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Appitalism Terms and Conditions of Use Agreement

Date of Most Recent Update: 7th February 2011

  1. Description

    Appitalism is a service managed and operated by Appitalism Inc., a company incorporated in Delaware that is located at 247 West 36th St, Suite 301, New York, NY 10018, USA ("Appitalism"). The service provides visitors to the website at www.appitalism.com and its mobile optimized site companion available at but not limited to www.appitalism.com, app.sm or www.appitalism.com/odp with information on a catalog featuring a variety of digitalized content, including but not limited to applications or apps, sound recordings, videos, wallpapers, eBooks, videos and games (the "Digital Content"), the posting, linking to or uploading of Member Content ("Member Content"), the promotion and marketing of Digital Content and Member Content and other features, functions or services (collectively the "Service"). The Service may also include web hosting for storing Digital Content and Member Content, personalized Member pages, and the cataloging and indexing of Member Content.

    You do not have to be a member to access the Service, however, it is free of charge to sign up and become a member of the Service. Becoming a member of the service involves entering a unique email address and a password, which creates the member account ("Member Account"). You are required to have a Member Account to participate in certain features of the Service such as personalized Member profile pages, submitting Member Content, earning app reward loyalty points, rating and reviewing apps, discussing apps and downloading free and paid Digital Content. Some of the Digital Content available on and some of the features and benefits of the Service such as price discounts are only available to active paying Members (the "Paid Services").

  2. Acceptance of Terms

    This Terms and Conditions of Use Agreement (the "Agreement") sets out the legally binding terms between you and Appitalism. This Agreement applies to all Members of the Service, including Members who submit any information or other materials on the Service. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of the Agreement.

    Together with this Agreement, our Privacy Policy governs the your use of the Service. Please therefore also review our Privacy Policy at http://www.appitalism.com/privacy.php to understand our privacy practices.

    This Agreement along with the Privacy Policy and any additional terms, rules or regulations posted on the Service constitute the entire agreement between you and Appitalism and govern your use of the Service, superseding any prior agreements between you and Appitalism. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Digital Content or third-party software.

    IF ANY OF THESE RULES IN THIS AGREEMENT OR THE PRIVACY POLICY OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICES OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

  3. Modification, Notices and Notices

    Appitalism may change, suspend or discontinue any aspect of the Service at any time, including the availability of any service feature, database, or Digital Content. Appitalism may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. In addition, when using particular Services, you and Appitalism shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Unless explicitly stated otherwise, any new features or services that augment or enhance the current Service shall be subject to this Agreement.

    Appitalism may change, add or remove portions of this Agreement or the Privacy Policy at any time, and if it does so, it will post the updated version on the Appitalism website located at http://www.appitalism.com/tnc.php and http://www.appitalism.com/privacy.php with a "Date of Most Recent Update" included.

    Except as explicitly otherwise stated in this Agreement, any notices to Appitalism shall be sent by certified mail, return receipt requested, to Appitalism Inc., 247 West 36 St, Suite 301, New York, NY 10018, USA. Notice shall be deemed given ten (10) days after the date of mailing.

    Appitalism may terminate this Agreement at any time for any reason. Sections 2, 4, 5, 7, 10 and 11 shall continue in full force and effect upon any termination of this Agreement.

  4. Member License, Content and Conduct

    You acknowledge and agree that:

