APPENDME TERMS OF SERVICE
Last Modified: March 26, 2015
Thank you for choosing APPENDME. Please read the following terms and conditions carefully.
The Online Services are offered to users who are 13 years of age or older and reside in the United States. Notwithstanding the foregoing, APPENDME's marketplace services (the "APPENDME Marketplace") are available only to, and may only be used by, individuals who are 18 years of age or older who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use the APPENDME Marketplace only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age, and in that case, the adult is the user and is responsible for any and all activities.
By using these Online Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Online Services.
1. TERMS SUBJECT TO CHANGE
The Online Services are provided for your use, conditional upon your acceptance without modification of the Terms. We provide you with a variety of resources, including but not limited to posting comments and sending messages, connecting with friends, displaying audio and video, buying and selling products, and sharing posted content on multiple social media platforms.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees will still apply.
3. YOUR LICENSE TO USE THE ONLINE SERVICES
APPENDME gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by APPENDME as part of the Online Services, subject to these Terms.
4. NO UNLAWFUL OR PROHIBITED USE
Your access to and use of the Online Services are subject to these Terms and all applicable laws.
You are responsible for procuring any equipment or services, including, but not limited to, the mobile device and associated cellular, data, or internet services necessary to operate and utilize the Online Services, particularly the APPENDME mobile phone application, as well as any fees associated with such equipment or services. You may use the APPENDME mobile phone application only on a device that you own or control and as permitted by any usage rules established by your device manufacturer, operating system, mobile data carrier, or other third party. You may not use the APPENDME mobile phone application on any device you do not own or control, and you may not make the application available over a network.
You may not use the Online Services in any manner that could disable, overburden, or impair any APPENDME server, or interfere with any other person's use and enjoyment of the Online Services, other accounts, computer systems, or networks connected to any APPENDME server or to the Online Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Online Services. You may not send or store material containing viruses or other harmful codes or elements. You also may not disrupt the integrity or performance of the Online Services or the data contained therein. You may not use the Online Services for any benchmarking or competitive purposes.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
You agree and acknowledge that APPENDME, and, where applicable, its licensors and service providers, are the owners or licensees of all rights in the Online Services and the materials that appear on the Online Services (excluding content provided by users), and that you will not challenge those rights or do anything that might impair or damage those rights. These Online Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. Any unauthorized use of the by APPENDME may violate such laws.
Under no circumstances may you use any of APPENDME's trademarks, logos and service marks used and displayed on the Online Services, except as provided in these Terms or as otherwise authorized by APPENDME. Any other use is strictly prohibited. Nothing on these Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks without the written permission of the trademark owner. You may not remove, delete, alter or obscure any trademark, copyright, patent or other intellectual property or proprietary notice associated with APPENDME's materials on the Online Services.
APPENDME respects the intellectual property rights of others. If you believe that any of your work was copied by another in a way that infringes your copyrights and is posted on the Online Services, please provide APPENDME with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Online Services; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to APPENDME's designated copyright agent as set forth below:
AppendMe Intellectual property
P.O. Box 202
Sadsburryville, PA 19369-0202
6. INFORMATION PROVIDED BY YOU
The content you publicly submit, post, or display via the Online Services may be viewed by other users or through third-party applications or websites. Confirm your account settings to control who can see your content: By clicking on the upper left side menu bar. You understand that information transmitted over public networks may be accessed by third parties, and APPENDME will not be liable for any such unauthorized disclosure.
By submitting, posting, or displaying content via the Online Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the content in any and all media. Any material information or idea you publicly transmit to or post via the Online Services will be treated as non-confidential and non-proprietary, and may be disseminated or used by APPENDME for any purpose whatsoever. Any contact or communication which you may make with us or our employees via these Online Services must be for APPENDME business-related purposes and is property of APPENDME, and subject to review and monitoring by us.
You agree that you own or control all rights in and to the material you upload and have the right to grant the above license. You acknowledge that you are responsible for any material you submit or contribute, and you, not APPENDME, have full responsibility for such content, including its legality, reliable, accuracy, and appropriateness. We may not monitor or control all the content posted by users via the Online Services, so any use or reliance on such content is at your own risk.
You may not upload any material to the Online Services that infringes any proprietary right, including, but not limited to, copyrights or trademarks. You also agree not to upload any material that is obscene, libelous, defamatory, harassing, hateful, exploitative of or harmful to minors, or racially, ethnically or otherwise objectionable, or any other material that could give rise to any civil or criminal liability under the law. You agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to "stalk" or otherwise harass another or store personal data about other users. You agree not to disseminate unsolicited advertising or promotional material of any kind, including "spam."
You understand that by using the Online Services, you may be exposed to offensive, inaccurate, or otherwise inappropriate postings. Under no circumstances will APPENDME be liable in any way for any content.
