- Your Account and Site on 1appsmarket.com
If you create a blog and/or site on the Website, you become solely responsible for maintaining the security of your account and blog/site, and you take full responsibility for any actions performed in connections with this blog/site and other activities that take place on or through your account. Note that herein you agree not to assign or describe keywords to your blog/site in a misleading or unlawful manner as well as intentions to trade on other’s name or reputation. We also reserve the right to replace or change any keyword and/or description that we consider unacceptable, inappropriate or illegitimate, or otherwise likely to cause 1appsmarket liability in other aspects. In the case of any unauthorized access or use of your blog/site, account or you notice any other security breached, you must immediately notify 1appsmarket. We will not be liable for any of your acts or omissions, including damage caused to your data of any kind as a result of such actions.
- Contributors’ Responsibilities
Maintaining your blog, publishing comments on it, posting any material or links on the Website, or otherwise make or share (or permit any third party to make or share) material available through the Website (hereinafter referred to as “Content”), you assume full responsibility for it, and any damage caused by it, regardless of whether this Content includes text, graphics, audio file, or software. Therefore, when you publish and make available the Content on our Website, you confirm and guarantee that:
- any use, downloading and copying of the Content will not break the intellectual proprietary rights, including but not limited to the copyright, patent rights, trademarks, or trade secrets of any third party;
- in case the rights of the intellectual property and the Content you create or share belong to your employer, you have either (i) received consent from your employee for its publication or sharing, or (ii) your employ has conveyed you all the necessary rights in or to the Content;
- you have acknowledged the third-party licenses concerning the Content, and have taken all necessary measures to pass through any required terms and conditions to end users;
- the Content does not include or install any harmful or destructive malware (including but not limited to computer viruses, Trojan horses, worms, logic bombs, corrupted data, harmful components or other malicious software);
- the Content does not contain randomly or machine-generated materials (that is not spam), and does not contain unwanted, unlawful or unethical advertisement or commercial content posted for the purpose of driving traffic, boosting search engine rankings of any third party sites, or to further illegal actions like phishing, or misinforming and misleading users about the source of information (i.e. spoofing);
- the Content does not contain any prohibited materials, such as pornographic information, threats or acts of violence towards individuals, entities, and does not violates the private and/or public righted of any third party;
- you do not advertise your blog through unsolicited promotional methods like spam links, unwanted electronic messages, email lists, other blogs or websites, etc.
- your blog’s name or its URL does not deceive its readers and visitors, misrepresenting you as another person or company. For example, the blog’s URL or its name is not the name of someone else other than yourself or your company; and
- if your Content contains software code, you have properly described and/or classified the nature, type, effects, and usage of materials, whether or not it is required by 1appsmarket.
Each time you submit the Content to 1appsmarket for publication on the Website, you give us a world-wide, royalty-free, and non-exclusive rights to change, reproduce, adapt and publish the Content solely for the purpose of display, distribution, and promotion of you blog. If you decide to delete the Content, we will take the appropriate actions to remove it from our Website. However, you should bear in mind that caching or references to your Content can not be removed in an instant.
We reserve the right in our sole discretion to (i) reject or remove any content that, in our reasonable opinion, violates any policy or is in any way objectionable or harmful, or (ii) forbid or deny access to and use of 1appsmarket to any individual or entity for any reason, at our own and sole discretion. Moreover, we are not bound to provide a refund of any amounts paid previously.
- Our Services
You can choose any service or product provided on our Website. 1appsmarket may also include fees in any other communication, or depending on the chosen service. Please note that we do not compensate any payments, they are non-refundable.
By signing up and creating your account at 1appsmarket, you agree to pay fees, such as applicable setup fees and recurring ones, if there are any. Note that applicable fees are charged from the day you start using the service and in advance of using the service. We leave the right to change any payment terms and fees at any time without prior written notification to you.
- Responsibilities of Visitors
1appsmarket cannot and does not revise all the Content, including software code posted on the Website, and therefore, does not assume any responsibility for that Content, its effects, and use. Being the owner and operator of the Website, 1appsmarket does not advert or state that it gives its approval for the material posted on the Website, and does not intend to claim that such Content is correct, useful or non-harmful. You remain solely responsible for taking necessary precautions in order to protect yourself or your system from viruses, worms, Trojan horses, and other harmful or destructive data.
Mind that the Website may include materials that are offensive, indecent or objectionable, or otherwise have typographic mistakes, technical errors, and other inaccuracies. It may also include content that violates the privacy or publicity rights of any third party, downloading, copying or use of which is the subject to additional terms and conditions, no matter if stated or not. We are not responsible for any harm or damage resulting from the visitor’s use of the Website, or from any other visitor’s actions, such as downloading the content available there.
- Content on Other Websites
1appsmarket cannot and does not revise all the Content, including software code of other websites and web pages that are available through the links provided on 1appsmarket.com, and those that link to 1appsmarket.com. We do not control such web pages and websites, and therefore, do not take responsibility for the content they publish and provide. By providing links to non-1appsmarket websites and pages, we do not claim or ascertain that we endorse those websites and web pages. You are solely responsible for taking appropriate precautions to protect yourself or your system from any viruses, worms, Trojan horses, and other harmful or destructive data. 1appsmarket is not responsible for any damage or harm caused by your use of such websites and web pages.
