Terms of Use

AppVillage

AppVillage
Terms of Service

Welcome to AppVillage, a group of services owned, operated and provided by Integrated Computer Solutions, Inc. (including its subsidiaries, affiliates, directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns, “AppVillage,” “Us,” or “We”).

These Terms of Use (the “Terms”) govern each user’s (“You” or “Your”) use of any AppVillage website or service (collectively, the “Services”).

Please review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.

1. Changes

We may occasionally change these Terms, so we encourage You to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If You continue to use the Services after we change the Terms, You accept all changes.

2. Privacy Policy; Additional Terms

Our Privacy Policy describes our practices concerning data that You provide or that we may collect about You through the Services, and You consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to Your use of the Services. We will provide these terms to You or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.

Contests and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and You are responsible for complying with these rules and requirements.

3. Registration and Access Controls

You are responsible for maintaining the confidentiality of Your login names and passwords and You accept responsibility for all activities, charges, and damages that occur under Your account. If You have reason to believe that someone is using Your account without Your permission, You should contact us immediately. We are not responsible for any loss or damage resulting from Your failure to notify us of unauthorized use.

If we request registration information from You, You must provide us with accurate and complete information and must update the information when it changes.

4. Intellectual Property; License

The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

Subject to these Terms, You may access and use the Services only for Your own personal, non-commercial use. We reserve all other rights to the Services and Content, and You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.

5. Legal Complaints

AppVillage respects intellectual property rights. If You believe that Content on the Services infringes a copyright, please alert the webmaster immediately at webmaster@appvillage.com.

6. User Submissions

Our Services allow You to submit or software applications and code, or other materials (an “App” or “Apps”) to or through the Services. When You provide Apps, You grant to AppVillage a non-exclusive, worldwide, royalty-free, fully sub-licensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those Apps, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights You may have in Your Apps.

We respect Your ownership of Apps. If You owned an App before providing it to Us, You will continue owning it after providing it to Us, subject to the rights granted above in the preceding paragraph.If You delete an App from the Services, our general license to that App will end after a reasonable period of time required for the deletion to take full effect. However, the App may still exist in our backup copies, which are not publicly available. If Your App is shared with third parties, those third parties may have retained copies of Your App. In addition, if we made use of Your App before You deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after You delete the App. Terminating Your account on a Service will not automatically delete Your submitted Apps.

We may refuse or remove an App without notice to You. However, we have no obligation to monitor Apps, and You agree that We are not liable for Apps or any loss or damage resulting from Apps.

You represent and warrant that You have all rights necessary to grant to AppVillage the license above and that none of Your Apps are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

7. Third-Party Content

We occasionally provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before You use their services.

8. Acceptable Use

The Services have been designed to present Content in a unique format and appearance. Unless we give You permission, You agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and You must be able to edit or delete promptly links that You create, upon our request.

Without limiting any other provision in these Terms, You may not use the Services to do the following or assist others to do the following:

a. Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;

b. Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

c. Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between AppVillage and any third party;

c. Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

e. Transmit files that contain viruses, spyware, adware, or other harmful code;

f. Advertise or promote goods or services without our permission (including, without limitation, by sending spam);

g. Interfere with others using the Services or otherwise disrupt the Services;

h Transmit, collect, or access personally identifiable information about other users without the consent of those users and AppVillage;

i. Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;

j. Impersonate any person or entity or otherwise misrepresent Your affiliation or the origin of materials You transmit; or

k. Defeat any access controls, access any portion of the Services that we have not authorized You to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use Your account or access credentials.

9. Site Access; Account Deletion

We may take any of the following actions in our sole discretion at any time and for any reason without giving You prior notice:

a. Restrict or terminate Your access to the Services;

b. Change or discontinue the Services;

c. Deactivate Your accounts and delete all related information and files in Your accounts;

d. Provide information concerning You and Your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect Your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.

We will not be liable to You or any third party for taking any of these actions and we will not be limited to the remedies above if You violate these Terms.

If You do not agree to these Terms, You should immediately stop using the Services. If You want to delete Your account please use contact instructions posted on the Service at which You obtained the account. Any User Submissions You made while using the Services will continue to be governed by Section 6 of these Terms.

Sections 6 and 10-14 of these Terms will survive any termination of Your access to the Services, whether we terminate Your access or You voluntarily discontinue Your use.

10. Indemnification

You will defend, indemnify, and hold harmless AppVillage with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with Your use or misuse of the Services (including, without limitation use of Your account, whether or not authorized by You, and claims arising from Apps). AppVillage retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases You agree to cooperate with us to defend such claim. You may not settle any claim covered without AppVillage’s prior written approval.

11. Disclaimers; Limitation of Liability

APPVILLAGE DOES NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. APPVILLAGE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

APPVILLAGE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF APPVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF APPVILLAGE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF.

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Governing Law, Venue, and Jurisdiction

These Terms and all claims arising from or related to Your use of the Services will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts excluding its rules regarding conflict of laws. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

With respect to any disputes or claims not subject to arbitration (as set forth below), You agree to exclusive jurisdiction in the state and federal courts in Boston, Massachusetts. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, You must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, You will waive the claim or action.

13. Arbitration

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Boston, Massachusetts. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

14. Miscellaneous

We may be required by state or federal law to notify You of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to You via email. You may update Your email address by visiting the Services where You have provided contact information. If You do not provide us with accurate information, we will not be responsible for failure to notify You. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between You and Us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.