Apps-Machine Terms of Use

Date of Last Revision: January 12, 2014

Apps-Machine.com User Terms of Use

Welcome to Apps-Machine.com, a website that lets users submit mobile application ideas for feedback from the Apps-Machine community of Users (the “Community”). The web site is first and foremost designed to facilitate and provide general market research data and information to individuals or entities that submit a mobile application idea. However, selected smartphone application ideas will further be developed by the Community and may ultimately be developed and sold by Apps-Machine. The Apps-Machine.com web site and its associated services (the “Services”) may be found at the domain and its related subdomains found at www.Apps-Machine.com (the “Site”). The Site is owned and operated exclusively by MULTI MOBILE Ltd(MULTI MOBILE d.o.o.), a Croatian corporation, and its corporate affiliates (collectively referred to herein as “Apps-Machine”, "us", "we" or "the Company").

By creating a user account and/or accessing or using the Site or by posting any content on the Site, you represent and warrant that you have read, understand and agree to be bound by these User Terms of Use ("Terms of Use" or "Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE NOTE THAT BY AGREEING TO THE TERMS OF USE PROVIDED FOR HEREIN YOU MAY BE TRANSFERRING VALUABLE INTELLECTUAL PROPERTY RIGHTS TO APPS-MACHINE FOR ITS COMMERCIAL USE.

Basic Description of User Participation on the Site

The Site is developed and operates using a variety of terms and phrases. The more commonly used terms are defined in more detail below. To summarize generally how the Site functions:

  • - Mobile Application Ideas are submitted by Users.
  • - The Community evaluates submitted Mobile Application Ideas and the Company may, at its sole discretion, taking into consideration a variety of factors, including the Community input select a Mobile Application Idea for development and sale. If the Company has not identified a Mobile Application Idea as a winning idea within thirty days following submission of such Mobile Application Idea by a User, such User withdraws such Mobile Application Idea or can elect to re-submit such Mobile Application Idea to Apps-Machine and Apps-Machine's trusted partners for further consideration for development.
  • - During the voting week phase, Users post their suggestions or ideas to further contribute to perfecting the idea presented.
  • - Once all the phases related to a Mobile Application Idea are completed, the Company may then develop the Mobile Application Idea and sell the commercialized version of the Mobile Application Idea.
  • - The Company will distribute designated prize money as well as additional awards, to those Users who participated in the development of the Mobile Application Idea or who originally submitted the Mobile Application Idea.

THE SELECTION, DEVELOPMENT, AND SALE OF ANY MOBILE APPLICATION IDEA IS SUBJECT TO THE COMPANY’S SOLE AND ABSOLUTE DISCRETION AND THE COMPANY RESERVES THE RIGHT, FOR ANY OR NO REASON, TO (I) REJECT ANY SUBMITTED MOBILE APPLICATION IDEA, (II) REFUSE TO POST ANY SUBMITTED MOBILE APPLICATION IDEA TO THE SITE, (III) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED TO A MOBILE APPLICATION IDEA, (IV) TERMINATE THE SALE AND OR DEVELOPMENT OF ANY COMMERCIALIZED MOBILE APPLICATION RELATED TO ANY MOBILE APPLICATION IDEA, (V) REFUSE TO AWARD PRIZE MONEY TO ANY WINNING IDEA, OR (Vl) SELL OR LICENSE A MOBILE APPLICATION IDEA, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO ANY THIRD PARTY.

