TERMS & CONDITIONS
Your access to and use of the Apptivate website ("Service") a service by Furious Tribe ("Furious Tribe") is subject exclusively to these Terms and Conditions. You will not use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Service you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Service.
2.0 Payment Terms
2.1 The Apptivate Service is non-refundable, for both setup and monthly fees.
2.2 Payment for the services does not guarantee that we will publish your App to the applicable stores, it will be subject to an internal review process prior to submission and you may be required to change certain aspects to comply with our quality assurance process.
2.3 We do not guarantee that the applicable platform providers will approve your App on their stores, Apptivate makes a best effort attempt to deliver your App to the store. In the case where your App gets rejected we will work with you and the applicable platform provider in an attempt to resolve the matter.
2.4 There are no refunds for partial months billed, however you may cancel at any time and you will not be billed again.
2.5 Failure to pay the monthly fee will result in suspension of your account, you will need to bring your account up to date in order to regain access to the content manager.
2.6 If your monthly payment fails billing we will contact via email and request you to update your credit card information.
2.7 If your account goes 60 days past due and you have failed to supply valid credit card details the account will be flagged for deletion. We will contact you in advance to warn of impending account deletion, you will have 14 days to contact us to resolve the matter. In the event that we receive no communication from you - the account will be permanently and irreversibly deleted from our system. Your mobile application will also be removed from the appropriate stores.
3.0 General Terms
3.1 You are responsible for the security of your account and passwords.
3.2 You are responsible for all content uploaded into your content management system, and responsible for any copyright claims that may arise from uploading content that you do not have the rights to use.
3.3 You may not use the Service for any illegal purpose.
3.4 Any kind of pornographic, lewd or sexually suggestive material is expressly prohibited and will result immediate deletion of your App and account.
3.5 You must be 18 years or older to use this service.
3.6 You must provide full valid and legal contact details.
4.0 Modifications to the Service
4.1 Apptivate reserves the right to change any aspect of the service at any time without notice, however we endeavor to inform customers of any changes to the Apptivate platform.
4.2 Apptivate reserves the right to change the Services pricing for both the Setup and monthly fee without notice.
5.1. All copyright, trade marks and all other intellectual property rights in the Apptivate Service and its content (including without limitation the interface design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Apptivate or Furious Tribe or otherwise used by Apptivate or Furious Tribe as permitted by law.
5.2. We claim no intellectual property rights over the content you provide to Apptivate, the content you upload and your account details remain solely yours. By using Apptivate to create an App you agree to allow other users to view and share the content supplied.
5.3. Apptivate reserve the right to access your account for the purposes of helping you complete the app building process and may do so from time to time.
5.4. Apptivate will not be responsible in respect of any copyright claims where the Customer uploads Copyrighted material without permission from the respective owner.
6.0 Disclaimers and Limitation of Liability
6.1 The Service is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, Apptivate or Furious Tribe will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Apptivate.
6.3 Apptivate or Furious Tribe makes no warranty that the functionality of the Apptivate will be uninterrupted or error free, that defects will be corrected or that the Apptivate or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Apptivate or Furious Tribe for death or personal injury as a result of the negligence of Apptivate or Furious Tribe or that of its employees or agents.
7.1 You agree to indemnify and hold Furious Tribe and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Apptivate or Furious Tribe arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Service.
7.2 The Apptivate service allows for social commenting or user generated commenting via the community wall or comments on news stories. The Customer agrees and understands that such comments
are not moderated and are published publicly, however the customer is able to remove comments via the content management system. In relation to user generated comments the Customer agrees to indemnify Apptivate and Furious against any claim arising from user comments, be it libelous, defamatory or derogatory remarks that are posted within Apps. In addition you agree to indemnify and hold Furious Tribe and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Apptivate or Furious Tribe arising out of the use of User Generated Comments.
8.0 Account Resources
8.1 The base $25 monthly fee covers 1,000 users of your App - after 1,000 users your fee will increase to $50 and your quota will become 2,000 users. After your account surpasses 2,000 users please contact support to discuss your on-going needs.
8.2 Free accounts will be entitled to 2MB of storage space for the purposes of previewing your App, audio file storage is not supported on free accounts.
8.3 Paid accounts are entitled to 250MB of storage space and 200GB of monthly transfer.
8.4 Where paid accounts exceed their storage space and monthly transfer, overage will apply.
9.1 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
10.0 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the Republic of Ireland.
11.0 Contact Us
Please contact firstname.lastname@example.org for any questions in relation to out terms of service.
What information do we collect?
We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
• To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your credit card information will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How does Apptivate process my information?
Apptivate will prcoess your content by holding it in a secure web based database, the data is delivered to your App via an XML feed each time a user loads your App. This allows you to keep your content fresh by accessing the content management system. Some of your content is also cached by the App on the users mobile device, this is designed to speed up the running of your App - no personal information is sent to the App via the XML feed. Apptivate reserve the right to access your account for the purposes of helping you complete the app building process, you consent to Apptivate staff having this access and contacting you from time to time with suggestions on improving and bringing your App to completion.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
This policy was last modified on 28/07/2010
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