Terms of Service

1. Using AppOmni Websites

These Terms of Use govern your use of this website and all of its features and web pages (collectively, the “Site”). Please read these Terms of Use carefully because they are binding between you (“You”) and AppOmni, Inc.

2. Acceptance

AppOmni, Inc. and its subsidiaries and affiliates (“AppOmni”, “we”, “us”, “our”) provide this Site subject to these Terms of Use. By accessing and using the Site, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

3. Limited Authorization to Access and Use the Site

You may download, view, copy, or print information and documents published by AppOmni on the Site (the “Information”) only for private use or for non-commercial use within your organization, or if you are a AppOmni Partner, your or your customer’s organization, and solely for the purpose of supporting AppOmni products and services. The Information may not be altered or modified in any way. You agree that any download, copy, print, or use of the Information by you will retain all copyright and other proprietary notices in the same form and manner as in the original. No other use of the Information is authorized without prior written authorization from AppOmni. For the sake of clarity, “Information” does not include the design or layout of the Site, in whole or in part, or trademarks and service marks displayed on the Site.

4. Use of Software

Any software that could be made available to download within the Site (the “Software”) is the copyrighted work of AppOmni or its suppliers. Your use of the Software is subject to the terms of the software license agreement (the “License Agreement”) that accompanies or is included with the Software, service orders, and other terms and conditions that apply. You must read the License Agreement and confirm your agreement to its terms and conditions prior to installing or using the Software.

5. Online Communities

AppOmni may provide Online Communities and services related to those Online Communities such as forums, blogs, discussion groups, chat areas, newsgroups, or other messaging or communication functions. AppOmni is not obligated to provide any technical support for the Online Communities. To the extent technically allowed by the Site, you agree to use the Online Communities only to upload, post, send, and receive messages (including feedback and suggestion), files, documents, graphics, images, and other content or materials (collectively the “Content”) that are related to the scope of the Online Community.

You will use the Online Communities exclusively in a non-commercial manner. While AppOmni employees may provide information related to AppOmni products and services in the Online Communities, the employees are not an official customer support channel, and any opinions expressed by them in the Online Communities are those of the author and do not necessarily reflect the views of AppOmni. AppOmni does not endorse, support, represent or guarantee the accuracy, reliability, or truthfulness of any Content or communications in the Online Communities. You understand that by using the Site, you may be exposed to Content that might be harmful, offensive, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will AppOmni be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available by or through the Site.

6. Prohibited User Conduct

While using the Site, including services and features offered on or through the Site, you will not in whatever manner or form, directly or indirectly:

Use the Site or any Online Community in connection with, or for the purpose of, surveys, contests, solicitation of funds, chain letters, junk email, spamming or any duplicative or unsolicited messages;
Upload Content that contains viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of the Site (or any part of it) or another’s (including AppOmni’s) computer or property;
Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other users;
Restrict or inhibit another user from using and enjoying the Site or any Online Community;
Transmit or facilitate the transmission, distribution or dissemination of any Content which is false or misleading; promotes bigotry, racism, hatred or harm against any group or individual; or is obscene or indecent;
Infringe another’s rights such as, but not limited to, intellectual property rights;
Falsify or delete any copyright management information including material contained in a file that is uploaded;
Attempt to gain unauthorized access to part of the Site, another’s user account, computer systems, or networks connected to a AppOmni server;
Attempt to damage, disable, overburden, or impair the Site or a AppOmni server or any network connected to a AppOmni server;
Download any file posted by another user that you know, or reasonably should know, cannot be lawfully reproduced, displayed, performed, and/or distributed in such manner;
Harvest or otherwise collect information about others, including email addresses or other personal information;
Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
Create a false identity for the purpose of misleading others; or
Violate any applicable laws, regulations, or codes of conduct.

7. Right to Monitor and Remove Submissions

AppOmni reserves the right, but has no obligation, to monitor the Online Communities, and AppOmni reserves the right to review any Content uploaded, posted, or sent, and to remove any Content in AppOmni’s sole discretion.

8. Your Content

AppOmni does not claim title to or ownership of the Content. However, by uploading, posting, sending or otherwise transmitting any Content to any part of the Site, including the Online Communities, or submitting any Content to AppOmni:

You grant AppOmni and any sublicensees elected by AppOmni a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Content (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights;

At AppOmni’s or sublicensees’ option, you agree to have your name published in connection with your Content or you agree to waive such right;

You warrant and represent that you own, control or have all the necessary rights to the Content including, but not limited to, the rights necessary to upload, post, send or otherwise transmit the Content and to grant licenses and sublicenses such as those set forth above; and

Any ideas, suggestions, or other information submitted or sent to AppOmni, including comments to blogs or posts in the Online Communities, will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the AppOmni Privacy Policy.

9. User Information

In order to access certain parts of the Site, you may be asked to provide personal information. Our information collection and use policies with respect to your personal information are set forth in the AppOmni Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You are fully responsible and liable for maintaining the confidentiality of your username and password, and for any and all activities that occur under your password as well as for any loss or damage incurred by AppOmni or any third party due to the use of your password or account by someone else. You agree to notify AppOmni immediately of any unauthorized use of your password and/or account or any breach of security.

10. Third-Party Websites, Content, and Services

AppOmni may make available a link to a third party’s website. The linked sites are not under the control of AppOmni, and AppOmni is not responsible for the products, services, information, contents, or any form of transmission which may be provided by or through any linked site, any link contained in a linked site, or any changes or updates to such sites, even if owned by affiliates of AppOmni. AppOmni provides such links only as a convenience and does not endorse such linked site or its use or content. Any reliance on the contents of a third-party site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.

