Terms Of Service
These Content Sharing Services Terms of Service (“Terms”) have been updated and are effective beginning March 3, 2014 (the “Effective Date”). By accessing and using the App Marketplace (as defined below) and the Content Sharing Services (as defined below) as of the Effective Date, you indicate that you have read and agree to these Terms.
BY ACCESSING OR USING THE APP MARKETPLACE OR THE CONTENT SHARING SERVICES OR BY DOWNLOADING, POSTING OR UPLOADING ANY CONTENT (AS DEFINED BELOW) FROM OR ON THE APP MARKETPLACE OR CONTENT SHARING SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED OR OPENED AN ACCOUNT WITH CLIENTCONNECT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP MARKETPLACE OR THE CONTENT SHARING SERVICES. IF YOU ARE USING THE APP MARKETPLACE OR THE CONTENT SHARING SERVICES ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO USE THE APP MARKETPLACE AND THE CONTENT SHARING SERVICES AND TO BIND SUCH PERSON OR ENTITY TO THESE TERMS, THAT YOUR ACTIONS HAVE BEEN DULY AUTHORIZED BY SUCH ENTITY AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF SUCH PERSON OR ENTITY. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT PERSON OR ENTITY.
You may not use the App Marketplace or the Content Sharing Services if (a) you are not of legal age to form a binding agreement in your jurisdiction, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the App Marketplace or the Content Sharing Services under the laws of the country in which you are resident, or accessing or using the App Marketplace or the Content Sharing Services.
Without limiting any other terms of these Terms, we may block your access to the App Marketplace or Content Sharing Services for any reason and at our sole discretion at any time, even if we have previously allowed your use of the App Marketplace or the Content Sharing Services.
1. Description of the Content Sharing Services
Subject to the definitions below, we provide the App Marketplace, Add Stuff and other related services, software and features which enable certain users of the ClientConnect Technology to access, distribute and share their Content with Application publishers or Application users, as well as select and use third party Content shared by others, if available (collectively the "Content Sharing Services"). These Content Sharing Services are also made available through third-party platforms, networks, and websites such as Facebook, Twitter, or YouTube ("Third Party Outlets") and/or the ClientConnect Technology.
2. Certain Definitions
2.1. "Application" means any software application generated via the ClientConnect Technology. For example, an Application may be a web browser toolbar or any other ClientConnect powered App.
2.2. "Add Stuff" means a feature enabling Application users to add Content and components offered via the App Marketplace and/or the "2go" button to their Application.
2.3. "Our Content" means the Content made available by us via the Content Sharing Services, excluding User Content.
2.4. "App Marketplace" means the website located at www.appstrm.com and the section of the ClientConnect Technology or the Third Party Outlets from which the Content Sharing Services are available.
2.5. "Content" means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components.
2.6. "User Content" means any Content posted, uploaded, linked to or from and/or otherwise submitted to or via the App Marketplace or Content Sharing Services by an Application publisher or any other third party (to the extent applicable) content provider.
2.7. "2go" means a feature enabling publishers to offer User Content on their website to Application users or their website visitors, to the extent applicable.
2.8. "ClientConnect Technology" means our proprietary Application-generating platform and any other products or services provided by us therein or in connection thereto.
3. Updates and Modifications
3.1. We reserve the right, at our sole discretion, to modify, change or discontinue the App Marketplace and the Content Sharing Services or to modify or terminate these Terms, at any time and without notice to you. Please check these Terms periodically for changes. If we modify these Terms, we will post the modification on the App Marketplace or provide you with notice of the modification in another manner that we deem fit. We will also update the "Last Updated Date" at the bottom of these Terms. The updated Terms will be effective when posted. By continuing to use the App Marketplace or Content Sharing Services after we have posted a modification on the App Marketplace or have provided you with notice of a modification of the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the App Marketplace and Content Sharing Services. You can review the most current version of these Terms at any time at www.appstrm.com/termsofservice. If the updated Terms are not acceptable to you, your only recourse is to cease using the App Marketplace and/or Content Sharing Services.
3.2. Without limiting any other term herein, we reserve the right at our sole discretion to correct possible errors or bugs on the App Marketplace or in the Content Sharing Services and, more generally, to add new elements, modify, discontinue or change the App Marketplace or the Content Sharing Services or any part thereof at any time and without notice to you. We shall not be held liable for any modification, interruption, or suspension of the App Marketplace or Content Sharing Services or for any resulting damages, and we do not have an obligation to fix any errors or bugs on the App Marketplace or in the Content Sharing Services.
