Welcome to AppTap! AppTap is an app recommendations and advertising platform used by web and mobile publishers to connect consumers with relevant apps. Our goal is simple - deliver the right app, to the right user, at the right time. We do that by delivering contextually relevant app recommendations and advertising to users on mobile and web content sites and services. AppTap, Inc. and its corporate affiliates (“AppTap”, “us” or “we”) provide you with access to and use of our website www.apptap.com, and any of its sub-domains (the “Site”), and the account, services, websites, mobile applications, products and networks found at or related to the Site (the “Service”).
1. Using AppTap
- (a) Provide us with and maintain accurate, current and complete information
- (b) Maintain the security of your username and password
- (c) Be fully responsible for all use of your User Account and for any actions that take place using your User Account
You must notify us immediately of any breach of security or unauthorized use of your User Account. You may close your User Account at any time by contacting us.
Your activity on the Site, including posting User Content, or any Third Party Content and Third Party Sites (or links thereto or therefrom) which you post on the Site, will affect and shape the overall community created through the Site. As such we ask that you help us keep the Site functioning properly and a safe and respectful place for all Users. Accordingly, you agree that in using the Service or Site you shall not:
- (i) Harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- (ii) Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity
- (iii) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- (iv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or posted to the Site
- (v) Use the Service or Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site
- (vi) Use automated scripts to collect information from or otherwise interact with the Service or the Site
- (vii) Solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes
- (viii) Harm minors in any way
- (ix) Intimidate, "stalk" or harass another
- (x) Use or attempt to use another's account, service or system without authorization from AppTap, or create a false identity on the Service or the Site
You further agree that in using the Service or Site you shall not upload, post, transmit, share, store or otherwise make available:
- (a) Any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
- (b) Any material that contains 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
- (c) Any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- (d) Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
- (e) Any content that, in our sole judgment, may be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable
- (f) Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose AppTap or Users to any harm or liability of any type
Third Party Content/Sites
The Site may include Third-Party Content, or links to it, and/or links to Third Party Sites. “Third Party Content” means content belonging to, or originating from, third parties, (e.g., apps from the Apple iTunes Store or Google Play). “Third Party Sites” means third party websites that are not owned or controlled by AppTap.
All Third-Party Content made available to you on the Site is provided “as is”, and solely for your information and personal, non-commercial use. From time to time we may post Third Party Content on the Site for which we receive payment or other consideration from a third party. When that happens, such Third Party Content may be, but is not required to be, identified as "Sponsored." Third-Party Content may not be copied, reproduced, distributed, or otherwise exploited in any manner, other than as intended by the normal functionality of the Site and Service.
Some of the services or functionality on the Site may be provided by third parties on Third Party Sites. To access such services or functionality you may be required to register on the Third Party Site. Such registration, if any, is separate from any registration on the Site, and will be governed by the terms of the Third Party Site, including privacy and data gathering policies. You acknowledge and agree that AppTap has no liability for the services or functionality provided on such Third Party Sites, including without limitation the security of payment or other transactions, notwithstanding that, in some instances, such Third Party Sites may incorporate AppTap trademarks, logos or other identifying materials. You further acknowledge and agree that AppTap has no control over, and assumes no responsibility for, the content, privacy policies, practices, products or services of any Third Party Sites, including Third Party Content contained on such Third Party Sites. By using the Site or the Service, you expressly release AppTap from any and all liability arising from your use of, or access to any Third Party Sites or Third Party Content.
You further acknowledge that AppTap makes no representations and warranties concerning, and, does not guarantee the accuracy, integrity or quality of any Third-Party Content or your or other’s User Content. AppTap expressly disclaims any and all liability in connection with User Content and Third-Party Content. You must evaluate, and bear all risks associated with, the use of any User Content and Third Party Content, including any reliance on its accuracy, completeness, or usefulness.
Except for User Content and Third-Party Content, all content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the "Site Content"), is owned by or licensed to AppTap, with all rights reserved, and is subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you "AS IS" for your information and personal, non-commercial use only. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without AppTap's prior written permission, in each instance, or in connection with the share function provided by AppTap on the Site. To the extent AppTap has such rights in the Site Content, you are granted a limited, revocable, nontransferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your information and personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. The aforementioned license does not include the use of any data mining, robots or similar data gathering or extraction methods and is revocable by AppTap at any time, without notice, and with or without cause.
