Terms Of Service
These Terms of Service (the “Terms”) govern your use of the website located at appio.me (the “Site”) owned or operated by Appio. (“Appio” “we” or “us”), or any other Appio branded websites or mobile applications, interactive features, widgets, and resources offered by Appio through traditional Internet websites, mobile devices or social media platforms (all of which are collectively referred to as the “Appio Service” or “Service”). Please read these Terms carefully. By using the Appio Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Appio Service.
Your use of certain portions of the Service, including your entry in any Appio competitions or contests, may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms.
1. Your Responsibilities.
As part of the registration process, you may be asked to select a username and password. Appio may refuse to grant you a username or revoke your username for any reason in its sole discretion, including if we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. NEITHER APPIO NOR ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
We value the integrity of the Appio community. To protect this community, you agree not to use the Appio Service to:
● violate any local, state, national or international law or regulation;
● create or transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of anotherʼs privacy, hateful or racially, ethnically or otherwise objectionable;
● stalk, harass, bully, or harm another individual;
● create or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
● knowingly create or transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
● defeat or interfere with any security feature of the Appio Service, or attempt to do so;
● impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
● interfere with or disrupt the Appio Service or servers or networks connected to the Appio Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Appio Service; or
● alter or modify any content or component of the Appio Service, other than User Content and User Submissions (as defined below).
You also agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Appio Service. Appio reserves the right to revoke these exceptions either generally or in specific cases.
If you use the Service, you agree that you shall not modify, block or otherwise interfere with any monetization mechanism employed by Appio, its Affiliates, or its business partners. To learn more about these systems, see Section 5 below.
2. Ownership of Appio Content; Restrictions on Use.
The content on the Appio Service, other than “User Content” and “User Submissions” (as defined below), including, without limitation, software, scripts, graphics, sounds, music, interactive features videos, clips, photos, text, and the like (collectively, the “Appio Content”) and the “Appio” word marks and the Appio design marks, as well as certain other of the names, logos and materials displayed on or through the Appio Service that constitute trademarks, trade-names, service marks or logos (the “Marks”) are owned by Appio, its Affiliates, or its licencors and are subject to copyright, trademark, and other intellectual property rights under EU and international laws.
Except as authorized by these Terms or as otherwise intended or authorized by APpio through the Service, you agree not to copy, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Appio Service or any portion of the Appio Service, including, without limitation, the Appio Content and the Marks.
You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Appio Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Appio Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Appio Content.
3. User Content and User Submissions.
The Appio Service enables users, among other things, design, build, and launch mobile apps and games. You own the content you create or incorporate into such games (“User Content”), excluding for avoidance of doubt, any Appio Content incorporated therein.
The Appio Service also enables users to post and share comments, messages, and other content to the Appio Service (“User Submissions”). User Submissions will generally be available to all users of the Appio Service. When you provide Appio with a User Submission, you grant to Appio and its affiliates and their successors and assigns, a non-exclusive, fully-paid, royalty- free, transferable, sublicensable, worldwide license, to display, publicly perform, distribute (including, without limitation, through third- party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions. Because of the viral nature of social media, you should not submit any content to the Appio Service that you do not want to be viewed by others. Appio does not necessarily pre-screen any User Submissions uploaded by you or other users of the Appio Service but may do so for a variety of reasons, including, without limitation, for compliance with these Terms and any Additional Terms. Appio may in its sole discretion to refuse or remove any User Submissions.
You represent and warrant that you own all rights in your User Content and User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Content and User Submissions; and (b) your User Content and User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.
4. Monetization Systems
Games and applications that you create using the Service are subject to monetization mechanisms employed by Appio, its Affiliates, and/or its business partners. You may not opt out of, add to, modify, remove, or interfere with any of these monetization mechanisms (ad placements inside of the games and applications) unless given explicit permission by Appio or as otherwise permitted in your license tier.
