This Terms of Service is a legal contract between you and AppBuy.com (“AppBuy.com“, “we“, “our“), governing your use of mobile or web services or mobile or web software (“ AppBuy.com Software ”) owned, controlled or offered by AppBuy.com (collectively, the ” AppBuy.com Services “). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING THE APPBUY.COM SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING THE APPBUY.COM SERVICES IMMEDIATELY.
You acknowledge and agree that this contract is only between you and AppBuy.com and not any of AppBuy.com’s partners, distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim with respect to the AppBuy.com Services, AppBuy.com, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained the AppBuy.com Services from one of AppBuy.com’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to the AppBuy.com Services.
All AppBuy.com Services are licensed to you and not sold. Subject to the terms of this agreement, AppBuy.com grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use the AppBuy.com Services solely for your personal or internal business purposes. You may use the AppBuy.com Software for one AppBuy.com Services subscription account on up to two mobile devices legally under your control, for your personal or internal business use. You will retain all ownership rights in User Data (as defined below) that you transfer to AppBuy.com for data protection. When you submit User Data to AppBuy.com, you hereby grant to AppBuy.com, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through the AppBuy.com Service on your behalf solely for the purpose of providing the data protection service. With respect to any open source or third-party code that may be incorporated in the AppBuy.com Software, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
The AppBuy.com Services and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of AppBuy.com or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the AppBuy.com Services is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the AppBuy.com Software; (b) modify, adapt, translate or create any derivative works of the AppBuy.com Software or attempt to do the foregoing; (c) attempt to circumvent or disable the AppBuy.com Software or any technology, features or measures in the AppBuy.com Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the AppBuy.com Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the AppBuy.com Software to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of the AppBuy.com Software; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the AppBuy.com Software or used in connection with the AppBuy.com Software.
AppBuy.com may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the AppBuy.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use the AppBuy.com Services after those changes are posted.
You agree that the information you provide to AppBuy.com upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information, including, without limitation, all information relating to your account is kept accurate and up to date at all times. AppBuy.com will not be liable for any damages or liability resulting from your account information. You agree not to sell or transfer or allow another person to access your account password or AppBuy.com Services account.
We offer both a restricted free version (“ Free Account ”), with a limited amount of features, and a paid premium version (“ Premium Account ”) with additional features for the AppBuy.com Software. In the event you choose to subscribe to a Premium Account for the AppBuy.com Software, you will be billed for the subscription either through your credit card (“Credit Card Billing ”) or through your wireless device operator (“ Operator Billing ”). The fees for your Premium Account will be billed on a monthly basis, from the date you elect, or convert to, a Premium Account and on each monthly renewal thereafter unless and until you cancel your account. All fees and charges are 100% refundable. Please call US: 1-800-913-7793, UK: 0-808-189-1053, Other Countries: +44 203 318 1974, if you have questions or problems, or you can contact us at firstname.lastname@example.org.
Credit Card Billing
If your subscription is based on credit card billing, we will automatically charge your credit card monthly for the cost of the subscription and any applicable taxes for the Premium Account of the AppBuy.com Software you select. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke access to your Premium Account and use of the AppBuy.com Software. If you do not bring your AppBuy.com balance current within thirty (30) days after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access to your Premium Account of the AppBuy.com Software or convert your AppBuy.com Premium Account to a Free Account. You will be responsible for paying all past due amounts. If you want to use a different credit card or update credit card information, you may make edits by accessing your Account page. If your credit card reaches its expiration date, your continued use of the AppBuy.com Services constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated. By signing up for a AppBuy.com Premium Account and providing AppBuy.com with your payment account information, you hereby agree to these payment terms and conditions. Service will automatically renew and bill at then-current rates until you cancel by contacting us.
If you elect to pay for your Premium Account via Operator Billing, your wireless device operator will bill you directly and you will pay the subscription fees to your wireless device operator. If you are not current with your monthly Premium Account payments, we reserve the right to suspend your access to your Premium Account of the AppBuy.com Software or convert your AppBuy.com Premium Account to a Free Account. You will be responsible for paying all past due amounts.
Canceling Your Account
Your AppBuy.com Premium Account will continue in effect unless and until you cancel your premium Account or we terminate it. You must cancel your Premium Account before it renews each month, as applicable, in order to avoid billing of the next month’s to your credit card. If you wish to cancel your Premium Account you may do so by calling Customer Support: US: 1-800-913-7793, UK: 0-808-189-1053, Other Countries: +44 203 318 1974.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
The AppBuy.com Services may include links to other web sites or services solely as a convenience to Users. AppBuy.com does not endorse or make any representations regarding any such linked sites or the any information or materials accessible through other linked sites. AppBuy.com disclaims all liability relating to your use of such linked sites.
If this AppBuy.com Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the AppBuy.com Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The AppBuy.com Software originates in the United States, and is subject to United States export laws and regulations. The AppBuy.com Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the AppBuy.com Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the AppBuy.com Software and the AppBuy.com Services.
You agree that AppBuy.com may terminate or suspend your access to the AppBuy.com Services without prior notice and without liability if such termination or suspension is based on (a) AppBuy.com’s good faith belief you have violated any of the terms and conditions of this Agreement, (b) AppBuy.com’s determination that you repeatedly infringe or have infringed the copyrights of others, (c) extended periods of inactivity with respect to any of the AppBuy.com Services or (d) nonpayment of any fees owed to AppBuy.com. These remedies are in addition to any other remedies AppBuy.com may have at law or in equity. AppBuy.com reserves the right to terminate Free Accounts and free access to AppBuy.com Services at any time, with or without notice without any liability of any kind.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit AppBuy.com to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.
THE APPBUY.COM SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH THE APPBUY.COM SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPBUY.COM, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION APPBUY.COM’S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. APPBUY.COM AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION APPBUY.COM’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPBUY.COM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE APPBUY.COM SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE APPBUY.COM SERVICES WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
You agree to indemnify, defend, and hold harmless AppBuy.com, its affiliated companies, and its suppliers and partners (including, without limitation, AppBuy.com’s wireless carrier partners) from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the AppBuy.com Services, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. AppBuy.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPBUY.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, APPBUY.COM’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE APPBUY.COM SERVICES, EVEN IF APPBUY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL APPBUY.COM’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, APPBUY.COM’S WIRELESS CARRIER PARTNERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE APPBUY.COM SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written understandings. This Agreement may be amended only by a writing signed by both parties.
This Agreement will be governed by the laws of the State of Delaware, without regard to conflicts of law provisions.
If any provision of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by AppBuy.com without restriction. The provisions of this Agreement that require or contemplate performance after the termination of this Agreement and all provisions relating to limitation of liability, disclaimers, and indemnification will be enforceable notwithstanding such termination. Neither party will be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. If any dispute arises under this Agreement, the prevailing party will be reimbursed by the other party for any and all legal fees and costs associated therewith.