AppAttract Advertising Exchange Web Site Agreement
The AppAttract Advertising Exchange Web Site (the "Site") is an online information
service provided by AppAttract Advertising Exchange ("AppAttract Advertising Exchange "),
subject to your compliance with the terms and conditions set forth
below. 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 SITE. AppAttract Advertising Exchange MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
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 affiliates or other 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.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
AppAttract Advertising Exchange. Other product and company names
mentioned in the Site may be the trademarks of their respective
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by AppAttract Advertising Exchange,
AppAttract Advertising Exchangedoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
AppAttract Advertising Exchange-
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
AppAttract Advertising Exchange a. 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.
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.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
AppAttract Advertising Exchange HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
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, OR (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.
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.
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
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of AppAttract Advertising Exchange 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), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (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. 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. AppAttract Advertising Exchange'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. AppAttract Advertising Exchange may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Cookies and Web Beacons
We also visualize third party advertisements onto support our site. Few of these advertisers may use technology such as cookies and web beacons when they advertise on our site that also send these advertisers (such as AppAttract through the AppAttract program) information including your IP address, your ISP , the browser used by you to visit our site, and in some cases, whether you have installed Flash. Such application is generally applied for geotargeting purposes, e.g., (showing New York real estate ads to someone in New York) or showing certain ads, based on specific visited sites (such as showing cooking ads to someone who frequents cooking sites).
Any rights not expressly granted herein are reserved.
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