Commonly Used Terms and their Definitions

All initial capitalized terms used in this Agreement shall have the meaning ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following Terms shall have the meaning listed below:

  • - “Accepted Mobile Application Idea” means any Mobile Application Idea that is selected by the Company for development and/or commercialization.
  • - “Apps-Machine Mobile Application Revenue” means the total gross revenue actually received by the Company from the sale, license, distribution or marketing of a developed commercialized product (including developed mobile applications) or Intellectual Property Rights that originate out of a particular Accepted Mobile Application Idea, less all returns, warranty claims, charge backs, and other direct offsets against gross revenue, less costs of development and operation of the developed commercialized product (including developed mobile applications) or Intellectual Property Rights, as determined in the sole discretion of the Company.
  • - “Idea Submitter” means any User that submits a Mobile Application Idea to the Site.
  • - “Intellectual Property Rights” means any Submission, writing, trade name, trademark, service mark, mask work or any other material registered or otherwise protected or protectable under state, federal, or foreign patent, trademark, copyright, trade secret or similar laws.
  • - “Mobile Application Idea” means a smartphone application concept, design or idea that is submitted by a User to the Site as a Mobile Application Idea.
  • - “Prize Money” means the monetary reward for the winning idea, the amount having been designated by the Company at the beginning of each competition cycle.
  • - “Proprietary Information” includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party.
  • - “Person” means any individual, trust or legal entity.
  • - “Rejected Mobile Application Idea” means any Mobile Application Idea that is not selected by the Company for development and/or commercialization.
  • - “Site Content” shall mean all information on the Site and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
  • - “User” is anyone that creates an account online and is registered to post content on the Site and includes all other Persons who participate on the Site other than the Company.
  • - “User Content” includes all information that a User may transmit to the Site and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format.

Apps-Machine Control of the Site and Services

You acknowledge that Apps-Machine is a service provider that has created the Site to allow Users to interact via the Site regarding topics and content chosen by Users, and that Users can alter the information presented on the Site on a real-time basis. Apps-Machine generally does not regulate the content of communications between Users or Users' interactions with the Services. As a result, Apps-Machine has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, Apps-Machine reserves the right to monitor and/or limit any User Content posted by a User to the Site, including, without limitation Mobile Application Ideas.

Other Parties Rights in Content

You acknowledge that: (i) by using the Site you will have access to User Content provided by other Users, and (ii) User Content and Site Content may be provided under license by independent content providers, including contributions from other Users. The Company may not pre-screen User Content submitted by Users to the Site. You acknowledge that the Company and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Services or posting on the Site. You accept full responsibility and liability for your use of any Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.

Media Waiver

You agree that the Company has the absolute right and permission to use your name, voice, image, likeness, and your applicable User compensation information, including for example any commissions paid and your Influence percentage, as well as representations made by you, in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company, the Company’s business or an Accepted Mobile Application Idea.

Submissions by Users for Market Research Data

The Site has been created primarily to provide low-cost market research to a Person or the Company with respect to Mobile Application Ideas. The Site will collect and organize feedback received from the Community with respect to each Mobile Application Idea for use by the Company.

