Welcome to Our Internet web site https://appkong.com/ (the "Site"). The Site is copyrighted work owned and operated by (“We," "Us”, “Our” and “AppKong”).
This Site contains text, images, video clips and other materials (collectively, the "Content"), provided by Us for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the Terms & Conditions set out below ("Terms & Conditions"). If you do not agree to these Terms & Conditions, do not access the Site or any Content.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms & Conditions will mean you accept those changes.
AppKong has long been committed to maintaining the accuracy, confidentiality, security and privacy of your personal information. We consider your personal information to be information about you as an identifiable individual that is protected by law.
We’d like you to better understand how your personal information is collected, used and disclosed when you access and use our Site:
(a) Transactions and inquiries: You may be asked for personal information, such as your name, address or e-mail address.
(c) Quality assurance: AppKong may capture, replay and analyze details of your Site visits to find site errors or issues and understand the impact that transaction failures have on business processes and to improve the operation of the Site.
RESTRICTIONS ON USE OF MATERIALS
All Content accessible through this Site is protected by copyright. The Content is: Copyright © AppKong its affiliates and/or licensors. All rights reserved. Such Content is protected by US and worldwide copyright laws and treaty provisions. We grant you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
AppKong respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
USE OF THE SITE
In consideration of the availability, and your use, of the Site, you agree to comply with all applicable laws and regulations and these Terms & Conditions when using the Site. You acknowledge that We may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
You are prohibited from:
(a) using, enabling, facilitating, or permitting the use of the Site for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Our network operations (including preventing a fair and proportionate use by others);
(b) using or permitting the use of the Site without reading and accepting (or in contravention of) the terms of any separate license agreement;
(c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing;
(d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms);
(e) using the Site for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of any of Our product); (f) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with the Site (whether owned by or used under licence to Us) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through the Site or using any intellectual property except for the express purpose for which such intellectual property is made available to you through the Site;
(g) posting or transmitting any information or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and
(h) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Our employees, suppliers, agents and representatives.
You are solely responsible for ensuring that your systems are able to use the Site and IT IS RECOMMENDED THAT YOU USE AND UPDATE COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT ACCESS THE SITE.
RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
AppKong is always improving its website and products and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms & Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO APPKONG BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION TO YOU. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO APPKONG, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO APPKONG THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT APPKONG IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY APPKONG, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. с
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WE SPECIFICALLY MAKE NO WARRANTIES THAT OUR SITE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH PRODUCT OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT YOU MAY HAVE WITH US FOR ANY PRODUCTS.
CONTENT LINKED TO A SITE
Please exercise discretion while browsing the Internet. Please note that certain links on the Site may take you to other websites. We provide these links only as a convenience and not as an endorsement by Us. These linked sites are not necessarily under Our control. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page which is not part of the Site and under Our control. Unless otherwise expressly provided, We make no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that We will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Site.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless each of AppKong, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms & Conditions; (b) your access to or use of the Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL APPKONG, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER APPKONG HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR (C) ANY OTHER MATTER RELATING TO THE SITE. You expressly acknowledge that AppKong has entered into these Terms & Conditions, and has and will make the Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and AppKong. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
GOVERNING LAW/JURISDICTIONAL ISSUES
The Site is controlled, operated and administered by AppKong from its offices within the USA. AppKong makes no representation or warranty that the Site is appropriate or available for use at any locations outside the USA. If you access the Site from outside the USA, you are responsible for compliance with all applicable laws. These Terms & Conditions shall be interpreted, construed and governed by the laws in force in the USA (Delaware), without reference to its conflict of laws principles. Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of USA (Delaware) and to waive any objections based upon venue. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to these Terms & Conditions. Some products referred to on the Site may not be available in all parts of the world. Contact AppKong for information regarding the products and services which may be available to you in your area.
ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms & Conditions, your use of the Site or the relationship which results from these Terms & Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms & Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms & Conditions. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
You acknowledge and agree that the AppKong, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Site, for any reason, including where We believe that you have violated any of these Terms & Conditions. You further agree that the AppKong shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of the AppKong in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
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