The effective date of these Social App Holdings, LLC Terms of Service is September 29, 2009.
Thank you for using Social App Holding's (referred to herein as "AppBank") innovative platform that enables you to create and upload social content to major social networks like Facebooktm and to potentially make money doing so. AppBank provides the AppBank service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.appbank.com or any other websites launched by AppBank (collectively, the "AppBank Site") by AppBank (collectively, these "Terms").
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE APPBANK SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE APPBANK SITE, OR UPLOADING OR DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice on the AppBank Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service or the AppBank Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
AppBank provides users with access to a network of social tools, a crowd-sourcing platform, including application building and training resources, including potential sharing in advertising services, and the ability to promote and market their social applications (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Subject to the restrictions on use and on posting set forth in these Terms, you may: use the AppBank Site to create social applications, _, and download or copy the portions of the information, data, text, sound, pictures, and other materials available via the Service, and other items displayed on the AppBank Site ("Content"), for your own use. You may not copy or distribute any portion of the AppBank Site and/or the Service for any purpose not authorized above without the express written permission of AppBank. AppBank does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL APPBANK BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. AppBank reserves all rights with respect to the Service and the AppBank Site not expressly specified herein.
In consideration of use of the Service and the AppBank Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or AppBank has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, AppBank has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a AppBank business site that you are not legally entitled to claim, AppBank will be entitled to collect liquidated damages of $1,000 per violation or actual damages incurred by AppBank from you. You understand and agree that the Service may include certain communications from AppBank, such as service announcements, administrative messages, and the AppBank Newsletter, and that these communications are considered part of AppBank membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not AppBank, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant AppBank the license to such Content set forth in Section 6 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. Beyond basic and necessary content filters AppBank does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the AppBank Site, you agree not to:
1. Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit personal information from anyone under 18;
3. Post information that is pornographic or sexually explicit in nature;
4. Post false or intentionally misleading information;
5. Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by AppBank;
6. Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
7. Impersonate any person or entity, including, but not limited to, a AppBank official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
9. Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
10. Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the AppBank Site, the Service, or in any Content;
11. Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
12. Interfere with or disrupt the Service or the AppBank Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the AppBank Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
13. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
14. "Stalk" or otherwise harass another user;
15. Collect, harvest, or store personal data about users, or members for any reason other than to solicit and share reviews or to gain more information about a learning or teaching opportunity;
16. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the AppBank Site and/or Service;
17. Create or submit unwanted email or messaging ("Spam") to any other AppBank user or otherwise interfere with the enjoyment of other members or users of the AppBank Site or the Service;
18. Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the AppBank Site and/or the Service;
19. Access, retrieve, or index any portion of the AppBank Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
20. Reformat or frame any portion of the web pages that are part of the AppBank Site and/or Service;
21. Create user accounts by automated means or under false or fraudulent pretenses;
22. Use of the AppBank Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in AppBank's sole discretion, an unreasonable or disproportionately large load on AppBank's IT infrastructure; or
23. Copy or store any Content offered on the AppBank Site for other than your own use;
You understand and agree that AppBank may review and delete any Content that in the sole and absolute judgment of AppBank violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the AppBank Site and/or other website users.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with AppBank's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by AppBank.
AppBank does not claim ownership of the Content you place on the AppBank Site or Platform or on social networks. By uploading, submitting or otherwise disclosing or distributing content of any kind on the AppBank Site or otherwise through the Service, you:
• Grant to AppBank, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas, or know-how embodied therein;
• Represent and warrant to AppBank that you own or otherwise control all rights to such Content (including the ability to grant AppBank this license) and that disclosure and use of such Content by AppBank (including without limitation, publishing Content at the AppBank website) will not infringe or violate the rights of any third party; and
• Acknowledge that the Content may not be treated confidentially.
You agree not to provide AppBank with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that AppBank does not pre-screen Content, but that AppBank and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, AppBank and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable (in AppBank's sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Member agrees that during the term of this Agreement, Appbank may use Member's name and logo in presentations, marketing materials, customer lists, financial reports, and web page listings of customers.
Nondisclosure and Nonuse Obligations
Recipient agrees that Recipient will not use, disseminate, or in
any way disclose any Confidential Information to any person, firm or business,
except to the extent necessary for internal evaluations in
connection with negotiations, discussions, and consultations with personnel or authorized representatives of
AppBank and for any other purpose< AppBank may hereafter authorize in writing. Furthermore, the
existence of any business negotiations, discussions, consultations or agreements in progress between the
parties shall not be released to any form of public media without the prior written approval of
AppBank. Recipient agrees that it shall take all reasonable measures to protect the secrecy of and avoid
disclosure and unauthorized use of AppBank's Confidential Information. Without limiting the
foregoing, Recipient agrees that Recipient shall treat all Confidential Information of AppBank with the same
degree of care as Recipient accords to Recipient's own Confidential Information. Recipient agrees that
Recipient shall disclose Confidential Information of AppBank only to those of Recipient's
employees who need to know such< information and certifies that such employees have previously
agreed, either as a condition of employment or in order to obtain the Confidential Information, to
be bound by terms and conditions substantially similar to those terms and conditions applicable to
Recipient under this Agreement. Recipient will immediately give notice to AppBank of any
unauthorized use or disclosure of the Confidential Information. Recipient agrees to assist AppBank in
remedying any such unauthorized use or disclosure of the Confidential Information. IV.
Exclusions from Nondisclosure and Nonuse Obligations.