Payments by the Company to Users

While one aspect of the Site is to provide Users, including Mobile Application Idea Submitter’s with prize money resulting from winning the monthly competition, Users should not participate on the Site or in the Services primarily for financial gain, as any actual monetary compensation actually received by a User in connection with the Site, may or may not bear any relation to the actual time invested on the Site, or the quality or quantity of User Content submitted. The Company will pay 10% of the Apps-Machine Mobile Application Revenue received by the Company from a particular developed mobile application to the User or Users who submitted the Accepted Mobile Application Idea used by the Company to create such developed mobile application. The determination of whether a particular Accepted Mobile Application Idea was used by the Company to create a particular developed mobile application will be made by the Company in its sole discretion, The Company will make the payments set forth above within 30 days of the last day of each month in which payments are calculated by the Company in accordance with these Terms of Use. The Company will make the payments described above for so long as the Company is receiving revenue from such developed mobile application, as determined in the sole discretion of the Company and in accordance with these Terms of Use. The Company may elect in its sole discretion to develop or not develop an Accepted Mobile Application Idea, or to commercialize or not commercialize any Accepted Mobile Application Idea. The Company makes no representation, warranty or guarantee that a User will ever receive any payments or actual compensation in connection with participating on the Site or providing User Content or submitting a Mobile Application Idea even if the User participates or provide User Content or submit a Mobile Application Idea. Apps-Machine makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with use of the Site or the Services. Apps-Machine’s obligation to pay Apps-Machine Mobile Application Revenue to Users, who are allocated such amounts pursuant to these Terms of Use, is limited to paying such allocations based upon Apps-Machine Mobile Application Revenue that is actually received by Apps-Machine. Notwithstanding any Apps-Machine Mobile Application Revenue that may be allocated to such User pursuant to these Terms of Use, Apps-Machine shall be under no obligation to distribute such amount to you until such time as the aggregate amount payable to such User exceeds $100. The Company will calculate all payments owed by the Company to a User as set forth above, on a daily basis, based on the previous day’s sales of an Accepted Product Idea. All amounts earned by a User shall be rounded down to the nearest tenth of cent. If the total amount that a User earns for the previous day is less than a tenth of penny (e.g. $.001) then such amount shall be rounded down to zero and no amount will be credited to the User. On an annual basis, Apps-Machine reserves the right to reset all User accounts below $100 to $0 in Apps-Machine's sole discretion and to write-off all such unpaid amounts and Apps-Machine shall have no liability for any such write-offs. Apps-Machine also reserves the right to withhold or forfeit payments due to any User that has breached this Agreement or any of the other guidelines related to use of the Site. Apps-Machine also reserves the right to withhold or forfeit payments due to any User that has breached this Agreement or any of the other guidelines related to use of the Site. The Company will make payments to Users by PayPal, check, ACH, wire transfer (fee assessed to User) or through any other commercially reasonable manner adopted by the Company from time to time. Subject to the foregoing terms, upon the death of a User, Apps-Machine will direct payments associated with the Prize Money accruing from the deceased User’s participation on the Site prior to such User’s death, to a replacement payee if: (a) the Person requesting a replacement payee presents verifiable documentation supporting the replacement payee’s legal entitlement to the deceased User’s payments, and (b) the request for a replacement payee is received by Apps-Machine within one year from the date of the deceased User’s death. If Apps-Machine does not receive a request for replacement payee that complies with the foregoing conditions, Apps-Machine may cancel the deceased User’s account and write-off any unpaid amounts, with no liability for any such write-offs. In addition to the payments set froth above , the Company will offer monetary rewards that vary on a monthly basis and are outlined in the awards medal top right of every page which can be seen during idea the idea submission phase, and during voting week.

Option to Acquire an Accepted Mobile Application Idea

If an Accepted Mobile Application Idea is not selected by Apps-Machine for development within 45 days of initially being submitted on the Site, the User who submitted the Accepted Mobile Application Idea has the option to, within one week of the aforementioned 45 day deadline, acquire ownership from Apps-Machine of all Intellectual Property Rights in the commercialized version of the Accepted Mobile Application Idea.

Tax Withholding and Apps-Machine Payee Information Form

You acknowledge and agree that you be responsible for all taxes due on any payments made to you in connection with your participation on the Site. The Company will be under no obligation to make any payments to you unless you have supplied your PayPal email address; all payments will be made via this method.

Service Interruptions and Site Changes

Apps-Machine reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that Apps-Machine will not be liable for any interruption of the Site, delay or failure to perform. Apps-Machine has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion.

Eligibility

Participation in the Site is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 18 or older and that you agree to and will abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License

All Site Content is the proprietary property of the Company, its Users or other licensors, with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to User Content that is legally posted on the Site, which is addressed in more detail in the section below titled “Ownership of User Content.” Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your own personal use, in connection with participating on the Site, during the duration of the development of an Accepted Mobile Application Idea for which such Site Content was originally posted. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or site or incorporate the information in any other database or compilation, and any use of the Site Content not explicitly permitted herein is strictly prohibited.

The foregoing license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. The foregoing license is revocable at any time by the Company without notice and with or without cause.

