Legal - Terms of Service
You must read and agree to this Terms of Service Agreement ("Agreement") if
you are a User of AppYet's website or AppYet’s application. AppYet's website
consists of its site located at the URL http://appyet.com, as well as its application,
widget, and gadget for social networks (including but not limited to Facebook Platform,
Twitter). Collectively herein,
the AppYet Services and the AppYet website and applications will be referred to
as the "Site".
There are two general types of users, registered users that have registered with
AppYet or who have registered with an authorized third party that provides access
to AppYet Services ("Registered Users"), and visitors of the Site ("Visitors"),
such as someone invited to view another's application.
Updates to the Terms of Service
This Terms of Service Agreement was last updated on July 5, 2011. We reserve
the right, at any time, to modify the Site and/or the terms of this Agreement without
prior notice. We recommend that you check these Terms of Service periodically to
see if there have been any modifications. Modifications will become effective immediately
upon being posted on the Site. Your continued use of the Site after modifications
are posted will be considered an acceptance of the modified Terms of Service.
Description of Services
The Site is owned and operated by AppYet. The AppYet
Site provides Registered Users with the ability to create and manage personalized mobile applications for Android
You understand and agree that although we will use reasonable efforts to ensure
the Site is available to its Users, temporary interruptions of the services available
through this Site may occur. The services available on this site are provided "AS
IS" and AppYet is not liable to you for any temporary interruption in services.
Registration Data, Passwords, and Privacy
By registering with us, you agree that all information provided to us is true and
accurate and you will update this information in order to keep it current, complete
During the registration process, you will be asked to select a password. The password
and your account are for your individual use only, and are not to be shared with
coworkers, friends or family. You agree to keep your password confidential at all
You agree to be fully responsible for activities or transactions that relate to
your account or your password. You must notify AppYet immediately if you learn
of an unauthorized use of your password.
All information we obtain about you in connection with your use of this Site is
Payment of Fees
AppYet may provide you with the ability to pay the Fees through a service such
as PayPal . All subscriptions paid
through these third parties are subject to the third party's Terms of Service, and
we will not be responsible for anything contained therein. You are responsible for
payment of any sales or use taxes associated with the Fees or your use of the Site.
If, for any reason, your payment is not received by AppYet, your application(s)
will revert to a Lite until payment is received by us. Even if you
do not use our service or application. Payments are nonrefundable.
In the event legal action is necessary to collect on balances due, you agree to
reimburse us for all expenses incurred to recover sums due, including attorney fees
and other legal expenses.
Conduct on Site
You agree to obey all applicable rules and regulations in using the Site, and agree
that you are responsible for the contents of your submissions or communications
through the site, including Image Content, Text Content, and Article Source (collectively, "Submissions").
We do not endorse the contents of any Submissions, and expressly disclaim any and
all liability in connection with Submissions. We do not pre-screen or monitor Submissions.
However, we have the right at our sole discretion to remove any content of any kind
that, in our judgment, does not comply with these Terms of Service and any other
rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate.
We are not responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against us arising out of such removal
If you would like to notify us of content which you believe does not comply with
these Terms of Service, please send an emailto firstname.lastname@example.org. Make sure to include
both the application package name for the non-complying content,
and the reasons you believe it does not comply. You understand that in using this
Site, you may be exposed to materials that are objectionable as set forth above.
You hereby waive and agree to waive all rights, claims, and actions in law or equity
against AppYet arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to
gain unauthorized access to another network or server. Users who violate systems
or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account
without prior notice to you and without reimbursement if we suspect a violation
any of these Terms of Service. In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in investigating suspected
Disclaimer of Warranties
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET
YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE,
ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY
YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE
IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT,
OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS
SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, IS DONE AT
YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY
FOR PRODUCTS," AppYet EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR
PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS,
OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR
EXCLUSIVE REMEDY AND AppYet'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING
OUT OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID AppYet, IF ANY, FOR ANY
PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE
THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL AppYet BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR
OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE
CONTENT. AppYet SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE
TO YOUR IMAGE CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold AppYet, its parents, subsidiaries, affiliates,
officers and employees, harmless from any liabilities, claims, expenses or demands,
including reasonable attorneys' fees and costs, made by any third party due to or
arising out of (a) your use or misuse of the site, (b) the using of your content
or application, (c) the violation of laws, rules, regulations or terms this Agreement,
or (d) infringement by your content, by you, or by someone using your account, of
any intellectual property or any other right of any person or entity. AppYet reserves
the right, at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will cooperate
with AppYet in asserting any available defenses.
Use of Site and Storage of Material
Upon registering with AppYet, you will be assigned one (1) user account. You are
limited to one account per person.
You agree that we have no responsibility or liability for the deletion or failure
to store any content maintained or transmitted on or through this site. The accounts
of our Users operate on shared resources. Excessive use or abuse of these shared
network resources by one User may have a negative impact on all other users. Misuse
of network resources in a manner that impairs network performance, including excessive
consumption of CPU time, memory, disk space, and session time, is prohibited. You
acknowledge that we have the right, at our sole discretion, to terminate your account,
limit the number of transmissions you may send or receive through our site, or limit
the amount of storage space, bandwidth, or other resources you may use.
Do not rely upon this Site as a primary storage space for User content. You should
preserve backup copies of any digital data, information or other materials that
you have uploaded.
We reserve the right to change these general practices and limits at any time in
our sole discretion. It is your responsibility to periodically check these Terms
of Service for updates.
Termination of Use
We may terminate or suspend your use of this Site at our discretion and for any
reason. Any suspected fraudulent, abusive or illegal activity may be grounds for
terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right
to use the services available on this site immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or this site. We shall not be liable to you or any third party for any claims or
damages arising out of any termination or suspension or any other actions taken
by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third
Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation
of Liability, Indemnification, Termination of Use, Referral Program, Governing Law,
Any failure to comply with the above or using unapproved methods of referring third
parties to the Site, including without limitation delivering the AppYet Site content
in a framed environment, is a violation of this Terms of Service, will not result
in a credit or incentive to Referrer, and may result in a termination or suspension
of Referrer's AppYet account at AppYet's discretion.
The laws of the state of California, USA, will apply to all matters relating to
these Terms of Service, the use of this Site and/or services provided through this
Site, without regard to the conflicts of laws principles nor the United Nations
Convention on the International Sale of Goods. You agree to submit to the exclusive
personal jurisdiction and venue of the United States District Court, Northern District
of California in San Francisco, California USA.
All notices to a User or to AppYet shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer
Service at email@example.com. In
addition, we may broadcast notices or messages through the site to inform you of
changes to the site or other matters of importance, and such broadcasts shall constitute
notice to you.
If any provision of this Agreement shall be unlawful, void or unenforceable for
any reason, the other provisions shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by AppYet, in our sole discretion,
to any third party at any time. You may not transfer or assign any of your rights
and obligations under this Agreement, and any attempt to do so will be null and
agreement and understanding between us concerning the subject matter hereof and
supersedes all prior agreements and understanding of the parties with respect thereto.
Any attempt to modify or supplement the terms of this Agreement and/or the Privacy
Policy shall be null and void unless agreed to in writing signed by both parties.
Any failure by us to enforce or exercise any provision of these Terms of Service
or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to
costs and attorneys' fees.