3.3. In addition to the foregoing, certain features or areas on the App Marketplace, Content Sharing Services and Third Party Outlets may be subject to additional or separate terms, licenses, guidelines, policies and/or standards (the "Additional Terms"). Any Additional Terms will be posted or presented to you with such feature or service and shall be binding on you. We urge you to pay attention to and read any such Additional Terms.
4. General Restrictions on Use of the Content Sharing Services
The App Marketplace and Content Sharing Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of App Marketplace and the Content Sharing Services, including, without limitations, privacy laws. In addition, you agree that you will not do any of the following while using or accessing the App Marketplace or the Content Sharing Services:
4.1. Upload, post, submit or otherwise transmit: (i) any User Content to which you do not have the lawful right to copy, transmit or display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content); (ii) any User Content for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary; or (iii) any User Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right or moral right or right of publicity);
4.2. Upload, post, submit or otherwise transmit any User Content that: (i) is unlawful, obscene, harmful, threatening, harassing, defamatory; (ii) is hateful, constitutes hate speech, contains objects or symbols of hate; (iii) invades the privacy of any third party; (iv) contains content related to bestiality, rape, incest, sex with graphic violence or degradation or constitutes pornography or child erotica; (v) is deceptive, threatening, abusive, inciting of an unlawful action, defamatory, libelous; (vi) contains content related to gambling or gambling activity; or (vi) is otherwise objectionable in our opinion;
4.3. Circumvent, disable or otherwise interfere with security related features of the App Marketplace or Content Sharing Services or features that prevent or restrict use or copying of any content;
4.4. Use any meta tags or other hidden text or metadata utilizing any trademark or logo, URL or product name owned or controlled by ClientConnect;
4.5. Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of unsolicited or unauthorized solicitation;
4.6. Upload, post, submit or otherwise transmit any User Content that exhibits features or functionality that are the same or similar to those offered by other User Content;
4.7. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the App Marketplace or the Content Sharing Services to send altered, deceptive or false source-identifying information;
4.8. Upload, post, submit or otherwise transmit any User Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the App Marketplace or the Content Sharing Services;
4.9. Upload, post, submit or otherwise transmit any User Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of the User Content;
4.10. Interfere with or disrupt (or attempt to interfere with or disrupt) any servers or networks connected to the App Marketplace or the Content Sharing Services or the technical delivery systems of our providers or violate any requirements, procedures, policies or regulations of networks connected to the App Marketplace or Content Sharing Services;
4.11. Provide, make available or link to any providers of web search services, functionality or features, including without limitation references or advertisements to providers of web search services, functionality or features, without our prior written consent;
4.12. Interfere with, circumvent or disable any security-related features that limit or prevent the copying of any third party intellectual property;
4.13. Attempt to probe, scan or test the vulnerability of any ClientConnect system or network or breach or impair or circumvent any security or authentication measures protecting the App Marketplace or the Content Sharing Services;
4.14. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App Marketplace or the Content Sharing Services;
4.15. Attempt to access, search or meta-search the App Marketplace or the Content Sharing Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by ClientConnect or other generally available third party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox and Safari), including, without limitation, any software that sends queries to the App Marketplace or the Content Sharing Services to determine how a website or web page ranks;
4.16. Access, collect, store or use personal data about other users of the App Marketplace or the Content Sharing Services (including the users of your User Content) without their explicit and informed permission;
4.17. Sell any personal data about other users of the App Marketplace or the Content Sharing Services (including the users of your User Content) without our and their explicit and informed permission;
4.18. Include any rewards or incentive programs and/or actual monetary exchanges in your User Content, without our prior written consent;
4.19. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
4.20. Use the App Marketplace or the Content Sharing Services in any manner not permitted by these Terms; or
4.21. Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms.
We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and network security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users of the App Marketplace or the Content Sharing Services who violate these Terms or applicable law. You acknowledge that we have no obligation to monitor your access to or use of the App Marketplace or the Content Sharing Services or to review or edit any User Content, but have the right to do so for the purpose of operating the App Marketplace and the Content Sharing Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content, including, any User Content, that we, at our sole discretion, consider to be in violation of these Terms, applicable law or otherwise harmful to the App Marketplace or the Content Sharing Services.