Ownership of User Content

The Company and each User that is a party to this Agreement acknowledges and agrees that, subject to the terms and conditions of this Agreement, Users may retain any and all applicable copyright and other Intellectual Property Rights with respect to any User Content that a User creates or submits using the Services, to the extent such User has such rights under applicable law. Notwithstanding the foregoing, you understand and agree that by submitting User Content to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant): (i) to the Company: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your User Content within the Services, as permitted by you through your interactions on the Services, (b) the perpetual and irrevocable right to delete any or all of your User Content from Company owned, controlled or used servers and from the Site, for any reason or no reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your User Content as the Company may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Services; and (ii) to other Users a limited license to access and use your User Content for their own personal use, in connection with participating on the Site, during the duration of the evaluation and development of a submitted Mobile Application Idea for which such User Content was originally posted. Other than as expressly provided herein, no User shall acquire any license or ownership in other Users’ User Content, provided however that in the event a User withdraws a Mobile Application Idea from the Site in accordance with these Terms, and desires to adopt User Content provided by another User for use away from the Site, such Users may agree among themselves, separate and apart from these Terms, to terms governing use of such User Content. Further, you agree to grant to Company a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below.

In connection with any Accepted Mobile Application Idea, to the extent that you submit User Content in connection with that Accepted Mobile Application Idea and your User Content is incorporated or made part of any commercialized version of that Mobile Application Idea, you hereby assign to the Company, and agree to deliver such additional assignments or other instruments of transfer or Intellectual Property Rights perfection as may be reasonably requested by the Company, all of your right, title and interest in such User Content, including without limitation all Intellectual Property Rights. You further agree that you will not make any claims against the Company or any third party who is assigned or licensed rights in such User Content by the Company, based on any allegations that any activities by the Company or such third party infringe your (or anyone else's) Intellectual Property Rights in such User Content. You further acknowledge and agree that in connection with any such assignment you reserve no rights whatsoever and the Company shall have the right to enforce all Intellectual Property Rights in such User Content against you and any subsequent use by you of such User Content. You further acknowledge and agree that any compensation that you might receive as a result of submitting such User Content and its inclusion in a successfully commercialized Mobile Application Idea may be inadequate or below fair market value, and you expressly agree to bear such risk in connection with submitting User Content on the Site. The provisions of this Section may be specifically enforced by either the Company or any third party who is assigned or licensed rights in such User Content by the Company, and any such third party is intended to be a third party beneficiary of this provision.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder; (ii) you are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your or any other Person’s Intellectual Property Rights or Proprietary Information; and (iii) Apps-Machine's acknowledgement hereunder of your Intellectual Property Rights in your User Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of the Company’s intention not to require Users of the Site to forego certain Intellectual Property Rights with respect to User Content they submit to the Site, subject to the terms of this Agreement, including without limitation each User’s agreement to assign all right, title and interest in User Content that is included in a commercialized.

Accepted Mobile Application Idea

Apps-Machine retains ownership of User account data, regardless of any Intellectual Property Rights in User Content.
You agree that even though you may retain certain copyright or other Intellectual Property Rights with respect to User Content that is submitted on the Site, you do not own the account you use to access the Site, nor do you own any data Apps-Machine stores on its servers (including without limitation any data representing or embodying any or all of your User Content). Your Intellectual Property Rights in any User Content, if any, do not confer any rights of access to the Site, the Services or any rights to data stored by or on behalf of the Company.

You also agree that the Company has to right to purchase a User’s Mobile Application Idea for the same prize money as the User picked winner whose prize money can be found on the badge displayed in the upper right hand corner of the website. This purchase will transfer the User’s ownership of their Mobile Application Idea to the Company. The decision to exercise this right is at the sole discretion of the Company.

