The human version:
We want you to succeed as a business or/and as an app maker. This guarantees our future. That's why our software is extremely easy to use and requires no experience. And that's why our apps look and work really well.
The Privacy Stuff
We don't spam you or your customers. We never give your info to anyone unless you misbehave.
Copyright Made Easy
Your stuff is yours and we don't steal it. And you don't steal our stuff. We don't use your photos, addresses, logos and you don't use our design, and pictures, and trade names.
The Money Thing
We're very honest about what you will get before you buy. You have access to all documentation, videos, our team, and other customers.
We want you to stay on budget. That's why there are no hidden costs. What you see is what you get. We charge you exactly what's listed while buying. One-time-prices only. No subscriptions.
We keep improving without raising prices
Often we invent additional features and accessories and we give them away for free. This guarantees that your apps and our software remain industry-leading. Our community provides plugins to pimp your app. We sell them on behalf of the inventors to provide a smooth integration process. You don't need plugins, so don't buy them if you don't want them, because they're non-refundable.
The Bad Boy Finger
If you behave badly such as hurting others with disrespectful words and pictures, if you steal from others (incl. words and pix), or if you blame others for your own mistakes we say goodbye to you. Nudity or adult-themed apps are not allowed - and we're not discussing where 'nudity' starts or ends. If you have to ask, you'll know the answer.
The 1968 Gene
We insist on socially responsible business. It's how life in general should be: Treat others the way you'd like to be treated yourself. If you're a nice person and act ethical you're in the right place. If you're a self-entitled whiner who yells at a fridge for not being a toaster you're not welcome here. We love you. Be good!
The App.Cat Crew
The lawyer version:
1. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE APPCAT AND INSTANTAPP SERVICE AND WEBSITE. YOUR USE OF THE SERVICE AND WEBSITE IS SUBJECT TO AND CONTINGENT UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE REVIEW THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE WEBSITE OR USING THE SERVICE. BY ACCESSING, USING, LINKING TO, ORDERING FROM, AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE APPCAT SERVICE OR WEBSITE, YOU AGREE, TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS - BOTH THE HUMAN VERSION AND THE LAWYER VERSION - TO THE EXTENT OF ANY INCONSISTENCY, THE LAWYER VERSION SHALL PREVAIL. (COLLECTIVELY THESE "TERMS" OR THIS "AGREEMENT"), AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE APPCAT SERVICE OR WEBSITE.
2. Welcome to the AppCat service and website provided by Appcat, LLC ("AppCat" or "we" or "us") provided at www.app.cat and other websites www.appcat.com (the "Website" or the “Service”). The Service includes App.Cat, App.Cat LITE, App.Cat PRO, App.Cat STUDIO, InstantApp, and other related services branded under the “App.Cat” or “InstantApp” names. This Agreement contains the terms, covenants, conditions, and provisions applicable to your use of this Website and Service and the information and materials found on this Website and Service.
3. Please read the terms below fully and carefully. This Agreement provides you, the user, with a personal, revocable, nonexclusive, nontransferable license to use this Website and Service conditioned on your continued compliance with the terms and conditions of this Agreement. These Terms apply exclusively to your access to and use of this Website and Service. Further, if you breach any of these Terms, your authorization to use this Service and Website automatically terminates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Website or the Service.
5. You agree that if you install, link to, or use any part of the AppCat Service or visit the Website, that we have permission to have the Service installed on your mobile device or computer and deliver any Content, as defined below, that we, in our sole discretion, deem fit. Furthermore, you agree that if you create an application using the Service, that you have all rights to do so and distribute any content that you have created using the Service.
GENERAL USE PROVISIONS; DISCLAIMER
6. All materials provided on the Website and through the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, advertisements, content and services ("Content"), are provided either by AppCat or by respective third party authors, developers or vendors ("Third Party Providers") and are the copyrighted works of AppCat and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Content may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of AppCat and/or the Third Party Provider. Also, you may not "mirror" or "archive" any Content contained on AppCat on any other server without AppCat's prior express written permission.
