AppMakr Terms of Service
AppMakr ("AppMakr", "we" or "us") is an online service provider that provides a set of services and technology applications that enable users to create their own Mobile Apps utilizing our technology platform ("The Machine "). AppMakr is not involved in the management of apps created using The Machine, and is not involved in the decisions relating to the focus of The Apps or the Content uploaded or published to Mobile Apps using The Machine. These are your Mobile Apps and, as an App Publisher, you are responsible for managing them in all respects (including the actions, conduct, and Content of Your Users) in compliance with these Terms of Service ("Terms of Service" or "Agreement").
The AppMakr Service is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use The Machine or any part of the AppMakr Service. Any person who provides their personal information to AppMakr represents to us that they are 13 years of age or older.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Mobile App using The Machine as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity. By registering with us or using or browsing any part of the AppMakr services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using AppMakr' services at any time.
Mobile Apps - means mobile formatted HTML5 websites, and Native binary applications, created by Mobile App Publishers, using the AppMakr "Machine"
Content - means (i) any work of authorship in a Mobile App, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; (ii) other materials posted on or transmitted through any Mobile App created via the AppMakr Service. "Your Content" is any Content that you submit to a Mobile App or the The Machine, either as a User or Mobile App Publisher (each as defined below). If you are a Mobile App Publisher, Your Content includes the name, logo, icon, backgrounds, trademark, brand features and other Content that you make available. Content does not include Mobile App Code or AppMakr Platform Code.
App Publisher - is a user who creates, manages and operates one or more Mobile Apps via The Machine, offered as a part of the AppMakr Service. A Mobile App Publisher is by definition a User of each of his or her Mobile App(s).
User - are all end users of the AppMakr published Mobile Apps, including any unregistered browsers.
The Machine - A web-based self-service platform provided by AppMakr, for Mobile App Publishers to use in the creation of their own Mobile Apps.
2. YOUR CODE AND LICENSES TO YOUR CODE
You own all of Your Code that you create to interact with The Machine. AppMakr does not claim any ownership rights in Your Code. If you create any of Your Code to interact with AppMakr, subject to the licenses granted by you herein, you continue to retain any ownership rights you have and have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). At any point, you can take Your Code from Your Mobile App and cancel your account and AppMakr shall not retain any license rights, except as provided below.
You hereby grant AppMakr a non-exclusive, worldwide, transferable, royalty-free right and license to use, access, store, cache, publicly display and publicly perform Your Code (a) for the purpose of operating and making Your Mobile App available for interaction with the AppMakr service and in all current and future media in which any AppMakr materials or service may now or hereafter be distributed or transmitted; or (b) for our internal business purposes so that we may derive metrics and analytics relating to the AppMakr Service and Your Mobile App.
You are responsible for making sure that you have all rights in Your Code and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any AppMakr Technology. AppMakr disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Mobile App and is not responsible for protecting Your Code.
3. YOUR CONTENT AND LICENSES TO YOUR CONTENT AND MOBILE APP DATA
You own all of Your Content, Your Mobile App Data and other information that you upload to The Machine. AppMakr does not claim any ownership rights in Your Content or Your Mobile App Data. After posting Your Content, subject to the licenses granted herein, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to any Mobile Apps needs to comply with the terms of this Agreement. At any point, you can remove Your Content from Your Mobile App and cancel your account and AppMakr does not retain any license rights.
You hereby grant AppMakr, during the course of your usage of the AppMakr Service, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the purpose of operating and making Your Content and Network Data available on any part of the AppMakr Service, and in all current and future media in which AppMakr materials may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; You hereby agree that if Your Content is removed from any Mobile App, External Market or any part of the AppMakr Service due to a violation of these Terms of Service, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal content and/or media, AppMakr shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of AppMakr, any User or individual, or the general public.
You are solely responsible for Your Content and Mobile App Data. You are responsible for making sure that you have all rights in Your Content and media, including the rights necessary for you to grant the foregoing licenses to Your Content and Media. You understand that whether or not Your Content is published or marked private by you, AppMakr does not guarantee any confidentiality or privacy with respect to any of Your Content, Your Media or Mobile App Data.
