Terms of Service
Please review the following terms of service that govern your use of our web sites and applications. Please note that your use of our web sites and applications constitutes your agreement to follow and be bound by those terms (the "Terms & Conditions ").
bappsin.com - Terms of Service
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I've read and agreed to the Terms of Service" BUTTON, REGISTERING FOR A BAPPSIN.COM ACCOUNT, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE BAPPSIN.COM SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE BAPPSIN.COM SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE BAPPSIN.COM SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
"Content" means text, graphics, photos, music, software, audio, video, information or other materials.
"Corporate Member" means a Member that is a company or other legal entity, rather than an individual.
"bappsin.com Content" means Content that bappsin.com makes available through any bappsin Site or bappsin.com, i.bappsin.com, my.bappsin.com Service, including any Content licensed to bappsin from a third party, but excluding Member Content.
"Member" or "User" means a person or entity who completes bappsin.com's account registration process, as described under "Account Registration" below.
"Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the bappsin.com Service, including, without limitation, comments to the bappsin.com blog.
"Site Content" means bappsin.com, i.bappsin.com, my.bappsin.com Content and Member Content.
bappsin.com reserves the right, at its sole discretion, to modify, discontinue or terminate the bappsin.com Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the bappsin.com Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the bappsin.com Service.
Certain portions of the bappsin.com Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. bappsin.com may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the bappsin.com Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the bappsin.com Service.
By accessing or using the bappsin.com Service you represent and warrant to bappsin.com that: (i) you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the bappsin.com Service, and your parent has read and agrees to these Terms of Service on your behalf; (ii) all registration information you submit is accurate, current and complete; (iii) you will maintain the accuracy and completeness of such information; (iv) if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the bappsin.com Service and take full responsibility for the selection and use of and access to the bappsin.com Service. These Terms of Service are void where prohibited by law, and the right to access the bappsin.com Service is revoked in such jurisdictions.
In order to access the bappsin.com Service, you must register to create an account ("Account") and become a Member. When registering with bappsin.com you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the bappsin.com Business Setup form (such information being the " Customer Information") and (b) maintain and promptly update the Customer Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the bappsin.com Service (or any portion thereof).
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the bappsin.com Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify bappsin.com of any unauthorized use of your user ID or password or any other breach of security. bappsin.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, bappsin.com will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community.
Fees and Payment
The free use of various offerings within the bappsin.com Service, are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to paid services or to provide payment information to bappsin.com after being prompted to do so, you agree to the pricing, payment and billing policies as set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for the bappsin.com Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of bappsin.com Service and/or any related transactions (except for taxes assessed on bappsin.com's net income or personal property).
If your selected bappsin.com Service package requires a recurring subscription fee, your bappsin.com Service package will automatically renew, unless we terminate it, or you notify us by email (firstname.lastname@example.org) of your decision to terminate your current bappsin.com Service package. You must cancel any such bappsin.com Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
bappsin.com Service. bappsin.com shall own and retain all right, title, and interest in and to the bappsin.com Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the bappsin.com Service or otherwise use the bappsin.com Service in any way that violates the use restrictions contained in these Terms of Service. bappsin.com does not grant to Member any license, express or implied, to the intellectual property of bappsin.com or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the bappsin.com Service is considered the confidential and proprietary information of bappsin.com (collectively "bappsin.com Confidential Information").
Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to bappsin.com in connection with its use of the bappsin.com Service and (b) reports and other materials generated by the bappsin.com Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to bappsin.com a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the bappsin.com Service solely for purposes of (x) maintaining and improving the bappsin.com Service and (y) providing Member with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member's use of the bappsin.com Service compiled by bappsin.com solely for marketing purposes or distribution to third party research firms.
Assignment of Certain Member Data. Notwithstanding the foregoing, upon your submission of an information to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data for personal recordkeeping purposes.
bappsin.com Logos and Designs. bappsin.com's graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of bappsin.com in the U.S. and/or other countries. bappsin.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without bappsin.com's prior written permission.
Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to bappsin.com a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing bappsin.com's products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the bappsin.com Service. You may submit Feedback by emailing us at email@example.com or through the "Help & Training" section of the bappsin.com Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of bappsin.com and you hereby irrevocably assign to bappsin.com and agree to irrevocably assign to bappsin.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At bappsin.com's request and expense, you will execute documents and take such further acts as bappsin.com may reasonably request to assist bappsin.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
1. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
2. Use, display, mirror or frame the bappsin.com Service, or any individual element within the bappsin.com Service, bappsin.com's name, any bappsin.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without bappsin.com's express written consent;
3. Access, tamper with, or use non-public areas of the bappsin.com Service, bappsin.com's computer systems, or the technical delivery systems of bappsin.com's providers;
4. Attempt to probe, scan, or test the vulnerability of any bappsin.com system or network or breach any security or authentication measures;
5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the bappsin.com Service or staff member of bappsin.com.
6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by bappsin.com or any of bappsin.com's providers or any other third party (including another user) to protect the bappsin.com Service or Site Content;
7. Attempt to access or search the bappsin.com Service or Site Content or download Site Content from the bappsin.com Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by bappsin.com or other generally available third party web browsers;
8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the bappsin.com Service to the mobile numbers of people you do not know);
9. Use or disclose any bappsin.com Confidential Information, except as otherwise explicitly set forth herein.
10. Use any meta tags or other hidden text or metadata utilizing a bappsin.com trademark, logo URL or product name without bappsin.com's express written consent;
11. Use the bappsin.com Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the bappsin.com Service or Site Content to send altered, deceptive or false source-identifying information;
13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the bappsin.com Service or Site Content;
14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the bappsin.com Service;
15. Collect or store any personally identifiable information from the bappsin.com Service from other users of the bappsin.com Service without their express written permission;
16. Impersonate or misrepresent your affiliation with any person or entity;
17. Violate any applicable law or regulation; or
18. Encourage or enable any other individual or entity to do any of the foregoing.
bappsin.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. bappsin.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that bappsin.com has no obligation to monitor your access to or use of the bappsin.com Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the bappsin.com Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the bappsin.com Service, please notify bappsin.com's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit bappsin.com to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
bappsin.com's agent to receive notifications of claimed infringement can be reached as follows:
Attention: bappsin, LLC
For clarity, only DMCA notices should go to the bappsin.com, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to bappsin.com via firstname.lastname@example.org.
Links to Third-Party Websites
Termination and Account Cancellation
If you breach any of these Terms of Service, bappsin.com will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. bappsin.com reserves the right to revoke your access to and use of the bappsin.com Service at any time, with or without cause. In the event bappsin.com terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time by sending an email to email@example.com
THE BAPPSIN.COM SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BAPPSIN.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BAPPSIN.COM MAKES NO WARRANTY THAT THE BAPPSIN.COM SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BAPPSIN.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, BAPPSIN.COM SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE BAPPSIN.COM SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE BAPPSIN.COM SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BAPPSIN.COM OR THROUGH THE BAPPSIN.COM SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BAPPSIN.COM SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE BAPPSIN.COM SERVICE. YOU UNDERSTAND THAT BAPPSIN.COM DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE BAPPSIN.COM SERVICE, NOR DOES BAPPSIN.COM MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE BAPPSIN.COM SERVICE. BAPPSIN.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE BAPPSIN.COM SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE BAPPSIN.COM SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BAPPSIN.COM SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE BAPPSIN.COM SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold bappsin.com, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the bappsin.com Service, or your violation of these Terms of Service, including breach of any representations or warranties herein.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE BAPPSIN.COM SERVICE AND SITE CONTENT REMAINS WITH YOU. NEITHER BAPPSIN.COM NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BAPPSIN.COM SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, BAPPSIN.COM SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR BAPPSIN.COM SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF BAPPSIN.COM SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE BAPPSIN.COM SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE BAPPSIN.COM SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BAPPSIN.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BAPPSIN.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF BAPPSIN.COM SERVICE OR FROM THE USE OF OR INABILITY TO USE THE BAPPSIN.COM SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO BAPPSIN.COM FOR USE OF THE BAPPSIN.COM SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BAPPSIN.COM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Palm Beach County District of Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms of Service constitute the entire and exclusive understanding and agreement between bappsin.com and you regarding the bappsin.com Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between bappsin.com and you regarding the bappsin.com Service.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without bappsin.com's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. bappsin.com may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by bappsin.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of bappsin.com to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of bappsin.com. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact bappsin.com at firstname.lastname@example.org