    • Appitalism is the owner of all intellectual property rights, including all copyrights, patents and trademarks associated with the Service including all associated software, logos, text, domain names, graphics and Member Content. You agree not to use any of the intellectual property of Appitalism without its prior written permission.
    • Appitalism grants you a limited license to access and make personal use of the Service. The Service may not be used for any commercial endeavors except those may be specifically approved in writing by Appitalism. You agree not to copy (other than page caching) or modify the Service, or any portion of it, or its contents and agree not to copy or capture Member Account information for the benefit of another merchant. The use of any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, Digital Content, text, page layout, or form) of Appitalism and our affiliates or other Members without express written consent, except as otherwise provided and made available through the Service. You may not use any meta tags or any other "hidden text" utilizing Appitalism's name or trademarks without the express written consent of Appitalism. Any unauthorized use terminates the permission or license granted by Appitalism. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Appitalism so long as the link does not portray Appitalism, its affiliates, or their services in a false light.
    • You agree to not use the Service or export any portion of the Service, including the Member Content (defined below) in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.
    • Appitalism may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Member Content will be retained by or made available through the Service, the maximum disk space that will be allotted on the Service servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
    • The Service may contain links to third party websites and services that are not owned or controlled by Appitalism. Appitalism has no control over, and assumes no responsibility for, the digital or member content, privacy policies, or practices of any third party websites or services. In addition, Appitalism will not and cannot censor or edit the digital content of any third-party service. Appitalism is not responsible for any member content, third-party digital content, syndicated digital content, applications, services, malware, viruses, adware, spyware, advertisements, and/ or links that may be contained in the Service. By using the Service, you expressly relieve Appitalism from any and all liability arising from your use of any third-party websites or services. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website or service that you visit or use. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Appitalism has no control over third-party website services or resources, and as such, you acknowledge and agree that Appitalism is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party Digital Content, applications, services, advertising, products, or other materials on or available from such website services or resources. Appitalism shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party digital content or member content on the Service or as a result of the failure of such third-party services, applications, or Digital Content to function as intended.
    • Whilst completing the Service's registration process, and whilst adding further personal information to your Member profile and Member Account details, you agree to provide true, accurate, current and complete information about yourself. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Member Content. Appitalism has the right but not the obligation to remove or edit Member Content, but does regularly review Member Content. Appitalism takes no responsibility and assumes no liability for any Member Content. Member Account data and certain other information about you are subject to our Privacy Policy at http://www.appitalism.com/privacy.php. If you do not comply with this Section, or Appitalism has reasonable grounds to suspect that you have not, Appitalism has the right to suspend or terminate your Member Account and refuse any and all current or future use of the Service.
    • You are responsible for maintaining the confidentiality of the Member Account information such as your password, and are fully responsible for all activities that occur under your password or Member Account.
    • Appitalism has no responsibility or liability for the blocking, deletion or failure to store any Member Content maintained or transmitted by the Service.
    • Appitalism reserves the right to cancel Member Accounts or any components of Member Accounts at its sole discretion at any time
    • You will not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating and reviewing system used on the Service; (ii) interfere with, manipulate, or take any actions that may undermine the integrity of any app rewards loyalty points system used on the Service; (iii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iv) collect or store personal data about other Members; or (v) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other Member without their prior explicit consent.
    • You are solely responsible for your interactions with other Members of the Service. Appitalism reserves the right, but has no obligation, to monitor disputes between you and other Members.
    • Without limiting other remedies, Appitalism and its affiliates may immediately warn you about your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your Member Account and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Members. Your Member Account will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and Appitalism in any way.
    • That you are solely responsible for, and will choose carefully, the words, information, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on or through the Service or make available to other Members through the Service (collectively, "Member Content").
    • You are responsible for all Member Content. Information or Member Content provided by other Members may contain inaccurate, inappropriate or offensive material, products or services, and Appitalism assumes no responsibility or liability for this material. Appitalism reserves the right, in its sole discretion, to reject, refuse to post or remove or modify any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
    • The following is a partial list of the Member Content that is illegal or prohibited on the Service. Appitalism reserves the right to investigate and take appropriate action, including legal action, in its sole discretion against any Member who violates this provision, including without limitation, removing the offending Member Content from the Service and suspending or terminating the Member Account of such violators. Prohibited Member Content includes that which: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; (xi) involves commercial activities and/ or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (xii) uses any unfair, misleading or deceptive Member Content intended to draw traffic to the profile.
    • If Appitalism, in its sole discretion, suspects that any Member Content infringes upon third party copyrights or trademarks, Appitalism may, without notice, temporarily or permanently (a) remove Member Content from distribution through the Service; (b) modify Member Content to comply with applicable intellectual property laws; and/or (c) cease all marketing or promotion of the Member Content.
    • By submitting the Member Content, in whole or in part, to Appitalism, you thereby assign to Appitalism the right to use the Member Content in connection with the promotion, distribution or sale to a third party of some or all of the Member Content.

