These terms and conditions (“Terms”, “Agreement”) are an agreement between Application Developer (“Application Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the application and any of its products or services (collectively, “Application” or “Services”).
Backups
We are not responsible for Content residing in the Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other applications
Although this Application may link to other applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked application, unless specifically stated herein. Some of the links in the Application may be “affiliate links”. This means if you click on the link and purchase an item, Application Developer will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any application which you access through a link from this Application. Your linking to any other off-site applications is at your own risk.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Application Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Application Developer. All trademarks, service marks, graphics and logos used in connection with our Application or Services, are trademarks or registered trademarks of Application Developer or Application Developer licensors. Other trademarks, service marks, graphics and logos used in connection with our Application or Services may be the trademarks of other third-parties. Your use of our Application and Services grants you no right or license to reproduce or otherwise use any Application Developer or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Application Developer has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Application Developer and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Application Developer and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Application or Services or any willful misconduct on your part.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Application or Services at any time, effective upon posting of an updated version of this Agreement in the Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Application and its Services.
Contacting us
If you have any questions about this Agreement, please contact us.
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