Terms of Use

AppTap, Inc.

Terms of Use

Effective Date: July 30, 2013

Welcome to AppTap! AppTap is an app recommendations and discovery platform designed to help consumers find apps that are relevant, enjoyable and/or useful to them. Our goal is simple - deliver the right app, to the right user, at the right time. We do that by delivering contextually relevant and data driven app recommendations and app discovery features to users on mobile and web content sites, apps, and services. AppTap also allows app developers to use our platform to promote their apps, in the form of sponsored apps, to users that may find their apps relevant, enjoyable and/or useful.


AppTap, Inc. and its corporate affiliates (“AppTap”, “us” or “we”) provide you with access to and use of our website 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”). These terms of use (“Terms of Use” or “Terms”) govern your use of the Site, as well as the Service, whether you access the Service directly from our Site or through a third party application or website. Please read them carefully. By accessing or using our Service or any part of our Site, whether you are a Registered User (as defined below) or a non-registered user (together with Registered User, a “User”) of our Service, you agree to be bound by these Terms of Use. If you do not agree to all the Terms, you may not access or use our Site or Service.

User Account

In order to access certain features of the Service, you a must become a registered user of our Service (“Registered User”), which you do by creating an account (“User Account”), or opting-in to certain features, where requested. You create a User Account by connecting to us through a third-party social network service (“SNS”, such as Facebook), which you can do directly from our Site. By becoming a Registered User through an SNS you agree that we may access and use your information made available to us from that third-party service, to the extent permitted by that SNS. By becoming a Registered User, you also agree that we may store your log-in credentials. You may close your User Account at any time by contacting us at .

As a Registered User, and in consideration of your use of the Site or Service, you agree to:

  • (a) Provide us with and maintain accurate, current and complete information;
  • (b) Maintain the security of your username and password;
  • (c) Assume full responsibility for any uses of and all actions that take place through your User Account; and
  • (d) Notify us immediately of any breach of security or unauthorized use of your User Account.

For more information on the types of information we collect and how we use it, please review our Privacy Policy.

Children

Any use of or access to the Site or Service by anyone under 13 is not permitted and violates our Terms of Use. By using or accessing our Site or Service, you represent and warrant that you are 13 years of age or older and fully able to enter into and abide by all of our Terms. We may terminate your User Account and delete any profiles, content or date you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old.

User Content

When using our Service, you may create or post content, such as app reviews, as well as other information and data not prohibited by these Terms (“User Content”), on or through the Site or the Service, or transmit it to or share it with other users (e.g., via Facebook or email). You are solely responsible for all of your User Content, and represent and warrant that by submitting your User Content you will not be infringing on any other person's copyright, trademark, trade secret or other proprietary or intellectual property rights, including privacy and publicity rights. You further agree not to post, transmit, or share any content on the Site or Service that would infringe or violate the rights of third-parties. You acknowledge and warrant that any Third Party Content and Third Party Sites (as those terms are defined below), or links thereto or therefrom, which you post on the Site is subject to, and will fully comply with, our Terms of Use.

In addition, you understand and agree that AppTap may, but is not obligated to, review the Site and your User Content, including pre-screening, and may delete or remove (without notice) any User Content for any reason, including, without limitation, if AppTap believes, in its sole discretion, it violates these Terms of Use, might be offensive or illegal, or could violate the rights, harm, or threaten the safety of users or others. You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to AppTap. You acknowledge that AppTap has no control over whether or not the User Content will be altered, deleted, or removed from any third party websites where the User Content originated from or has been syndicated.

You shall retain all ownership rights in and to your User Content. Notwithstanding the foregoing, when you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and represent and warrant that you have the right to grant, to AppTap a worldwide, non-exclusive, royalty-free, sub-licenseable, transferable, perpetual and non-revocable license to use, reproduce, distribute, prepare derivative works of, and display the User Content in connection with the Site and Service, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your User Content through the Site or Service, and to use, reproduce, distribute, and display such User Content, as permitted through the functionality of the Site and in accordance with the Terms of Use. You may remove your User Content from the Site at any time, but you understand that AppTap may retain, and continue to display or distribute copies of such User Content.

User Conduct

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:

  • (a) 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;
  • (b) Register a User Account on behalf of an individual other than yourself, or register a User Account on behalf of any group or entity;
  • (c) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • (d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service or posted to the Site;
  • (e) Use the Service or Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • (f) Use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • (g) Solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • (h) Harm minors in any way;
  • (i) Intimidate, "stalk" or harass another; or
  • (k) 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; or
  • (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.

Limited License

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.

Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of AppTap, is strictly prohibited and will terminate the rights and licenses 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 the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Mobile Services

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.

Trademarks

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.

Copyright

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 accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law. 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. 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:
  • (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • (b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • (c) 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;
  • (d) Your physical address, telephone number, and email address;
  • (e) 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; and
  • (f) 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, write us at: Copyright Agent, c/o AppTap, Inc., 1801 Old Reston Avenue, Suite 300, Reston, VA 20194. You may also send an 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:

  • (a) Your physical or electronic signature;
  • (b) 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;
  • (c) 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;
  • (d) Your name, physical address, telephone number, and email address; and
  • (e) 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.

Submissions

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.

Privacy

We care about the privacy of our Users. Please review our Privacy Policy to find out how your personal information is treated by AppTap. Such Privacy Policy is hereby incorporated by reference into these Terms of Use.

General Practices

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; or
  • (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;
  • (b) Enforce the Terms of Use;
  • (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; and
  • (f) Protect the rights, property or personal safety of AppTap, its Users and the public.

AppTap may terminate your User Account, delete your profile and any User Content or information that you have posted on the Site or through the Service and/or prohibit you from using or accessing the Service or the Site, or any portion thereof, for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation in the event AppTap has determined you are an offender of any of these Terms of Use.

Disclaimers

You acknowledge that AppTap has no control over, and no duty to take any action regarding:

  • (a) Users who gain access to the Site or use the Services;
  • (b) Effects the content on the Site may have on you;
  • (c) Your interpretation or use of the content; and
  • (d) 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.

Indemnity

You agree to indemnify and hold all of the AppTap Parties harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or link to or any Third Party Sites you link to on the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of the Terms of Use or of any law or the rights of any third party.

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

For any dispute you have with AppTap, you agree to first contact us at and attempt to resolve the dispute with us informally. In the event that AppTap has not been able to resolve your dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Reston, Virginia. By visiting or using the Site and/or the Service, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

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.

Government Use

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.

Export Control

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.

Additional Terms

In the event that any portion of these Terms of Use are held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. All provisions of these Terms of Use that by their terms are reasonably expected to survive the termination of these Terms of Use shall survive such termination. These Terms of Use contains the entire agreement of the parties concerning your use of this Site and the Service and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You expressly absolve and release the AppTap Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms of Use. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. If we have provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language version will govern.



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