5. Proprietary Rights and Licenses
5.1 User Content. As between you and us, you retain all rights in your User Content. However, by uploading, posting, submitting, linking to or otherwise transmitting any User Content on or via the App Marketplace or Content Sharing Services, you hereby grant to us a non-exclusive, worldwide, royalty-free, sublicensable, right and license to use, reproduce, modify, distribute, display, publish, perform, transmit and access your User Content in connection with the Content Sharing Services, the App Marketplace and our business (and that of our successors) including, without limitation, for promotion and redistributing part or all of the App Marketplace or the Content Sharing Services (and derivative works thereof), in any media formats and through any media channels including Third Party Outlets during the term you use the App Marketplace or the Content Sharing Services and for the twelve month period following the end of such term. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to us. You agree to immediately notify us, in writing, if, at any time during the term hereof, your license, right, consent and/or permissions to share User Content are revised, revoked, or become limited in any way. You acknowledge and agree that your posting of or linking to User Content will comply with our Copyright Policy as set forth in Section 8 below.
5.2 Limitations. You acknowledge and agree that we may, at our option, reclassify or re-categorize any User Content and establish limits concerning User Content, including, without limitation, the maximum number of days that User Content will remain available via the App Marketplace or the Content Sharing Services, the maximum size of any files that may be transmitted or posted via the App Marketplace or the Content Sharing Services and the maximum disk space that may be allotted to you for the storage of User Content on our servers, as applicable. We will have no responsibility or liability for maintaining copies of User Content on our servers, and you are solely responsible for creating back-ups of your User Content.
5.3 Our Content. We and our licensors own all right, title and interest, including all worldwide intellectual property rights in the App Marketplace and the Content Sharing Services, including without limitation, Our Content and any other content made available through the App Marketplace and the Content Sharing Services, other than your User Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App Marketplace or Content Sharing Services, including without limitation, Our Content, any other content made available through the App Marketplace or Content Sharing Services or related products and services. Except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the App Marketplace or the Content Sharing, including Our Content or any other content made available through the App Marketplace or Content Sharing Services (other than your User Content).
5.4 Disclaimer. We do not guarantee that any content (including, without limitation, Our Content or User Content) will be made available through the App Marketplace or the Content Sharing Services, continuously or at all. WHILE WE ARE UNDER NO OBLIGATION TO DO SO, WE RESERVE THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE APP MARKETPLACE OR THE CONTENT SHARING SERVICES WITHOUT NOTICE, AND FOR ANY REASON THAT WE MAY DEEM SUFFICIENT. We are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any User Content or anything depicted or written by users on or through the App Marketplace or Content Sharing Services. We do not endorse any opinion, recommendation or advice expressed in any User Content and you hereby waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You further acknowledge and agree that you may encounter User Content that you find objectionable and/or offensive and you hereby waive any legal and/or equitable right you may have against us with respect to such User Content.
6. User Content Distribution and Usage
6.1 You understand that once you have offered your User Content as part of the Content Sharing Services, it is your sole responsibility. Furthermore, you are solely responsible for your interactions (including any disputes) with other users of the App Marketplace or Content Sharing Services and we do not in any way screen users of the App Marketplace or Content Sharing Services.
6.2 You understand that other than as specifically agreed with us in a separate document signed by both you and us, you are not entitled to receive any payment from us for posting, sharing, modifying, distributing or using User Content as part of the App Marketplace or the Content Sharing Services or otherwise.
6.3 Your User Content may not incorporate any Publicly Available Software, in whole or in part, in a manner that may subject the ClientConnect Technology (including without limitation the App Marketplace, Content Sharing Services, Application, or Third Party Outlet), in whole or in part, to all or part of the license obligations of any Publicly Available Software. As used herein, the term "Publicly Available Software" means any software that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models.
6.4 The rights holder of User Content and its licensors own all right, title and interest, including all worldwide intellectual property rights in such User Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any User Content, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any User Content.
7. Ratings and Comments & Feedback.
7.1 Comments. You can rate and make comments about content made available on or through the App Marketplace or the Content Sharing Services ("Comments"). We advise you to exercise caution and good judgment when leaving such Comments. Once you complete and submit your Comments to the App Marketplace or Content Sharing Services you will not be able to go back and edit your Comments. You should also be aware that you could be held legally responsible for damages to someone's reputation if your Comments are deemed to be defamatory. By electing to make Comments, you hereby grant to ClientConnect a perpetual, royalty-free, irrevocable right and license to use, reproduce, modify, distribute, display, publish, perform, transmit and access such Comments.
