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TERMS OF USE

INTRODUCTION

Please read these Terms of Use  (this "AGREEMENT") carefully and completely 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. If you DO NOT AGREE to ALL the terms and conditions of this AGREEMENT, DO NOT click on the "Accept" box.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.  

USING MobileAppLoader

While using MobileAppLoader, the USER ("user" also referred to as "buyer") will not:

  • Post content or items in an inappropriate category or areas on our sites and services: infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise in violation of any law or right of any third party or our policies
  • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
  • Distribute or post spam, chain letters, or pyramid schemes
  • Manipulate the price of any item and/or service
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to MobileAppLoader
  • Take any action that may undermine the feedback or ratings systems Copy, modify, or distribute content from the Site and MobileAppLoader's copyrights and trademarks
  • You may not use the Service for any illegal or unauthorized purpose. In using the Service, you may not violate any laws, including but not limited to copyright laws
  • 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


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.   

FEES and SERVICES

Signing up for MobileAppLoader is free; however, we do charge fees for our services, primarily mobile applications. When you purchase mobile applications or use a service that has fees you will be charged based on our fee schedule. We may choose to temporarily change the fees for our services for promotional events (or for new services) and such changes are effective when we post the temporary promotional event or new service on our Site (and applicable to those buyers purchasing apps during the promotional event).

Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and applicable taxes associated with our Site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we reserve the right to discontinue your mobile application.

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.  

CONTENT

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 User. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services.

You are responsible for all content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).  

MobileAppLoader reserves the right to use at no charge pictures, links, graphics, names and other content in or related to BUYERs' (User's) apps for MobileAppLoader's web site, brochures, cards, blog and other promotional purposes.

DISCLAIMERS

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 gain 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.

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.  

Electronic Communications Privacy Act Notice (18 USC 2701-2711): MOBILEAPPLOADER makes no guarantee of confidentiality or privacy of any communication or information transmitted on the site, applications or any website linked to the site or though 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 account and 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.

OTHER POLICIES

In the course of using the Site or Services, User may be asked to provide certain personally identifiable information to MobileAppLoader. User acknowledges and agrees that User is solely responsible for the accuracy and content of its User Information. MobileAppLoader cannot and does not guarantee the security of any of the User Information that a User transmits online.  

           If Apple requires MobileAppLoader to update the Application for any reason, MobileAppLoader may charge "Buyer" for the service of updating the App.

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 unless User pays to eliminate these features.  

TERMINATION

Either party may terminate the Mobile App(s) and Services at any time by notifying the other party by email. MobileAppLoader may also terminate or suspend any and all Apps and 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 or MobileAppLoader will remove all MobileAppLoader Applications from App Store. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including and without limitation, ownership provisions, warranty disclaimers, and limitations of liability. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

The Web pages available at www.MobileAppLoader.com, the web services provided by MobileAppLoader, and the mobile applications – unless indicated otherwise - are owned and maintained by MobileAppLoader. Subject to the terms and conditions of this Agreement, MobileAppLoader develops and leases mobile applications. MobileAppLoader may change, suspend or discontinue the Apps and related Services (or User's access thereto) at any time, including the availability of any feature, mobile application, mobile application template, service, or content, without notice or liability to User(s). MobileAppLoader reserves the right, at its discretion, to refuse to allow access to the Apps and related Services to any User at any time. MobileAppLoader also reserves the right, at its discretion, to modify this Agreement at any time.

REPRESENTATIONS and WARRANTIES

If User is a 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 Services 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.

Violation of any of the terms in this agreement will result in the termination of your Account. You agree to use this Service at your own risk; and you take full responsibility for using it according to this AGREEMENT. MobileAppLoader does not guarantee that (a) the service will meet your requirements and expectations, (b) the service will be uninterrupted, timely, secure, or error-free, (c) results will conform to your plans. MobileAppLoader is not liable for any direct or indirect damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MobileAppLoader has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of MobileAppLoader to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and MobileAppLoader and govern your use of the Service, superseding any prior agreements between you and MobileAppLoader (including, but not limited to, any prior versions of the Terms of Use). In no event shall MobileAppLoader's liability to you exceed the amount actually paid to MobileAppLoader by you during the preceding 12 months.

MISCELLANEOUS

It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or its services and/or notify us with your wish to discontinue.  We may revise these terms of use at any time without notice to you.
You agree to use the service at your own risk. If you have any questions about these Terms of Use, please contact us at support@MobileAppLoader.com

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.

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