Please read this Term of User ("AGREEMENT") carefully before using the service offered by MobileAppLoader, Inc. (“MobileAppLoader”). By clicking the “Accept” box you agree to follow and become bound by the Terms and Conditions of this agreement and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. If you DO NOT AGREE to all the terms and conditions of this agreement, DO NOT CLICK ON THE “ACCEPT” box and you will not have any right to user the services offered by MobileAppLoader. MobileAppLoader’s acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; If these term and conditions are considered an offer by MobileAppLoader, Acceptance is expressly limited to these terms.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.
MobileAppLoader.com provides an online marketplace for mobile Applications. Where “Sellers” can sell services such as mobile applications to “Buyers”.
* The Web pages available at www.MobileAppLoader.com, the web services provided by MobileAppLoader, the mobile applications, and all linked pages unless indicated otherwise ("Site"), are owned and operated by MobileAppLoader, and are accessed by you ("User" both “Seller” or “Buyer”) under the following terms and conditions: ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, MobileAppLoader may offer to provide certain services ("Services") that relate to facilitating the purchase and sale of mobile applications by creating a market place for “Sellers” to offer their mobile applications for customization and “Buyers” to purchase mobile application. MobileAppLoader may also “Sell” mobile application developed and owned by MobileAppLoader.
MobileAppLoader may change, suspend or discontinue the Services (or User's access thereto) at any time, including the availability of any feature, mobile applications, mobile application templates, services, or Content, without notice or liability. MobileAppLoader reserves the right, at its discretion, to refuse to allow access to the Services to any User at any time. MobileAppLoader also reserves the right, at its discretion, to modify this Agreement at any time.
While using MobileAppLoader, you will not:
· Post content or items in an inappropriate category or areas on our sites and services;
· Violate any laws, third party rights, or our policies.
· Manipulate the price of any item or interfere with other Seller’s listings;
· Circumvent or manipulate our fee structure, the billing process, or fees owed to MobileAppLoader;
· Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
· Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to MobileAppLoader);
· Distribute or post spam, chain letters, or pyramid schemes;
· Copy, modify, or distribute content from the Sites and MobileAppLoader’s copyrights and trademarks; or
· Harvest or otherwise collect information about users, including email addresses, without their consent.
* RESTRICTIONS. User (whether a Seller or Buyer or otherwise) warrants, represents and agrees that it will not contribute, submit or make available through the Services, or use the Services in connection with, any Content, Application or Application template that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. MobileAppLoader reserves the right to remove any Content, Application or Application template from the Site at any time, or to terminate User's right to use the Services or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MobileAppLoader is concerned that User may have breached the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph 13 ("Termination"). User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MobileAppLoader user. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity.
* IMPLEMENTATION. Users who are Sellers may upload mobile application templates and make them available for Buyers. Users who are Sellers hereby grant MobileAppLoader the right to sell the application to Buyers. Users who are Buyers may search and purchase mobile applications.
* FEES and SERVICES
Signing up for MobileAppLoader is free. We do charge fees for our services, such as mobile applications. When you purchase mobile application or use a service that has fees you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the MobileAppLoader site. We may choose to temporarily change the fees for our services for promotional events (or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.)
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
o All materials displayed or performed on or accessible through the Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, application templates, applications also known as the “Content") are protected by copyright. The term "Content" as used herein specifically includes any application or other content made available or submitted by any Seller and. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services.
o User acknowledges and agrees that if User uses any of the Services to contribute or make available application or Content, MobileAppLoader is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by MobileAppLoader and agrees not to assert any Moral Rights with respect thereto.
o User acknowledges and agrees that MobileAppLoader has no special relationship with or fiduciary duty to User and that MobileAppLoader has no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content User accesses or receives via the Site or Services; what Content other Users may make available, publish or promote in connection with the Services; what effects any Content may have on User or its users or customers; how User or its users or customers may interpret, view or use the Content; what actions User or its users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services.
o Further, (i) if User is a Seller, User specifically acknowledges and agrees that MobileAppLoader has no control over (and is merely a passive conduit with respect to) any Content that may be submitted by any Buyer, and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User, and (ii) if User is an Buyer, User specifically acknowledges and agrees that MobileAppLoader has no control over any Content that may be available by any Seller (or otherwise), and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User.
o User releases MobileAppLoader from all liability in any way relating to User's acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site or Service may contain, or direct User to sites or mobile applications containing, information that some people may find offensive or inappropriate. MobileAppLoader makes no representations concerning any Content contained in or accessed through the Site or Services, and MobileAppLoader will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.
