Copyright © 2012 App.net, all rights reserved.
Date of Last Revision: December 1, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE AND ANY SOFTWARE PROVIDED BY MIXED MEDIA LABS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY RELATED SOFTWARE.
These terms and conditions of use (“Site Terms”) apply solely to your access to, and use of, the Web site operated by Mixed Media Labs, Inc. dba App.net ("App.net”), located at www.app.net and any related sites or software through which App.net provides services as part of the App.net Platform (the "Sites"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with App.net, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and App.net for violations of these Terms.
App.net reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
If you have any question regarding the use of the Sites, please contact us here.
Please refer to our Privacy Policy for information on how App.net collects, uses and discloses personally identifiable information from its users.
App.net may provide or host third party content on the Sites and may provide links to Web pages, applications and content of third parties (collectively the "Third Party Content"). App.net does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy, completeness or functionality. You acknowledge and agree that App.net is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Users who register an account with App.net (“Developers”) may use the App.net Platform and App.net’s software development kit (“SDK”) to create custom website landing and other pages (the "Developer Pages"), custom embeddable buttons and widgets (the “Embeddable Developer Widgets”), custom shortened URLs (“App.net Links”) and other tools or services such as analytics as provided and hosted by App.net.
By installing the SDK, Developer hereby grants App.net the right to access, index and cache requests made from Developer's mobile applications to the App.net platform. Any use of the SDK and accompanying documentation is subject to these Site Terms. App.net may require Developer to use the then-current version of any and all software related to the SDK.
App.net takes no responsibility and assumes no liability for any content, materials, information or items posted, stored, linked to or uploaded by any Developer in the Developer Pages, Embeddable Developer Widgets and App.net Links ("Developer Content"). Access to and use of Developer Content is at your own risk, and App.net is not liable for any statements or representations made by Developers.
Developer agrees that it shall not upload, store, create, link to or otherwise publish or submit, any Developer Content:
Although App.net has no obligation to screen, edit or monitor any of the Developer Content, App.net reserves the right, and has absolute discretion, to remove, screen or edit any Developer Content posted or stored on any Developer Pages or otherwise provided to App.net at any time and for any reason without notice. Developer is solely responsible for creating backup copies of and replacing any Developer Content posted to or stored by App.net at Developer’s sole cost and expense.
Developer grants App.net a worldwide, non-exclusive, royalty-free, sub-licensable right to host, reproduce, modify, translate, distribute, publicly perform, publicly display, link to and otherwise use the Developer Content in connection with the App.net Platform.
In consideration of Developer's use of the Platform, Developer will pay App.net a monthly service fee in accordance with the particular service plan selected as set forth on the App.net web site (the "Monthly Service Fee"). The Monthly Service Fee will be charged in advance to your credit card on file on the 1st day of each calendar month, until you terminate this Agreement in accordance with this Section 3. All amounts payable under this Agreement are denominated in United States dollars and each party shall pay all amounts payable under this Agreement in lawful money of the United States. YOU HEREBY AUTHORIZE APP.NET TO AUTOMATICALLY CHARGE THE CREDIT CARD YOU PROVIDE FOR ALL MONTHLY SERVICE FEES INCURRED BY YOU ON A RECURRING BASIS.
To cancel an ongoing monthly service fee, please follow the process set forth in your account settings on the App.net site. Once you have cancelled your monthly service fee, App.net will stop billing your applicable payment method until and unless you re-subscribe. All of the fees paid and charges made prior to termination are nonrefundable, and accordingly, if you pay for the App.net service pursuant to a monthly service fee, all amounts previously paid (including the monthly service fee for the month in which the cancellation occurs), shall be nonrefundable. Termination of your monthly service shall not relieve you of any obligations to pay accrued charges. You agree that App.net, in its sole discretion, with or without prior notice, may freeze or terminate your use of the service for any reason, including, without limitation, if App.net believes that you have violated these Site Terms. App.net may also in its sole discretion, and at any time, modify or discontinue providing the service, or any part thereof, with or without notice. Additionally, you agree that App.net shall not be liable to you or any third-party for any interference with, or termination of, your access to the service.
