TERMS OF USE

www.Apps-School.com (“Website”) and its owner/operator, American Virtue (“Company”) appreciate your interest in using the Apps-School Website. Accessing or other use of Website constitutes the user’s agreement with the following Terms of Use (“Terms of Use”):

1. Users: Any person accessing or using Website is a “User” for purposes of these Terms of Use, whether or not User has created a personal account on or provided other information to Website.

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.

3. Acceptance of Terms of Use: Use of Website indicates the User’s complete acceptance of and agreement to be bound by the Terms of Use and, if appropriate, the Submission Agreement(s). Website is owned and operated by Company and provided for use by individual Users pursuant to the specific terms and conditions of these Terms of Use, the Submission Agreements and other policies, rules, procedures and practices established, posted and modified by Company and Website from time to time. Terms of Use, the Submission Agreements and other Website policies are subject to change without notice. Changes are effective when posted on Website.

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.

5. Personal Use Only: Website and related services are made available to User(s) for personal, non-commercial use only. Users may create, provide, upload, link or post Material only in and on permitted portions of Website and may only edit, alter, overwrite, block or delete Website Content (a) originally Submitted, created, provided, uploaded, linked or posted by User and (b) in accordance with the express provisions of these Terms of Use and other posted Website policies, rules, procedures and practices. Users may not frame or otherwise alter the appearance or functionality of Website. Users may not use Website or any User account, comment, or Material created, provided, uploaded, linked or posted by User to sell or advertise a product or service, including without limitation other Internet websites or businesses, without the advance written consent of Company and Website. Users acknowledge that Website does contain advertisements and other information about Apps, but Company and Website reserve the sole, exclusive and discretionary right to determine what constitutes “selling” and advertising” on Website and to allow or disallow any advertisement, promotional materials or other Website Content, at Company and/or Website’s sole discretion. Users may not take, appropriate, publish, reproduce, or use all or any part of Website, with the exception of Material originally created by the relevant User, for any purpose without the advance written consent of Company, Website or the legal owner of the relevant Website Content or Material.

6. Submission Agreements: In order to Submit information, Apps or other Material for consideration by and/or inclusion in Website Content, a User must complete the relevant Submission Agreement and, if required, create an Account with Website. The Submission Agreements are incorporated into these Terms of Use by this reference as if fully set forth herein.

7. Changes to Legal Notices: Company and Website may change the Terms of Use, Privacy Policy, SMCA Notice, Submission Agreements, and other legal notices on and relating to Website (collectively, “Legal Notices”) from time to time and will notify Users of significant changes by posting the revised Legal Notices on Website. Users are responsible for reviewing Legal Notices regularly and understanding their current terms. Use of Website indicates User’s full and complete agreement to each and every one of the Legal Notices as if User had signed a written document containing the Legal Notices.

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.

11. Right to Terminate Service: Company and Website reserve the right to (a) suspend or terminate all or any part of the Account, use privileges, and/or Website access of any User, and (b) suspend, delete, block or eliminate any Website Content, including without limitation Apps, advertisements, reviews and articles, at any time and for any reason, including without limitation a determination by Company or Website that a User has engaged in conduct which violates the letter or spirit of the Terms of Use, Legal Notices, or any other Website policy, rule, procedure or practice. Suspension, termination, deletion, blocking and similar actions may be temporary or permanent at the exclusive discretion of Company and Website. User understands and agrees that suspension and termination rights referenced in these Terms of Use may be exercised at any time with or without cause or prior notice and may include full deactivation or deletion of Accounts, Material, and Website Content, including without limitation files created, provided, uploaded, linked, posted or Submitted by User. Company and Website have no responsibility to provide User with copies of any suspended, deleted, blocked, terminated or eliminated Material or Website Content.

12. Privacy Policy: The Terms of Use include and incorporate the terms of the www.Apps-School.com Privacy Policy (“Privacy Policy”) which is incorporated by this reference as if fully set forth herein. Company and Website respect the privacy of Users. Company and Website will not disclose, edit or monitor the name or contact information of any User except as reasonably required (a) by law or to comply with legal process served on Company or Website, (b) to comply with the Terms of Use, Privacy Policy, and other Legal Notices and Website policies, rules, procedures and practices, (c) to develop, improve, operate, maintain and debug Website, or (d) to protect and defend the rights, property and personal safety of Company, Website, Users or members of the public.

13. Accounts, Passwords and Security: Company and Website reserve the exclusive, discretionary right to permit and/or forbid Users to make Accounts with or on Website. Users who register for an Account with Website will receive a password and other Account information, some of which may be selected or provided by User. User is completely responsible for all activities occurring under and through or arising out of Accounts registered to, for or by User, with no exceptions. User agrees to immediately notify Website of any unauthorized use of User’s Account or any other known breach of the Terms of Use. User is completely responsible for maintaining the confidentiality and security of passwords and Account information. User may change the password assigned to User’s Account pursuant to instructions posted on Website. User may close existing Accounts and set up new Accounts at will, provided that a User may not close an existing Account or open a new Account (a) for any reason or purpose which would violate or circumvent the Terms of Use, other Legal Notices, or any posted policy, rule, procedure or practice of Website or Company, (b) to commit any illegal act or misrepresent the identity of User or any third party or (c) to re-establish an Account or access to Website by or on behalf of any individual or company whose use privileges have been suspended or terminated by Company or Website for any reason.