Additionally, you understand and agree that Your Content and Mobile App Data that is displayed on any part of AppMakr' Service may continue to appear on any property owned by, or published by AppMakr, even after you have terminated your account, as portions of Your Content may have been incorporated into Users profiles, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that AppMakr may use and refer to your Network (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the AppMakr Service, and any products, goods, features, capabilities and/or services associated with the AppMakr Service.
As a Mobile App Publisher or User you acknowledge that AppMakr and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Mobile App or on any AppMakr property or publication, in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If a Mobile App publisher or User account is removed from the AppMakr Service, the Content associated with that Mobile App or Account may also be deleted at the discretion of the Mobile App Publisher or AppMakr. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Mobile App. You should be aware that AppMakr is not required and may not keep back-up copies of Content once a Mobile App or any of the Content therein is deleted. Additionally, AppMakr makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored and you should independently back-up and archive Your Content.
4. LICENSES FROM AppMakr
License to The Machine and any Mobile Apps built with The Machine.
During and subject to the terms and conditions of this Agreement, AppMakr hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use The Machine solely to enable your use and creation of Mobile Apps. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in The Machine Code or Mobile App Code.
You agree that, as between you and AppMakr, all the intellectual property rights in the AppMakr' Technology are owned by AppMakr or its licensors.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
Run, rent, lease, loan, or sell access to The Machine or any AppMakr' Technology.
Decompile or reverse engineer or attempt to access the source code of the software underlying The Machine, the AppMakr published Mobile Apps or any AppMakr' Technology.
Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any AppMakr' Technology.
Access any part of the AppMakr Service to build a product using similar ideas, features, functions, interface or graphics of the AppMakr Service.
Access (or attempt to access) any service on The Machine or any AppMakr Property, by any means other than as permitted in these Terms of Service.
Circumvent, disable or otherwise interfere with security related features of the AppMakr Service, or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the AppMakr Service or the Content and Third Party Content therein.
Access The Machine or any other AppMakr property to upload Your Code or Your Content to cause a breach of security to the AppMakr service or any Network or interfere with the proper working of the AppMakr Service or prevent others from using the AppMakr Service.
Delete the copyright and other proprietary rights notices on any AppMakr Property.
5. INDEPENDENT DEVELOPMENT; FEEDBACK
You agree that AppMakr may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing AppMakr from creating, using or offering for use such software, content and other items, without any obligation to you.
You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Mobile App or the AppMakr Service (including the Mobile App Code and Platform Code), including, without limitation, on any Blog, Mobile App, Website, Support Forum, or in connection with surveys we send to you. If you choose to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant AppMakr a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback.
6. AppMakr TRADEMARKS AND LEGAL NOTICES
AppMakr trademarks, logos, images, service marks, trade names and other distinctive branding features used on any part of the AppMakr Service are the trademarks of Infinite Monkeys Pte Ltd and may not be used without permission. Infinite Monkeys Pte Ltd is not granting you a license under any intellectual property right to these marks. Other trademarks, logos, and trade names that may appear on ay website or material published by AppMakr are the property of their respective owners.
7. AppMakr OWNERSHIP RIGHTS
You agree that, as between you and AppMakr, AppMakr owns all right, title and interest, including, all intellectual property rights, in and to the AppMakr Technology. Any rights not expressly granted herein, are reserved to AppMakr. You agree to abide by all copyright notices, information, or restrictions contained in any part of the AppMakr Service. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on any property published by AppMakr, including notices on any AppMakrTechnology you download, transmit, display, print or reproduce from or using the The Machine or any Mobile App published using AppMakr Technology.
8. SUPPORT AND INTERACTION FOR MOBILE APP PUBLISHERS
If you are a Mobile App publisher, AppMakr provides documentation to assist you in creating and enhancing Your Network(s). You are responsible for implementing and maintaining all support for Your Mobile App(s), including answering questions from Your Users. This includes, if you've customized the Mobile App Code yourself (only as authorized by AppMakr), fixing bugs that Your Users may or may-not find and tell you about.
