By using 101 Apps's products, software, services or web sites ("101 Apps Services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://101apps.com/terms.html
1. USE OF SERVICES
101 Apps, Inc., its subsidiaries and affiliated companies ("101 Apps") offer 101 Apps Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of 101 Apps Services. You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify 101 Apps of any unauthorized use of your password or account or any other breach of security. 101 Apps cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, messages, or other materials ("Content") are the sole responsibility of the person from which such Content originated. 101 Apps reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via 101 Apps Services. You understand that by using 101 Apps Services you may be exposed to Content that is offensive, indecent or objectionable, and that you use 101 Apps Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using 101 Apps Services and for any consequences thereof. You agree to use 101 Apps Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts 101 Apps Services or servers or networks connected to 101 Apps Services. To report any activity or Content that may violate the Terms, please email privacy@101apps.com
In addition to this Agreement, your use of some specific 101 Apps Services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
3. 101 Apps PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy at http://101apps.com/privacy.html. By using 101 Apps Services, you acknowledge and agree that 101 Apps may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of 101 Apps, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of 101 Apps Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
4. PROPRIETARY RIGHTS
101 Apps's Rights
You acknowledge and agree that 101 Apps Services and any necessary software used in connection with 101 Apps Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through 101 Apps Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 101 Apps or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, 101 Apps Services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms, 101 Apps grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by 101 Apps in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to 101 Apps Services. You agree not to access 101 Apps Services by any means other than through the interface that is provided by 101 Apps for use in accessing 101 Apps Services except as specifically authorized in a separate written agreement.
Except as expressly authorized by 101 Apps you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter 101 Apps's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the 101 Apps Services or Software.
Your Rights
101 Apps claims no ownership or control over any Content submitted, posted or displayed by you on or through 101 Apps Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through 101 Apps Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through 101 Apps Services which are intended to be available to the members of the public, you grant 101 Apps a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on 101 Apps Services for the purpose of displaying, distributing and promoting 101 Apps Services. 101 Apps reserves the right to syndicate Content submitted, posted or displayed by you on or through 101 Apps Services and use that Content in connection with any service offered by 101 Apps. 101 Apps furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
5. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by 101 Apps will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. 101 Apps Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop 101 Apps services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
6. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law and to terminating the accounts of repeat infringers. Any use of 101 Apps's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and only with express written permission from 101 Apps.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that 101 Apps has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by 101 Apps Services.
Upon the termination of your use of 101 Apps Services, including upon receipt of a certificate or other legal document confirming your death, 101 Apps will close your account and you will no longer be able to retrieve Content contained in that account.
8. PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of 101 Apps Services, use of 101 Apps Services, or access to 101 Apps Services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
9. MODIFICATIONS TO SERVICE
101 Apps reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, 101 Apps Services (or any part thereof) with or without notice. You agree that 101 Apps shall not be liable to you or to any third party for any modification, suspension or discontinuance of 101 Apps Services.
10. TERMINATION
You may discontinue your use of 101 Apps Services at any time. You agree that 101 Apps may at any time and for any reason, including a period of account inactivity, terminate your access to 101 Apps Services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to 101 Apps Services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
11. ADVERTISEMENTS
Some 101 Apps Services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the 101 Apps Services. The manner, mode and extent of advertising by 101 Apps on its services are subject to change. As consideration for your use of 101 Apps Services, you agree that 101 Apps may place such advertising and that 101 Apps shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on 101 Apps Services or your subsequent dealings with advertisers.
12. LINKS
101 Apps Services may provide, or third parties may provide, links to other World Wide Web sites or resources. 101 Apps may have no control over such sites and resources and you acknowledge and agree that 101 Apps is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 101 Apps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. INDEMNITY
You agree to hold harmless and indemnify 101 Apps, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "101 Apps and Partners") from and against any third party claim arising from or in any way related to your use of 101 Apps Services, violation of the Terms or any other actions connected with use of 101 Apps Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 101 Apps will provide you with written notice of such claim, suit or action.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 101 APPS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 101 APPS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE 101 APPS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM 101 Apps SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON 101 Apps SERVICES; OR (v) ANY OTHER MATTER RELATING TO 101 APPS SERVICES.
16. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
18. NOTICE
You agree that 101 Apps may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on 101 Apps Services.
19. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and 101 Apps and govern your use of 101 Apps Services, superseding any prior agreements between you and 101 Apps for the use of 101 Apps Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 101 Apps Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and 101 Apps shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and 101 Apps agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
Waiver and Severability of Terms. The failure of 101 Apps to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 101 Apps Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.