Apkudo LLC Terms of Service
Version Release Date: 2013-09-12
Welcome, and thank you for visiting Apkudo. Please review the following Terms of Service (“Terms of Service”) carefully and contact us at firstname.lastname@example.org concerning anything you do not understand.
BY ACCESSING AND USING THE ONLINE FEATURES OF THIS WEBSITE, YOU ARE ACCEPTING THESE TERMS OF SERVICE AND ENTERING INTO A BINDING LEGAL CONTRACT WITH APKUDO. IF YOU DO NOT HAVE THE AUTHORITY TO ENTER INTO A BINDING CONTRACT, OR IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “START NOW” BUTTON, IN WHICH CASE YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE SERVICE.
- Effective Date: This version of our Terms of Service is effective as of the Version Release Date stated above. We reserve the right to modify these Terms of Service at any time, in our sole discretion and without prior notice. Although we may attempt to notify you when changes are made to these Terms of Service, you should check periodically at www.apkudo.com/terms for any changes. Posted modifications will be effective immediately and will apply to disputes arising under or relating to these Terms of Service from the date of posting forward. Your use of the Service after the posting of any modifications to these Terms of Service will constitute your acknowledgment and acceptance of these Terms of Service, as modified.
- Registration for a User Account
- Contractual Capacity: By registering for an account to use the Service, you represent and warrant that you are 18 years of age or older, can form legally binding contracts under applicable law, and agree to be bound by these Terms of Service. Your registration may be deleted and your access to the Service terminated without warning if we believe, in our sole discretion, that you are under the age of 18 or otherwise lack the legal capacity to enter into a binding contract with us.
- Registration Data: To register for an account to use the Service, you will need to complete our online registration process, during which you will be asked to give us access to information contained in your Google Gmail account profile, and possibly to provide other information.
- User Account Protection: You are entirely responsible for maintaining the confidentiality of your user name and password and for any and all activities that occur in association with your user account, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your user account or any other breach of security that you become aware of and to provide properly documented evidence as requested by us. You may not use anyone else’s user account at any time, nor may you allow anyone else to use your user account at any time. You agree that Apkudo will not be liable for any loss that you or anyone else may suffer as a result of someone else using your Apkudo user name, password, user account or registration data, either with or without your knowledge or permission.
- No Sale or Assignment of User Account: Your user account is personal to you and, as such, it cannot be transferred to any other person or entity. Any attempt to do so shall be void and shall constitute a violation of these Terms of Service.
- Your Conduct Through the Service: You are solely responsible for your conduct through the Service and agree that you will not:
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
- pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
- material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Apkudo in its sole discretion;
- material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others; or
- malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other code that may in any way damage or interfere with the operation of the Website, the Service, other users’ access to the Website or Service, and/or other users’ computers.
- Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
- Violate any applicable laws or regulations, or promote or encourage any illegal activity.
- Impersonate another user or create an identity which falsely indicates that you are another user, a celebrity or other well-known person, or an Apkudo representative.
- Gain or attempt to gain unauthorized access to the Service, Website, to another user’s account or registration data, or to computer systems and/or networks connected to the Service or the Website.
- Make false reports through the Service or to Apkudo’s administrators.
- Take any action that imposes or may impose (as determined by Apkudo in its sole discretion) an unreasonable or disproportionately large load on Apkudo’s (or its Business Partners’ or third party providers’) infrastructure.
- Engage in fraudulent transactions.
- Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any:
- Intellectual Property
- Content: “Content” means all digital material, including information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service, including via support forums, message boards, and chat rooms. “Apkudo Content” means all Content that we make available to you via the Website or the Service.Apkudo owns, or has a license to, the Apkudo Content. Except for any rights expressly granted to you hereunder, Apkudo reserves all of its rights, title and interest in and to the Apkudo Content. You are only permitted to use the Apkudo Content as expressly authorized by Apkudo or other provider of specific Content.
- Limited License: Apkudo’s user portal for each Service made available on the Website will describe the purposes for which that Service may be used. Subject to your acceptance of these Terms of Service and ongoing compliance with them, we grant you a limited, personal, non-exclusive, non-transferable and non-sublicenseable right to use each Service for which you have registered and received a user account for the purposes stated in the description of such Service for as long as we continue to make the Service available to you.
- Restrictions: You agree not to engage in, permit another person or entity to engage in, or otherwise participate, directly or indirectly, in any of the following restricted activities: (i) reproduce, use or otherwise commercially exploit any portions of the Website, the Service or Apkudo Content in any way that is inconsistent with the rights of use expressly granted to you by us; (ii) remove any source identification, attribution, copyright, trademark or other notice relating to the intellectual or other property rights of Apkudo or any third party; (iii) attempt to access or derive the source code of the Website or Service, by any method, including reverse engineering or otherwise reduce the object code of the Website or the Services to a form readable without the use of a computer, unless and then only to the extent that you are expressly permitted to do so by applicable legislation; (iv) change or modify the Service, including by creating a derivative work of the Service; (v) create software or other program code that incorporates any elements of the Service; (vi) attempt to hack into or compromise the Service or access it by any means other than the proper use of your user account; or (vii) interrupt or attempt to interrupt the operation of the Website or the Service in any way.
