Terms of Service
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH APPMAKR LLC ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: February 10, 2017
AppMakr LLC provides an online platform that enables companies, community groups and individuals to publish mobile apps for their stakeholders (collectively, the “Services“), which Services are accessible at www.AppMakr.com and any other websites through which AppMakr LLC makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and AppMakr LLC, Inc. If you reside outside of the USA and the People’s Republic of China (which for purposes of these Terms of Service does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), these Terms of Service are between you and AppMakr Pte Ltd in Singapore (hereinafter referred to as AppMakr Pte Ltd in Singapore). If you reside in China, these Terms of Service are between you and AppMakr LLC Internet (Beijing) Co., Ltd. (“AppMakr LLC China”) except where you book Mobile Application or when you create a Mobile Application outside of China, in which case these Terms of Service are between you and AppMakr Pte Ltd in Singapore for that transaction. If you initially reside in the USA and contract with AppMakr LLC, Inc., but subsequently change your residence to outside of the USA, you will contract with AppMakr LLC China if you change your residence to China and with AppMakr Pte Ltd in Singapore otherwise, from the date on which your place of residence changes, and so on and so forth. (AppMakr LLC, Inc., AppMakr Pte Ltd in Singapore and AppMakr in China are each hereinafter referred to as “AppMakr LLC“, “we“, “us“, or “our“). Payment Services provided by AppMakr LLC Payments are subject to the Payments Terms of Service (“Payments Terms“).
“AppMakr LLC Content” means all Content that AppMakr LLC makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Publisher Content.
“Collective Content” means Publisher Content and AppMakr LLC Content.
“Communication” means an email, message via the Application, text message or message to a Social Media or Messaging account.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Publisher” means a person who completes AppMakr LLC’s account registration process and creates a mobile application via the AppMakr LLC publishing platform, including but not limited to Companies, Government bodies, Community Groups and Individuals, as described under “Account Registration” below.
“Publisher Content” means all Content that a Publisher
posts, uploads, publishes, submits, transmits, or includes in their mobile
application, Publisher profile or AppMakr LLC promotional campaign to be made
available through the Site, Application or Services.
“Stakeholder” means all users of a Mobile Application created and published via the AppMakr LLC platform. These may include, but are not limited to a Publishers: customers, employees, business partners, students, family or friends.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or fees that publishers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.
“Aggregated Information” means information about all of
our users or specific groups or categories of users that we combine together so
that it no longer identifies or references an individual user.
“Data Controller” means AppMakr LLC, the company responsible
for the use and processing of Personal Information.
“Third Parties” means companies or persons not related by
common ownership or control (i.e. non-affiliates) or other unrelated
individuals. Third Parties can be financial and non-financial companies, or
persons other than you and AppMakr LLC.
“Personal Information” means information (which may include sensitive information) relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
IF YOU CHOOSE TO CREATE A MOBILE APPLICATION ON APPMAKR LLC, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH APPMAKR LLC IS LIMITED TO BEING A PUBLISHER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF APPMAKR LLC FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF APPMAKR LLC. APPMAKR LLC DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR MOBILE APPLICATION, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR MOBILE APPLICATION, OR ANY OTHER MATTERS RELATED TO ANY MOBILE APPLICATION, THAT YOU PROVIDE. AS A PUBLISHER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF APPMAKR LLC, INCLUDING BY INAPPROPRIATELY USING ANY APPMAKR LLC INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
AppMakr LLC reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Publishers (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your AppMakr LLC Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, AppMakr LLC will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from AppMakr LLC’s vendors.
The Site, Application and Services can be used to facilitate the creations and publishing of a mobile application. Such mobile applications are included in Mobile Applications on the Site, Application and Services by search engine providers. You may view mobile applications as an unregistered visitor to the Site, Application and Services; however, if you wish to create a new mobile application, or edit an existing mobile application, you must first register to create an AppMakr LLC Account (defined below).
