TERMS & CONDITIONS
Your use of this website located at www.Appscribe.co (this Site) is conditional on your acceptance of the terms and conditions of use set forth below ("Terms and Conditions"). By browsing, accessing, linking, using and/or downloading from this Site ("Access"), you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.
These Terms and Conditions are entered into between Appscribe and you. You expressly represent that you are of legal age and you are not prevented by any law from entering into this Terms and Conditions. If you are accessing the Site on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current services, including the release of new products or services.
- Definitions: In addition to the terms defined throughout these Terms and Conditions, the terms "we", "us" and "our" refer to Appscribe. The terms “you” and “your” refer to you the user of this Site.
- Changes to Terms and Conditions: We reserve the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.
- Permitted and Prohibited Uses: Consistent with local, state and federal laws, we reserve the right to refuse to do business with any person in our sole discretion. This Site is intended for the lawful use of members of the general public. Subject to these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
- sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
- transfer the Content to any other person without our prior explicit written consent;
- use this Site in any manner that could damage, disable, overburden or impair this Site;
- upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
- interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
- infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
- disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
- use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
- transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
- upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
- attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of this Site.
- Copyright and Trademarks: Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by us. Any reproduction or use of the Content without our express prior written permission is prohibited. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights. Information posted on the Site belongs to the respective users. We respect the intellectual property of others and ask you to do the same.
- Membership: When you register as a member, you must create a login name and password. You must enter your login name and password to access certain features of this Site. You are responsible for the safety and security of your login name and password. As a member, you will have access to the apps and games listed on this Site. When you become a member, you will be given a fixed number of slots depending on the membership plan you choose. These slots are filled as you launch new apps and games from this Site. Once you fill your slots you can use the simply remove items from your slots and use other apps and games from the library.
- Profiles: When you post your profile on this Site, you represent that all information you list on your profile is true and current. You expressly agree not to create false profiles of any third party or fictitious profiles. By posting your profile on this Site, you agree and consent to receive emails, telephone calls and/or faxes from us, our agents and employees. You also agree to be contacted by other users of this Site.
- Platform: The Site acts as a platform connecting members in a virtual world and allowing members to launch the listed apps and games. We only provide the platform and are not directly involved in the development of the apps and games. We are a neutral facilitator and have no control over the authenticity or performance of any of the listed apps or games nor do we vouch for the same. We cannot and do not confirm the identification details of the developers, except those details provided by the developers at the time of registration. We also do not confirm nor verify the qualifications, background, or abilities of the developers. You should be careful and exercise common sense and good judgment when launching the apps or games listed on the Site. You deal with the apps and games at your own risk. We have no control over the functioning of the apps and games.
- Links: This Site contains to links to other external sites which do not belong to us. We do not verify the contents of such sites. We have no control over such sites. Your use of such other sites is solely at your risk. Your use of such sites is governed by their respective terms and conditions.
- Liability: All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site is solely at your risk. We shall in no event be liable to you for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused from your use of the contents of the Site. Neither we nor any of our officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this Site or the services provided through this Site or the inability to gain access to or use this Site or services or out of any breach of any warranty, even if we have been advised of the possibility of such damages.
- Indemnity: You agree to defend, indemnify and hold harmless us, our directors, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of these Terms and Conditions.
- Choice of law: These Terms and Conditions shall be deemed to have been made and performed exclusively in Tenessee, USA and shall be governed by and construed under the laws of Tennessee and the laws of USA applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Tennessee for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us or any officer, director, partner or employee thereof in any jurisdiction other than Tennessee, USA.
- Disclaimer: We not responsible for the success or failure of any your decisions relating to any information presented through this Site or its contents. The Site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you or your background. Therefore we do not guarantee or imply that you will succeed by using this Site or its contents. There is no assurance you will do as well. Use caution and seek the advice of qualified professionals. You agree that we are not responsible for any success or failure that you may experience as a result of using the Site or its contents. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However to use certain services of the Site, you must provide us with your personal information.
If you choose to provide us with your Personal Information on the Web, we may transfer that Information to our third-party service providers anywhere in this world.
We use this information to:
- Improve and customize the content and layout of the Site and other materials
- Notify you of updates to the Site.
- Notify you of relevant products and services.
- Notify you of upcoming events and programs
Under no circumstances will we sell or receive payment for licensing or disclosing your personal information. We will not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances:
- We have your consent.
- We are required to do so by law
- We have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect our rights, property or safety and that of users or the public.
While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.
Information contained on and provided through this Site is protected by copyright law as established in Title 17 of the U.S. Code. No individual or entity is permitted to copy, publish, or commercially use any information contained on or provided through this Site without the express written permission of Appscribe. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of its copyright. The use, reproduction, downloading, or distribution of protected materials may subject you to applicable penalties and damages under state and federal copyright laws
ONLINE PAYMENT SECURITY POLICY
When you make payments through this Site, you are using a secure server which encrypts all of your personal information. This makes it difficult, if not impossible, for a third party to access or use your personal information in an unauthorized manner.
Appscribe has developed its service with security as a top priority. We use various technological methods to prevent access to information in our system and Secure Socket Layers ("SSL") to encrypt your personal information and protect it from disclosure, destruction, modification or use.
Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for dues or other services via this Site will only be used to process the transactions you request