Terms Of Service
Last Updated: 13 August, 2012
Atrecto Innovations Corp., ("Attrecto") currently provides users with access to, and use of, information regarding various products and services on its web site located at instappbuilder.com ("InstApp"). InstApp and all products or services offered therein are referred to collectively as the "Service".
ACCEPTANCE OF TERMS
PLEASE READ THE TERMS VERY CAREFULLY!
The Service is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by Attrecto. Your use of the Service means you agree to all of the Terms and agree to them without modification or reservation.
MINIMUM AGE/PARENTAL CONSENT
By using the InstApp, you certify that you are above the age of majority in your state of residence. If you are under the age of majority but at least 13 years of age you may use the InstApp only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service. If you do not agree to (or cannot comply with) any of these terms and conditions, you are not permitted to register or use the InstApp.
Attrecto does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use the InstApp and parents or legal guardians may not agree to these Terms on their behalf.
There are several additional words that are used in these Terms that have a specific meaning in these Terms. The words defined in this section shall have the following meanings in these Terms, unless to do so would be contrary to the clear intent of these Terms:
- “Application” (often referred as “App”) means a computer software program designed to assist an end-user in performing singular or multiple related specific tasks on a mobile device, whether for entertainment, gaming, business, utility, information, or otherwise, which program has been developed by a user using the Service, whether or not such Application has been submitted to or published by any Application Store (defined below) to be available for downloading by end-users. The term “Application” shall include all related User Content (defined below) and source code used by the relevant user to create the Application.
- “Application Store” means a digital distribution platform, whether via mobile application or online via a website that enables end-users to browse, review, and download (whether free or at a cost) mobile applications directly to a mobile device or to a personal computer or computing device and that supports mobile applications developed using platforms available on the InstApp.
- "InstApp Content" means all software and mobile application development tools, other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of Attrecto on the InstApp, as well as the computer programs used to generate the pages on the InstApp.
- "User Content": Means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any user posts or transmits on the InstApp but expressly excludes all InstApp Content.
- "You", "your" and "user": Means all individuals and/or entities in whatever form accessing or using the Service for any reason.
You acknowledge that the Service is made available to you and provide to you based on the information that you provide upon registration as a user of the Service. Therefore, you agree and warrant that all registration information provided by you through this Web Site will be truthful, accurate and current and that you will update all registration information as and when necessary to keep it truthful, accurate and current. Providing any untruthful or inaccurate information may constitute a breach of these Terms. You are responsible for the security of your user name, password and account, and for any use of your user name, password and account. If you become aware of any unauthorized use of your user name, password and account, or other breach or compromise of security, you agree to notify Attrecto promptly. However, you may be held liable for losses incurred by Attrecto or any other user of or visitor to the InstApp due to someone else using your InstApp.com user name, password and account. Only one registration is allowed per person and your registration is personal to you and cannot be transferred to any other person.
You may not use anyone else’s InstApp.com password or account at any time. In addition, you should not use anyone else’s InstApp.com password or account at any time. Attrecto cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
A basic level of Service is offered to registered users without any monetary consideration, in exchange for (a) users’ agreement to allow Attrecto to insert banner or other advertisements, of Attrecto’s sole selection and at its sole discretion, in any Applications that are submitted on behalf such users to available online Application Stores and/or InstApp and (b) the licensed granted by users to Attrecto with respect to their Applications and User Content in the section captioned “LICENSES AND RIGHTS GRANTED TO ATTRECTO” below, whether or not any such Application has been submitted to or published by any Application Store. If you do not want to publish your Applications to available Application Stores with advertisements inserted by Attrecto, (a) do not use the “PUBLISH” feature, or (b) purchase the “NO ADS” feature in order to avoid advertisements (except the “powered by Attrecto” line on the splash screen). InstApp currently supports only the publication of free-to-end-user Applications to available. You may publish the Application by your own with Attrecto’s prior express written permission only.
Attrecto makes no promises, representations, warranties, guarantees or other assurances that any Application will be approved for publication by any Application Store. Submission and approval to an Application Store may take several weeks and there is no guarantee that an Application will be approved. Attrecto has no control over the approval processes employed by any Application Store. Attrecto has control over the approval processes employed by InstApp.com. If your Application is approved, Attrecto will attempt to notify you by sending you an e-mail, with a link to your Application. Attrecto will attempt to submit an Application to a relevant Application Store no more than once; if the approval fails Attrecto will inform you. Application Store disapproval does not necessarily results in the disapproval of publishing on InstApp.com.