As stated above, AppMakr LLC makes available an online platform or marketplace with related technology for companies, government agencies, community groups, individuals and their stakeholders to meet online and share content directly with each other. AppMakr LLC is not an owner or operator of the mobile applications. Unless explicitly specified otherwise in the AppMakr LLC platform, AppMakr LLC’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PUBLISHERS AND THEIR STAKEHOLDERS CONNECTING AND SHARING CONTENT DIRECTLY WITH EACH OTHER. APPMAKR LLC CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY MOBILE APPLICATION AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CONTENT. APPMAKR LLC IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MOBILE APPLICATIONS AND ANY CONTENT CONTAINED THEREIN.
In order to access certain features of the Site and Application, and to create or edit a mobile application, you must register to create an account (“AppMakr LLC Account“) and become a Publisher. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook, Twitter, Google and Yahoo; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your AppMakr LLC Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to AppMakr LLC through the Site, Services or Application; or (ii) allowing AppMakr LLC to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to AppMakr LLC and/or grant AppMakr LLC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating AppMakr LLC to pay any fees or making AppMakr LLC subject to any usage limitations imposed by such third-party service providers. By granting AppMakr LLC access to any Third-Party Accounts, you understand that AppMakr LLC will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your AppMakr LLC Account and AppMakr LLC Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Publisher Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your AppMakr LLC Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or AppMakr LLC’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your AppMakr LLC Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. AppMakr LLC makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and AppMakr LLC is not responsible for any SNS Content.
Your AppMakr LLC Account and your AppMakr LLC Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active AppMakr LLC Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. AppMakr LLC reserves the right to suspend or terminate your AppMakr LLC Account and your access to the Site, Application and Services if you create more than one (1) AppMakr LLC Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on AppMakr LLC,
you are not permitted to share your AppMakr LLC Account with anyone or allow
others to access or use your AppMakr LLC Account. AppMakr LLC may enable
features, in our discretion, that allow other Publishers to take certain
actions associated with your AppMakr LLC Account, on your behalf with your
express authorization, such as having your executive assistant, or employer
publish on your behalf or adding a family member to your account as an
additional Publisher. You agree that you will take sole responsibility for any
activities or actions under your AppMakr LLC Account, whether or not you have
authorized such activities or actions. You will immediately notify AppMakr LLC
of any unauthorized use of your AppMakr LLC Account.
AppMakr LLC does not endorse any Publisher or Mobile Application.
Publishers are required by these Terms to provide accurate information. Although AppMakr LLC may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Publishers and/or screen Publisher information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Publisher or the Publisher’s purported identity or background.
By registering for an AppMakr LLC Account, you agree that AppMakr LLC may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Publisher being “verified” or “connected” (or similar language) only indicate that the Publisher has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by AppMakr LLC about any Publisher, including of the Publisher’s identity and whether the Publisher is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to download, install or use a mobile application on your mobile device, tablet or computer. AppMakr LLC are not responsible for any damage or harm resulting from your interactions with other Publishers.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Publishers or other third parties will be limited to a claim against the particular Publishers or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from AppMakr LLC with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Publishers on the Site and Services regarding any content contained within associated Mobile Applications.
Tax regulations may require us to collect appropriate tax information from our Publishers, or to withhold taxes from payouts to Publishers, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Publishers, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US Publishers with at least one Mobile Application in the US. You as a Publisher are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Publisher fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Publisher and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Publisher understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Mobile Applications. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. AppMakr LLC cannot and does not offer Tax-related advice to any Publishers.
Where applicable, or based upon request from a Publisher, AppMakr LLC may issue a valid VAT invoice to such Publisher.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Mobile Application is located may require Taxes to be collected from Stakeholders or Publisher on the amount paid for the right to download and/or use of Mobile Applications, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Mobile Application Fees set by Publishers, a set amount per download, or other variations, and are sometimes called “paid app downloads,” or “in-app transactions” (hereafter, “Usage Taxes“).