- Copyright Related Claims and DMCA Policy
1appsmarket respects the intellectual property rights of others. If you think that the material posted on or linked to by 1appsmarket.com that violates your copyright, please notify us via email or regular mail of the copyright infringement according to our Digital Millennium Copyright Act (DMCA) Policy. We will respond to all such notices, and if it is required, remove the infringing material or disable links to it. 1appsmarket has the right to block or terminate the account(s) and access(es) to the Website of all visitors who repeatedly violate copyright or other intellectual property rights, under relevant circumstances. In such case, 1appsmarket will not be obliged to compensate or make refunds of any amounts previously paid to 1appsmarket.
- Intellectual Property
Under this terms and conditions, 1appsmarket does not transfer to you any of intellectual property which belongs to 1appsmarket or third parties, and all such property rights, title, and interest will remain (as between the parties) solely with 1appsmarket. Everything used in relation with 1appsmarket, or the Website, that is the name, logo, and other trademarks, service marks, graphics, are trademarks or registered trademarks of 1appsmarket or its licensing authorities. Other trademarks, logos, graphics not mentioned above that are used in relation with our Website may be the trademarks of third parties. Hereby, you acknowledge that by using our Website you do not obtain any right or license to copy, reproduce, or likewise use any trademarks owned by 1appsmarket or other third parties.
- Attribution Links
We retain the right to place links with attribution, such as “Blog at 1appsmarket.com”, theme name of the author, or font attribution in the toolbar or footer of your blog.
- Partners’ Products
1appsmarket retains the right in its sole and absolute discretion to remove, replace or modify any part of this Agreement. This makes you fully responsible for checking these terms of service for changes and updates. All amendments automatically come into effect immediately after they are published on the Website, and any further use of the site occurring after such date becomes a subject to this Agreement. You continued access and use of the Website after published updated Agreement on the site hereby supposes your acceptance of the terms and conditions and their modifications. All new services and/or features that we offer through the Website in future shall also be subject to this Agreement.
We retain the right to terminate your access to the Website at any time without prior notification, with or without cause, or immediately in case you breach this Agreement. By terminating the usage of the Website, your right to use our service immediately ceases, and you agree and accept that 1appsmarket has the right to remove your account immediately.
In accordance with these terms and conditions, 1appsmarket shall not be liable to you or any third party for termination of your account.
1appsmarket provides the Website and all the materials available on it “as is”. Neither we, nor our licensors and suppliers grant or make (and thus exclude) any representations, warranties, whether they are implied, expressed, or likewise with respect to the services, including but not limited to any warranties of merchantability, concordance with a particular purpose, satisfactory quality, fitness or non-infringement.
We, our licensors and suppliers do not guarantee that the Website will operate without interruptions, and will be continuously timely, secure, or error-free. You hereby acknowledge and agree that when downloading, or otherwise obtaining services and content through the Website, you do it solely at your own risk.
- Liability Limitations
1appsmarket, or its licensors or suppliers, assume no obligations with respect to any subject matter of this agreement which is associated with any negligence, contract, strict liability or any other legal or equitable theory for: (i) any corruptions or damages, whether intentional, incidental or consequential; (ii) products’ and/or service’s costs to substitute the damaged ones; (iii) interrupted use, loss or other corruption of data; or (iv) any amounts bigger than the fees collected from you by 1appsmarket under this Agreement prior to the cause of action. We will not be liable for any failure or delay due to matters beyond reasonable control. The above shall be applied to the extent restricted by the applicable law.
- General Representation and Warranty
You hereby accept and agree to indemnify 1appsmarket, its licensors, and its contractors, as well as their respective directors, officers, employees, and agents from and against all expenses and claims, including the fees of attorney that may arise in relation to the Website, including among others your violations of this Agreement.
- Other Terms and Conditions
This Terms of Service imposes the entire agreement between you and 1appsmarket on the subject matter hereof.
Therefore, it may only be changed by authorized executives of 1appsmarket or directly by 1appsmarket by means of publicizing the revised version. Any use or access to the Website will be controlled and governed by the UK law, except when the applicable law, if any, states otherwise, excluding its law provision conflicts, and the venue for any disputes regarding to or arising from any of the same will be subject to the exclusive jurisdiction of the UK based state and federal court.
Except of claims for injunctive or equitable relief or claims in respect to the intellectual property rights (that may be solved in any competent court without bond posting), any other proceedings and disputes arising under this Agreement shall be eventually settled in compliance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in compliance with these Rules.
The arbitration shall take a course in the United Kingdom, in English language, leaving the final decision to be enforced by any court. The attorney’s fees and costs shall be assigned to the prevailing party in any action or proceeding in respect to this Agreement. The part of this Agreement that is found ineffective or unenforceable, if any, will be explained to reflect the original parties’ intent, and the rest portions with remain in effect and force. The rejection of either party of any terms or conditions of this Agreement or any breach thereof, in any circumstance, by no means will disclaim such terms or conditions or any proceeding violation thereof. You may assign your rights under this Agreement to any party that gives its consent to be bound by terms and conditions of this Agreement. 1appsmarket may assign its rights under this Agreement without condition.
This Agreement will be binding upon, their successors and permitted assigns, and will act in the interests of the parties.