7.2 Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the App Marketplace and Content Sharing Services ("Feedback"). You may submit Feedback via the Give Feedback option or through the "Contact Us" link which are available at the App Marketplace. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of ClientConnect and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to ClientConnect together with all intellectual property rights therein.
8. Copyrighted Materials: No Infringing Use
You will not use the Content Sharing Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users of the ClientConnect Technology who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Additionally, we abide by the Digital Millennium Copyright Act ("DMCA"). Please see our Copyright Policy available at http://appstrm.com/CopyrightPolicy or detailed information on how to submit a copyright violation claim.
9. Privacy and Personal Information
9.3 The App Marketplace is large and growing every day. In order to improve your experience in the App Marketplace, we keep an inventory of the Content you have elected to add to your Application from the App Marketplace so it can customize your App Marketplace experience. This means we may provide you recommendations for Content that you haven't yet added to your Application and that may be of interest to you.
9.4 We also enable you to share information contained on your social network accounts when you add social network User Content to your Application. If you elect to use social network User Content, you agree to share the information contained in your social network account with us and/or other third parties, if such third parties have requested and you grant consent to such access. This means that we may have access to personal information such as your friends, your postings and your pictures. We ask your permission to access such information, both to be able to deliver it to you through the ClientConnect Technology and to further customize your App Marketplace experience. We allow you to share your activities on the App Marketplace, such as the Content you added to your Application, with your friends. If you agree in advance to give us access to such information, your privacy default settings on your social network account may be automatically changed to accommodate our access. We never share this information with third parties.
9.5 Please contact us at firstname.lastname@example.org if you have questions about our privacy policies.
10. Paid User Content
This Section 10 only applies to third parties (including, without limitation, publishers) who are eligible to receive payments from us in accordance with a separate agreement.
10.1 The Content Sharing Services may include revenue based User Content which you may choose to add to your Application (the "Monetized App").
10.2 Should you choose to add a Monetized App to your Application, you may not, directly or indirectly, nor permit any person to:
10.1.1 Artificially inflate the amount of leads, including, without limitation, clicks, click-throughs, sales, registrations, impressions or leads (each, an "Event") through any deceptive or misleading practice, method or technology including, without limitation, the use of any spyware, parasite-ware, device, program, robot, Iframes, hidden frames, click spam, redirects, spiders, computer script or other automated, artificial or fraudulent methods designed to appear like an individual, real live person performing an Event;
10.1.2 Implement or allow so-called "drive-by downloads" to occur off any Monetized App (i.e., implementing or allowing any software installation process or procedure to be initiated as the direct or indirect result of a web page view or click.)
10.3 You may not establish or cause to be established any promotion that provides any sweepstakes entries, rewards, points, incentives or other compensation to be earned in connection with generating Events, or otherwise attempt to induce Application users to click on any Monetized App.
10.4 If you generate leads, clicks or other Events through the use of fraudulent means of traffic generation (as we determine at our sole discretion), you will forfeit all the revenue which you may have been entitled to for all the Monetized Apps which you have added to your Application, not just the revenue earned from the Monetized Apps associated with the fraudulent activity, and we may terminate your eligibility to participate in Monetized Apps offers effective immediately.
10.5 We reserve the right, at our sole discretion, to determine if fraudulent activity has occurred with respect to any Monetized App, at any time, and you agree to be bound by these determinations.
10.6 We makes no guarantees, representations or warranties as to the level of Events that you can expect by adding a Monetized App to your Application.
10.7 If we, at our sole discretion, believe that you or anyone on your behalf has been engaged in fraudulent activity, we may take any and all steps it deems appropriate including without limitation: (a) issue a warning; (b) conduct an investigation; (c) suspend your participating in the Monetized Apps offering as a whole so that you shall no longer be entitled to any future-revenues for a Monetized App; (d) withhold or recover any revenue already paid to you; or (e) terminate your account with us or your eligibility to participate in any offering available by the ClientConnect Technology.
10.8 You acknowledge and agree that we may deduct/refund any revenue which is due to you if it is subject to any chargeback or other fees that we have paid in connection therewith.