In certain jurisdictions, AppMakr LLC may decide in its sole discretion to facilitate collection and remittance of Uusage Taxes from or on behalf of Stakeholders or Publishers, in accordance with your directions in these Terms (“Collection and Remittance”) if such tax jurisdiction asserts AppMakr LLC or Publishers have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Stakeholder or Publisher, in lieu of the Publisher collecting Usage taxes from Stakeholders and remitting to the Tax Authority, you hereby instruct and authorize AppMakr LLC (via AppMakr LLC Payments) to collect Usage Taxes from Stakeholders on the Publisher’s behalf at the time Mobile Application Fees are collected, and to remit such Usage Taxes to the Tax Authority. When AppMakr LLC facilitates Collection and Remittance of Usage Taxes in a jurisdiction for the first time, AppMakr LLC will provide notice to existing Publishers with Mobile Applications for Mobile Applications in such jurisdictions. When a new Mobile Application is created in a jurisdiction where AppMakr LLC facilitates Collection and Remittance of Usage Taxes, the Publisher will be notified in the Mobile Application creation flow.
The amount of Usage Taxes, if any, collected and remitted by AppMakr LLC will be visible to and separately stated to both Stakeholders and Publishers on their respective transaction documents. Where AppMakr LLC is directly facilitating Collection and Remittance, Stakeholders and Publishers agree that Publishers are not permitted to attempt collection, or collect any Usage Taxes being collected by AppMakr LLC relating to their Mobile Applications on AppMakr LLC in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold AppMakr LLC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Usage Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Usage Taxes in any amount or at all as to your transactions or Mobile Applications. For any jurisdiction in which we facilitate Collection and Remittance, Publishers and Stakeholders expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Mobile Applications and Usage Taxes, including, but not limited to, personally identifiable information such as Publisher or Stakeholder’s name, Mobile Application addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Stakeholders or allegedly due, contact information and similar information, to the relevant Tax Authority.
In other jurisdictions, AppMakr LLC may decide in its sole discretion to facilitate Usage Tax collection on behalf of Publishers and Stakeholders in accordance with a Publisher’s direction to opt in to a specific Usage Tax line item in the Mobile Application Creation process, in which the Publisher directs that Usage Taxes from Stakeholders be sent directly to the Publisher so that the Publisher will remit such taxes directly to Tax Authority (“Opt-in for Publisher Remittance“). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Publisher Remittance, whether you are a Stakeholder or Publisher, you hereby instruct and authorize AppMakr LLC (via AppMakr LLC Payments) to send Usage Taxes received from Stakeholders at the time Mobile Application Usage Fees are collected to the Publisher who is obligated to send such taxes to the Tax Authority directly. If AppMakr LLC offers and a Publisher selects Opt-in for Publisher Remittance in any jurisdiction, Publishers and Stakeholders remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Mobile Applications; you agree and understand that AppMakr LLC is not responsible for, and will not send any such Usage Taxes to the Tax Authority under Opt-in to Publisher Remittance of Taxes. You hereby agree that through third party payment processors, AppMakr LLC is merely processing Your election and direction to have Usage Taxes from Stakeholders sent directly to the Publisher for remittance by the Publisher to the Tax Authority, and that You will remit all amounts collected from Stakeholders as Usage Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold AppMakr LLC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation of, collection of Taxes in any amount or at all as to your transactions or Mobile Applications. For any jurisdiction in which we facilitate Opt-in for Publisher Remittance, Publishers and Stakeholders expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Mobile Applications and Usage Taxes, including, but not limited to, personally identifiable information such as Publisher or Stakeholder’s name, Mobile Application addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Publishers from Stakeholders, or allegedly due, contact information and similar information, to the relevant Tax Authority.
