AppsFuel End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY AS IT IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "YOUR") AND DADA ENTERTAINMENT INC. ("US", "WE" OR "OUR"). IF YOU BUY, DOWNLOAD, INSTALL, COPY, ACCESS, TRANSMIT OR USE WEB APPs FROM OUR MARKETPLACE APPSFUEL (OR EVEN IF YOU TRY ANY OF THESE THINGS), YOU ARE AGREEING WITH (AND AGREEING TO BE BOUND BY AND COMPLY WITH) ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION, DO NOT (AND YOU MAY NOT) USE THE MARKETPLACE APPSFUEL.
You can read and print a copy of this Agreement any by going to: AppsFuel Terms on the web and, due that we reserve the right to change it whenever it seems appropriate, we recommend you check back frequently so you know the current terms and conditions that apply to you.
WHAT'S A WEB APP? In this Agreement, an App means and refers to a coded symbol or icon that can be enabled to appear on your mobile device and when selected will direct the browser on your mobile device (much like a hypertext link or bookmark) to open our web based application programming code to perform the features and functions of the web application. The Marketplace Appsfuel is technically an App. Because the application programming code is not resident or installed on your mobile device, it is more likely that Appsfuel will be available for use with most mobile operating systems, but we cannot guarantee that and so you should always check to be sure our App is compatible with and functions properly with your device and operating system. Sometimes, a slight change to the device, the programming, the configuration or even other apps, can create a conflict or completely prevent Appsfuel from working properly. Apps usually function as an interface between your device and information, data and material ("content") or other application programs, features and functions ("software") or both.
WHAT'S APPSFUEL? In this Agreement, Appsfuel is a marketplace where you can find, use, buy, copy, install, download or transmit third parties Apps. Appsfuel is technically an App but it has no proper content while it contains coded symbol or icons of third parties Apps.
USING APPS. In this Agreement, the term "use" means and refers to any time you enable, select, access or utilize the functionality or features or otherwise cause an App to initiate a transaction, process, transmit or receive data or perform any action, even if it does so because you have enabled automated features that do any of these on your behalf or in accordance with your instructions or with your permission. For Appsfuel, our parent, subsidiaries, affiliates and joint venture partners may provide some of the services or perform some of the obligations that apply to your use of it and when they do, they will be included within the definition of Dada Entertainment Inc. in this Agreement.
APPSFUEL AND THIRD PARTY APPS. Appsfuel allows you to obtain Apps that have been developed and/or made available from third parties. Even though AppsFuel may serve as a marketplace and distribution platform to make it easy for you to find and select Apps you want to use from a wide variety of developers and across a broad range of topics and categories, these third party Apps are furnished to you by these third parties and not us. The terms and conditions governing your use of any third party App, even if you obtained the App through AppsFuel, will be those that are provided by that third party and will govern your use of that third party App. The terms and conditions required by the third party App licensor are those you must agree to, be bound by and comply with, if you wish to use their App. It is important for you to understand that even if you obtain a third party App from AppsFuel, Dada Entertainment Inc. has no liability or responsibility for that App content and functionalities, your use of that App, the consequences of your use of that App and/or otherwise arising from that App or your agreement or relationship with the third party provider of that App. Some of the third parties Apps can be Premium App, meaning that that App can require
- a fee or charge to download, access or use – whether one time or on some periodic or recurring basis;
- registration to access the associated service or perform a function using that App;
- some payment at specified times or upon the occurrence of specified events or actions, even if the original download or enabling of the App has no associated charge or fee; and/or
- any form of payment, access or use charges or if the use of the App incurs usage-based or other types of charges.
AN APP BY ANY OTHER NAME. When we use the term "App" in this Agreement it also includes any third-party integrated mobile device software applications, code, scripts, interfaces, graphics, displays, text, documentation and other components, all updates, modifications or enhancements we make or authorize, as well as all digital interactive information and services, advertising, content software and interactive tools that may be used or are accessible using the App.
APP LICENSE. You are granted a limited personal, non-transferable or assignable, non-exclusive license, which we can revoke, suspend or terminate any time with or without notice if we need to, to use Appsfuel on and in conjunction with your mobile device. Your use is always subject not only to the terms and conditions of this Agreement, but also to your compliance with and requirements of any other relevant agreements you may have, including, without limitation, your device manufacturer, device provider, wireless carrier, mobile phone service provider, operating system licensor or other third parties.
FEES AND CHARGES. Appsfuel is a free App, while you are required to pay the internet connection required to access to it to your wireless carrier according to tariffs you have accepted into the relevant contract you have signed with it. It is possible that third parties Premium Apps contained in the marketplace Appsfuel requires for fees, charges and other payments that are billed through arrangements we have with wireless carriers (i.e., the wireless carriers that you have agreed to pay in return for mobile or wireless services) unless prohibited by law, regulation or this Agreement (see, for example, the Section entitled "Prohibited Countries" below). Therefore, third parties Premium Apps are only available in countries and territory serviced by wireless carriers with whom we have a contractual billing arrangement. Third parties Premium Apps will not be available outside those geographic areas.