Trademarks

“APPS-MACHINE” and other Apps-Machine graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress (collectively, the “Marks”) of Apps-Machine in the U.S. and/or other countries. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any mobile application or service in any manner that is likely to cause confusion or association or affiliation with Apps-Machine and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Conduct by Users; Prohibited Conduct

You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that infringes or violates any third party rights, including without limitation all Intellectual Property Rights, or that constitutes any other Person’s Proprietary Information; (ii) impersonate any Person without their consent, including, but not limited to, a Apps-Machine employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iii) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content as determined by Apps-Machine at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit to or via the Site any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit to or via the Site any User Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) attempt to gain access to any other User’s account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user; (xi) charge any third party for use of the Site or the Services. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued payments otherwise due to you from the Company.

User Presentation of Apps-Machine or Apps-Machine Mobile Applications.

Users may choose to produce a web application (including, without limitation, a website, blog, Facebook page, Twitter page, or similar) promoting or otherwise presenting Apps-Machine or Apps-Machine mobile applications.

Any such application must comply with the following guidelines:

  • 1. Post the following notice clearly and conspicuously on each and every page within an application: "This mobile application is not affiliated with, endorsed by, or in any manner provided or controlled by MULTI MOBILE d.o.o.. MULTI MOBILE d.o.o. assumes no liability for the content of this application."
  • 2. If using any Apps-Machine branding (including, without limitation, Apps-Machine or Apps-Machine mobile application brand names or logos), do not distort or alter the brand appearance. For example, don't change any spelling, don't add or merge words, and don't alter color, font or dimensions.
  • 3. If using any Apps-Machine created imagery (still photos or videos), include the following attribution: "© Apps-Machine Ltd. All rights reserved." adjacent to each instance of imagery.
  • 4. Don't claim any untrue association with Apps-Machine. Apps-Machine Users are not employees, consultants, contractors or agents of Apps-Machine.
  • 5. Don't include the Apps-Machine name or other Apps-Machine brand name in a domain name (including, without limitation, Facebook page URL or Twitter page URL).

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or via the Services any materials that violate another party's Intellectual Property Rights or that constitutes another Person’s Proprietary Information. Any infringing materials posted by any User can be identified and removed pursuant to Apps-Machine's Digital Millennium Copyright Act (the “DMCA”) compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to support@Apps-Machine.com:

  • 1. Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;
  • 2. Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;
  • 3. Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;
  • 4. A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
  • 5. Your signature.

Apps-Machine will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and (c) remove the allegedly infringing Site Content. By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with US Copyright law, and waive any and all claims against Apps-Machine directly relating to, or arising from, the foregoing DMCA compliance process.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Apps-Machine has adopted a policy of terminating, in appropriate circumstances and at Apps-Machine's sole discretion, Users who are deemed to be repeat infringers. Apps-Machine may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.

Monitoring User Content

pps-Machine is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Services. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Services.

Disputes Between Users

As a condition of access to the Site and the Services, you release Apps-Machine (and Apps-Machine's shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) Apps-Machine will have the right but not the obligation to resolve disputes between Users relating to the Services, and Apps-Machine's resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Apps-Machine elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) Apps-Machine's resolution of such disputes will be final with respect to the Site, and any allocation of Influence or the allocation of any payments due to Users related to the foregoing, but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and (d) you hereby release Apps-Machine (and Apps-Machine's shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Apps-Machine's resolution of disputes relating to the Site or the Services.

All Data on the Company’s Servers is subject to Deletion, Alteration or Transfer

When using the Site or the Services, you may accumulate Site Content, objects, items, scripts, or other value or status indicators that reside as data on the Company’s servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON APPS-MACHINE'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN APPS-MACHINE'S SOLE DISCRETION. Notwithstanding the foregoing, the Company will maintain back-up records related to any actual accumulated unpaid cash amounts earned by Users, and to the extent such information is deleted or otherwise altered, the Company will use its best efforts to accurately recreate such information to satisfy its payment obligations.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO USER CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH USER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, APPS-MACHINE DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY’S SERVERS.

YOU UNDERSTAND AND AGREE THAT APPS-MACHINE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.