  5. Representations and Warranties

    1. You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all prior owners of any right, title and interest in and to any Member Content you post, submit, transfer or link to.
    2. You represent and warrant that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Your Member Account or access to the Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your Member Account is solely for your personal use, and you shall not authorize others to use your account.
    3. You represent and warrant that you are solely responsible for all Member Content posted, uploaded, published or displayed on the Service through your Member Account, including any messages, and for your interactions with other Members. You shall be solely responsible for your Member Content and the consequences of posting or publishing it. In connection with Member Content, you affirm, represent, and/or warrant that: (i) no Member Content or any use thereof by Appitalism shall defame any third party or infringe upon or violate any other rights of any third party, including without limitation, any patent, trademark, copyright, trade secret right, contractual right, right of publicity or right of privacy; (ii) you own or have the necessary licenses, rights, consents, and permissions to transfer all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Content in the manner contemplated by these Terms of Use; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Member Content to use the name or any likeness of each and every such identifiable individual person to enable inclusion and use of the Member Content in the manner contemplated by the Service and this Agreement.
    4. You represent and warrant that you shall not act in any manner, or post or upload any Member Content, that conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
    5. You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
    6. You represent and warrant that you will not use the Service to upload, post, link to, email, transmit, or otherwise make available 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 any telecommunications equipment.

  6. Paid Services

    Members may create Member Accounts, use most feature of the Service and obtain a limited selection of Digital Content free of charge. However, some of the Digital Content and some of the features of the Service are only available to paying Members (the "Paid Services"). To use any of the Paid Services, Members will be obligated to provide Appitalism with additional Member Account information including your billing information. Members who are actively using Paid Services agree not to share their Member Account details with anyone. You agree to (i) immediately notify Appitalism of any unauthorized use of your password or Member Account or any other breach of security, and (ii) ensure that you exit from your Member Account at the end of each session. Appitalism cannot be held liable for any loss or damage arising from your failure to comply with this Section.

    Members purchase Paid Services through only one of the payment options listed below. Payment options can be set up during the checkout process when purchasing Paid Services for first time, or from within the My Account section of the Service.

    App Cash. Members may purchase Paid Services on an a la carte basis with no ongoing commitment or obligation. Appitalism allows Members to make such purchases using any method available and being accepted on the Service at the time of purchase. There is no minimum purchase requirement for App Cash purchases.

    Appitalism may also offer you reward points ("App Rewards") when you perform certain Member activities while using the Service. App Rewards have no monetary value. You may not obtain any money in exchange for App Rewards and no refunds are available for unused App Rewards. You may only use App Rewards in connection with App Cash purchases. You are solely responsible for any taxes which may be assessed against you in connection with App Rewards. Appitalism has no obligation to continue making App Rewards available either generally or in connection with any particular Member activities. Appitalism may limit your use of App Rewards, including applying limits to: the number of App Rewards you may have credited to your App Rewards balance at one time, the number of App Rewards you may redeem within a given time period, and the number of App Rewards you may obtain for performing any given Member activity. Appitalism may cancel, suspend, or otherwise limit your access to your App Rewards if we suspect fraudulent, abusive, or unlawful activity with regard to your App Rewards balance. If you believe that your balance does not reflect App Rewards that you have acquired validly, you must contact Appitalism within 12 months of the date you claim to have acquired the App Rewards. We may require reasonable documentation to support your claim.

    App Card. Members may elect to make purchases from a premium account referred to as an "App Card" account. Members can put money into their App Card accounts using any of the methods available and being accepted on the Service at the time of payment. There is a minimum initial deposit of $5.00 for App Card accounts. App Card accounts will be credited with a balance equal to 150% (one hundred and fifty percent) of the initial depository amount. For example, if the Initial Card Amount were $20, the Member Account would be credited with $30. For all subsequent deposits, App Card accounts will be credited with a balance equal to 120% (one hundred and twenty percent) of subsequent depository amounts. For example, if the App Card were reloaded with $10, the Member Account would receive a $12 credit. There is no obligation to reload the App Card account and unused balances on the App Card account do not expire. Members may elect to set up automatic deposits into their App Card account.