COVERING OUR APPS. All rights (other than your limited license), ownership and interests in, to and associated with Appsfuel, belong exclusively to us or our licensors and we reserve all of these rights. All third parties Apps and rights (other than your limited license), ownership and interests in, to and associated with third parties Apps, belong exclusively to them or their licensors. Appsfuel may be protected by laws, treaties, contracts, including, without limitation, this Agreement, and you agree not to challenge, jeopardize or in any way limit, interfere with or adversely affect our rights in any way. If you use Appsfuel to access content or software, your rights are governed by whatever agreements you may have with the providers. If you do (or fail to do) anything in violation of any agreement, any law, regulation or the order of any court or governmental authority, you agree you will be fully liable and responsible for holding us harmless from and against any damages, losses, costs or expenses, including those related to our defending, protecting and/or enforcing our rights. You understand and agree you won’t sell, assign, rent, lease, distribute, export, import, encumber, grant any rights or act as a provider to others, in any way related to or associated with Appsfuel. Except for backup and archival purposes or otherwise permitted by law, you agree not to modify, translate, adapt, decompile, disassemble, create derivative works, hack or include additional material in Appsfuel, nor post, distribute or upload the App or otherwise make it available to others. If Appsfuel can be configured through settings we provide, we allow you to adjust those settings within the limits we allow without violating this Agreement. If you violate this Agreement in any way or a third party makes a claim or files an action against us because of something you do or fail to do, we will do our best to defend ourselves, but you agree to be liable, indemnify and hold us harmless from and against all the resulting and associated losses, damages, costs and expenses (including reasonable attorneys' fees).
UPDATING APPS. From time to time we may update, enhance or modify Appsfuel marketplace. Because only the icons or symbols are resident on your mobile device, you probably won't notice any changes at all. If there are any material changes to the features or functions of Appsfuel, we will try and let you know, especially if there are new or enhanced features or functions that are available to you as a result of the update. You agree that if you continue to use the App after the effective date of the changes (or date specified in our notice to you, if different), then you will be agreeing to accept the updated, changed marketplace and re-affirming your agreement to be bound by and comply with all the terms and conditions of this Agreement.
THE TERMINATOR. We reserve the unconditional and unrestricted right to suspend, terminate or modify this Agreement, the license granted to you and/or your use of Appsfuel at any time. Other than our termination of this Agreement without cause, we will generally try to notify you, but there may be circumstances in which we choose not to do so or are unable to do so and you acknowledge we won’t be liable even if we can’t notify you and the App becomes unavailable for your use. If this Agreement terminates for any reason your license and right to use Appsfuel will terminate immediately and you are required to remove copies from your device(s), any storage or network resources or other equipment with which Appsfuel was used. Of course, your data remains your data.
PROHIBITED COUNTRIES. When you enter into this Agreement, you are representing and warranting that you are not on any U.S. Government list of prohibited or restricted parties or located in a country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country. There are export control and other laws and regulations in many countries, including the U.S., that restrict the use and export of certain software and it is your responsibility to ensure that you comply with these – many of which apply to end users.
DISCLAIMING WARRANTIES & LIABILITY. APPSFUEL IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERS UNDER THE LAWS OF ANY JURISDICTION. YOU, NOT US, BEAR THE SOLE RISK ASSOCIATED WITH THE APP AND YOUR USE OF THE APP. YOU APPRECIATE THE APP MAY NOT MEET YOUR, OR ANY SPECIFIC, REQUIREMENTS, NOR DO WE GUARANTEE UNINTERRUPTED OR ERROR FREE USE. ANY USE, DAMAGE, MODIFICATION OR OTHER CHARACTERISTIC OF CONTENT OR SOFTWARE OR OTHER MATERIAL, TANGIBLE OR INTANGIBLE, THAT YOU USE, DOWNLOAD, ACQUIRE, TRANSMIT OR PROCESS USING THE APP IS DONE SOLELY AT YOUR RISK AND WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR ANY PERSONS OR PROPERTY, INCLUDING, WITHOUT LIMITATION, CONTENT, SOFTWARE, DATA OR YOUR DEVICE, RELATED TO YOUR USE OF OUR APP. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND YOUR EXCLUSIVE REMEDY AND OUR SOLE LIABILITY IN CONNECTION WITH OUR APP, YOUR USE OF APPSFUEL AND ANY OTHER CLAIM OR ACTION ARISING FROM THE APP, YOUR USE OF THE APP OR THIS AGREEMENT, IS TO REFUND ANY LICENSE FEE OR PRICE YOU PAID FOR THE APP (BUT NOT INCLUDING USAGE BASED FEES OR CHARGES) BUT IN NO EVENT IN EXCESS OF US $100. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE; PROVIDED, HOWEVER, THAT SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
CONTACTING EACH OTHER. If you need to contact us, please specify your name, your unique device number or identification code and any registration or account information to allow us to identify you and your device. We can contact you by text message or email or other means available through your device or, if you have registered or have an account with us, as provided in your registration or account agreement with us. For your reference, our contact information is: email@example.com
MISCELLANEOUS TERMS AND CONDITIONS THAT APPLY TO YOU. The laws of the State of New York, excluding its conflicts-of-law rules, govern this Agreement and provisions that must survive to give effect to their plain meaning shall survive, even if this Agreement terminates. If any part of this Agreement is held invalid or unenforceable, the remaining portions shall remain in full force and effect and if possible, an amendment shall be deemed to arise to try and match the intent of the invalid or unenforceable provision as closely as possible. If we don't exercise or enforce any right or option we have, that doesn't mean we are waiving that right or option.
SETTLING DISPUTES. If there is a dispute or claim under this Agreement or with respect to our Apps, you agree to submit it to the sole and exclusive jurisdiction of the State of New York, to be heard and tried in the State and/or Federal courts located in the State, City and County of New York and you submit to the personal jurisdiction of the courts located therein. you also waire your right to a jury trial, to the extent it might otherwise have been available to you. This Agreement, together with any specific terms, conditions or other documents referred to above, is the entire agreement between you and us regarding the App and its use and supersedes any prior or inconsistent understandings and agreements between you and us related to its subject matter.