7. Materials on this Website and through the Service have been prepared by us and by AppCat’s users for general informational purposes only. You understand and agree that AppCat may (but is under no obligation to), in its sole discretion, monitor, modify and/or remove any content it, in its sole discretion, deems inappropriate. You agree that AppCat can, in its sole discretion, remove your content from the AppCat Website or Service for any reason it deems fit, without any notice to you. AppCat is available worldwide and makes no representation that any of the Content on this Website or that is used by the Service (either uploaded or accessed by users) is appropriate or available for use in your jurisdiction. Those who choose to access the Website or the Service from any location do so upon their own initiative and are responsible for compliance with applicable local laws. Further, you specifically agree to comply with all applicable laws regarding the transmission of technical data exported from any country in which it originates or in which you reside.
8. Except where expressly provided otherwise by AppCat, nothing on the Website or within the Service shall be construed to confer any license or ownership right in or to the Content, under any of AppCat's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the LEGAL CONTACT INFORMATION section below if you have any questions about obtaining such licenses. Content provided by Third Party Providers has not been independently reviewed, tested, certified, or authenticated in whole or in part by AppCat. AppCat does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by AppCat.
9. Any unauthorized use of any Content contained on the Website or in the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal and international laws, treaties, regulations and conventions in connection with your use of the Website and Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which you or AppCat are located. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your mobile device or computer. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You agree to accept responsibility for all activities that occur using your account or password.
ACCEPTANCE OF TERMS
10. You may print, screenshot, and download materials and information on the Website and from the Service solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a user may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Website or Service. As a further condition of use of this Website and Service, all users warrant to us that they will not use this Website or Service for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. Any rights not expressly granted herein are reserved.
GENERAL PROVISIONS: WEBSITE CONTENT LIMITATIONS
11. Billing and Payment
While certain aspects of the Service and use of the Website are currently free, AppCat reserves the right to charge for said use of the Website and/or the Service for other aspects. This includes, but is not limited to, paying for "text messaging" or "SMS" features (such as individual text messages or pre-paid packages), related to your use of AppCat. To the extent you make any purchases from AppCat, you agree to pay for all purchases. You also agree that there is a strict no refund policy for the AppCat software and the Service. You will provide AppCat with valid and updated credit card or approved purchase order information and with complete and accurate billing and contact information. If you provide credit card information to AppCat, you authorize us, or a credit card processor of our choosing, to bill such credit card for Services used, subscribed to, or created using the AppCat Service. This includes, but is not limited to, payments for applications created by you and/or your agents and subscription fees. You also agree that AppCat Gift Cards and any balance of AppCat Credits are non-refundable, have no cash value and may not be redeemed for anything other than AppCat Services. Once purchased they are non-refundable, even if never used. If AppCat, in its sole and absolute discretion, permits you to make payment using a method other than pre-paying with a credit card, AppCat will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due immediately upon receipt of the invoice, unless stated otherwise on said invoice. You also agree that there is no phone support for AppCat, including but not limited to any billing inquiries. All support for AppCat is done through its help (ticketing) system and you agree to use said system for all help inquiries. If you attempt to contact AppCat for phone support, then AppCat reserves the right to charge your account for all time spent, in one-hour increments (with a minimum of 2 hours), at the then current rate ($475USD/hour as of January 2013).
11A. Subscription Billing.
Unless otherwise explicitly stated, if you "subscribe" to (rather than buy outright, if available) a Service, then you agree that you will be charged for, and agree to pay for the Service in advance for the initial period, and you may not cancel it once charged for said (and any subsequent) term. If you do not want to be charged again, you must cancel your subscription prior to the expiration of the term of your initial (and any subsequent) subscription, otherwise you agree to pay for an additional term, until you cancel. It is your responsibility to verify that you have properly cancelled prior to the expiration of any term.
(1) Daily term. You agree to pay daily for the Initial Term (as defined below) and any Subsequent Terms (as defined below) until you properly cancel the service. I.e. if you agree to a subscription charge of $1.00/day, and the initial term is 10 days ("Initial Term") then you will be charged $10.00 for the Initial Term, per app created. If you do not cancel before the expiration of the Initial Term, then you will be charged every 18 days ("Subsequent Term") for the amount of $18.00 (If $1.00/day - different if a different price) for the Subsequent (and all other Subsequent) Terms. As stated in Paragraph 11, supra, there are no refunds whatsoever and you agree to continue paying for the Service for all Subsequent Terms for all apps created, until you have properly cancelled. i.e. if you created 4 apps, then you will be charged 4 x $10.00 ($40.00) for the Initial Term for those apps, and then 4 x $18.00 ($72.00) for each Subsequent Term, until properly cancelled. Note that simply emailing customer service and requesting a cancellation is not the proper method of cancellation. For more information on proper cancellation see the following, go to the help system.