The Developer Content hosted by App.net may include links to such Developer’s mobile applications (“Developer Apps”) and links which enable users to make purchases from such Developers or other third parties. Developer Content may be embedded on third party Web sites. App.net may also run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to other third-party products or services on the Sites. Any purchases or other transactions or actions made on or through App.net Links or any other links accessed from the Developer Content or otherwise made from any third party are solely between the user and the third party from whom the purchase was made (the "Third-Party Seller"). Any business dealings, interactions or correspondence with, or participation in promotions of such Third Party Seller, and any terms, conditions, warranties or representations associated with such purchases, dealings or promotions, are also solely between the user and such Third-Party Seller. App.net is not responsible or liable for any loss or damage of any sort incurred as the result of any such third-party purchases, dealings, interactions, advertising or promotions or as the result of the presence of such Developer Content or other third party information or content on the Sites.
Unless otherwise indicated in the Site, the Sites and all content and other materials on the Sites, including, without limitation, all App.net or third party text, graphics, designs, pictures, information, data, software, applications, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of App.net or its developers, licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites solely for your informational, non-commercial and internal business or personal use only, except as otherwise specifically permitted under a written agreement entered into with App.net. Such license is subject to these Site Terms and, except as otherwise specifically permitted under a written agreement entered into with App.net, does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, crawlers or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of App.net, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
E-Mail Address of Designated Agent: dmca@app.net
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, App.net has adopted a policy of terminating, in appropriate circumstances and at App.net's sole discretion, access to the Sites for Developers, account holders or other users who are deemed to be repeat infringers. App.net may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
APP.NET, the App.net logos and any other product or service name or slogan contained in the Sites are trademarks of App.net and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of App.net or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "App.net" or any other name, trademark or product or service name of App.net without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of App.net and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites, provided such link does not portray App.net or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an App.net logo or other proprietary graphic of App.net to link to the Sites without the express written permission of App.net. Further, you may not use, frame or utilize framing techniques to enclose any App.net trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without App.net's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of App.net or any third party.
App.net makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or applications accessible by hyperlink from the Sites, or Web sites or applications linking to the Sites. Such sites and applications are not under the control of App.net, and App.net is not responsible for the contents of any linked site or application or any review, changes or updates to such sites or applications. App.net provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by App.net of any site or application or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or application to which you navigate from the Sites.
App.net takes no responsibility and assumes no liability for any Developer Pages, Embeddable Developer Widgets or other content, materials, information or items posted, stored, linked to or uploaded by any Developer ("Developer Content"). Your access to and use of any Developer Pages, Embeddable Developer Widgets and Developer Content is at your own risk, and App.net is not liable for any statements or representations made by Developers.
You acknowledge and agree that any feedback or materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Sites, or the App.net Platform (the "Feedback") that are provided by you in the form of email or other submissions to App.net, or any postings on the Sites, are non-confidential and shall become the sole property of App.net. App.net shall own exclusive rights, including all intellectual property rights, in such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to App.net, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to App.net.
You agree to defend, indemnify and hold harmless App.net, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any Developer Content you create, store, link to or transmit on or through, including without limitation any actual or threatened suit, demand or claim made against App.net and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Developer Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY APP.NET, THE SITES, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL DEVELOPER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED OR MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. APP.NET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT APPLICATIONS AND MATERIALS CONTAINED THEREIN. APP.NET DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE APP.NET ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES, THE SITE MATERIALS AND THE SERVICES SAFE, APP.NET CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) OR THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
App.net reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by App.net.
IN NO EVENT SHALL APP.NET, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, OR THE SERVICES OR ANY OTHER CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM ANY DEVELOPER PAGES, EMBEDDABLE DEVELOPER WIDGETS, DEVELOPER APPLICATIONS, IN-APP PURCHASES, OR RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM APP.NET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO APP.NET'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APP.NET, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS (INCLUDING THE DEVELOPER PAGES, EMBEDDABLE DEVELOPER WIDGETS, DEVELOPER APPLICATIONS OR IN-APP PURCHASES), OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO APP.NET FOR ACCESS TO OR USE OF THE SITES.
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, App.net reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Sites may be directed to App.net here.