- Content Submitted by You: Apkudo does not claim any ownership rights in any Content that you submit to the Service. Each time you submit Content to the Service, you represent and warrant to Apkudo that you are the rightful owner of the Content or have all necessary rights to submit the Content to the Service and grant the rights granted to Apkudo below without infringing or violating any third party’s rights. You hereby grant to Apkudo and, as applicable, to its Business Partners, a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to:
- use, reproduce, display, run, operate, test, analyze, and generate reports from or concerning the Content as contemplated by the Service or as we or our Business Partner may deem necessary or desirable in connection with the operation and provision of the Service;
- compile and distribute reports aggregating information derived from analysis of your Content; and
- delete any or all of your Content from the Service (whether intentionally or unintentionally and without any liability of any kind to you or to any other party).
- Third Party Websites and Information: The Service may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. Such other websites and parties are not under Apkudo’s control, and you acknowledge that Apkudo is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is Apkudo responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply Apkudo’s endorsement of or association with the website or its operator , or any warranty of any kind, either expressed or implied.
- Procedure for Alleging Copyright Infringement: The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any material uploaded, posted or otherwise transmitted through the Website or the Service infringes any copyright that you own or control, you may send a written notification of such infringement to Apkudo’s designated DMCA agent, whose contact information is as follows:
Attn: Melissa Blanken
3500 Boston St., Suite 333
We will respond appropriately to notices of alleged copyright infringement that comply with the requirements of the DMCA.
- Disclaimer of Warranties; Limitation of Liability: Neither we nor any of our Business Partners, subsidiaries, members, officers, directors, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Apkudo Parties”) warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided via the Website or through the Service.YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND EXPENSE. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY STATUTORY OR IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. WE MAKE NO WARRANTY THAT (A) THE WEBSITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. SOME STATES DO NOT ALLOW IMPLIED WARRANTIES TO BE DISCLAIMED IN CERTAIN CIRCUMSTANCES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.APKUDO MAKES NO COMMITMENT TO UPDATE OR OTHERWISE CORRECT THE WEBSITE OR ANY SERVICE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE AND THE SERVICE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR BASED ON ANY OTHER CAUSE OF ACTION.YOU ACKNOWLEDGE AND AGREE THAT THE APKUDO PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH OR RELATING TO THE WEBSITE, THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH APKUDO IS TO STOP USING THE WEBSITE AND THE SERVICE, AND TO CANCEL YOUR ACCOUNT. IN NO CASE SHALL ANY LIABILITY OF THE APKUDO PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU ACTUALLY PAID APKUDO FOR THE APPLICABLE SERVICE. IN NO EVENT SHALL THE APKUDO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE AND STRICT LIABILITY IN TORT), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE OR ANY OTHER APKUDO PRODUCTS.BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CIRCUMSTANCES, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY (OR MAY NOT APPLY FULLY) TO YOU. IN SUCH STATES OR JURISDICTIONS AND CIRCUMSTANCES, THE LIABILITY OF THE APKUDO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Indemnification: You agree to defend, indemnify, and hold the Apkudo Parties harmless from and against all claims by third parties, and all associated losses, damages, awards, liabilities, settlements, costs and expenses, including reasonable attorney’s fees, that arise from or are otherwise attributable to any of the following: (a) your use of, or activities in connection with, the Service; (b) any violation of these Terms of Service by you or through your account; or (c) any allegation that any Content that you make available via the Service or the Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Otherwise, in the event of any claim in which we seek to be defended, indemnified and held harmless by you, we will give you prompt written notice of the claim and the right to control its defense and settlement (subject to our written approval, which will not be unreasonably withheld).
- Service Termination, Suspension and Changes: We reserve the right to terminate, suspend, or change any service or feature of the Service at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, WE MAY TERMINATE AND/OR SUSPEND YOUR ACCOUNT FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO THE SERVICE. You agree that Apkudo shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and that YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICE AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO APKUDO.
- Survivability of Terms: The Terms of Service set forth herein continue to remain in full force and effect until such time as your user account and use of the Service has been terminated. You retain full discretion to end or terminate your account and discontinue use of the Service at any time, subject to these Terms of Service. The provisions of Sections 6, 8, 9, 10, and 13 through 19 shall survive any termination of these Terms of Service.
- Assignment: Apkudo may assign or otherwise transfer the agreement formed by your acceptance of these Terms of Service at any time to any acquirer of or successor to the Service. You may not assign or otherwise delegate or transfer any or all of your rights or obligations under these Terms of Service without our express prior written consent, and any attempt to do so shall be void.
- Governing Law: The Website and Service are hosted within the United States. The agreement formed by your acceptance of these Terms of Service and our relationship shall be governed and construed in accordance with the laws of the State of Maryland, USA, exclusive of its choice of law rules, and any applicable U.S. federal laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and the Service. Although the Website and the Service may be accessible worldwide, we make no representation that materials on the Website or accessible through the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Anyone who chooses to access the Website or the Service from locations outside the United States does so on their own initiative and at their sole risk, and is solely responsible for compliance with applicable laws.
- Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. The parties agree that all correspondence relating to this Agreement shall be written in the English language. Notices to Apkudo must be sent to the attention of Customer Service at email@example.com, if by email, or to Apkudo at the address below if by conventional mail. Notices to you may be sent to the email or mailing address, if any, supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Service to inform you of changes to the Service, these Terms of Service, or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.You may contact Apkudo at the following address:
3500 Boston St, Suite 333
Baltimore, MD. 21224
- Severability: If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that matches the intent and effect of the original provision as nearly as possible in accordance with applicable law, and the remainder of these Terms of Service shall continue in effect.
- Miscellaneous: Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Apkudo with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. As used herein, “including” means including, without limitation.
- Revision History:
Version Date Posted on the Website Initial version 2013-09-12