AppSuite reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the App. All material modifications will apply prospectively only. Your continued use of the App following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all applicable law, you must discontinue use of the App immediately.
Use of the App and or registration to be a member for the App (“membership”) is void where prohibited. By using the App, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the App does not violate any applicable law; (e) You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); (f) you will keep your contact information accurate and up-to-date; (g) you will not upload viruses or other malicious code; (h) you will not bully, intimidate, or harass any user; (i) will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; and (j) you will not do anything that could disable, overburden, or impair the proper working of the App, such as a denial of service attack.
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another member at any time or to disclose your password to any third party. You agree to notify AppSuite immediately if you suspect any unauthorized use of your account or access to your password [email protected] You are solely responsible for any and all use of your account.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the App or are a member. You may terminate your account at any time, for any reason, by following the instructions on our App or sending a request to [email protected] AppSuite may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. AppSuite reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the App at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, AppSuite reserves the right, in its sole discretion, to reassign or rename your profile URL. AppSuite expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the App if AppSuite determines, in its sole discretion, that you have violated this Agreement or pose a threat to AppSuite, its employees, business partners, members, users and/or the public. Even after membership is terminated, this Agreement will remain in effect.
You acknowledge that AppSuite reserves the right to charge for any portion of the App and to change its fees (if any) from time to time in its discretion. If AppSuite terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
The App are for the personal use of members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by AppSuite. AppSuite reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the App, including, without limitation, collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App, or employing third party promotional Apps or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges. AppSuite reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
AppSuite does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the App. After posting your Content on, through or in connection with the App, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the App, you hereby grant to AppSuite a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the App, including, without limitation, through the App to applications, widgets, Apps or mobile, desktop or other services which are linked with your AppSuite account, including, without limitation, distributing part or all of the App and any Content included therein, in any media formats and through any media channels. After you remove your Content from the App we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. You understand and agree that once Content is distributed to a linked web App not controlled by us or incorporated into other aspects of the App, AppSuite is under no obligation to delete or ask other users or a service with whom our web App links to delete that Content, and therefore it may continue to appear and be used indefinitely.
You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the App, or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Content on, through or in connection with the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the App.
AppSuite may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of AppSuite violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. AppSuite assumes no responsibility for monitoring the App for inappropriate Content or conduct. If at any time AppSuite chooses, in its sole discretion, to monitor the App, AppSuite nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of a member submitting any such Content.
You are solely responsible for the Content that you post on, through or in connection with any of the App, and any material or information that you transmit to other members and for your interactions with other Users.
AppSuite respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is AppSuite’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
The App also contains content of AppSuite (“AppSuite Content”). AppSuite Content is protected by copyright, trademark, patent, trade secret and other laws, and AppSuite owns and retains all rights in the AppSuite Content and the App. AppSuite hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AppSuite Content (excluding any software code) solely for your personal use in connection with viewing and using the App.
The App contains content of other AppSuite members and licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any such third party content appearing on or through the App.
AppSuite performs technical functions necessary to offer the App, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the App. In addition, you agree and acknowledge that AppSuite may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the App. AppSuite reserves the right to limit the storage capacity of Content that you post on, through or in connection with the App.
Third Party Services
Third party services created by third party developers may be available on, through or in connection with the App. Third party services include applications, web Apps, desktop, wireless, mobile and other services available from third parties which can be installed onto your AppSuite profile or shared with other members on the App or which may link to your AppSuite account from outside of the App. Third party services may use your AppSuite profile information and content on such linked webApps and share activity events between AppSuite and the third party services.
When you use our App, you may provide us with your name, email address, mailing address, telephone number, gender and birth date (“PII”) and other information you voluntarily provide to AppSuite when you register. In certain AppSuite Apps you may also be asked to provide credit card information including but not limited to credit card number(s), credit card expiration date, CVV number, billing address, and shipping address “Purchasing Data”. The Purchasing Data will be secured and protected with using best commercial efforts under PCI “Payment Card Information” standards. In certain Apps we may provide access or links to third party websites and or mobile applications that require similar credit card data, we DO NOT control these third party sites and make no representations or warranties to the security, safety, or usability of these applications or sites and or the protection of your data including those provided by AppSuite Customers.
The App is designed for general audiences and does not knowingly collect PII from children under 13 years of age. If you are under age 13, please do not attempt to register on our App or provide any personal information about yourself to us.
