Before we dive into the legalese, please know the following three things in plain English:
- ARC is free to use, and we hope/plan/intend to keep it that way
- ARC does not collect PII (personally identifiable information), and even if we did, we wouldn’t sell, rent or share it for our own commercial gain
- ARC is meant as a resource to help raise the level of discourse, and to help inform company’s decisions, about succeeding in the apps economy.That’s why we do this.
Now onto the stuff our lawyers insist we say:
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Welcome to the App Resource Center (hereafter referred to as “ARC”) from Applause App Quality, Inc. These Terms ofUse govern your access and use of ARC (also referred to as “Services”) provided by Applause, and any of the subsidiaries, affiliates, brands and entitiesit controls. Please read these Terms carefully.
EACH TIME YOU ACCESS AND USE THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TOTHESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.
These Terms have the same force and effect as an agreement in writing.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (butnot your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content withother content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce,modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and throughany form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under thisSection 2 will survive the termination of these Terms.
All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Donot construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED “AS IS,” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELYAT YOUR OWN RISK.
Copyright Infringement and Trademark Rights.
We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspendingaccess to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriatecircumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, wehave implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with suchlaw. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims ofcopyright infringement.
100 Pennsylvania Avenue, Suite 500
Framingham, MA 01701
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identifythe allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we cancontact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of thecopyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in thewritten notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Pleasedo not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of theowner may notify us at email@example.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specificnature of the complaint.
We may terminate your membership or suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in anyconduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interestsof us, any other user of the Services, or any third party. YOU AGREE THAT APPLAUSE APP QUALITY, INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FORREMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICES (OR ANY PORTION THEREOF). You may discontinue your participation inand access to the Services at any time. We reserve the right to investigate your use of the Services in the event we, in our sole and absolute discretion,believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information or other contentthat you uploaded, stored, or transferred on or through the Services.
Modifications To Terms.
We may, in our sole and absolute discretion, change these Terms from time to time. We will post notice of such changes on the Services. If you object toany such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shallindicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To the Services.
We reserve the right to modify or discontinue all or any aspect of the Services with or without notice to you. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOUOR ANY THIRD PARTY SHOULD APPLAUSE APP QUALITY, INC. EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.
Though ARC is currently 100% free, and we have no plans to charge for these Services, we reserve the right at any time to charge fees for access to theServices or to any specific new feature or content that we may introduce in the future. In no event will you be charged for access to any Services unlesswe obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content orservices. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will bedisclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms andconditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of suchother Web site or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUNDAT ANY OTHER WEB SITE OR INTERNET RESOURCE.
We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive,non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we mayprovide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retailapplication stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications fromsuch merchants. Our software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and”commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein. Your use of the software must comply with allapplicable import and export control laws and regulations of the United States and other countries.
You may not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your ownnon-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicense or redistribute our softwareapplications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software orotherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or outnetworks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIMALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ARC (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). APPLAUSE APP QUALITY, INC. MAKES NO WARRANTY THAT ARC WILL MEET YOUR REQUIREMENTS, OR THATTHE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS,PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SERVICES IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATACAUSED BY THE SERVICES OR THEIR UNAVAILABILITY. WE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THEACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THATANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILLBE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLAUSE APP QUALITY, INC.OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS,SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATAOR 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 (ORANYONE USING YOUR ACCOUNT’S) USE OF THE SERVICES. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OFFEES YOU PAID US (IF APPLICABLE) FOR A PERIOD OF THREE MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
Exclusions And Limitations.
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 that we may not, as a matter of applicable law, disclaim anyimplied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted undersuch applicable law.
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents fromand against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as aresult of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusivedefense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Trademarks & Patents.
“ARC,” the ARC website design, our site names and logos, as well as certain other names, logos, and materials displayed in the Services constitutetrademarks, trade names, service marks or logos (“Marks”) of Applause or other entities. You are not authorized to use any such Marks. Ownership of allsuch Marks and the goodwill associated therewith remains with us or those other entities.
Copyrights; Restrictions on Use.
The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States andinternational copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other thanwith respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered forsale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyrightnotices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable andnon-exclusive right to access and use the Services in the manner permitted by these Terms.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signatureto these Terms. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICEON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read theNotice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
Compliance with Local Laws.
The Services are based in the United States. It is not designed or customized for any other country. You may use them only if they comply with the laws ofthe country from which you are accessing the Services.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that we makes available through theServices and any additional terms to which you agree when using particular elements of the Services (e.g., terms specific to a site within the network ofSites or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of theagreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements ornegotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific sitewithin the network of Sites, these Terms shall govern. These Terms and the relationship between you and us shall be governed by the laws of the Delaware asapplied to agreements made, entered into, and performed entirely in the Delaware residents, notwithstanding your actual place of residence. All lawsuitsarising from or relating to these Terms or your use of the Services shall be brought in the courts located in Delaware, and you hereby irrevocably submitto the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms shall notconstitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, younevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the otherprovisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of actionarising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be foreverbarred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 12 through 20 ofthese Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding anytermination of your use of the Services. Both parties are independent contractors of each other. Neither party shall be deemed an employee, agent, partner,joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation orresponsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employeesor entitled to any of our employee benefits.
Last updated: November 3rd, 2014