9. ADVERTISING AND PROMOTION FOR NETWORK CREATORS
You agree that you will not at any time sell, run and/or serve third-party advertising on your Mobile App, except for those provided by AppMakr. This includes, but is not limited to: offers, programs, features and functionality relating to advertising, including deals with advertising partners and advertising networks.
YOU AGREE THAT APPMAKR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR MOBILE APP(S).
10. THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES
Mobile Apps may contain features and functionalities that allow access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that AppMakr will not be in any way responsible.
Additionally, Code, Content or Themes from Users, third parties, or advertisers, including, information about third party products and services and any Third Party Applications, ("Third Party Content") may be made available to you through the AppMakr Platform. The inclusion of Third Party Content in The Machine, or any other part of the AppMakr Service does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and AppMakr has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, AppMakr or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including any already used on any Mobile App) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the AppMakr Service you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the AppMakr Service at your own risk.
Additionally, AppMakr or third parties may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the AppMakr Service and the inclusion of any link in a Mobile App does not imply AppMakr's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. AppMakr expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the AppMakr Service. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
11. REPRESENTATIONS AND WARRANTIES.
You represent and warrant to AppMakr that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of The Machine, and any properties or Mobile Apps published by AppMakr, including your promotional or other activities that relate to Your Mobile App; (b) you have the right to grant to AppMakr the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code, Your Content, Your Themes and Your Art Assets (as defined below); (c) Your Code, Your Content, and Your Art Assets do not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content, Your Art Assets or Your Mobile App contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with any part of the AppMakr Service, or intercept or expropriate any system data or personal information from AppMakr.
12. ACCEPTABLE USE
AppMakr strives to keep our service and all Mobile Apps published via the Service "family friendly". As such, AppMakr does not allow any of the following content, or links to such content, to be published in your Mobile App(s):
Content of a pornographic, nudity, sexually explicit, violent or deviant nature;
Content of an illegal nature (including any stolen copyrighted material);
Pirated software sites, including cracking programs or cracking program archives;
Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous;
Content which infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
Content which engages in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the AppMakr Service in connection with Your Mobile App(s);
Content created and or published in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
Content that is harmful to minors in any way;
Use any profanity or the description or name of any illegal activity in the name of Your Mobile App or the description for Your Mobile App;
Mobile App Publishers posting any of the above content on their Mobile Apps will be notified using the Publisher's current email address on file, and given a 48 hour grace period to make any corrective actions. If no satisfactory corrective actions are taken, AppMakr will suspend the services of the Publisher's account until a resolution is met between AppMakr and the Publisher. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, AppMakr does not allow any of the following:
Publishers may not use the AppMakr Service as a remote storage server only.
Publishers may not access the AppMakr Service through automated methods. Use of robots or other computer code which calls the The Machine or any other property published by AppMakr, except where explicitly allowed, is absolutely forbidden.
Publishers may not upload individual files larger than 10MB. AppMakr reserves the right to refuse to host any downloadable file.
Publishers may not send unsolicited messages (also known as junk mail or SPAM) to promote any website or Mobile App published on the AppMakr Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on AppMakr's servers. Users deemed to be using AppMakr solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of AppMakr.
You agree not to authorize or encourage any third party to use the AppMakr Service or any of Your Mobile App(s) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify AppMakr in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
Violation of any of these policies may result in tracking information being stored to identify the offending Publisher, and permanent restriction from holding an account on any AppMakr Service.
13. MUSIC UPLOAD AGREEMENT
BY UPLOADING ANY MUSIC FILE TO THE AppMakr SERVICE, FOR THE PURPOSE OF USE WITHIN A MOBILE APP, THE ACCOUNT HOLDER HEREBY CERTIFIES THAT ACCOUNT HOLDER IS THE LEGAL AND WHOLE OWNER OF ALL RIGHTS INCLUDING, BUT NOT RESTRICTED TO THE PUBLISHING, COPYRIGHTS, MECHANICALS AND PERFORMANCE RIGHTS OF THE SAID MUSIC FILE AND THE ACCOUNT HOLDER HAS THE LEGAL RIGHT TO DISTRIBUTE THIS FILE. ACCOUNT HOLDER UNDERSTANDS THAT AppMakr WILL NOT BE HELD LIABLE FOR ANY AND ALL CLAIMS AGAINST THE DISTRIBUTION OF THIS MUSIC AND THE SALE THEREOF. ACCOUNT HOLDER CERTIFIES THAT THIS AUDIO FILE ADHERES TO THE AppMakr SUBMISSION POLICIES.