o MobileAppLoader cannot guarantee that the third party application store (such as Apple iTunes App Store) will accept the application for any reason or no reason at all. No refund is granted for the setup fees in that case since the “Seller” and MobileAppLoader invested time and energy in building the application and uploading it.
o MobileAppLoader has no Liability over the “Seller” or the “Buyer”.
o THE SERVICES APPLICATIONS, TEMPLATES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOBILEAPPLOADER DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY MOBILE APPLICATION, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
o Electronic Communications Privacy Act Notice (18 USC 2701-2711): MOBILEAPPLOADER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE, APPLICATIONS OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES. MobileAppLoader will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted over networks accessed by the Site, APPLICATION or otherwise connected with User's use of the Site or Services.
* REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with MobileAppLoader and select a password and enter User's email address ("MobileAppLoader User ID"). User shall provide MobileAppLoader with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a MobileAppLoader User ID a name of another person with the intent to impersonate that person; (ii) use as a MobileAppLoader User ID a name subject to any rights of a person other than User without appropriate authorization. MobileAppLoader reserves the right to refuse registration of, or cancel a MobileAppLoader User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's MobileAppLoader password.
* EQUIPMENT AND ANCILLARY SERVICES. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other communication device connection services. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site and any Services and User shall be responsible for all charges incurred in connection with all such equipment and ancillary services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.
* INDEMNITY. User will indemnify and hold MobileAppLoader, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
* LIMITATION OF LIABILITY. IN NO EVENT SHALL MOBILEAPPLOADER BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR APPLICATIONS (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
* FEES AND PAYMENT. Some of the Services require payment of fees. MobileAppLoader reserves the right to change its price list and to institute new charges at any time, upon prior notice to User, which may be sent by email or posted on the Site. If User is a Buyer, User shall pre-pay all applicable fees, as described on the Site, in connection with such Services selected by User. If User is a Seller, User shall receive a percentage of the Net Revenue of Applications associated with User's use of the Services as solely determined by MobileAppLoader. "Net Revenue" shall mean revenues actually received by MobileAppLoader from the sale, use or other disposition of Applications less sales, use and excise taxes, less any agency commissions, carrier, App Stores and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by MobileAppLoader to third parties from time to time. The portion of Net Revenue received by User shall be determined according to the contract posted on the site. In addition, if User is a seller, User agrees that any payments that may become due to User (as described on the Site) are specifically conditioned upon MobileAppLoader's receipt of full payment from the applicable buyer. If MobileAppLoader does not receive the applicable payment in full from any such buyer, MobileAppLoader shall have no liability or responsibility to User (and User hereby releases MobileAppLoader) with respect thereto. If User disputes any payment made in connection with the Services, User must notify MobileAppLoader in writing within thirty (30) days of any such payment. Failure to so notify MobileAppLoader shall result in the waiver by User of any claims related to such disputed payment. Payment shall be calculated solely based on records maintained by MobileAppLoader. No other measurements or statistics of any kind shall be accepted by MobileAppLoader or have any effect under this Agreement. MobileAppLoader shall not be liable for any payment based on any breach of this Agreement by User. To ensure proper payment, User is solely responsible for providing and maintaining accurate contact and payment information associated with User's account and MobileAppLoader User ID. User agrees to pay all applicable taxes or charges imposed by any government entity in connection with User's use of the Services.
* OTHER POLICIES.
o Users who believe that material or Content residing on or accessible through the Site or Services infringes a copyright should review the Site's Copyright Dispute Policy.
o If Apple will require MobileAppLoader to update the Application for any reason, MobileAppLoader may charge "Buyer" for the service of updating the App.
o MobileAppLoader may add: “Powered by” MobileAppLoader Tab/Page including buttons calling for actions, text, Splash screen and any other marketing items for free and/or paid applications.
* TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. MobileAppLoader may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of the User's account, User's right to use the Services will immediately cease and User will remove all MobileAppLoader Applications from App Store. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
* REPRESENTATIONS AND WARRANTIES. If User is a seller, User represents and warrants to MobileAppLoader that (i) User is the owner of each Mobile Application User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Mobile Application for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder. User further represents and warrants to MobileAppLoader that each of User's Mobile Applications and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content. If User is an buyer, User represents and warrants to MobileAppLoader that (i) User is the owner of each Services User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Services for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder. User further represents and warrants to MobileAppLoader that each of User's Servicess and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content and (d) are free from viruses and any other contaminants of any nature whatsoever.
* MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MobileAppLoader shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MobileAppLoader's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by User except with MobileAppLoader's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MobileAppLoader in any respect whatsoever.