Appeon Inc., together with its companies and affiliates ("Appeon") offer multiple websites (“Appeon Websites”) for you ("You") and other interested parties ("Users") to engage in a variety of activities related to products and services provided by Appeon, including but not limited to information research, online purchasing, obtaining technical support,sharing ideas and technical know-how, and voting on prospective features. The Appeon Websites include information created by Appeon (“Appeon Content”) and third parties (“User Content”), such as text, images, video, source code, and software (collectively “Content”).
1. ACCEPTANCE OF TERMS
2. USER CONTENT
By posting, uploading, or submitting any User Content, including but not limited to article, information, image, video, source code, suggestion, feedback, idea, on Appeon Websites, You grant, and You represent and warrant that you have a right to grant, to Appeon a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up and royalty free license (with the right to sublicense) to use, reproduce, modify, prepare derivative works, translate, publish, distribute, such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. Nothing in this TOU shall prohibit or restrict Appeon’s right to create or obtain User Content similar to or competitive with the User Content that You have submitted.
Appeon has the sole right to decide what User Content to post or publish to Appeon Websites or media or other distribution methods, and to withdraw any posted or published User Content for any reason and without notice to You. Appeon may continue to use User Content after any termination of your account or Your access to Appeon Websites.
3. USE OF THE APPEON WEBSITES AND CONTENT
Subject to the terms and conditions of this TOU, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Appeon Websites and Content. Appeon reserves all rights not expressly granted herein in the Appeon Websites and Appeon Content (as defined below). Appeon may terminate this license at any time for any reason or no reason.
All right, title, and interest in and to the Appeon Websites and Appeon Content are and will remain the exclusive property of Appeon and its licensors, and User Content belongs to the individual or entity that submitted it. The Appeon Websites and Content is protected by copyright, trademark, and other laws of the United States and foreign countries. Nothing in this Agreement gives you a right to use the Appeon name or any Appeon trademarks, logos, domain names, or other distinctive brand features, or those of any Appeon licensor.
You must NOT do any of the following while accessing or using the Appeon Websites:
- violate any applicable laws and regulations of the U.S. and any laws and regulations of a non-U.S. jurisdiction applicable to You;
- post any User Content in violation of any applicable law (including intellectual property laws and right of privacy or publicity laws) or any contractual or other legal obligation (including confidentiality agreements);
- post any User Content that is defaming, abusive, threatening, hateful, or that you know to be untrue, misleading, or deceptive;
- publish or link to any malicious content, including but not limited to software viruses, Trojan horses, worms, or any other software designed to damage or disrupt any computer hardware, software, or property;
- impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any User Content;
- perform any unsolicited or unauthorized advertising, including publishing or linking to promotional materials and surveys, collecting personal information of other Users, linking to commercial websites, or any other form of solicitation;
- access or tamper with(or attempt to do so) non-public areas of the Appeon Websites or the servers or networks which support the Appeon Websites; or
- interfere with or disrupt (or attempt to do so) the servers or networks which support the Appeon Websites, or disobey any policies or regulations of networks connected to the Appeon Websites.
YOU AGREE THE APPEON CONTENT AND USER CONTENT MAY ONLY BE USED FOR INFORMATIONAL NON-COMMERCIAL PURPOSES AND WILL NOT BE POSTED, PUBLISHED, OR DISTRIBUTED IN ANY MANNER OR MEDIA. APPEON MAY, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE, CHANGE THE APPEON WEBSITES OR CONTENT, OR STOP PROVIDING OR LIMIT ACCESS TO THE APPEON WEBSITES OR CONTENT TO YOU OR TO USERS IN GENERAL.
4. COPYRIGHT POLICY
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Appeon's Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright owner;
- identification of the copyrighted work that you claim has been infringed, or if multiple works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing and where it is located on the Appeon Websites;
- your address, telephone number, and e-mail address;
- 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 law; and
- a statement by you, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Appeon’s Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Legal Department
425 1st Street, Unit 1507
San Francisco, CA 94105, USA
Appeon may, for any or no reason and without prior notice, terminate the TOU or your access or use of the Appeon Websites and Content. In the event Appeon terminates the TOU or your access or use of the Appeon Websites and Content due to your material breach of the TOU then termination of the TOU shall be in addition to any other remedies Appeon may have at law or in equity. Appeon shall not be liable to You or any third party for any such termination.
If You wish to terminate Your account, you may do so by submitting Your request via email to firstname.lastname@example.org. Please note that in the event that you elect to terminate Your account, Appeon has the right to continue to post and publish on the Appeon Websites User Content that you have posted and personally identifying information associated with such User Content.
You may be required to register with Appeon before You can use some Appeon Websites or portions thereof. Registration will require you to provide certain information, which includes personally-identifiable information, such as your name and email address (“Registration Data”). You agree that Appeon may use Registration Data to identify You on the Appeon Websites and communicate with You regarding Your activities on the Appeon Websites, including any notices required by law, in lieu of communication by postal mail.