We have the right, but not the obligation, to remove or take any action with respect to any material uploaded, for any or no reason, in our sole discretion, including if we believe such material violates these Terms, infringes any intellectual property or other right of any person or entity, threatens the personal safety of users of the Online Services or the public, or could create liability for APPENDME. We also have the right, but not the obligation, to terminate or suspend your access to all or part of the Online Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Services. We also have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
APPENDME provides you with the opportunity to connect with friends through the Online Services. Please be sure to connect only with people you know. Although we provide rules for user conduct, we do not control or direct users and are not responsible for the conduct of any user or third party, or the content or information any user or third party shares via the Online Services or otherwise.
7. THIRDPARTY CONTENT
The Online Services may display, make available, or provide you with access to third-party content, websites, applications, or services, including through third-party advertising (the "Third- Party Materials"). The Online Services also may provide you with a means of sharing content on other third-party websites or applications, including third-party social media networks.
You acknowledge and agree that APPENDME is not responsible for these Third-Party Materials, including their accuracy, completeness, legality, or any other aspect thereof. Providing access to the Third-Party Materials does not necessarily imply endorsement by or affiliation to APPENDME. APPENDME does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. The Third-Party Materials are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
8. SAFEGUARDING YOUR MATERIALS AND HARDWARE
You understand that APPENDME cannot and does not guarantee or warrant the Online Services, or any files available for downloading from the servers and networks associated with the Online Services, will be free of viruses, worms, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for maintaining the security of your software and hardware, and for maintaining a means external to the Online Services for the reconstruction of any lost data.
9. THE APPENDME MARKETPLACE
APPENDME provides a forum for selling and buying goods and services, subject to these Terms. The actual contract for sale is between the seller and buyer. Because APPENDME is not directly involved in the transaction between a seller and buyer, APPENDME has no control over the quality, existence, safety, morality, or legality of any aspect of the goods or services listed, the accuracy of the listings, the ability of sellers to sell the offered goods or services or the ability of buyers to pay for the goods or services. APPENDME also is not responsible or liable for any content contained in the listings for the offered goods or services, including but not limited to product information or images.
APPENDME cannot guarantee the true age or identity of a user. You should communicate directly with the seller or buyer by using the contact information associated with a given listing. APPENDME also cannot guarantee that a seller or buyer will complete a transaction. APPENDME does not transfer legal ownership of items sold from the seller to the buyer.
To use the APPENDME Marketplace, you must create a user account according to these Terms.
You may create an account and post a listing on the APPENDME Marketplace for free. The only fee that APPENDME collects through your use of the Online Services is a small percentage of each transaction made via the APPENDME Marketplace.
You are responsible for paying all fees and applicable taxes associated with using the APPENDME Marketplace, including the purchase, sale, shipping, or returning associated with a given transaction.
APPENDME does not save information you use to make purchases via the APPENDME Marketplace. As soon as you have completed a transaction, your information is deleted from the Online Services to ensure it remains private. Your information may be saved by one of the referenced thirdparty services, however.
Sellers are required to accurately list their items or services, and buyers are responsible for reading a given listing in its entirety before making a purchase. All sales are binding.
As a seller, you must create your own payment, shipping, and returning policies in good faith, subject to these Terms, and abide by them. APPENDME strives to create a transparent system that is easy to use. Accordingly, you must clearly set out these policies. You are responsible for their enforcement.
You must charge a price that accurately represents the value of the goods or services. All prices must be listed in U.S. dollars. You may charge reasonable shipping and handling fees to cover the cost of packaging and mailing items you sell. You may not charge excessive fees or otherwise avoid fees. You may not alter the price of a product or service after its sale. APPENDME, in its sole discretion, has the right to ask you to change any information or policy you post in connection with your listing.
By posting content in APPENDME's marketplace, it is possible for a third party to repost this content on another application or website. You agree that APPENDME is not responsible for this use. APPENDME also is not responsible for userinitiated online or offline meetings or events, or other interactions among users.
Any listing you post may remain online for a period of 60 days. Before the end of the 60day period, you will receive notice that your listing is due to expire. At that time, you will have the opportunity to renew your listing for an additional 30 days.
In addition, you may not:
- As a seller, fail to deliver an item or provide a service sold by you in a prompt manner.
- As a buyer, fail to deliver appropriate payment in a prompt manner.
- Offer for sale unsafe, illegal, counterfeit, or stolen goods or services, or goods or services that you are not authorized to provide under any applicable law, regulation or order.
- Offer for sale a product or service that infringes on any third party's intellectual property or other proprietary right, or any right of publicity or privacy.
- Interfere with any other user's listing.
- Take any action that may underline the ratings system.
If we believe you have engaged in any of the inappropriate activities mentioned above, or otherwise acted inappropriately, we may, in our sole discretion, take any steps to prevent and mitigate such conduct, including but not limited to deleting listings or suspending or terminating your user account.
You may obtain another user's personal information through a transaction. This information should only be used for purposes of completing the transaction or as part of a communication with APPENDME.