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.

15. Profanity Filter: Profanity, obscenity, and “adults only” content are not permitted on Website. Company and Website may, but need not, employ an automatic, electronic “profanity filter” and other similar filtering programs in order to enforce provisions in the Terms of Use and other Legal Notices prohibiting the use of profane and obscene language and adult content. User understands that use of such filters may result in deletion or elimination of profane and obscene language, failure to delete or eliminate all profane or obscene language and the unintentional deletion or elimination of language and Website Content which is neither profane or obscene, and agrees to hold Company and Website harmless from and against all responsibility and liability resulting from or arising out of the proper or improper functioning of the profanity filter and other content filters.

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.

17. User Responsibility for Use and Content: Company and Website do not control all Website Content. Each User is completely responsible for all information, data, text, messages, original or derivative ideas, works of authorship, joint works, titles, captions, music, sound, graphics, artistic works, photographic works, video, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, “Material”) and other Website Content created, provided, uploaded, Submitted, linked or posted by User. Company and Website neither endorse nor accept any responsibility for the acts, omissions, Material and other Website Content created, provided, uploaded, Submitted, linked or posted by User or any third party, whether or not permitted or covered by the Terms of Use or other Legal Notices.

18. User Conduct: User’s use of Website is subject to the Terms of Use, Legal Notices, posted policies, rules, procedures and practices of Website and applicable law. User is completely responsible for all Material and Website Content created, provided, uploaded, linked, Submitted or posted by User or by any person using an Account registered to, by or on behalf of User. User hereby agrees (a) to comply with the laws of the United States, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media, (b) to comply with all posted Legal Notices, policies, rules, procedures and practices of Company and Website, including without limitation each and every provision of these Terms of Use, (c) not to disrupt, interfere with or access without permission (“hack”) Website or any website, network, server, system or computer connected to Website, (d) not to use Website or the name of Website or Company for or in connection with chain letters, junk mail or spamming and not to contact any other User without his or her prior written consent, (e) not to create, provide, upload, link, Submit, post or transmit any unlawful, harassing, defamatory, libelous, abusive, offensive, inappropriate, sexually explicit, threatening or harmful Material or information, including without limitation offensive, profane, obscene, racist or sexually explicit content and language which substitutes asterisks or other alternative characters for part or all of a term which would otherwise violate the Terms of Use or other Legal Notices, on, to or through Website, (f) not to create, provide, upload, Submit, link, post or transmit any Material or information on, to or through Website which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law, (g) not to knowingly create, re-create, provide, upload, link, post, re-post or comment on deleted or banned Material, warning letters, sanctions or private communications from Company, Website or their legal counsel, and (h) not to intentionally interfere with the operation of Website or the use and enjoyment of Website by other Users or third parties. Company and Website reserve the right to immediately delete any Website Content or Material and to terminate the access, use privileges and account of any User whose conduct fails to conform to the Terms of Use and/or other Legal Notices.

19. Representations and Warranties of User: User hereby represents and warrants to Company and Website that:
(a) User is agreeing to the Terms of Use, creating a User Account, accessing and/or using Website voluntarily and no person or entity, including without limitation Company or Website, has made any promises, threats or representations of any kind in order to encourage, induce or force User to agree to these Terms of Use, create a User Account, access or use Website;
(b) User is (i) over the age of eighteen (18) and has the capacity and authority to agree to the Terms of Use, or (ii) the parent or guardian of a minor child, who has the capacity and authority to agree to the Terms of Use, has agreed to accept full and sole responsibility for his or her minor child’s use of Website and to ensure that his or her minor child uses Website in accordance with the Terms of Use;
(c) Compliance with the Terms of Use will not, now or in the future, violate the terms of any other contract or agreement to which or by which User is bound or legally obligated;
(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.

20.Indemnity: User agrees to indemnify Company and Website against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of User’s use of Website and breach of these Terms of Use or any other Legal Notices by User or any third party using an Account registered to, by or on behalf of User.

21.Retention of Intellectual Property Rights: User will retain the intellectual property rights to Material created by User and Submitted, uploaded and/or displayed on Website except as otherwise provided in the Terms of Use, Submission Agreements, Legal Notices or applicable law. User may not make any claim to ownership of Website Content, Material, property or rights belonging to Company, Website or any third party, whether or not wrongfully used, appropriated or infringed by User.

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.