Recipient's obligationsunder Section II with respect to any portion of Confidential Information shall not apply to any suchportion that Recipient can document in writing either (a) was publicly known and made generallyavailable in the public domain prior to the time of disclosure by AppBank; (b) became publicly knownand made generally available after disclosure by AppBank to the Recipient through no action orinaction of the Recipient; (c) was already in the possession of the Recipient at the time of disclosureby AppBank as shown by the Recipient's files and records immediately prior to the time of disclosure;or (d) is obtained by the Recipient from a third party without a breach of such third party's obligationsof confidentiality. A disclosure of any portion of Confidential Information, either (a) in response to avalid order by a court or other governmental body, or (b) otherwise required by law, shall not beconsidered to be a breach of this Agreement or a waiver of confidentiality for other purposes;provided, however, that Recipient shall provide prompt prior written notice thereof to AppBank to enable AppBank to seek a protective order or otherwise prevent such disclosure. V.
Ownership and Return of Confidential Information and Other Materials.
AllConfidential Information, and any Derivatives thereof whether created by AppBank or Recipient,remain the property of AppBank and no license or other rights to Confidential Information orDerivatives is granted or implied hereby. For purposes of this Agreement, "Derivatives" shall mean:(a) for copyrightable or copyrighted material, any translation, abridgment, revision or other form inwhich an existing work may be recast, transformed or adapted; (b) for patentable or patented material,any improvement thereon; and (c) for material which is protected by trade secret, any new materialderived from such existing trade secret material, including new material which may be protectedunder copyright, patent and/or trade secret laws. Recipient hereby does and will assign to AppBankall of Recipient's rights, title in interest and interest in and to the Derivatives. All materials(including, without limitation, documents, drawings, models, apparatus, sketches, designs, lists, andall other tangible media of expression) furnished to Recipient by AppBank shall remain the propertyof AppBank. At AppBank's request and no later than five (5) days after such request, Recipient shalldestroy or deliver to AppBank, at AppBank's option, (a) all materials furnished to Recipient byAppBank, (b) all tangible media of expression in Recipient's possession or control which incorporateor in which are fixed any Confidential Information, and (c) written certification of Recipient's compliance with Recipient's obligations under this sentence.
Recipient shall not assign or transfer any rights or obligationsunder this Agreement without the prior written consent of AppBank. This Agreement shall bind and
inure to the benefit of the parties hereto and their successors and assigns.
You agree to indemnify and hold AppBank, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of these Terms, or (d) your violation of any rights of another.
You agree that AppBank may, in its sole discretion and without notice, terminate your password, your use of the Service, the AppBank Site or use of any other aspect of the Service, and remove and discard any Content within the Service or the AppBank Site, for any reason, including, without limitation, for lack of use or if AppBank believes that you have violated or acted inconsistently with the letter or spirit of these Terms. AppBank may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that AppBank may immediately deactivate or delete your pages on the AppBank Site and all related information and files in your pages on the AppBank Site and/or bar any further access to such files or the Service. Further, you agree that AppBank shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
AppBank runs advertisements and promotions on the AppBank Site or Platform through our sister agency Manage.com. By creating your pages on the AppBank Site or Platform, you agree that AppBank has the right to run such advertisements and promotions. The manner, mode and extent of advertising by AppBank on your AppBank Site are subject to change in the sole discretion of AppBank.
The Service and the AppBank Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because AppBank has no control over such sites and resources, you acknowledge and agree that AppBank is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT APPBANK SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE
You agree that all Content and materials delivered via the Service or otherwise made available by AppBank are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by AppBank in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at the AppBank Site for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the AppBank Site to create or compile, directly or indirectly, a collection, database or directory without written permission from AppBank is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance.
Reproducing, copying, or distributing any Content, materials, or design elements on the AppBank Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of AppBank. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. AppBank grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AppBank for use in accessing the Service. AppBank hereby reserves all rights not otherwise expressly granted in this Section 13.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPBANK 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.
2. APPBANK 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.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPBANK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
IN NO EVENT SHALL APPBANK (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF APPBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND OR EMOTIONAL DISTRESS AND DISCOMFORT. USERS ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF SUCH DAMAGES MEETING WITH OTHER MEMBERS OF THE SERVICE OR THE APPBANK SITE OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE APPBANK SITE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO WEATHER, CONDITION OF PREMISES, NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF MEMBERS OF THE SERVICE, INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE APPBANK SITE, OR OTHER THIRD PARTIES.
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 OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the AppBank Site.
AppBank has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of AppBank's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
• AppBank Policy
It is AppBank's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
• Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the AppBank Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
• Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is AppBank's policy:
• Procedure to Supply a Counter-Notice to the Designated Agent. If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, AppBank may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at AppBank's discretion.
• Address for Designated Agent. Please contact AppBank's Designated Agent to Receive Notification of Claimed Infringement at the following address:
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and AppBank and govern your use of the Service, superseding any prior agreements between you and AppBank (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with AppBank's prior written consent. AppBank may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other AppBank services, third-party Content or third-party software. These Terms and the relationship between you and AppBank shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and AppBank agree to submit to the personal and exclusive jurisdiction of the courts located within Seattle, Washington, USA. The failure of AppBank to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 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 action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the AppBank Service, such activity is solely between you and the applicable third party. AppBank shall have no liability, obligation or responsibility for any such activity. You hereby release AppBank from all claims arising from such activity.
AppBank, the AppBank logo, and the "Making Social Money" tagline are proprietary service marks of Social App Holdings, LLC. © 2009 Social App Holdings, LLC. All rights reserved.
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND APPBANK AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THESE TERMS ARE GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON, USA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF WASHINGTON.
By using the AppBank Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause AppBank great and irreparable injury and damage. Accordingly, you agree that AppBank shall be entitled, without waiving any additional rights or remedies otherwise available to AppBank at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please report any violations of the Terms to us at firstname.lastname@example.org.