    App Club. Members may elect to purchase automatically renewable monthly subscriptions at a price of either $4.99 or $9.99 per month. Each month, on the monthly anniversary date of the day you signed up for the App Club subscription plan ("Monthly Renewal Date"), Appitalism will charge you the relevant monthly fee, as applicable, for your App Club subscription (the "Monthly Fee"). The App Club Monthly Fee is automatically renewable on a monthly basis unless previously terminated by you. Upon initial registration, your App Club account will be credited with a balance equal to 150% (one hundred and fifty percent) of the Monthly Fee. For all subsequent months of an App Club subscription, your App Club account will be credited with an amount equal to 120% (one hundred and twenty percent) of the Monthly Fee. You may cancel your App Club subscription plan at anytime by either emailing Appitalism customer support at help@appitalism.com or by calling Appitalism customer support toll-free at 1-877-428-0448. A cancellation shall go into effect thirty (30) days from the date of notification to Appitalism. Upon cancelation of an App Club subscription plan, the Member Account will remain active but be converted back to a free of charge Member Account. Any Digital Content available on the Service that can only be accessed by Members whose App Club subscription plan permits such access will no longer to be available to that Member upon cancelation of the related App Club that grants access to that Digital Content.

  7. Digital Content

    The Service includes a catalog featuring a variety of digitized content, including but not limited to applications, sound recordings, videos, wallpapers, eBooks, videos and games (the "Digital Content"). As a Member of the Service, Appitalism requires that you acknowledge and agree the following:

    • All Digital Content, including sound recordings, eBooks, apps, games, wallpapers and videos is provided for your personal, non-commercial, entertainment use;
    • All Digital Content embodies the intellectual property of a third party and is protected by law;
    • Content owners may, from time-to-time, remove Digital Content from the Site without notice
    • You agree that you will not attempt to modify any software or Digital Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Content;
    • You agree to comply with all applicable laws, including copyright law, in your use of the Digital Content and to protect the applicable Digital Content owners rights therein;
    • Any reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of the Digital Content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner is expressly prohibited;
    • Other than as expressly set forth herein, copying, sharing or transferring of the Digital Content is expressly prohibited;
    • Each purchase of Digital Content shall be deemed a final, non-refundable sale;
    • The availability and prices of Digital Content are subject to change without notice;
    • Digital Content owners and Digital Content providers are the intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you;
    • All Digital Content is provided "as-is" and "as available" without warranties of any kind from Digital Content owners or Digital Content providers. To the full extent permissible by applicable law, Digital Content owners and Digital Content providers disclaim all warranties of merchantability and fitness for a particular purpose. Neither Digital Content owners nor Digital Content providers warrant that the Digital Content, information, materials or products included on or otherwise made available to you through the Service are free of viruses or other harmful components;
    • Neither Digital Content owners nor Digital Content providers will be liable for any indirect, incidental, punitive, special or consequential damages of any kind arising from the use of the Digital Content, or for any damages in excess of the amount paid for the specific item of Digital Content giving rise to the applicable claim for damages;
    • Digital Content owners reserve the right to modify the usage rules contained in this Agreement at any time;
    • Monitoring usage of the Digital Content entails the ongoing involvement of and/or monitoring by Digital Content owners, Digital Content providers and licensors;
    • Digital Content owners and Digital Content providers reserve all rights that they may have in law or equity to enforce this Agreement or the use of the Digital Content;
    • Audio downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of albums;
    • Audio downloads are encoded in a high quality MP3 format;
    • Once an audio download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device;
    • Streams may not be captured, saved, copied or stored by any means whatsoever, unless such functionality is made available on Content Provider's Service;
    • Sound recordings may not be used as a musical "ringer" in connections with phone calls, unless the Service expressly markets the sounds records as being a "ringer";
    • You acknowledge that use of eBook downloads may require extra software and/ or hardware, and any use of such software and/or hardware is your sole responsibility.