All Mobile App Publishers, by submitting this audio file, additionally agree to allow AppMakr to retain the right to distribution regardless of past or future agreements with production companies, record labels, publishing companies and performing rights organizations or any future agreement with any organization or business. Should the account holder close their account, AppMakr retains the right to continue offering any files originally uploaded by account holder for download by the public. AppMakr will not prevent account closure nor interfere with any future or past contract; We only retain the right to make the music available for download, particularly by the Users of any Mobile App that may have already been published and may or may-not be beyond our control.
14. MUSIC DOWNLOAD USER AGREEMENT
By downloading any audio files from any Mobile App published by AppMakr, all Users certify that they are 18 years of age or older and that their intent is not to redistribute this file, but to use it for their own personal use. Mobile App users understand that independent artists are just like artists who are signed to major labels and that their intellectual property and creativity must be protected. Mobile App Users therefore certify that this file is for my own personal use.
Chargeback / Refund Policy
AppMakr will not, under any circumstances, issue cash refunds for early contract cancellation. All AppMakr accounts begin an obligation-free trial which will allow you to evaluate the service and explore The Machine, building your Mobile App. Please sign up for a free 30-day trial first if you are unsure of whether or not you wish to pay for one of our premium services.
If you have a question about charges made to your account, please contact us immediately. If you notify us within 24 hours about charges that were in fact made in error, we will immediately credit your account or credit card account for the appropriate amount.
AppMakr has a zero tolerance policy for chargebacks. Any customer who disputes a credit card or Paypal payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
15. AppMakr ETIQUETTE AND PRIVACY
Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The network resources of AppMakr may not be used to impersonate another person or misrepresent authorization to act on behalf of others or AppMakr
All messages transmitted via AppMakr, or any app published by AppMakr should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
All users shall not attempt to undermine the security or integrity of computing systems or networks of AppMakr, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
AppMakr reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within Mobile App Publisher's profile on the AppMakr system.
16. AppMakr' RELATIONSHIP WITH PUBLISHERS & USERS
You acknowledge that AppMakr may terminate your account and remove your Content and other Mobile App Data, as well as disable your access to any and all AppMakr Mobile Apps and The Machine at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to AppMakr contacting you and users of Your Mobile App(s) in order to maintain compliance with these Terms of Service.
17. COPYRIGHT INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is AppMakr's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). AppMakr may remove any allegedly infringing Mobile App Code or Content without any liability to you.
AppMakr will promptly terminate without notice any User's access to the AppMakr Service, including access to any Mobile App, in appropriate circumstances where the Publisher is a "repeat infringer" of copyrights. Generally, AppMakr will consider a Publisher a repeat infringer if it has received more than two third-party notices of alleged infringement concerning Content or Mobile App Code posted by that Publisher on that Mobile App. AppMakr, however, reserves the right to identify and terminate Publishers and Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that Publisher or User. Additionally, if a Mobile App Publisher continues to allow its Users to post Content that is subject to notices of alleged copyright infringement, the Mobile App may (at AppMakr's sole discretion) be disabled and removed. In the case of such disabling, AppMakr will have no obligation to provide a refund of any amounts previously paid to AppMakr.
Additionally, if you are a Mobile App Publisher, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner's written notice (including any notices forwarded to you by AppMakr) that specified Content or Mobile App Code posted on Your Mobile App infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Mobile App Code, you agree to replace or cease disabling access to the Content or Mobile App Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaining party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to AppMakr.