(2) Monthly Term. If you subscribe to a monthly service (if available), then you agree that you will be charged for and you agree to pay for, the whole month's subscription charge in advance, and that there is no refund (pro-rated, or in full) of the monthly service charge. If you do not want to be charged again for subsequent months, you must cancel your subscription prior to the expiration of the monthly term, otherwise you agree to pay for an additional month. For more information on proper cancellation see the following, go to the help system.
(3) Annual Term. If you subscribe to an annual Service (if available), then you agree that you will be charged for and you agree to pay for, one year (12 months x the monthly subscription charge or 365 x the daily subscription rate) in advance, and that there is no refund (pro-rated, or in full) of the annualized monthly service charge. If you do not want to be charged again, you must cancel your subscription prior to the expiration the anniversary of your initial subscription, otherwise you agree to pay for an additional year each anniversary.
(4) Payment Plan. If you subscribe to a payment plan for a fixed fee Service, then you agree to make all payments agreed to upon sign up and that we may pursue you for any unpaid payments. There are no refunds for any subscription services whatsoever.
12. You agree that you will not use the Website or the Service for any unlawful purpose. Your failure to comply with this rule may result in the immediate termination of your right to access or use the Website or the Service, without prior notice to you. Further, you will not use the Website or the Service to engage in any activity that is harmful, threatening, abusive, harassing, tortious, invasive of another's privacy or otherwise objectionable to any third party or in any way violates a third party’s (or AppCat’s) rights. You agree you will not impersonate any person or entity, including, but not limited to, an employee or officer of AppCat, or falsely state or otherwise misrepresent your affiliation with any person or entity. You agree not to upload, email, transmit or otherwise input any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Further, you will not use the Website or Service to collect or store personal data about other users.
12A. Resellers. If you utilize any of the reseller services, as dictated by AppCat in its sole discretion, then you agree as follows: (1) You shall cause all of your customers to agree to these terms and you shall only receive credit for users that have created accounts and used the service through your reseller page/link; (2) Your credits shall be redeemable either on the AppCat Website for purchasing additional Services, or you may receive a cash payment (via bank draft or other means deemed reasonable by AppCat in its sole discretion), but cash payments shall not be paid out until (a) you have over $1,000 USD of credit in your account at the time of the request, (b) have furnished AppCat your tax information for a 1099 or similar form as well as true mailing address, and (c) have explicitly requested payment. Further, you expressly agree that AppCat shall have a reasonable time to make payment to you and that you are responsible for ensuring that payment has been made. (3) It is your responsibility to monitor the amount of funds/credits in your account, and you agree to notify AppCat within 48 hours of any discrepancies in your account balance; (4) You are responsible for all content created or submitted by your users (i.e. persons that have created accounts and used the service through your reseller page/link); (5) You will not circumvent the AppCat System or AppCat whatsoever or use AppCat for any purpose other than those specifically enumerated by AppCat; (6) All amounts listed in your account are "estimates only" and may be modified due to chargebacks, added costs, or other related issues due to your or your customer's actions or inactions prior to any payment being made or any utilization of the service. You agree to reimburse AppCat and immediately pay for any credits, in case you have been paid or used credits that have been later charged back to your account due to any reason whatsoever; (7) There is a strict no refund policy for reseller apps, aka apps that you sell through your reseller account; (8) By default, you are "opting in" to be a reseller of the Service and you will continue to be one unless and until you have successfully opted out of the reseller service.
13. We may suspend or terminate your account or your use of this Website or Service at any time, for any reason or for no reason. If we suspend or terminate your account, you agree that you will not receive a refund for any services for which you prepaid. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
14. You also agree that if you ever use any of the "web" based features (from either a personal, public, or any other, computer), then you will immediately log-out of the system so as to not let any other user use your account. Your failure to properly log-out may result in your liability for any other persons actions who is logged into your account, including but not limited to termination of your account.