You agree the Registration Data You provide shall be complete, true, and current information, and to promptly update Your Registration Data whenever any changes. You may, at any time and for any reason, request Appeon to assist You with updating Your Registration Data.
YOU ARE SOLELY REPONSIBLE FOR THE SECURITY OF THE PASSWORD YOU USE TO ACCESS THE APPEON WEBSITES AND FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR USERNAME AND PASSWORD. YOU AGREE TO NOT SHARE YOUR PASSWORD WITH OTHERS OR USE THE ACCOUNT OF ANOTHER USER AT ANYTIME. APPEON SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE REQUIREMENTS.
7. THIRD PARTY CONTENT AND LINKS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THIRD PARTY CONTENT AND LINKS SHALL BE AT YOUR OWN RISK. Appeon does not warrant the accuracy, fitness for particular use, non-infringement of intellectual property rights, or usefulness of any Content provided by third parties on Appeon Websites or the contents of any external websites linked from Appeon Websites. Appeon shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked websites. Appeon does not control and/or review the linked websites and the information provided by third parties.
8. USE OF APPEON AND THIRD PARTY SOFTWARE
Your access and use of any software or related documentation, including developer tools and sample code, (collectively "Software") is governed by the software license agreement ("License Agreement") that accompany such Software. By using or installing any Software You agree to the terms of the License Agreement accompanying such Software. In the event that Software provided through an Appeon Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, non-commercial purposes and may not be redistributed.
All Appeon Software is the copyrighted work of Appeon and its licensors. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the Appeon Software, is an infringement of the copyright holder’s rights.
You agree to defend, indemnify and hold harmless Appeon and its licensees and licensors, and its officers and directors, employees, contractors, agents, and partners from and against any claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from Your usage of an Appeon Website, including any data or User Content transmitted or received by You, Your breach of this TOU (including any additional legal terms), or any other party’s access or use of the Appeon Websites with your username and password.
10. EXCLUSION OF WARRANTIES
YOUR USE OF THE APPEON WEBSITES AND CONTENT SHALL BE AT YOUR OWN RISK. You understand and agree that the Appeon Websites and Content are being provided to You “AS IS”. Without limiting the foregoing, Appeon and its partners disclaim any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. Appeon does not guarantee or warrant the completeness, accuracy availability, security, reliability, or quality of Appeon Websites. No advice or information, whether oral or written, obtained from Appeon or through Appeon Websites, will create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties so the limitations above may not apply to You.
11. LIMITATION OF LIABILITY
APPEON WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM, LOSSES, OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON APPEON WEBSITES AND APPEON CONTENT AND USER CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPEON AND ITS LICENSORS, OFFICERS AND DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF APPEON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN APPEON WEBSITE, APPEON SOFTWARE, APPEON CONTENT, OR USER CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON AN APPEON WEBSITE; (iii) UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO AN APPEON WEBSITE, APPEON CONTENT, OR USER CONTENT. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.
12. EXPORT CONTROL
The Software and Content provided on and through an Appeon Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions. As such, U.S. and international laws and regulations may govern the import, export, and use of such Software and Content.
YOU AGREE THAT YOUR USE OF THE APPEON WEBSITE AND ANY SOFTWARE OR CONTENT PROVIDED ON OR THROUGH AN APPEON WEBSITE WILL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND THE COUNTRY FROM WHICH YOU ARE ACCESSING THE APPEON WEBSITE.
13. GENERAL TERMS
This TOU and any action related thereto will be governed by the laws of the State of California, U.S.A. without giving effect to any principles of conflicts of law provisions. All claims, legal proceedings or litigation arising in connection with the Appeon Website will be brought solely in San Francisco County, California, U.S.A. and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The TOU represents the entire and exclusive agreement between Appeon and You in respect of its subject matter and supersedes any prior agreements between Appeon and You relating to its subject matter. IF APPEON PROVIDES YOU WITH A TRANSLATION OF THE ENGLISH LANGUAGE VERSION OF THE TOU, THE ENGLISH LANGUAGE VERSION OF THE TOU WILL BE THE VERSION USED WHEN INTERPERTING OR CONSTRUING THESE TERMS.
You agree that Appeon may provide notices to you by email, regular mail, or through posting on the Appeon Websites, as determined by Appeon in our sole discretion. You may provide us with legal notices by regular mail at the postal address set forth below:
Attention: Legal Department
425 1st Street, Unit 1507
San Francisco, CA 94105, USA
You may not assign or otherwise transfer your rights and obligations under the TOU, in whole or in part, without Appeon’s written consent and any such attempt will be void. Appeon may transfer our rights under these terms to a third party.
The failure of Appeon to exercise or enforce any right or provision of this TOU shall not be deemed a waiver of such right or provision. In the event that any provision of this TOU is found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU valid and enforceable under applicable laws and the remaining provisions of this TOU shall remain in full force and effect.
Revised and posted as of May 25, 2018