content that can be uploaded. Broadly, we prohibit anything that is derogatory to somebody else; anything that you didn’t create; or anything that is illegal. The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone’s rights of privacy or publicity; defames or libels somebody; infringes somebody’s copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person’s consent.
?Because Appattract advertising exchange actively supports our community of Users, we may refuse to post your Content, remove your Content or terminate your Membership at any time, with or without prior notice or explanation, without liability and without any refunds of any fees, paid items, membership subscriptions or any other additional services, for any or no reason
Appattract advertising exchange furthermore reserves the right not to accept, post, display or transmit any content at its sole discretion. Appattract advertising exchange reserve the right to refuse or remove any content which it deems unsuitable content whatsoever. Any violation of these terms and conditions by you, as a member, of the Appattract advertising exchange will be removed from the system forthwith without recourse, and legal proceeding may be instigated against you for submitting, or attempting to submit such material to the Appattract advertising exchange.
Appattract advertising exchange services may provide, or third parties may provide, links to other media, apps, applications, mobile phones, websites and any other internet, or World Wide Web location, or mobile telephone based networks or resources. Appattract advertising exchange may have no control over such sites and resources and you, as a member of the Appattract advertising exchange acknowledge and agree that Appattract advertising exchange is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any such content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Appattract advertising exchange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Appattract advertising exchange. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
5. USE OF THE SITE.
You understand that, (except for information, products or services clearly identified as being supplied by Appattract advertising exchange), that:-
a. Appattract advertising exchange does not operate, control or endorse any information, products or services on the Appattract advertising exchange in any way. Except for App Attract- identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties, that are not affiliated with the Appattract advertising exchange.
b. You also understand that Appattract advertising exchange cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
c.You assume total responsibility and risk for your use of the site and the internet. Appattract advertising exchange provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Appattract advertising exchange shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Appattract advertising exchange does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected..
d. You understand further that the pure nature of the internet contains unedited materials some of which may be sexually explicit or may be offensive to you. Your access to such materials is at your risk. App attract has no control over and accepts no responsibility whatsoever for such materials.
6. LIMITATION OF LIABILITY
In no event will Appattract advertising exchange be liable for:-
(i). any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Appattract advertising exchange or its authorized representatives have been advised of the possibility of such damages.
(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Appattract advertising exchange liability is limited to the greatest extent permitted by law
(iii). Appattract advertising exchange makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- Appattract advertising exchange web site, please understand that it is independent from Appattract advertising exchange, and that Appattract advertising exchange has no control over the content on that web site. In addition, a link to a Appattract advertising exchange web site does not mean that Appattract advertising exchange endorses or accepts any responsibility for the content, or the use, of such web site.
(iv). You use the Site at your own risk and the Site and services are provided “AS IS.”
(v). We do not claim that Appattract advertising service will meet any of your specific needs or that you’ll get any particular results if you use the Site. We’re not responsible for the conduct of other users conduct on- or off-line.
(vi). We encourage you to always keep backups of your Content. Appattract advertising exchange is not responsible if any of your Content is deleted, or if any modification, suspension, or discontinuation of the Site or services causes you to lose any Content.
(vii). While we make an effort to keep the Site up and running at all times, we’re also not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
(viii). We’re not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
(viiii). The Site may contain links to other websites, wholly unrelated to Appattract advertising exchange – even if posted on the Site. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of that other site. We recommend that you check out that site’s terms and policies.
You agree to indemnify, defend and hold harmless Appattract advertising exchange, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
8. Third Party Rights.
The provisions of paragraphs 5 (Use of the Service), and 7 (Indemnification) are for the benefit of Appattract advertising exchange t and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 5 (Use of the Service), 7 (Indemnification), 8 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America, and also of the United Kingdom. You agree that any legal action or proceeding between Appattract advertising exchange and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. App Attract’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. App Attract may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.