Whether you are a Stakeholder or Publisher, you agree that any claim or cause of action relating to AppMakr LLC’s facilitation of Opt-in for Publisher Remittance or Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by AppMakr LLC in connection with facilitation of Opt-in Remittance or Collection and Remittance of Usage Taxes, if any. Stakeholders and Publishers agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by AppMakr LLC from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Taxes by Collection and Remittance, Opt-in for Publisher Remittance or any other means or method, in your jurisdiction, Publishers and Stakeholders remain solely responsible and liable for the collection and/or remittance of any and all Usage Taxes that may apply to Mobile Applications.
Publishers and Stakeholders acknowledge and agree that in some jurisdictions, AppMakr LLC may decide not to facilitate collection or remittance of Usage Taxes or may not be able to facilitate the collection and/or remittance of Usage Taxes, and nothing contained in these Terms of Service is a representation or guarantee that AppMakr LLC will facilitate collection and/or remittance of Usage Tax anywhere at all, including in any specific jurisdiction, or that AppMakr LLC will continue to facilitate any collection or remittance of Usage Tax in any specific jurisdiction in which it may have been offered. AppMakr LLC reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Usage Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Publishers reasonable notice in any jurisdiction in which AppMakr LLC determines to cease any such facilitation.
AppMakr LLC’s online platform facilitates Mobile interactions and transactions between Stakeholders and Publishers who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the AppMakr LLC platform allows Stakeholders and Publishers to view the price of Mobile Applications and in-app transactions in a number of currencies, the currencies available for Stakeholders and Publishers to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
AppMakr LLC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, AppMakr LLC may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Publisher Content or deactivating or canceling your Mobile Application(s) or AppMakr LLC Account, for a violation of this Section or these Terms.
AppMakr LLC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against AppMakr LLC or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of AppMakr LLC, its users, or Publishers of the public. You acknowledge that AppMakr LLC has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Publisher Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. AppMakr LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that AppMakr LLC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you use a Mobile Application from a Publisher on the AppMakr LLC platform or find anyone associated with AppMakr LLC who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to AppMakr LLC by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
11.1 What information do we collect?
A) Information that you give us
We receive, store and process information, including Personal
Information, that you make available to us when accessing or using our Platform
and Services. Examples include when you:
B) Information we get from your use of our Platform
We also receive, store and process information, possibly including Personal Information, when you access or use our Platform and Services, including but not limited to:
Š Mobile Data
When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
You may use your contact information, such as your email address, phone number or Social account ID to create or customize your account or to enable certain account features, for example, for login verification. If you provide us with your email address, phone number or Social account ID, you agree to receive emails to that email address, text messages to that phone number or messages to that Social account, as the case may be. We may use your contact information to send you information about our Platform and Services, to market to you, and to help prevent spam, fraud, or abuse.
Š Log Data
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with AppMakr or logged in to your AppMakr Account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
Š Cookies and other Tracking Technologies
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for AppMakr services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
Third Parties may not collect information about users’ online activities on the Platform except as described in this policy.
Third-Party social plugins
Our Platform may use social plugins which are provided and operated by Third-Parties, such as Facebook’s Like Button.
As a result of this, you may send to the Third-Party the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the Third-Party, then the Third Party may not know your identity. If you are logged into your account with the Third Party, then the Third Party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the Third Party.
11.1 What do we use your information
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To process transactions
• Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To send periodic emails
• The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
11.2 How do we protect your
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
11.4 Do we disclose any information
to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
11.5 Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
11.6 California Online Privacy
Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.
11.7 Children’s Online Privacy
Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
11.8 Your Consent
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of AppMakr LLC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of AppMakr LLC used on or in connection with the Site, Application, Services, and AppMakr LLC Content are trademarks or registered trademarks of AppMakr LLC in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and AppMakr LLC Content are used for identification purposes only and may be the property of their respective owners. As a Publisher, Stakeholder, or Publisher, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including AppMakr LLC’s Trademarks.
