Thank you for visiting and using the website located at www.appnext.com (the “Website”), which is owned and operated by Appnext Ltd (“we”, “us”, “our” or “Appnext”). Your use and access of the Website is governed by and subject to the following agreements (collectively, the “Appnext Agreement(s)”), applicable to you and your use of Appnext’s programs, as may be amended from time to time:
- If you are an advertiser (“Advertiser”), the Advertiser Terms, available here, to which you are a party;
- If you are a developer (“Publisher”) of mobile applications or websites (“Publisher Property”), the Publisher Terms, available here, to which you are a party.
Description of the services
Appnext offers an app discovery technology (the “Service”) that connects Publishers and Advertisers via our online platform, and enables Advertisers to serve ads to the Publisher Properties based on specific user characteristics. Appnext does not develop any particular Publisher Property and is not responsible for the content, functionality or performance of any ad or Publisher Property. If you are a user, then you may encounter our Service when you download or visit a Publisher Property and one of our Advertisers requests that we serve ads to that Publisher Property.
If you are a Publisher or an Advertiser, you are required to create a password-protected account (“Account”) in order to use certain features of the Website and the Service. You are responsible for maintaining the strict confidentiality of your password, and you shall be responsible for any access to or use of your Account, including any fees, costs, or expenses incurred or accumulated as a result of such use, by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Appnext of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. It is your sole responsibility to protect your password, control access to and use of your Account, and notify Appnext when you desire to cancel your Account. Appnext will not be responsible or liable for, and you hereby waive any claim against Appnext in connection with, any loss or damage arising from your failure to comply with this provision.
Intellectual Property Ownership
Unless otherwise noted, all text, content, and documents made available via the Website or the Service, including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing via the Website or the Service, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works via the Website or the Service (the “Content”) are owned by Appnext or used with permission or under license from a third party, and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Appnext and you, all right, title and interest in and to the Content will at all times remain with Appnext and/or its respective licensors. All brand names, product names, titles, slogans, logos, or service names and other marks used via the Website or the Service, are registered and/or common law trade names, trademarks or service marks of Appnext.
Limited Use; Restrictions on Use
- You shall not, without Appnext’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Website, Service or the Content, or modify or re-use all or any portion of the foregoing, (b) use any trade-name, trademark, or brand name of Appnext in meta-tags, keywords and/or hidden text, (c) create derivative works from or commercially exploit the Website, Service or the Content, in whole or in part, in any way, and (d) use the Website, Service or the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Appnext or any third party. Appnext reserves all other rights.
- You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Website, Service or the Content. Except as expressly provided herein, nothing via the Service shall be construed as conferring any license under Appnext’s and/or its licensors’ intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Appnext may revoke any of the foregoing rights and/or your access to the Website and the Service, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Without limiting the foregoing, the Website, Service and the Content and all other features via the foregoing are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or the Service and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Appnext hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Appnext, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Appnext does not make any warranties that the Website and/or the Service will be uninterrupted, secure or error free or that your use of the Website and/or the Service will meet your expectations, or that the Website, the Service, the Content, or any portion thereof, is correct, accurate, or reliable. Appnext reserves the right to change any part of the Website at any time and without notice.
Limitation of Liability
Your use of this website is at your own risk. Neither Appnext or its affiliates, or any of its respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of this Website or arising out of any action taken in response to or as a result of any Content or other information available via this Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if Appnext was advised of the possibility of such damages. If you become dissatisfied in any way with the Website, the Service or any applicable Appnext Agreement, your sole and exclusive remedy is to stop your use of the this Website and Service. You hereby waive any and all claims against Appnext and its agents, representatives and licensors arising out of your use of the Website. Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages; accordingly, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Appnext and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
Digital Millennium Copyright Act
Appnext is committed to respecting and protecting the legal rights of copyright owners. As such, Appnext adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content on the Service or any advertisement made available via the Service infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (a) be provided to Appnext’s designated agent, (“Copyright Agent”), as set forth below, and (b) 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; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Appnext’s Copyright Agent to receive DMCA Takedown Notices is: email@example.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted via the Service. You acknowledge that in order for Appnext to be authorized to remove or disable access to any Content, your DMCA Takedown Notice must comply with all of the requirements of this section.
No Crawling; Framing; Links; Third Party Sites
Crawling, scraping, indexing, framing, in-line linking or other methods of association with the Website, by any means, including accessing the Website by automated means (such as robots or spiders), are expressly prohibited without prior written approval from Appnext. Appnext may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Choice of Law