14.A. You also agree that you will not upload any images of QR-codes or similar machine readable metadata, except those that are generated by AppCat. Your use of a non-AppCat generated QR-code or similar machine readable metadata is grounds for immediate termination of your account without refund. AppCat, shall, in its sole discretion determine whether or not any uploaded image assets or any other Submissions, as defined below, violate this provision.
USER-GENERATED CONTENT; SUBMISSIONS
15. Your content belongs to you. Except where expressly provided otherwise by AppCat, all comments, feedback, material, information, ideas, designs, and data of any type submitted by any means to AppCat through, in association with or in regard to the Website and/or the Service ("Submissions") shall be treated as non-confidential and non-proprietary, and AppCat is hereby granted a worldwide, non-exclusive, royalty-free, irrevocable, perpetual license to use such Submissions in any way it deems fit for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services, and making compilations or derivative works thereof in all media now known or hereafter devised. AppCat shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not AppCat, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
16. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You are prohibited from posting or transmitting to or from this Website or Service any unlawful, threatening, libelous, defamatory, pornographic, adult-related, obscene, scandalous, inflammatory, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, AppCat reserves the right to cancel or suspend your account. Furthermore, AppCat reserves the right to cancel or suspend your account if, in our sole discretion, we believe you are using AppCat for improper purposes, or any purpose inconsistent with our business.
REPRESENTATIONS AND WARRANTIES
17. Each party represents and warrants that it has the power and authority to enter into this Agreement. AppCat makes no warranty that it will provide the Website and Service in any manner whatsoever, whether it be consistent with generally accepted industry standards or not. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement their behalf.
18. License from AppCat
You are being granted solely a revocable, limited license, in compliance with the terms of this Agreement.
19. License from Customer
20. AppCat does not accept Submissions from persons under the age of 14 ("Child" or "Children"). Furthermore, AppCat does not accept any user who is a Child. You are ineligible to use this Website and the Service if you are under the age of 14. If you are under the age of 18 (but over the age of 13), you must have your parent or legal guardian set up your account and must have them agree to these Terms. If you are under the age of 18, your parent or legal guardian's consent to these Terms is ongoing and they hereby warrant that they will review these Terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants AppCat all rights to utilize the copyright and image/likeness embodied therein as further enumerated in this Agreement, as though the parent or guardian made the Submission themselves.
LINKS TO OTHER WEBSITES
21. The Website or the Service may contain links or have references to websites controlled by parties other than AppCat. The inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. If you use these links, you will leave the Website or the Service. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. You acknowledge and agree that AppCat is not responsible for the availability of these outside resources, has not reviewed all of these third party sites, does not control or endorse such sites, does not take any responsibility for the use of these third party websites or any content which was sent to it by a third party, and is not responsible for any content, advertising, services, products or other material on or available from such sites or resources, or their policies, including privacy policies or lack thereof. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
22. You acknowledge that AppCat shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such content, goods or services available on or through any such sites or resources. You further acknowledge and agree that AppCat does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. Accordingly, AppCat expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
THIRD PARTY TRANSACTIONS
23. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Website or Service, including payment and delivery of goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
24. WHILE APPCAT ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND CONTENT AVAILABLE ON THIS SITE. APPCAT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY APPCAT, THE WEBSITE, INCLUDING ALL SUCH INFORMATION AND CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND ARE FOR USE AS CONTRACTED HEREIN. APPCAT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTIES, CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID OR UNLAWFUL. APPCAT DOES NOT PROVIDE ANY PHONE SUPPORT FOR ITS SOFTWARE.
25. APPCAT AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE SERVICE, THE CONTENT, THE GOODS, SERVICES, IMAGES OR DATA CONTAINED ON AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE CONTENT, GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. APPCAT DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT DISPLAYS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR VIEWING OF ANY SUCH MATERIAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPCAT AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE OR VIEWING OF THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, TEXT OR SMS MESSAGES NOT BEING DELIVERED BY CERTAIN THIRD PARTY CARRIERS; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICE AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER APPCAT NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICE AND/OR CONTENTS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. APPCAT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
LIMITATION OF LIABILITY
26. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APPCAT EXCEED $10USD. IN NO EVENT SHALL APPCAT OR ITS THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR FOR ANY INFORMATION, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCESSING OR USE OF THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, REGARDLESS OF CAUSE, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO CUSTOMER IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO CUSTOMER'S INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES". BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
27. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
28. You agree to indemnify, defend and hold harmless AppCat and its Third Party Providers against any and all claims, costs, losses, liabilities, demands, damages and expenses (including reasonable attorney's fees and costs) finally awarded against (or spent by) AppCat and its Third Party Providers arising out of or in connection with a claim asserted by any third party related to you, including but not limited to those claims arising from or in connection with: (a) your use of the Website or Service; (b) any Submissions or any other materials you may upload, submit, post, or transmit through the Website or Service; (c) your violation of these Terms, or (d) your violation of the rights of another. AppCat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. Furthermore, you agree to pay AppCat's attorney costs/fees for any inquiry referring or related to you or your conduct.
29. AppCat shall have no indemnification obligation or other liability for any claim of infringement arising from (a) your use of the Website and/or the Service or Content associated with the Website or Service other than in accordance with this Agreement; (b) the combination of the Website and/or the goods, services or Content associated with the Website with any other products, services, or materials; or (c) any third party products, services, content, or materials.
INTELLECTUAL PROPERTY RIGHTS
30. All material contained on this Website, unless otherwise indicated, is protected by law, including, but not limited to, U.S. copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, AppCat does not grant any express or implied right(s) to users of this Website or the Service, or any parts thereof. You agree not to decompile or reverse engineer any parts of the Website or Service. Please be aware that AppCat actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
31. The Content, design and layout of this Website are © 2010-2013 Appcat, LLC. All Rights Reserved. Removing or altering the copyright notice on any material on this Website is prohibited. AppCat also owns a copyright in the Website and Service as a collective work and/or compilation, and in the selection, coordination and arrangement of the Website's and Service’s content.
32. APPCAT, AppCat, App.Cat, Kitty, InstantApp, and all other names, logos, and icons identifying AppCat herein or on the Website or in the Service are trademarks of Appcat, LLC and/or its affiliate(s) or licensor(s), and may be registered in certain jurisdictions. Other product names, company names, marks, logos and/or symbols mentioned herein may be the trademarks of their respective owners.
33. AppCat may give notice by means of a general notice on the Website or the Service, electronic mail to your e-mail address on record in AppCat's account information, via text message, or by written communication sent by first class mail or pre-paid post to your address on record in AppCat's account information. You may give notice to AppCat at any time by letter sent via confirmed facsimile to AppCat at: (702) 643-0777, or by letter delivered by registered mail with return receipt to:
Attn: System Administrator
7500 W Lake Mead Blvd.
Las Vegas, NV 89128
All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website.
Copyright and Intellectual Property Agent for Notice
34. Furthermore, AppCat adheres to and complies with the Digital Millennium Copyright Act ("DMCA"). The Website's and the Service’s Content may contain materials posted by third parties. If you believe that any Content on this Website or using this Service infringes any copyright or other intellectual property interest (including but not limited to Trademark), please provide AppCat's Copyright and Intellectual Property Agent a notice in writing containing the following information (a "Notice"):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Website;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property right owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property right owner or authorized to act on the copyright or other intellectual property right owner's behalf.
AppCat's Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Website can be reached as follows:
Attn: Legal Department, DMCA Complaints.
7500 W Lake Mead Blvd.
Las Vegas, NV 89128
Facsimile: (702) 643-0777- Attn: Legal Department E-mail: email@example.com
Please Note: The contact information immediately above is provided exclusively for notifying us of copyright or other intellectual property infringement.
GOVERNING LAW; ARBITRATION
35. This Agreement and the relationship between you and AppCat and shall be will be governed by and construed in accordance with the laws of the State of California and controlling U.S. Federal law, without giving effect to any conflict of law principles or choice of law principles thereof. You and AppCat expressly agree to be subject to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Website or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California and to arbitration as stated herein. At the request of AppCat, any controversy or claim related to this Agreement ("Claim") may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles County, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of AppCat, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of AppCat to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any controversy or dispute (whether or not arbitrated), arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.