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to AppMakr LLC (“Referral Program“). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, AppMakr LLC grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. AppMakr LLC reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with these Terms and AppMakr LLC’s Trademark, AppMakr LLC grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Content published via the AppMakr LLC Platform solely for your personal and non-commercial purposes and (ii) access and view any Publisher Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AppMakr LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Publisher Content. By making available any Publisher Content on or through the Site, Application, Services, or through AppMakr LLC promotional campaigns, you hereby grant to AppMakr LLC a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Publisher Content on, through, by means of or to promote or market the Site, Application and Services. AppMakr LLC does not claim any ownership rights in any such Publisher Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Publisher Content.
You acknowledge and agree that you are solely responsible for all Publisher Content that you make available or access through the Site, Application, Services or through AppMakr LLC promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Publisher Content that you make available through the Site, Application, Services or through AppMakr LLC promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to AppMakr LLC the rights in such Publisher Content, as contemplated under these Terms; and (ii) neither the Publisher Content nor your posting, uploading, publication, submission or transmittal of the Publisher Content or AppMakr LLC’s use of the Publisher Content (or any portion thereof) on, through or by means of the Site, Application, the Services or AppMakr LLC promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that AppMakr LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by AppMakr LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the Support section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of AppMakr LLC and you hereby irrevocably assign to AppMakr LLC and agree to irrevocably assign to AppMakr LLC all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At AppMakr LLC’s request and expense, you will execute documents and take such further acts as AppMakr LLC may reasonably request to assist AppMakr LLC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
AppMakr LLC respects copyright law and expects its users to do the same. It is AppMakr LLC’s policy to terminate in appropriate circumstances the AppMakr LLC Accounts of Publishers or other account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders.
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or AppMakr LLC terminate these Terms as described below.
You may terminate these Terms at any time via the “Cancel Account” feature on the Site, by removing the Mobile Application from all of your devices or by sending us an email. If you cancel your AppMakr LLC Account as a Publisher, any downloaded Mobile Applications will automatically cease to function and your Stakeholders will not receive notification from us about why they no longer function. If you cancel your AppMakr LLC Account as a Stakeholder, any pending in-app transactions will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, AppMakr LLC may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
AppMakr LLC may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the AppMakr LLC Account registration, or Mobile Application process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) AppMakr LLC believes in good faith that such action is reasonably necessary to protect the safety or property of other Publishers, AppMakr LLC or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition AppMakr LLC may deactivate or delay Mobile Applications, reviews, or other Publisher Content, limit your use of or access to your AppMakr LLC Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your AppMakr LLC Account, or temporarily or permanently suspend your AppMakr LLC Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Stakeholders, or (ii) AppMakr LLC believes in good faith that such action is reasonably necessary to protect the safety or property of Publishers, AppMakr LLC or third parties, for fraud prevention, copyright protection, risk assessment, security or investigation purposes.
If we take any of the measures described in this Section 24.C, we may (i) communicate to your Stakeholders that a Mobile Application has been terminated, (ii) refund your Stakeholders in full for any and all confirmed in-app transactions, irrespective of preexisting cancellation policies, (iii) support your Stakeholders, on an exceptional basis, in finding potential alternative Mobile Applications, and (iv) you will not be entitled to any compensation for downloaded Mobile Applications that were terminated.
