2. General Disclaimer: Website may contain applications or “apps”(“Apps”), information, advertisements, articles, message boards, facts, views, opinions, statements, recommendations, promotions and other content, as well as links to external websites not owned or controlled by Website or Company (collectively, “Website Content”). Company and Website make no warranties or representations as to the accuracy, safety or value of third-party websites and/or Website Content created, published, displayed, uploaded, downloaded or distributed in, on or through Website. Company and Website and assume no liability or responsibility for errors or omissions in Website Content. Company and Website accept no responsibility for the actions of any User or third party or for Website Content created, provided, uploaded, linked or posted by any User or third party, including without limitation the content of articles, Apps, or reviews or comments posted in response to articles, Apps, or reviews. Some Website Content is created and provided by third parties not under the actual or legal control of Company or Website. Website Content does not necessarily reflect the views, opinions or recommendations of Company or Website and any reliance upon Website Content is taken at User’s sole risk.
4. Description of Service: Website provides User with various services, including without limitation access to Website Content and information about Apps, reviews, advertisements and articles on various topics, as well as the opportunity to register for an account (“Account”) with Website, to submit articles and/or Apps for potential display and publication on Website, to Provide information and comments on portions of Website, and to access Website Content. Website will post notices describing any relevant fees, terms, conditions and requirements. Only Users who click “I AGREE” to the relevant submission agreement (“Submission Agreement”) and/or register for an account with Website, if required, are permitted to submit, create, provide, upload, link or post (collectively, “Submit”) Material (as defined herein) for consideration and/or publication on Website. Each User is personally responsible for obtaining, providing and maintaining (a) access to the Internet, including without limitation payment of telephone, cable or other connection and service fees associated with Internet access, and (b) all equipment required to access and use Website and the Internet, including without limitation access to a computer and modem. Company and Website accept no responsibility or liability for the ability or inability of any User to access Website and/or Submit Material to Website. Company and Website do not control or review all Website Content and accept no responsibility for the actions of Users or third parties or for Website Content Submitted, provided, uploaded, linked or posted by Users or third parties, including without limitation the content, functionality or non-functionality of Apps.
8. Modifications of Service: Company and Website reserve the sole and exclusive right to change, suspend or terminate Website and all related websites and services at any time and from time to time with or without prior notice. Company and Website are not liable to User or any third party for any change to, suspension or termination of Website or related websites and services, including without limitation the loss of data, information, and other Website Content.
9. No Liability for Lost Information: Company and Website assume no responsibility or liability for deletion of or failure to store Website Content or Material created, provided, uploaded, linked or posted in, on or through Website. Company and Website will not provide Users with individual copies of Website Content, by email or otherwise, under any circumstances. Users are strongly advised to maintain backups and independent copies of all Information and Website Content Submitted or provided to Website.
10. Limitations on Website Content: Company and Website retain the exclusive, discretionary right limit the amount of Material and/or Website Content a User may Submit, create, provide, upload, link or post and to create, implement, change and enforce these and other limitations at any time, with or without cause or prior notice.
14. Advertising and Promotions: Website may feature Website Content, including without limitation advertisements and promotions, by or from third parties not owned or operated by or under the control of Company and Website. User agrees to the publication and display of advertisements and promotions on all portions of Website, including without limitation portions of Website displaying Material or Website Content created, provided, uploaded, linked or posted by User. User agrees not to block, interfere or attempt to block or interfere with any Website Content. User understands and agrees that User is not entitled to editorial control, compensation or consideration of any kind relating to or arising out of Website Content. User may contact, communicate, contract with or participate in promotions offered by advertisers and other third party providers of Website Content, at User’s sole liability, responsibility and discretion. USER HEREBY RELEASES COMPANY AND WEBSITE FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED, OPERATED OR CONTROLLED BY COMPANY, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH ADVERTISERS OR OTHER THIRD PARTIES. Company and Website assume no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between User and any advertiser or other third party.
16. Potentially Offensive Content: Use of Website, Apps, related websites and services may result in exposure to Website Content and other information that User finds offensive, indecent or objectionable. User agrees to hold Company and Website harmless from and against any responsibility or liability for offensive, indecent or objectionable content and conduct.
19. Representations and Warranties of User: User hereby represents and warrants to Company and Website that:
(d) User will not deliberately create, publish, provide, post, display, Submit, upload or distribute Material, information or Website Content in, upon, over or through Website or any related websites, publications and services owned by Company which is dishonest, plagiarized or inaccurate;
(e) Material created, published, provided, posted, displayed, Submitted, uploaded and distributed by User does not and will not infringe, violate or conflict with the intellectual property or other rights of any person or entity, including without limitation rights of patent, copyright, trademark, trade secret and rights to proprietary works;
(f) User will not create, publish, provide, post, display, Submit, upload or distribute Material or information in, upon, over or through Website or any related websites, publications and services owned by Company which (i) is in any way tortious, abusive, defamatory, libelous, obscene, an incitement to an illegal act, (ii) illegally infringes upon the privacy or contract rights of any person or entity or (iii) violates the law of any state, the United States or the Berne Convention;
(g) User will not engage in any conduct or create, publish, provide, post, display, Submit, upload or distribute Material or information in, upon, over or through Website or any related websites, publications and services owned by Company in which User (i) impersonates any person or entity, including without limitation an employee or officer of Company or an administrator of Website, (ii) falsely states or misrepresents User’s identity or affiliation with any person or entity, (iii) contains or results in the generation or transmission of software viruses or computer code, files or programs designed to interrupt, destroy or negatively alter the nature, use or function of any computer hardware, software, server, system, network or telecommunications equipment;
(h) User will properly cite and identify the sources of all Material and information created, published, provided, posted, displayed, Submitted, uploaded or distributed in, upon, over or through Website or any related websites, publications and services owned by Company, will retain copies of all sources cited or referenced and will support or verify User’s rights to use copyrighted or other protected Material at the request of Company or Website;
(i) User has not and will not solicit, receive or accept payment, compensation or anything of value from any third party in exchange for inserting, using or recommending a name, product or other content in Material or information created, published, provided, posted, displayed, Submitted, uploaded or distributed in, upon, over or through Website or any related websites, publications and services owned by Company or Website except as disclosed and approved in advance by Company.