10.9 If we suspend your participation in the Monetized Apps offering, you will no longer get paid for any future activity and you are required to immediately remove all existing Monetized Apps from your Application. We may, at our sole discretion, (but have no obligation to) reinstate your account in the event you have, to our satisfaction, taken all necessary remedial actions.
10.10 You acknowledge that our billing system interfaces and receives information from third parties and therefore is not error-free, and we shall not be held liable for any problems, miscalculations or malfunctions in processing any revenue due to you. If you believe that an error has occurred, you may send an inquiry by email to email@example.com.
11. Term and Termination
11.1 You may stop using the App Marketplace or the Content Sharing Services at any time. You do not need to specifically inform us when you stop using the App Marketplace or the Content Sharing Services, but please note that these Terms will continue to apply to you unless you terminate them by providing us with notice in writing.
11.2 Without limiting other remedies, we may immediately terminate these Terms at any time and for any or no reason, including, without limitation, your violation of these Terms, without prior notice and at our sole discretion.
11.3 Any suspension, termination or cancellation will not affect your obligations to us under these Terms (including, without limitation, the rights granted by you to us, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. After any termination, you understand and acknowledge that we will have no further obligation to provide the App Marketplace or the Content Sharing Services and all licenses and other rights granted to you by these Terms will immediately cease. We will not be liable to you or any third party for termination of the App Marketplace or the Content Sharing Services or termination thereof.
12. Warranty Disclaimer
13. Limitation of Liability
IN NO EVENT SHALL WE, OUR LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (I) YOUR USE OF THE APP MARKETPLACE OR CONTENT SHARING SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE APP MARKETPLACE OR CONTENT SHARING SERVICES, (II) ANY CHANGES THAT WE MAY MAKE TO THE APP MARKETPLACE OR CONTENT SHARING SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE APP MARKETPLACE OR CONTENT SHARING SERVICES (OR ANY FEATURES WITHIN THE CONTENT SHARING SERVICES), (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT, (IV) TERMINATION OF THE APP MARKETPLACE OR CONTENT SHARING SERVICES OR THESE TERMS, OR DISCONTINUING OF THE OFFERING AND DISTRIBUTION OF ANY USER CONTENT, (V) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION, (VI) YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS WITH US SECURE AND CONFIDENTIAL (IF APPLICABLE), (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VIII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP MARKETPLACE OR CONTENT SHARING SERVICES BY ANY THIRD PARTY, AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY SOFTWARE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT ON OR VIA THE APP MARKETPLACE OR CONTENT SHARING SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE HUNDRED DOLLARS (US $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless ClientConnect, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the App Marketplace, Content Sharing Services or Our Content; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, proprietary, property, publicity, or privacy right; (iv) any claim that your User Content caused damage of any kind whatsoever to a third party; or (v) your use of any User Content in any manner that is not permitted hereunder or in any manner that has violated the rights of the owner of such User Content. You shall fully cooperate as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms and the termination of your use of the App Marketplace and Content Sharing Services.
15.1 You agree that we may provide you with notices, including those regarding changes to these Terms, by email or regular mail, or postings as part of the App Marketplace or Content Sharing Services.
15.2 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a waiver of our rights and that those rights or remedies will still be available to us.
15.3 Neither these Terms nor any interest herein may be assigned by You or any of your obligations delegated without our prior written consent. Any attempted unauthorized assignment or delegation shall be null and void. We may assign or transfer these Terms or any rights or delegate any of our obligations hereunder without your consent. We will be released of all rights or liabilities under these Terms upon consummation of such assignment, transfer or delegations.
15.4 If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
15.5 Each party shall comply with all laws, rules and regulations, if any, applicable to it in connection with the performance of its obligations under these Terms. The laws of Israel, excluding its conflict of law rules, shall govern these Terms. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Each party irrevocably submits to the sole and exclusive jurisdiction of the courts of Israel located in Tel-Aviv, Israel. You acknowledge and agree that damages for improper use of the App Marketplace or Content Sharing Services may be irreparable; therefore, we are entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
15.6 The email address provided by you or any other address associated with you, may be used by us to send you notices. Our address for receipt of notices is Client Connect Ltd., 5th. Golda Meir St., Park Ta’asyot Hamada, Ness Ziona, Israel 74140.