Attrecto does not guarantee you that your Application is available on its server longer than 3 month. In order to access your application for modification, download or publish you need to subscribe for the Service. Only full service contains 1 year availability for modification.
100% SATISFACTION GUARANTEE
If for any reason you aren't fully satisfied with your app, we will provide a refund, with the following terms and conditions:
- Your complete satisfaction is important to us. If you are not completely satisfied with your InstApp application, contact us within 72 hours after building the app, for a refund of 100% of your payment.
- If you aren't fully satisfied with your app , please contact us at firstname.lastname@example.org with „I want a Refund” in the subject line
- You will receive your refund within 7 days of the receipt of your request.
- We are unable to issue any refunds after the 72-hour-period
- If your account has been banned by us, you will not be eligible to receive any refunds
TRADEMARK AND COPYRIGHT PROTECTIONS
The InstApp, in its entirety, (except for User Content), including the InstApp name and logo, and all other InstApp Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the InstApp (including color combinations, layout, design and all other graphical elements), are the sole property of Attrecto and/or its affiliates, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms is strictly prohibited without Attrecto's prior written permission. Please contact email@example.com to request permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Material published by Attrecto on the InstApp may contain other proprietary notices or describe products, services, processes or technologies owned by Attrecto or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Attrecto or any third party, except as expressly set forth and granted in the Terms.
It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the InstApp. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the InstApp on any copy you make of the InstApp Content.
LIMITED LICENSE TO USER
You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the software and tools provided by Attrecto as part of the Service for the sole purpose of enabling you to develop Applications to run across various mobile platforms supported by the InstApp and to be submitted at your option by Attrecto to one or more Application Stores for publication, solely in the manner permitted by these Terms.
This license is not a sale of any of the respective intellectual property owner's rights. The Service may be used only by you and you may not rent, lease, lend, sub-license, or transfer the Service or any data or InstApp Content residing on it or any of your rights under the Terms to anyone else, nor may you make the Service available to anyone else on a “service bureau” basis or in exchange for any compensation to you. Except as otherwise expressly provided herein or with Attrecto’s prior express written consent, you may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, “mirror,” perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any InstApp Content or User Content contained in the InstApp in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the InstApp. You may not transfer to or store any data residing or exchanged using the Service, including any Application, in any electronic network for use by more than one user unless you obtain prior written permission from Attrecto. Please contac firstname.lastname@example.org to request any required permission.
USER OWNERSHIP RIGHTS
Except as provided in the following paragraph, Attrecto acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from you under these Terms in or to any User Content that you post, upload or submit to the InstApp or any Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application and your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights you already hold in the Application and your User Content, and you are responsible for protecting those rights, as appropriate. Unless you have agreed otherwise in writing with Attrecto, you agree that you are responsible for protecting and enforcing those rights and that Attrecto has no obligation to do so on your behalf. If you create an Application to share with other users of the Service, you may determine with whom you share the Application and your User Content and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application and your User Content, subject to the license granted to Attrecto in the following section.
LICENSES AND RIGHTS GRANTED TO ATTRECTO
By creating, posting or displaying the Application on or through the Service you grant, and agree to grant, a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), irrevocable, and transferable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party:
to Attrecto, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of enabling Attrecto to provide the Service to you, including storing the Application and your User Content on its servers;
to Attrecto, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of promoting and redistributing all or part of the InstApp in any media formats and through any media channels without restrictions of any kind;
to Attrecto and each user of the InstApp to access your User Content that is not password protected through the InstApp; and
to Attrecto to use, in its sole discretion, the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and InstApp listings (including links to your web site, if any) for the purpose of advertising or publicizing your use of the Service, subject to such reasonable quality controls or guidelines for such use as you may provide to Attrecto in writing from time to time; and
In addition, you hereby grant to Attrecto a worldwide, royalty-free, exclusive, irrevocable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party, to insert, display and publish into in any Application(s) that you create and elect to publish to InstApp.com or any Application Store, third party or other advertising content selected by Attrecto in its sole discretion.
Some of the features of the InstApp or the Service may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback, or advice (“User Submissions”). You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate Attrecto to treat your User Submissions as confidential or secret.
Attrecto has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Attrecto may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
The Service may be used only for lawful purposes. As one of the conditions of your use of the Service, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the InstApp by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Service complies with the Terms and to request prior written permission from Attrecto for any uses not permitted or expressly specified in the Terms. Please contact email@example.com to request permission.