All Services are Provided "as is" Without Express or Implied Warranties

APPS-MACHINE PROVIDES THE SITE, THE SERVICES, YOUR ACCOUNT AND ALL RELATED GOODS AND SERVICES STRICTLY ON AN "AS IS" BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Services, the Site or your account, and you understand that you shall not be entitled to make any claim based on APPS-MACHINE'S failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

Apps-Machine's liability to you is expressly limited, to the extent allowable under applicable law

IN NO EVENT SHALL APPS-MACHINE OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL APPS-MACHINE'S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that Apps-Machine shall not be held responsible or liable for anything that occurs or results from accessing the Site or participating in the Services.

Indemnification

You hereby agree to defend, indemnify and hold harmless Apps-Machine, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from any claims by third parties that your activity on the Site or your User Content (including your User Content as incorporated in a commercialized Mobile Application Idea) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.

Privacy Policy

Except as otherwise provided herein, including without limitation, in the Section “Media Waiver”, the personal information you provide to us during registration is used for the Company’s internal purposes only. Apps-Machine uses the information it collects to learn what you like and to improve the Services. Apps-Machine will not give any of your personal information to any third party or otherwise disclose your personal information without your express approval except: as reasonably necessary to fulfill your service request or purchase order, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Agreement or as otherwise authorized by you; to law enforcement or other appropriate third parties in connection with criminal investigations and other investigations of fraud; in connection with a merger, sale, reorganization, dissolution or liquidation of Apps-Machine businesses, to prospective or actual acquirers of Apps-Machine assets; or as otherwise necessary to protect the Company, its agents and other users of the Services. Apps-Machine does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Apps-Machine can (and you authorize Apps-Machine to) disclose any information about you to private entities, law enforcement agencies or government officials, as Apps-Machine, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. You agree that Apps-Machine may communicate with you via email and any similar technology for any purpose relating to the Site. You acknowledge and agree that Apps-Machine, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Services. The Company may share general, demographic, or aggregated information with third parties about its Users and their User Content and Site usage, but that information will not include or be linked to any personally identifiable information without your consent.

Dispute Resolution; Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Services, you agree that the laws of the Croatia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and courts of Croatia located in Zagreb, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and courts of the Croatia located in Zagreb.

YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE AND/OR THE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or court located in Zagreb, Croatia concerning infringement, misappropriation or other violation by either of us of the other party's Intellectual Property Rights, and (b) Apps-Machine may seek injunctive relief in state or federal court located in Zagreb, Croatia concerning violation by a User of any of the User conduct rules set forth above, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

To the fullest extent permitted by applicable law, YOU AND APPS-MACHINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services (including your visit to or use of the Site and/or the Services) be instituted more than three (3) years after the cause of action arose.

General Provisions

The Site and the Services is controlled and operated by MULTI MOBILE d.o.o. from its offices within the Croatia. The Company makes no representation that any aspect of the Services is appropriate or available for use in jurisdictions outside of the Croatia. Those who choose to access the Services from other locations are responsible for compliance with applicable local laws. You must comply with all export and import laws and restrictions and regulations of any Croatian or foreign agency or authority relating to the Services and its use.

The Company’s failure to act with respect to a breach by you or others does not waive Apps-Machine's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Apps-Machine under this Agreement shall be deemed effective unless delivered in a writing signed by a duly appointed officer of the Company. All or any of Apps-Machine's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Site and/or the Services in a merger, acquisition or sale of all or substantially all of the Company’s assets. You may not assign or transfer this Agreement or any or all of your rights or obligations hereunder without the prior written consent of the Company, and any attempt to do so is void. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Apps-Machine shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Apps-Machine.

This Agreement sets forth the entire understanding and agreement between you and Apps-Machine with respect to the subject matter hereof. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Apps-Machine may give notice to you by means of a general notice on our website, by electronic mail to your e-mail address in our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All notices given by you or required under this Agreement shall be mailed to us at contact@apps-machine.com unless otherwise provided in this Agreement.