If a dispute arises between you and another user or third party, you should contact the user or third party in an attempt to resolve the dispute amicably. If you are unable to resolve the dispute, then you may utilize the dispute resolution service offered by the thirdparty service you used in your transaction, namely, PayPal, Authorize.net, or Stripe. You can find information about these dispute resolution services here: https://stripe.com/help/disputes You agree that APPENDME is not responsible for any claims, demands, or damages associated with disputes, and has no obligation to help you resolve any dispute or issue.
APPENDME provides you with the ability to rate your interaction with another user and post feedback or reviews regarding the user or the goods or services offered for sale. You are encouraged to be respectful when using the ratings system and only post truthful and accurate information.
10. CONSENT TO USE OF DATA
11. LINKING AND SOCIAL MEDIA FEATURES
The Online Services may provide certain social media features that enable you to link to thirdparty applications or websites or cause portions of the Online Services to be displayed on your own or on third party applications or websites. The Online Services also may provide certain social media features that enable you to share content on thirdparty applications or websites.
You may use these features solely as they are provided by us, and solely with respect to the content with which they are displayed. You may not establish a link or share content in such a way that suggests any form of association, approval, or endorsement on our part, or that damages or takes advantage of our reputation. You agree to cooperate with us in causing any unauthorized framing, linking, or sharing immediately to cease. We reserve the right to withdraw linking or sharing permission without notice. We may disable any social media features and any links on the Online Services at any time, in our sole discretion, without notice.
12. REPORTING PROHIBITED USE
Click on the upper left side bar menu icon and select ‘Feedback” to report any unlawful or prohibited use by another user or a third party.
These Terms will continue to apply until terminated by you or APPENDME.
You may permanently delete your user account by clicking on the upper left side bar menu icon and selecting delete account.
It is still possible to restore your account for 10 days after you deactivate it. After 10 days have passed, your account will be deleted. Please note it may take some time to completely delete the account. Any account may be deactivated if it has been inactive for a long time.
APPENDME may, in its sole discretion, and at any time, modify or discontinue the Online Services, or limit, terminate, or suspend your use of the Online Services, for any reason, including but not limited to a violation of these Terms, although APPENDME is under no obligation to do so.
APPENDME may, from time to time, in its sole discretion, develop and provide updates to the Online Services, particularly, the APPENDME mobile phone application, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, the "Updates"). Updates also may modify or delete in their entirety certain features and functionality. You agree that APPENDME has no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality. You must promptly download and install all Updates, and acknowledge and agree that the Online Services, or portions thereof, may not properly operate should you fail to do so. You agree that all Updates will be governed by and subject to these Terms.
15. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Your use of the Online Services is at your sole risk. If you are dissatisfied with the Online Services or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Online Services.
THESE ONLINE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, APPENDME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. APPENDME (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT THAT THESE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THESE ONLINE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPENDME (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THESE ONLINE SERVICES, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THESE ONLINE SERVICES, OR MATERIALS OR INFORMATION OBTAINED FROM ANY APPLICATION OR WEBSITE LINKED TO THESE ONLINE SERVICES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPENDME AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE ONLINE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE ONLINE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE OR THE CONTENT, EVEN IF APPENDME OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPENDME AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU PAID TO ACCESS, DOWNLOAD OR USE THE ONLINE SERVICES.
16. RELEASE AND INDEMNIFICATION
If you have a dispute with a user or third party, you release us (and, as applicable, our affiliates, officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such disputes.
You indemnify and hold us (and, as applicable, our affiliates, officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any user or third party relating to these Terms, including product liability claims pertaining to goods sold via the APPENDME Marketplace, or claims that your use these Terms, applicable law, or another party's rights.
17. GENERAL TERMS
You agree that the laws of Pennsylvania, without regard to its conflicts of law principles, will apply to all matters regarding the use of the Online Services. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts in the Commonwealth of Pennsylvania with respect to such matters. APPENDME makes no representation that the Online Services or the materials accessible through them are appropriate or available for use in any other jurisdiction or country. If you attempt to access, use or download the materials from the Online Services from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of the other jurisdictions.
We may modify these Terms from time to time. When we materially change these Terms, you will be notified of the change through the Online Services and may have to download and install a new version of the APPENDME mobile application and accept any agreement, terms or conditions associated therewith. Your continued use of the Online Services after notification of any changes to these Terms constitutes your assent to the changes and to the Terms as revised.
All waivers hereunder must be in writing, and no failure by either party to enforce any rights hereunder shall constitute a waiver of such right then or in the future.
If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the economic intent of the parties, and the remainder of these Terms will continue in full force and effect.
You may not use or otherwise export or re-export any APPENDME application or tool, except as authorized by United States law and the laws of the jurisdiction in which the application was obtained.
No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms.
18. CONTACT INFORMATION
Please direct any questions or comments to:
P.O. Box 202
Sadsburyville, PA 19369-0202
© 2015 AppendMe, Inc.