In case of non-material breaches and where appropriate, you will be given notice of any measure by AppMakr LLC and an opportunity to resolve the issue to AppMakr LLC’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Publisher Content, including but not limited to any Stakeholder submitted data, reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your AppMakr LLC Account or any of your Publisher Content. If your access to or use of the Site, Application and Services has been limited or your AppMakr LLC Account has been suspended or this Agreement has been terminated by us, you may not register a new AppMakr LLC Account or attempt to access and use the Site, Application and Services through other AppMakr LLC Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT APPMAKR LLC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY PUBLISHER, INCLUDING, BUT NOT LIMITED TO, STAKEHOLDERS AND PUBLISHERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A PUBLISHER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APPMAKR LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. APPMAKR LLC MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE MOBILE APPLICATIONS OR ANY MOBILE APPLICATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. APPMAKR LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MOBILE APPLICATIONS, MOBILE APPLICATIONS, PUBLISHERS, STAKEHOLDERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APPMAKR LLC OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PUBLISHERS OR STAKEHOLDERS. YOU UNDERSTAND THAT APPMAKR LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY MOBILE APPLICATIONS. APPMAKR LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, STAKEHOLDERS AND PUBLISHERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY APPMAKR LLC. APPMAKR LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY STAKEHOLDER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR MOBILE APPLICATION OR DOWNLOADING AND INSTALLATION OF ANY MOBILE APPLICATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF APPMAKR LLC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER APPMAKR LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR MOBILE APPLICATION OR INSTALLATION OF ANY MOBILE APPLICATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT APPMAKR LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PUBLISHERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE APPMAKR LLC PUBLISHER GUARANTEE, IN NO EVENT WILL APPMAKR LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MOBILE APPLICATION OR DOWNLOADING OF ANY MOBILE APPLICATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY MOBILE APPLICATION OR INTERACTIONS WITH ANY OTHER PUBLISHERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR DOWNLOADING MOBILE APPLICATIONS VIA THE SITE, APPLICATION AND SERVICES AS A STAKEHOLDER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PUBLISHER, THE AMOUNTS PAID BY APPMAKR LLC TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPMAKR LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold AppMakr LLC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Publisher Content; (c) your (i) interaction with any Publisher, (ii) Downloading of a Mobile Application, or (iii) creation of a Mobile Application; (d) the use, condition or Editing of an Mobile Application by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Downloading or use of an Mobile Application; and (e) your participation in the Referral Program or your accrual of any AppMakr LLC Credits.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Mobile Application is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. AppMakr LLC does not permit Mobile Applications associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):
Except as they may be supplemented by a document referenced and incorporated herein or by additional AppMakr LLC policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between AppMakr LLC and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Mobile Applications made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between AppMakr LLC and you regarding Mobile Applications, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without AppMakr LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AppMakr LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AppMakr LLC (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Trenton, New Jersey, or a United States District Court, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in the United States, you and AppMakr LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and AppMakr LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class Publisher in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and AppMakr LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New Jersey and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and AppMakr LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AppMakr LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. AppMakr LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, you agree to pay all such fees including but not limited to if the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if AppMakr LLC changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of AppMakr LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AppMakr LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of AppMakr LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AppMakr LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
The following paragraphs will apply if you are contracting with AppMakr Pte Ltd in Singapore.
The second paragraph of Section 24.D, Term and Termination, Suspension and Other Measures, shall be removed and replaced with the following: “If you or we terminate this Agreement, we do not have an obligation to return to you any of your Publisher Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your AppMakr Account or any of your Publisher Content. If your access to or use of the Site, Application and Services has been limited or your AppMakr LLC Account has been suspended or this Agreement has been terminated by us, you may not register a new AppMakr LLC Account or attempt to access and use the Site, Application and Services through other AppMakr Accounts.”
The Controlling Law and Jurisdiction section shall be removed and replaced with the following: “Controlling Law and Jurisdiction These Terms will be interpreted in accordance with Singapore law. You and we agree to submit to the non-exclusive jurisdiction of the Singapore courts for resolving any dispute between the parties. If AppMakr Pte Ltd wishes to enforce any of its rights against you, we may elect to do so in the Singapore courts or in the courts of the jurisdiction in which you are resident.”
The Dispute Resolution section shall be removed and is not applicable.
If you have any questions about these Terms or any App Store Sourced Application, please contact AppMakr LLC via the below contact details:
AppMakr Pte Ltd
6 Shenton Way, Tower One, #32-01
Attn: Legal Monkey Cage