AppTap may offer services that are available via your mobile phone, including without limitation the ability to upload content and messages to the Site, blog post, and send and receive messages, instant messages, location information, data transactions and other types of communications that may be developed for the Site (collectively "Mobile Services"). Your mobile carrier's normal messaging, data and other rates and fees may apply when using the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all mobile carriers or devices. By using any Mobile Services, you agree that we may communicate with you regarding AppTap, the Service and the Site and other entities, by SMS, MMS, text message, push message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
2. Intellectual Property
AppTap, AppTap.com, “Mplayit™”, “Mpowerplayer™”, “Powered by AppTap™” and other AppTap graphics, logos, designs, page headers, button icons, scripts and service names are either registered trademarks, trademarks or trade dress of AppTap in the U.S. and/or other countries. AppTap's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AppTap. Accordingly, nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Site, without AppTap's prior written permission in each instance.
AppTap respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. In AppTap's sole discretion, AppTap may remove content that may be infringing on another person's intellectual property rights with or without notice to the potential infringer. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification, but we are not liable for any failure to make such contact.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a written notice of infringement with AppTap's copyright agent containing the information specified below:
- (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed
- (iii) Description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site
- (iv) Your physical address, telephone number, and email address
- (v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
- (vi) A statement by you affirming that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
To notify AppTap of claims of copyright or other intellectual property infringement: Copyright Agent, c/o AppTap, Inc., 1801 Old Reston Avenue, Suite 300, Reston, VA 20194 or by email to: .
You acknowledge that if you fail to comply with all of the requirements of this section your notice may be invalid. Please also note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that a product or activity is infringing your copyrights.
Copyright - Counter-Notice
If you believe the User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- (i) Your physical or electronic signature
- (ii) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled
- (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content
- (iv) Your name, physical address, telephone number, and email address
- (v) A statement that you consent to the jurisdiction of the federal court in the Commonwealth of Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement
After we receive your counter-notice, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way. We will not forward the counter-notice to any party other than the original claimant, unless required to do so by law. After we send the counter-notice, the claimant must then notify us within (ten) 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to User Content. If we receive such notification we will not restore the material. If we do not receive such notification, we may reinstate the material, but are under no obligation to do so.
Please note any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to AppTap are not confidential and shall become the sole property of AppTap. AppTap shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
AppTap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) with or without notice. AppTap may establish general practices and limits concerning use of the Site and/or Service, including without limitation the maximum number of days that postings or other uploaded User Content will be retained, the maximum disk space that will be allotted on AppTap's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site and/or Service in a given period of time. AppTap has no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Service. You understand that the technical processing and transmission of the Service, including your User Content, may involve:
- (a) Transmissions over various networks
- (b) Changes to conform and adapt to technical requirements of connecting networks or devices
AppTap reserves the right to log off accounts that are inactive for an extended period of time. You agree that AppTap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Service. You further acknowledge that AppTap reserves the right to modify these general practices and limits from time to time.
You acknowledge, consent and agree that AppTap may access, preserve and disclose your User Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- (a) Comply with legal process
- (c) Respond to claims that any content violates the rights of third parties
- (d) Respond to your requests for customer service
- (e) Effectively provide the Service to you
- (f) Protect the rights, property or personal safety of AppTap, its Users and the public
You acknowledge that AppTap has no control over, and no duty to take any action regarding:
- (i) Users who gain access to the Site or use the Services
- (ii) Effects the content on the Site may have on you
- (iii) Your interpretation or use of the content
- (iv) Actions you may take as a result of having been exposed to the content
The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. AppTap makes no representations concerning, and AppTap will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. You release AppTap from all liability for you having acquired or not acquired content through the Site or the Services.
None of AppTap, its affiliates, subsidiaries or its or their officers, directors, employees or agents (collectively the "AppTap Parties") guarantees or represents the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the site, including any content contained in our accessed through the site or service. None of the AppTap Parties warrant that this site or the service will be uninterrupted or error free, that any specific information that is requested will be provided or that this site or its server are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this site and the accuracy, timeliness or completeness of the content or services is assumed solely by you. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability
In no event will any of the AppTap Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, or any of the site content, third-party content or other materials on, accessed through or downloaded from the site, even if AppTap is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AppTap's entire cumulative liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to AppTap for the service during the term, but in no case will AppTap's liability to you exceed US$100. You acknowledge that if no fees are paid to AppTap for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from AppTap, regardless of the cause of action. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the AppTap Parties' liability is limited to the greatest extent permitted by law. Your sole remedy for dissatisfaction with this site is to stop using this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Dispute Resolution/Governing Law
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site or Service. For any such actions, we each agree to submit to the personal jurisdiction of the state and federal courts located in Fairfax County, Virginia and waive any and all defenses of lack of personal jurisdiction and forum non conveniens. We each agree to waive any and all rights we may have to trial by jury.
3. General Terms
If the Service is being acquired on behalf of the United States Government (“USG”), then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the USG, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the USG, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
Any software or technology obtained from AppTap through the Service originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from us may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations.