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Terms of Use
1. THIS IS AN AGREEMENT BETWEEN YOU AND APPSTREAM
This is an agreement ("Agreement") between you and AppStream Inc. ("AppStream"). This Agreement governs your use of any Web site or Web page operated by Appstream ("Web Site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. If You are using the Web Site on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and AppStream for violations of these Terms.
APPSTREAM OFFERS ITS WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE APPSTREAM WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 10, 11, and 12); AND AN EXCLUSIVE REMEDY (See Section 11). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Web Site, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Web Site (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to AppStream, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web Site.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Web Site. You agree not to upload, post or otherwise transmit via the Web Site Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to AppStream or other users of the Web Site; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) 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. AppStream reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Web Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be AppStream or someone else, or spoof AppStream's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Web Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF APPSTREAM INFORMATION
3.1 You may obtain direct access via the Web Site to certain confidential information of AppStream and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with AppStream and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or AppStream's written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from AppStream, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to AppStream adequate to afford AppStream the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO APPSTREAM
4.1 AppStream does not claim ownership of the Content You place on the Web Site and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in AppStream's Privacy Policy, any Content You provide in connection with this Web Site shall be deemed to be provided on a nonconfidential basis. AppStream shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant AppStream and all other users of the Web Site an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among AppStream, its affiliates, and third-party providers of any information that You may provide on the Web Site.
4.2 AppStream does not routinely monitor Content, but AppStream and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Web Site.
4.3 AppStream or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, marketing plans or product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when AppStream's services, products or marketing may appear similar to ideas submitted to AppStream. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO APPSTREAM OR ANYONE AT APPSTREAM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT APPSTREAM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
5. DELIVERY OF E-MAIL
AppStream will attempt to deliver all of the e-mail that is addressed to Your e-mail address on AppStream's Services. However, the nature of e-mail is such that AppStream cannot guarantee delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold AppStream and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Web Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
AppStream may provide notice to You via email, regular mail, or posting notices or links to notices on the Web Site. AppStream reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. AppStream may also delete, or bar access to or use of, all related Information and files. AppStream will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. AppStream may amend these Terms at any time by posting the amended terms on this Web Site.
8. CONTENT PROVIDED VIA LINKS
8.1 You may find links to other Internet sites or resources on the Web Site. You acknowledge and agree that AppStream is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. AppStream will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
8.2 AppStream provides links to third parties on the Web Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than AppStream found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. AppStream is not 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 third parties on the Web Site.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Your use of any software associated with the AppStream Web Site will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then AppStream grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the AppStream Web Site and in accordance with this Agreement. AppStream reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. AppStream or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. AppStream may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the AppStream Web Site.
9.2 "AppStream Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations AppStream uses in connection with its products and services. You agree to comply with the AppStream Trademark and Logo Usage Guide which may be obtained by sending an email to AppStream. You may not remove or alter any AppStream Trademarks, or co-brand your own products or material with AppStream Trademarks, without AppStream's prior written consent. You acknowledge AppStream's rights in AppStream Trademarks and agree that any use of AppStream Trademarks by You shall inure to AppStream's sole benefit. You agree not to incorporate any AppStream Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
9.3 AppStream is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Web Site, please contact AppStream at: www.appstream.com/company-contact.html.
9.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by AppStream on this Web Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 9.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
10. APPSTREAM MAKES NO WARRANTY
APPSTREAM PROVIDES THE WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPSTREAM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. APPSTREAM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
11. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL APPSTREAM BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEB SITE, EVEN IF APPSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 11 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST APPSTREAM WITH RESPECT TO THIS AGREEMENT OR THE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
12. CHANGES TO THE APPSTREAM WEB SITE; ADDITIONAL LIABILITY LIMITATION
APPSTREAM MAY CHANGE THE WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Web Site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by APPSTREAM and Third Parties. WITHOUT LIMITING THE GENERALITY OF SECTIONS 10 AND 11, YOU ACKNOWLEDGE AND AGREE THAT APPSTREAM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 10 AND 11, YOU ACKNOWLEDGE AND AGREE THAT APPSTREAM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE WEB SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 10, 11 AND 12 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
13. APPSTREAM'S PRIVACY POLICY
You consent to the collection, processing and storage by AppStream of Your personal information in accordance with the terms of AppStream's Privacy Policy, which is available at http://www.appstream.com/privacy.html. You agree to comply with all applicable laws and regulations, and the terms of AppStream 's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Web Site.
14. GENERAL TERMS
14.1 You agree that any material breach of Sections 2, 3, 4, 6, and 9 of the Terms will result in irreparable harm to AppStream for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, AppStream will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if AppStream seeks such an injunction.
14.2 California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Web Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and AppStream agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.
14.3 AppStream reserves the right to change the terms, conditions, and notices under which it offers its Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any AppStream Web Site. Your continued use of the AppStream Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
14.4 Services, Content, and product derived or obtained from this Web Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Web Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Web Site to prohibited countries and entities identified in the U.S. export regulations.
14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
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