11. Restricted Rights Legend

Use, copy, or disclosure by the government of the United States is subject to the restrictions set forth in the Defense Federal Acquisition Regulation Supplement (DFARS) § 252.227-7013(c)(1)(ii) and the Commercial Computer Software License at 48 C.F.R. § 52.227-19.

12. Export Control Restrictions

You may not access, download, use, or export the Information (including the Software and Content) in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You and your organization agree to comply with all export laws, restrictions, and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Information (including the Software and Content) in violation of any such restrictions, laws, or regulations, or without all necessary approvals. As applicable, you will obtain and bear all expenses related to any necessary licenses and/or exemptions with respect to the use of the Information outside of the United States. The Information (including the Software and Content ) may not be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to persons listed by the United States Treasury Department as “Specially Designated Nationals and Blocked Persons” or by the United States Commerce Department in its “Table of Denial Orders”. By agreeing to the Terms of Use, you represent and warrant that you and your organization, if applicable, are not (a) located in, under the control of, or a national or resident of, any such country; or (b) a person on the “Specially Designated Nationals and Blocked Persons” or “Table of Denial Orders” lists.

13. Disclaimers

Any and all the Information (including the Software and Content) provided on the Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or any warranties regarding workmanlike efforts, lack of negligence or non-infringement.

AppOmni makes no warranty that the Software, Information, Content, results, or materials that may be obtained from the use of the Site or any tools or services available or offered through the Site will be accurate or reliable; or the quality of any products or services described in the Site will meet your expectations.

The content of the Site may include technical inaccuracies or typographical errors. AppOmni does not warrant that the electronic functions contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through the Site. AppOmni does not endorse and is not responsible for the accuracy or reliability of any Content on the Site, or for any offensive, defamatory, obscene, unlawful or infringing Content made thereon by anyone other than an authorized representative of AppOmni acting in his or her official capacity.

In the future, changes may be added to the information herein but there will be no duty to update the Site. AppOmni may make improvements or changes in the products or programs described on the Site at any time without notice.

14. Limitation of Liability

Neither AppOmni nor any of its directors, officers, employees, or other representatives will be held liable for errors contained herein, or for any direct, indirect, special, punitive, incidental or consequential damages such as, but not limited to, loss of data, loss of profits or revenues, loss of business, loss of reputation, or any economic loss arising out of, or in connection with the furnishing, the access, or use, or inability to use the Site, or reliance on any of the information provided or materials contained in the Site even if advised of the possibility of such damages. In no event will AppOmni nor any of its directors, officers, employees, or other representatives be held liable for or in connection with any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site.

The aggregate liability of AppOmni and any of its directors, officers, employees, or other representatives to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence) arising from the Terms of Use or your use of the Site will not exceed, in the aggregate, the amount, if any, paid by you to AppOmni for your use of the Site or purchase of products or services via the Site. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages; so the above limitation or exclusion may not apply to you to the extent prohibited by law.

15. Indemnification

You and your organization agree to defend, indemnify and hold AppOmni, its directors, officers, employees, or representatives harmless from and against any and all claims, damages, expenses (including reasonable attorney fees), losses or liabilities arising out of or in connection with your access to or use of the Site, including the Online Communities. AppOmni reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

16. Termination

AppOmni may, at its option, terminate or restrict without notice any user’s access (and any account of such person) to the Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms of Use.

17. Claims of Copyright Infringement

AppOmni will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyrighted infringement (the “Notification”) must be submitted in writing to the following Designated Agent for the Site:

AppOmni, Inc.
642 Harrison St., Penthouse
San Francisco, CA 94107
Attn: Legal Department

To be effective, the written Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be connected;

A statement that the complaining party has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

A statement that the information in the Notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18. Applicable Law and Dispute Resolution

The Terms of Use as well as all matters relating to your access to and use of the Site will be governed by the laws of the State of California, to the exclusion of its conflict of law provisions and, where applicable, with the federal law of the United States. Any dispute, legal action or proceeding relating to your access to and use of the Site or interpretation of the Terms of Use will be subject to the exclusive jurisdiction of the California state courts in and for San Francisco County, California (or, if there is federal jurisdiction, the United States District Court for the Northern District of California), and you and AppOmni irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient. Any judgment or order by any court having proper jurisdiction against either you or AppOmni may be enforced in any court having jurisdiction over you or AppOmni as the case may be.

19. Proprietary Rights

As between AppOmni and you, AppOmni owns and reserves all rights, title and interest in and to the Site, the Information, and the Content, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein.

20. Intellectual Property Notices

AppOmni and the AppOmni logo are trademarks and service marks of AppOmni and may not be used, in whole or in part, in any manner without AppOmni ‘s prior written permission. All other trademarks are owned by their respective owners.

Any product, process or technology described in the Site may be subject to other intellectual property rights reserved by AppOmni. Unless otherwise expressly authorized in the Site, no right to use any such intellectual property rights is granted hereunder.

21. Modification to the Terms of Use

AppOmni may update and make changes to the Terms of Use at any time without prior notification. When we do so, we will also revise the date at the bottom of the first page of the Terms of Use. With respect to the AppOmni Privacy Policy, material changes will be notified to you by placing prominent notice on the Site.

22. Contact Information

If you have any questions about the Terms of Use, please contact us at:

AppOmni, Inc.
3 East Third Avenue, Suite 200
San Mateo, CA 94401

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