You agree that Appio and its affiliates are free to use for any purpose whatsoever, ideas, know- how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”) that you may voice about the Site or the Service including Feedback that you send to Appio or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that neither Appio nor its affiliates have any duties to you (including any duty to compensate you for your Feedback), with respect to such Feedback.
6. Publicity Rights.
You grant Appio and its affiliates the right to reference the applications and User Content created using the Service that you publish or make publicly available (e.g., in public forums or in app stores). In particular, you agree that we may reference by name and link to your publicly available applications and User Content and copy and display screen shots and clips, including in our marketing materials, on our Web sites and social media platforms, and in other informational and promotional materials.
7. Infringement Notice Procedures – Copyrights and Trademarks.
Copyright Infringement Notification. Appio respects the intellectual property rights of others. Upon proper notice, Appio will remove or disable access to User Submissions that violate copyright law and may suspend access to the Appio Service of any user who uses the Appio Service in violation of copyright law and may terminate the accounts of repeat infringers.
Appio has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law.
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send Appioʼs copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Appio to locate the material on the Appio Service; (c) information reasonably sufficient to permit Appio to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright ownerʼs behalf; and (f) your physical or electronic signature. Please provide us with a Notification that includes all of the above enumerated information and e-mail it to the following Appio copyright agent:
Attn: Copyright Manager
Please do not send notices or inquiries unrelated to alleged infringement to Appioʼs designated agent.
Appio reserves the right, in its sole discretion, to terminate your access to all or part of the Appio Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT NEITHER APPIO NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSONʼS) ACCESS TO THE APPIO SERVICE (OR ANY PORTION THEREOF).
9. Modifications to Appio Service.
Appio reserves the right to modify or discontinue the Appio Service with or without notice to you. Appio shall not be liable to you or any third party should Appio exercise its right to modify or discontinue the Appio Service.
The Appio Service may contain links to third-party websites and other Internet resources that are not owned or controlled by Appio (“ThirdParty Materials”). Appioʼs provision of a link to any Third-Party Materials is for your convenience only and does not signify Appioʼs endorsement of such other website or resource or its contents. NEITHER APPIO NOR ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY MATERIALS INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPIO SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
11. Disclaimer of Warranties.
YOU USE THE APPIO SERVICE AT YOUR SOLE RISK. THE APPIO SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, APPIO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPIO SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
Appio and its affiliates make no warranties or representations about the accuracy or completeness of Appio Content available on or through the Appio Service or the content of any websites linked to the Appio Service and assume no liability or responsibility for any:
(a) errors, mistakes or inaccuracies of content or confidentiality;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Appio Service;
(c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions);
(d) any interruption or cessation of transmission to or from the Appio Service;
(e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Appio Service by any third party; and/or (f) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Appio Service.
12. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED UNDER APPIO LAW, IN NO EVENT WILL APPIO, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNTʼS) USE OF THE APPIO SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Appio may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Appioʼs liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Appio, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneysʼ fees and costs) that they may incur as a result of or arising from: (a) your User Content and any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the Appio Service or otherwise provide to us; (b) your use of the Appio Service; (c) your violation of these Terms or any Additional Terms established by us; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you, your User Content, or your User Submissions. Appio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Appio in asserting any available defenses.
14. Minors; Ability to Accept Terms of Service.
The Appio Service is not intended for children under 18 years of age. If you are under 18 years of age, please do not use the Appio Service.
You affirm that you are the applicable age of majority in your jurisdiction of residence or older, or that you have obtained the consent of your parent or legal guardian to use the Appio Service or that you are an emancipated minor. If you are a parent or guardian agreeing to the terms for the benefit of a child 18 or older, then you agree to and accept full responsibility and legal liability for that childʼs use of the Services.
15. Choice of Law; Arbitration.
These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the Latvia, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.
16. International Use.
We do not represent or warrant that the Appio Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the Appio Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of Appio Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and Appio and govern your use of the Appio Service. The failure of Appio to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the original intent of that provision, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect.
18. Modifications to Terms.
ALL RIGHTS RESERVED