  8. Music Download Service

    The Music Download Service and any related software may enable you to obtain, listen to, view, and/ or read (as the case may be) Digital Content that may be obtained by you, and you shall do so solely for your personal, noncommercial entertainment use. This Digital Content may be owned by Appitalism or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to the Digital Content will be limited by copyright law. You agree not to make any use of the Digital Content that would infringe the copyright therein. You agree that you will not attempt to modify any software or Digital Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Content. Any permanent downloads of Sony Music Entertainment products are sold directly by Sony Music Entertainment Digital LLC via MediaNet Digital, Inc. as its agent.

    You represent, warrant and agree that you are using the Service hereunder for your own personal, noncommercial entertainment use and not for redistribution of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Digital Content, or otherwise transfer any copies of Digital Content obtained through the Service. Appitalism and/or the owners of the Digital Content may, from time to time, remove Digital Content from the Service without notice. The owners of Digital Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. Appitalism, as a reseller to you, or as Agent for Sony Music Entertainment Downloads, LLC, does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. THE SERVICE INCLUDING ALL PRODUCTS, DIGITAL CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND FROM APPITALISM OR ANY OWNERS OF DIGITAL CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APPITALISM AND ALL OWNERS OF DIGITAL CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPITALISM NOR ANY OWNER OF DIGITAL CONTENT WARRANTS THAT THE SERVICE OR ANY DIGITAL CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    WITHOUT LIMITING ANY PROVISION HEREIN, APPITALISM MAKES NO WARRANTY THAT ANY PARTICULAR MEMORY DEVICE OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE SERVICE OR THAT ANY MEMORY DEVICE OR PORTABLE DEVICE USED WITH THE SERVICE WILL FUNCTION AS DESCRIBED. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY. The delivery of a product or Digital Content does not transfer to you any commercial or promotional use rights in the product or Digital Content. You acknowledge that some products may contain security technology that limits your use of the products or Digital Content in accordance with the usage rules. The security technology is an inseparable part of the products and Digital Content.

  9. Copyrights

    Appitalism respects the intellectual property of others, and we ask our Members to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Appitalism with the following information ("Copyright Notice"): (1) a description of the copyrighted work or other intellectual property that you claim has been infringed; (2) a description of where the material that you claim is infringing is located on the Service; (3) your address, telephone number, and email address; (4) 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; and (5) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (6) a statement by you, made under penalty of perjury, that the above information in your Copyright 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.

    Notices of claims of other intellectual property infringement must be sent to Appitalism at: DMCA Complaints, Appitalism Inc., 247 West 36th St, Suite 301, New York, NY 10018, USA, Tel +1 (877) 428-0448, Fax +1 (212) 223-0819, copyrights@appitalism.com. Please note that this procedure is exclusively for notifying Appitalism and its affiliates that your copyrighted material has been infringed.

  10. Disclaimer, Indemnification, Limited Liability

    The views expressed on or through the Service are not the views of Appitalism. You acknowledge that any reliance on any opinion, advice, statement, or information available on the Service is at your sole risk. The Service contain views, opinions, statements, and recommendations of third-party individuals and organizations, and Appitalism does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service. Appitalism makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Service and does not warrant that the functions contained on the Service will be uninterrupted or error-free, or that defects will be corrected.

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPITALISM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. APPITALISM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPITALISM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

    You hereby indemnify and hold harmless, and upon request by Appitalism, defend, Appitalism; its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; (ii) any allegation that any Member Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or Appitalism or any Member's use thereof violates or infringes the rights of another party; or (iii) a breach of any warranty, representation, covenant or obligation of yours under a development agreement with another Member, which was entered into through the Service. You will reimburse Appitalism and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 10, provided that Appitalism attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Appitalism shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon request of Appitalism. Appitalism shall have the right, at its expense, to participate in the defense thereof under your direction.

    EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 10(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 5, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPITALISM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO APPITALISM FOR THE SERVICE DURING THE TERM OF SUBSCRIPTION.

  11. Applicable Law

    This Agreement and the relationship between you and Appitalism shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Appitalism agree to submit to the personal and exclusive jurisdiction of the courts located within the State and County of New York.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

    The failure of Appitalism to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

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