18. TRACKING & STATISTICS:
19. DISCLAIMER OF WARRANTIES
YOUR USE OF THE APPMAKR SERVICE, ANY PRODUCTS, SUPPORT SERVICES, PROFESSIONAL SERVICES OR OTHER SERVICES OFFERED THROUGH THE AppMakr PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE AppMakr SERVICE, ANY PRODUCTS, SUPPORT SERVICES, PROFESSIONAL SERVICES OR OTHER SERVICES OFFERED THROUGH THE AppMakr PLATFORM, AND ALL MOBILE APP CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AppMakr AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. AppMakr AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE AppMakr SERVICE, ANY PRODUCTS, SUPPORT SERVICES, PROFESSIONAL SERVICES OR OTHER SERVICES OFFERED THROUGH THE AppMakr SERVICE OR ANY MOBILE APP CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AppMakr PLATFORM OR THE SERVER THAT MAKES THE AppMakr SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NING MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE AppMakr PROPERTIES OR YOUR MOBILE APP(S) (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON- AppMakr CODE WITH ANY AppMakr TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AppMakr SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AppMakr OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE AppMakr PLATFORM (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless AppMakr, Infinite Monkeys Pte Ltd, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
Your Code, Your Content, Your Mobile App Data, Your Art Assets or Your Mobile App;
Your use of any Non-AppMakr Code or Third Party Applications;
Your use or misuse of, or connection to, any AppMakr property or any services offered by the AppMakr properties;
Your use or misuse of Support Services, Professional Services or any other services offered by AppMakr;
Your breach or alleged breach of this Agreement;
Your violation of any rights (including intellectual property rights) of a third party;
Your breach or alleged breach of any agreement or policy between you and other Users or Mobile App Publishers.
AppMakr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AppMakr. AppMakr will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.AppMakr.com or elsewhere on the AppMakr published properties. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the AppMakr Services after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing Mobile App Publisher or User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.AppMakr.com or elsewhere on the AppMakr published properties. The revised version will apply to you immediately if you are a Mobile App Publisher or User who registers or first uses any part of the AppMakr services on or after the posting of the revised version.
22. TERM AND TERMINATION
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the AppMakr Services at any time and for no reason by contacting us at [email protected] or at the address set forth below in the "Contacting AppMakr" Section.
AppMakr has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of any of the published AppMakr properties or Mobile Apps, (ii) remove and discard any Code or Content within any Mobile App or anywhere on any of the AppMakr published properties, or (iii) shut down a Mobile App, including permanent deletion of any Mobile App Data, with or without notice, and with no liability of any kind to you.
If you terminate your account or we terminate your account for your actual or anticipated breach of your obligations under this Agreement, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Effects of Terminating
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Mobile App Data or Your Mobile App(s). AppMakr will not have any obligation to assist you in migrating your data, Your Content, Your Mobile App Data, Your Code or Your Mobile App(s) off of the AppMakr Platform and AppMakr does not keep any back-up of any of Your Code, Your Content or Your Mobile App Data.
The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 7, 13, 15, 19-23. For clarity, all the licenses granted by AppMakr hereunder shall terminate upon any expiration or termination of this agreement and AppMakr shall have no obligation to provide you with access to any product or service after the termination of these Terms of Service.
24. GOVERNING LAW; VENUE
This Agreement shall be governed by the laws of the Republic of Singapore, without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.
You agree to submit to the personal and exclusive jurisdiction of the Singapore International Arbitration Center located within Singapore for the purpose of addressing all such claims or disputes.
25. RELATIONSHIP OF THE PARTIES
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that AppMakr has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
The failure of AppMakr to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement or your AppMakr accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. AppMakr may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
AppMakr may provide you with notices, including those regarding changes to this Agreement or any of AppMakr' terms and conditions, by email, regular mail, or postings on the AppMakr websites. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the AppMakr Platform) are deemed given two (2) days following the initial posting.
27. CONTACTING APPMAKR
You may contact AppMakr in the following ways:
To submit an inquiry, click here.
AppMakr c/o Infinite Monkeys Pte Ltd
6 Shenton Way, Tower One, #32-01
Attn: Legal Monkey Cage