You understand that all User Content whether publicly posted or privately transmitted, as well as any Application created, transmitted or displayed by any person while using the Service, are the sole responsibility of the person from which such User Content or Application originated (and that Attrecto has no responsibility to you or to any third party for such User Content and/or Applications).
Attrecto accepts no responsibility for the opinions and information posted on the InstApp by others. You acknowledge that the security mechanisms of the Service have inherent limitations, and you are solely responsible for determining if the use of the Service sufficiently meets your needs.
You agree that Attrecto has no responsibility or liability for the deletion or failure to store your User Content and/or Application(s) and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your User Content and/or Application(s).
You further agree that you are solely responsible for (and that Attrecto has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Attrecto or any third party may suffer) of any such breach.
SPECIFIC PROHIBITED USES
While using the Service, you shall not do any of the following:
- Respond to any commercial opportunity on the Service for any reason other than to utilize the products or services offered.
- Sell or lease, other than through Attrecto as provided in these Terms, any advertisement space to be used in or in connection with the Service or your
- Application or place or display any advertisement in the Service or your Application.
- Post or transmit any incomplete, false, or inaccurate information.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.
- Send unsolicited e-mail, telephone calls, mailings or other material to any other users of the Service.
- Post or transmit any User Content or Application that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
- Use the Service's communications features in a manner that adversely affects the availability of its resources to other users (for example, continuous posting of repetitive or duplicative text).
- Upload or transmit any User Content, or create any Application, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.
- Post or transmit any User Content, or create any Application, that encourages or solicits criminal activity or that assists in any way in committing criminal activity.
- Upload or transmit any User Content, or create any Application, which infringes any patent, copyright, service mark, trade secret, trademark, or other proprietary rights.
- Delete any attributions, legal notices or proprietary designations or labels that you upload to any portion of the Service.
- Delete or revise any material posted by any other person or entity in whatever form.
- Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, such as opinions or notices, commercial or otherwise.
- Post or transmit any User Content, or create any Application, which contains a virus, worm, Trojan horse, or any other malicious or corrupted code or data.
- Use any device, software, or routine to interfere with the proper operation of the Service or any activity being conducted on the Service.
- Attempt to decipher, disassemble, copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of any of the software comprising, creating, or in any way making up a part of the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Attrecto, in writing (e.g., through an open source software license)
- Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.
Without limiting the foregoing, any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the InstApp will not be permitted. The InstApp may only be used for lawful purposes. You are prohibited from posting on or transmitting through the InstApp any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, adult-oriented, profane, hateful, fraudulent, prejudiced or otherwise objectionable material of any kind, including, but not limited to, any material encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws. These Terms also mandate that robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other "bots" that visit the InstApp are Standard for Robot Exclusion (SRE) -compliant robots ("robots").
You agree not to access the InstApp by any means other than through the interface that is provided by us for use in accessing the InstApp. You agree not to access or use the InstApp in order to collect information about web site visitors or users of the InstApp. We reserve the right to terminate or suspend your access to and use of the Service, without notice, if we believe, at our sole discretion, that it is in violation of these Terms, it is in violation of any applicable law, or that it is harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Upon any termination of your access to and use of the Service for any reason, whether by you or by Attrecto, you agree to promptly destroy all materials downloaded or otherwise obtained from the InstApp, as well as all copies of such materials, whether made under these Terms or otherwise. Attrecto's licensing rights to any Application or other submissions shall survive any termination of these Terms.
WEB SECURITY RULES
Users are prohibited from
- Directly or indirectly violating or attempting to violate the security of the InstApp, including, without limitation,
- Accessing data not intended for the user or logging into a server or account which such user is not authorized to access,
- Attempt to gain unauthorized access to any portion or feature of InstApp, or any other systems or networks connected to InstApp or to any Attrecto server, or to any of the services offered on or through Attrecto Web Site, by hacking, password “mining” or any other illegitimate means,
- Attempting to probe, scan or test the vulnerability of InstApp or any network connected to InstApp, or breach the security or authentication measures on InstApp or any network connected to InstApp. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to InstApp, or any other customer of Attrecto, including any InstApp account not owned by you, to its source, or exploit InstApp or any service or information made available or offered by or through InstApp, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by InstApp,
- Attempting to disable or circumvent any security mechanisms used by the Service,
- Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of InstApp or Attrecto’s systems or networks, or any systems or networks connected to InstApp or to Attrecto,
- Attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, "flooding", "mail bombing" or "crashing",
- Sending or using the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting user names and passwords, performing unauthorized scans of machines or ports,
- Using the Service to create an Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to Attrecto or any mobile communications carrier,
- Forging, or using the Service to create an Application that forges, any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Service,
- Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the InstApp or Service or any InstApp Content or User Content, or in any way reproduce or circumvent the navigational structure or presentation of the InstApp or Service, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the InstApp,
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the InstApp other than the search engine and search agents available from Attrecto on the InstApp and other than generally available third party web browsers (e.g.Google Chrome, Mozzila Firefox, Netscape Navigator, Microsoft Explorer, Opera), or
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the InstApp or any activity being conducted on the InstApp.