36. This Agreement constitutes the entire agreement between you and AppCat and governs your use of the Website and the Service. Further, this Agreement represents the parties' entire understanding relating to the use of the Website and the Service and supersedes any prior or contemporaneous, conflicting or additional, communications. The failure of AppCat to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AppCat in writing. You may not assign any of your rights or obligations under this Agreement without the prior written approval of AppCat, and any purported assignment in violation of this section shall be deemed void ab initio. AppCat reserves the right to use Third Party Providers in the provision of the Website and/or the Service, and/or Content associated therewith. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions with respect to the invalid or unenforceable provision(s), with all other provisions of this Agreement remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between AppCat and you as a result of these Terms or your use of the Website or the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service, or to this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any section titles in this Agreement are for convenience only and have no legal or contractual effect or significance. Any and all rights not expressly granted herein are reserved by AppCat.
LEGAL AND MEDIA CONTACT INFORMATION
37. If you have any questions about these Terms, or if you would like to request permission to use any Content, please contact us at the address listed above.
|Your Privacy Rights
Appcat, LLC doing business as App.Cat and AppCat ("AppCat" or "We" or "Us") has created this privacy statement (this "Statement") in order to demonstrate its commitment to customer privacy. Privacy on AppCat’s website (the "Website") and in its applications (the “Apps”) is of great importance to Us. Because We and our third party providers ("TPPs") may gather important information via the Website or the Apps from our visitors or customers (collectively "Customer" or "You" or "Your"), We have established this Statement as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Statement at any time and will provide notification of any material change on the Website.
What do we collect?
We or our TPPs, may require Customers who register to use or purchase our products (including, but not limited to, end-user licenses to use our intellectual property) from our Website or within our Apps, to be on our e-mail list, or generally to use our products, including, but not limited to, our Website and Apps (collectively, the "Service" or "Services") to give Us or our TPPs contact and other information, which may include but is not limited to Your name, company name, address, phone number, email address, geo-location, other records, cookies, IP address (collectively "Personal Information"). You can opt out of providing said information by not entering it when asked or not visiting the Website or using the Apps, although not providing it may hinder Your ability to use the Services. You can opt out of any correspondence from Us by following the applicable opt out procedures listed on any correspondence, but You should be aware that archival or back-up copies of said Personal Information will not cease to exist and your Personal Information may still be included in the aggregate and in the AppCat history files. Further, We are under no obligation to remove said information or make any edits to your Personal Information and shall not be held liable for failing to do so nor for any of our TPPs failure to do so.
How do We use or disseminate the information we collect?
We may use the information that We collect to enhance the Services for You. We or our TPPs may also use the information to contact you to further discuss interest in our company, the Website, any partners of AppCat, our TPP’s, or in any way that We, in our sole discretion, deem to be reasonable. Your email address and any personal information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct business as we, in our sole discretion, deem reasonable.
How do I opt-out or correct my information?
You can opt out of being contacted by Us, or receiving such information from Us, at any time by sending an email to firstname.lastname@example.org or by using the applicable opt out process. You may also email us to change any of your information that we may have on file, although you may NOT use it solely for customer service requests. We may also email information regarding updates to the System, Services or company, and may send a customer newsletter, advertisement, or other correspondence. Any opt-out by You is not deemed valid until processed by Us. It is your obligation to verify that you have been opted-out. AppCat shall not be liable for problems with the opt-out procedures.
The Website and the Services contains links to other websites. We are not responsible for the privacy practices or the content of these other websites. You will need to check the policy statement of these others websites to understand their policies. When you access a linked site you may be disclosing your Personal Information. It is your responsibility to keep such information private and confidential.
Questions regarding this Statement or the practices of AppCat should be directed to AppCat’s Administrator by emailing such questions to email@example.com or by U.S. mail return receipt requested, addressed to Appcat, LLC, Attn: AppCat System Administrator, 7500 W Lake Mead Blvd. Suite 9-478, Las Vegas, NV 89128.
This policy is effective as of December 24, 2010, last updated May 10, 2013.