Collection of Content
When AppSuite collects PII from you it is because you voluntarily submitted such information to us in order to register on our App. AppSuite may also collect PII from you if you choose to participate in any AppSuite activities. AppSuite also collects other non-PII including IP address, aggregate user data, browser type, mobile phone model, mobile phone number, operating system and version, etc. This data is used to manage and improve the AppSuite services, track usage, and for security purposes
One of the reasons people use our App is to share content with others, such as photos, videos, links or comments. You may also choose to provide or store non-PII information in your profile (collectively “Profile Information”).
AppSuite uses “cookies” on its web sites. Cookies are identifiers that can be sent from a web site via your browser to be placed on your computer’s hard drive. Thereafter when you visit our web site, a message is sent back to the web server by the browser accessing our web site. You may elect not to accept cookies by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of our web site. Data in cookies may be read to authenticate user sessions or provide services. AppSuite uses the information collected from the “cookies” to collect the pages visited, navigation patterns, etc. of a visitor. This information helps us learn things such as what product information or services is of most interest to our members, and what kinds of content our members like to see.
The AppSuite App tracks nearly all of the movements and activity you perform on our App including but not limited to which functions are used, messages you access or click on, sites you visit, pictures and or messages you post while on our App. Additionally if you enable location services on our App We will track the physical location of your phone on a frequent and scheduled basis “Geo Location”. Your Geo Location and App activity as described above in this paragraph are reported back to our servers and stored for use in our App with services such as offers and rewards as well as providing certain entertainment based services such as the AppSuite “Heat Map” that illustrates the location of our mobile App users without identifying specific users on our maps. AppSuite stores all of your usage information on a permanent basis and may at our sole discretion use this for data mining, analytics, and or other commercial use.
We may not own or operate certain applications or websites that you use or access through our App. Whenever you connect with third party application or website, we will receive information from them, including information about actions you take. In some cases, in order to personalize the process of connecting, we may receive a limited amount of information even before you connect with the application or website.
How we use your information
In order to locate other AppSuite members that you may already know in the physical world, AppSuite allows users to search for Members using PII (i.e., full name or email address). AppSuite also allows its users to browse for certain profile information in order to help connect with other members.
If you have consented to receive promotional materials (e.g., newsletters) or notifications from AppSuite, AppSuite may periodically use your email address, text message, and or push message to send you such materials related to the AppSuite Services, as applicable. If you want to stop receiving such materials from AppSuite, you can change your profile settings or follow the unsubscribe instructions at the bottom of each email.
AppSuite employees, agents and contractors must have a business reason to obtain access to your PII. AppSuite may share your PII with those who help us manage or provide AppSuite Services’ information activities or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide AppSuite with a specific service and not for any other purpose. AppSuite may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII.
We don’t share your information with advertisers without your consent. We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements.
How we secure your personal information
AppSuite uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification.
No security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on our App will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on our App. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
Contact Information If you have any questions regarding the Privacy Statement or security of your information or believe that the privacy of your personal information has not been respected, you may submit a email complaint to [email protected].
Disclaimers; Limitation on Liability
AppSuite is not responsible for and makes no warranties, express or implied, as to any content or the accuracy and reliability of any content posted through or in connection with the App by users or members of the App or any web Apps linked therein. In addition, AppSuite is not responsible for any damage, injury or loss caused by users or members of the App or by any of the equipment or programming associated with or utilized in the App. AppSuite is not responsible for the content, accuracy or opinions expressed on this App and services, and the App and services are not necessarily investigated, monitored or checked for accuracy or completeness by AppSuite. Inclusion of any linked web Apps or service on the App does not imply approval or endorsement of the linked web App or service by AppSuite. When you access these third party web Apps and services, you do so at your own risk. AppSuite takes no responsibility for third party advertisements or linked web Apps that are posted on, through or in connection with the App or linked web Apps, nor does it take any responsibility for the goods or services provided by these third parties. AppSuite is not responsible for the conduct, whether online or offline, of any user or member of the App or linked web Apps. AppSuite is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the App. The App is provided “AS-IS” and as available and AppSuite expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AppSuite cannot guarantee and does not promise any specific results from use of the App or linked web Apps.
IN NO EVENT SHALL AppSuite BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF AppSuite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AppSuite’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AppSuite FOR THE APP DURING THE TERM OF USE.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflict of law provisions. You and AppSuite agree to submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any dispute arising out of the Agreement or the App. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACTNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold AppSuite, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the App.
Contact Information If you have any questions regarding the Privacy Statement or believe that the privacy of your personal information has not been respected, you may submit an email to the attention of [email protected]