Actual or attempted violations of the Service or network security may result in immediate termination of access to the InstApp and/or civil or criminal liability. Attrecto reserves the right to investigate occurrences that may involve violations of the use of the Service and to contact and/or cooperate with law enforcement authorities in prosecuting users or any other person(s) who are involved in any actual or attempted violations of the use of the Service.
ADDITIONAL RESERVATION OF RIGHTS
Attrecto expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any User Account or Services (including the right to cancel or transfer any Application) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Attrecto in offering or delivering any aspect of the Service, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Attrecto, its officers, directors, employees and agents, as well as Attrecto’s affiliates.
Attrecto expressly reserves the right to review every User Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those User Accounts that exceed allowed levels.
You acknowledge you have read, understand and agree to be bound by Attrecto’s Anti-Spam Policy referenced above. You agree Attrecto may immediately terminate any User Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Attrecto liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your User Account.
LINKS TO THE InstApp
You may provide a hypertext link to the InstApp on another web site, provided that: (a) the link must be a text-only link, marked "InstApp," (b) the link must "point" to the URL www.InstApp.com and not to other pages, graphics or images within the InstApp, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the name and trademarks of Attrecto and its affiliates, (d) the appearance, position and other aspects of the link may not create the false appearance that any person or entity other than Attrecto and its affiliates is associated with or sponsored by Attrecto or its affiliates, (e) the link, when activated by a user, must display the InstApp on a full screen and not within a "frame" on the linking Web Site, and (f) you do not directly or indirectly cause any portion of InstApp to appear on a user's computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party. Attrecto and its affiliates reserve the right to revoke consent to link at any time in their sole and absolute discretion by amending these Terms or providing notice to the operator of a Web Site containing the link. You agree that all other hypertext links to the InstApp must be expressly approved in advance, in writing, by Attrecto.
LINKS TO OTHER WEB SITE
PURCHASES; OTHER TERMS AND CONDITIONS: Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the InstApp, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the InstApp or for any service offered on or through the InstApp, the latter terms shall control with respect to your use of that portion of the InstApp or the specific service.
Attrecto’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on InstApp should be construed to alter such agreements.
Attrecto may make changes to any products or services offered on the InstApp, or to the applicable prices for any such products or services, at any time, without notice. The materials on the InstApp with respect to products and services may be out of date, and Attrecto makes no commitment to update the materials on the InstApp with respect to such products and services.
ACCURACY OF MATERIAL
You understand and acknowledge that material and software published on the InstApp, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that Attrecto is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the InstApp may be changed or revised from time to time without notice.
You understand and agree that Attrecto is not responsible or liable in any way (directly or indirectly) for the User Content posted by or on behalf of any advertiser or any advertiser's business practices (or any of the material posted or downloaded by any of them onto the InstApp). Nothing on the InstApp shall be directly or indirectly deemed to be an endorsement, representation, or warranty regarding any advertiser, or other third party, whether in connection to its web site or otherwise. You understand and agree that you must evaluate and bear all risks associated with the use of any User Content or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the User Content or any advertisement.
You agree that you will hold harmless Attrecto, its affiliates and the respective shareholders, officers, directors, employees, agents, licensors and suppliers of Attrecto and its affiliates from any and all claims arising out of or related to your access or use of, or your inability to access or use, the InstApp or from the services rendered or made available by Attrecto in conjunction with your use of the InstApp. This includes but is not limited to, claims that you have found something you have heard, viewed or downloaded from the InstApp or another site to which it is linked to be obscene, offensive, defamatory or infringing upon your intellectual property rights. This also includes claims by third parties arising out of your transmission or posting of any User Content to or via the InstApp, your use of the content and tools on the InstApp, your creation of any Application(s), your use of the InstApp, your connection to the InstApp, your violation of these Terms, or your violation of any rights of any other third party. In no event will Attrecto, its affiliates or the contributors of content to the InstApp be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Attrecto shall have the right, but not the obligation, to pre-screen, monitor, review, flag, filter, modify, refuse or remove User Content, Application, or other material residing on or transmitted using the Service in order to:
- Comply with any applicable law, regulation, rule, or other government requests in its sole determination,
- Enforce these Terms or other applicable restrictions or limitations posted on the InstApp,
- Operate the InstApp or protect Attrecto and any users, in Attrecto's sole determination, and/or
- For any other purposes as Attrecto may deem reasonably necessary or appropriate in its sole determination.
