Date of Last Revision: January 12, 2014
Date of Last Revision: January 12, 2014
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").
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org unless otherwise provided in this Agreement.