22. User Suggestions: Company and Website do not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications or other property of Company and Website (collectively “Ideas”). User understands and agrees that (a) any Idea or Material sent to Company or Website, Submitted to or posted on any portion of Website, or included in Website Content will be considered non-proprietary, non-confidential and fully released for use by Company and Website, (b) Company and Website have no obligation or liability to User or any third party relating to or arising out of the use, nonuse, disclosure, publication or receipt of any Idea and (c) Company and Website may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.
25. Acceptance of Risk: Company and Website make no warranties or representations about the safety, fitness, content, functionality and/or appropriateness of any App, Material, information and/or Website Content, and specifically disclaim any and all warranties and representations relating thereto. Material and Website Content downloaded, obtained or accessed from or through the use of Website is downloaded, obtained and accessed at the sole discretion, risk and responsibility of User. User agrees to accept sole responsibility and liability for any damage to User’s computer, hardware, operating system, software, network, server and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading, obtaining or accessing Website and Website Content.
30. LIMITATION OF LIABILITY: COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT, INCLUDING WITHOUT LIMITATION APPS, SOFTWARE AND COMPUTER PROGRAMS. COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USER OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING OR USING ANY AND ALL WEBSITE CONTENT AND/OR APPS. COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT. COMPANY AND WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR LACK OF USE OF WEBSITE OR ANY WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF WEBSITE OR ANY WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO WEBSITE OR A PERSONAL ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND WEBSITE CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY OR THE ADMINSTRATORS OF WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.
6. E-Mail Contact: Users who register for a personal account and/or submit information to Website must provide Company and Website with a valid e-mail address and other identifying Personal Information. Company and Website may use this Personal Information from time to time in order to contact Users for purposes of updating required information and providing important information about (a) services offered by Company and Website (b) changes to Company and Website policies, rules, procedures and practices and (c) User’s personal account. With the exception of information relating to Website content, offerings and activities, Company and Website do not and will not sell or disclose User names or e-mail addresses to third parties. Company and Website do not engage in “spamming” or other unsolicited e-mail contact for purposes of marketing, advertising or sales.
8. User Access to Personal Information: Each User, including without limitation Users who are also Submitting Users, may access his or her own Personal Information and account information for the limited purposes of viewing, verifying, altering or updating Personal Information provided to Company and Website. Company and Website reserve the right to keep copies of all information provided to Company and Website.
1. Expectation of Compliance: American Virtue (“Company”) and the Apps-School.com website (“Website”) support the Digital Millenium Copyright Act (“DMCA”) and the protection of intellectual property rights pursuant to the laws of the United States, individual states and the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”). Company and Website expect every person accessing or using Website (“User”) to comply with the intellectual property laws of the United States, individual states and the Berne Convention.
2. Infringement Notice: If you are a copyright holder and believe your copyrighted work has been posted, linked, uploaded or otherwise made available on Website in a manner which constitutes copyright infringement you may notify Company and Website by sending a written notice to our copyright agent (“Infringement Notice”). A valid Infringement Notice must comply with the requirements of U.S. law, including without limitation the requirement that a valid notice must contain:
(a) A description of the copyrighted work the notice writer believes has been infringed and a description of the allegedly infringing activity.
(b) Identification of the location where the original or an authorized copy of the copyrighted work exists (e.g. a URL for a website hosting the work or identification of the published or printed work in which the copyrighted work appears).
(c) The specific location (URL / permalink) where the infringing material appears on Website, including enough information to enable Company and Website to locate the infringing material.
(d) A statement that the person sending the notice has a good faith belief the copyrighted material is being used on Website in an illegal manner, without the authorization of the copyright holder or any agent and without a valid legal defense.
(e) The name, address, telephone number and email address of the notice writer.
(f) A statement, made under penalty of perjury, that all of the information contained in the Infringement Notice is accurate and that the notice writer is either the copyright owner or an agent with legal authority to act on behalf of the copyright owner.
(g) The electronic or physical signature of the copyright owner or an individual authorized to act as the agent of the copyright owner.
3. Agent for Notice: Company and Website have appointed the following individual as their agent for notice of claims of copyright infringement:
Apps-School, a division of American Virtue
4227 South Meridian, Suite C, #442
Puyallup, WA 98373
Do not use this information for any purpose other than reporting claims of copyright infringement. The agent listed above will not return, forward or reply to communications on any other subject.
www.Apps-School.com (“Website”) contains facts, views, opinions, statements, recommendations, applications, software, programs, advertisements and other content and links to external websites not owned or controlled by Website or its parent company, American Virtue (“Company”) (collectively, “Website Content”). Company and Website use reasonable efforts to include accurate, current, family-friendly information on Website, but Company and Website make no warranties or representations as to the accuracy, safety, nature or value of Website Content published, displayed, uploaded, downloaded or distributed through Website, or in applications listed or offered on or through Website, and assume no liability or responsibility for errors or omissions in Website Content. Website and Company accept no responsibility for the actions of third parties or for Website Content created, provided, uploaded, linked or posted by third parties. Website Content does not necessarily reflect the views, opinions or recommendations of Company or Website and any reliance upon Website Content is taken at the user’s sole risk.