Without limiting the foregoing, Attrecto reserves the right to directly take down any Application, User Content or other material that violates these Terms, any other posted restrictions or limitations, or applicable law or regulation. Attrecto further reserves the right to disclose any user information (including identity), content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Web Site or to protect Attrecto's rights or property, or the rights of the other Web Site users, or our partners, affiliates, sponsors, providers, licensors, or merchants. In the event that Attrecto is advised of the existence of defamatory, infringing or illegal content, Attrecto may investigate such claims and determine in our sole discretion whether to remove such content from the InstApp.
Attrecto does not guarantee that any personal information posted or transmitted will be prevented from being viewed or used by any particular person.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATTRECTO 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, TITLE AND NON-INFRINGEMENT.
ATTRECTO MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE InstApp IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATTRECTO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST ATTERCTO AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE SERVICE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE InstApp OR FOR ANY OTHER REASON.
ATTRECTO ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS AND INFORMATION POSTED ON THE InstApp BY OTHERS.
YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE SERVICE.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATTRECTO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATTRECTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT
You understand and agree that Attrecto shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials or authorities relating to your use of the Service or material provided by you using the Service. You acknowledge and agree that Attrecto may preserve the User Content and/or Applications and may also disclose the User Content and/or Applications if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any User Content and/or Applications violates the rights of third parties; or (d) protect the rights, property or personal safety of Attrecto, its users or any person.
By virtue of the Terms, the parties may have access to information that is confidential to one another ("Confidential Information"). “Confidential Information” means any information, data or other materials provided by one party to the other under or in connection with the Service (other than information intended or permitted to be disclosed to third parties as set forth herein) that is (a) clearly and conspicuously marked as “confidential” or with a similar designation; (b) is identified by the disclosing party (“Discloser”) as confidential and/or proprietary before, during, or promptly after presentation or communication; or (c) is disclosed in a manner which the Discloser reasonably communicated, or the receiving party (“Recipient”) should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) the Recipient can adequately demonstrate was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.
The parties agree, both during the term of the Terms, to hold each other's Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of the Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of the Terms.
These Terms incorporate by reference any notices contained on this Web Site and constitute the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding your access to, or your use of, the Service or the User Content or InstApp Content on the InstApp. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
MODIFICATIONS OF THE TERMS
Attrecto shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms on the InstApp are the current applicable provisions that govern your use of the Service. By using the Service, you have agreed to and accepted all of the Terms without modification or reservation.
Attrecto reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The InstApp is created and controlled by Attrecto. You agree that the substantive laws of the State of New York will govern the interpretation and enforcement of these Terms, or any disputes that arise hereunder or relate in any way to any part of the Service, the InstApp, any InstApp Content, any User Content, any Application, or otherwise to these Terms, without giving effect to any principles of conflict of laws which might otherwise result in the application of the substantive laws of another jurisdiction.
You consent to the mandatory and exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the state of Nevada, U.S.A.
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any part of these Terms is found by a court of competent jurisdiction to be invalid, it is agreed nevertheless that the court should endeavor to give effect to the intention of such provision by making reasonable modifications in such provision if practicable and by continuing to honor all other terms and provisions of these Terms, which are intended to remain in full force and effect. Attrecto makes no representation that materials on the InstApp are appropriate or available for use in other locations or jurisdictions, and accessing the InstApp from jurisdictions where the contents of the InstApp are illegal is prohibited. Those who choose to access the InstApp from other locations do so on their own initiative and are responsible for compliance with local laws.
SUCCESSORS AND ASSIGNS
You agree that your heirs, successors and assigns shall be bound by these Terms.
FEEDBACK AND INFORMATION: Any feedback you provide at the InstApp shall be deemed to be non-confidential. Attrecto shall be free to use such information on an unrestricted basis.
The information contained in the InstApp is subject to change without notice.
Copyright© 2012 Atrecto Innovations Corp.. All rights reserved. Any rights not expressly granted herein are reserved.