23. Proprietary Content: User understands and agrees that Material and Website Content not specifically created, uploaded or posted by User belongs to Company, Website or other third parties and is protected by patent, copyright, trademark, trade dress, service mark, intellectual property law or other applicable law and that User is only permitted to use Material and Website Content not belonging to User pursuant to the provisions of the Terms of Use or as specifically authorized in writing by the owner of the Material or Website Content. User may not reproduce, copy, publish, distribute or create derivative works based upon Material or Website Content owned by Company, Website or third parties without the prior written consent of the legal owner of the Material or Website Content. Company and Website will not (a) act as an intermediary for User to obtain permission to use Material or Website Content, (b) mediate or resolve disputes between Users and third party owners of Material or Website Content or (c) accept responsibility or liability for wrongful use of Material or Website Content by any User.

24. Grant of License: User hereby grants Company and Website permanent, non-exclusive rights to publish and distribute Material and Website Content created, provided, uploaded, linked, Submitted and posted by User, pursuant to and consistent with the Terms of Use and other Legal Notices. This grant of rights includes the rights to (a) publish, post, archive and distribute Material and Website Content on Website and any affiliated or successor websites owned and operated by Company, (b) electronically publish and distribute Material through the Internet, Website, affiliated websites, an RSS feed or similar service and by e-mail, (c) share Material with other websites selected by Company and Website which share mutual objectives (“Partner Websites”), (d) permit and license Partner Websites to publish and distribute Material in electronic format on the same terms as Company and Website, provided that Partner Websites must always identify the origin of all Website Content and link back to Website and (e) use reasonable portions of Website Content in connection with advertising and promotional activities.

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.

26. DMCA Compliance: The Terms of Use include and incorporate the www.Apps-School.com DMCA Notice (“DMCA Notice”) which is incorporated by this reference as if fully set forth herein. Company and 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”).

27. User Right to Terminate Account: User may terminate Accounts registered to, by or on behalf of User at any time. If User objects to any of the Terms of Use or any other Legal Notices, policies, rules, procedures and practices established, amended or posted by Company or Website the only remedy or recourse available to User is to immediately cancel all Accounts registered to, by or on behalf of User and discontinue use of Website. Account privileges terminate immediately upon cancellation or termination of an Account. User has no right, and Website and Company have no obligation, to delete or to continue to post Material or Website Content provided by any User, to forward any unread or unsent messages to any User or to provide User with information, access or service of any kind during suspension or following termination of an Account registered by, for, or on behalf of any User, regardless of the reason for suspension or termination.

28. Company and Website Rights to Delete or Terminate: Company and Website reserve the absolute, discretionary right to terminate, delete, modify or restrict access to any and all Website Content and Accounts at any time with or without cause or prior notice. User agrees to the terms of this paragraph without reservation, and further agrees that the right of Company and Website to terminate, delete, modify and restrict access to Website Content and to terminate Website and related services at any time, with or without cause or prior notice is a vital, non-negotiable part of these Terms of Use.

29. DISCLAIMER OF WARRANTIES: USER AGREES TO USE WEBSITE AT USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO WEBSITE, RELATED WEBSITES AND SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY AND WEBSITE SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKE NO WARRANTY OR REPRESENTATION THAT WEBSITE, APPS, INFORMATION, AND/OR RELATED WEBSITES AND SERVICES (A) WILL MEET THE NEEDS OR REQUIREMENTS OF ANY USER OR BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR VIRUS AND/OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. COMPANY AND WEBSITE MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH WEBSITE OR RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. COMPANY AND WEBSITE ACCEPT NO LIABILITY OR RESPONSIBILITY FOR VIRUSES AND OTHER COMPUTER ERRORS OR DAMAGE RESULTING FROM THE USE OR DOWNLOADING OF ANY APPS OR OTHER WEBSITE CONTENT. THIS DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF COMPANY WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM COMPANY OR WEBSITE. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

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.

31. No Other Agreements: The Terms of Use represent the only, final, complete and exclusive understanding between User, Company and Website and supersede any prior or contemporaneous oral or written agreements between User, Company and Website. User has no relationship, agreement or rights relating to Company and Website except as expressly stated in the Terms of Use or other Legal Notices. The Terms of Use and other Legal Notices may be modified or amended only by a written instrument approved in writing or executed by an authorized representative of Company which specifically states that it modifies the Terms of Use or relevant Legal Notice.

32. General Terms: User, Company and Website understand and agree that the Terms of Use were written in and will be construed and enforced in accordance with the laws of the State of Oregon and that User’s acceptance of the Terms of Use is taking place within the State of Oregon. Nothing contained in the Terms of Use will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Use and applicable law the law will prevail, the relevant provisions of the Terms of Use will be deleted, modified or limited to the limited extent necessary to comply with law and all other provisions of the Terms of Use will remain in full force and effect. Notices must be made in writing. Company and Website may provide valid, effective notice to User by posting or broadcasting notices on Website or related websites owned and operated by Company. Notices posted on Website are deemed given when posted. Failure to enforce any provision of the Terms of Use does not and will not constitute a waiver of the right to enforce the same or any other provision against the same or any other User in any subsequent situation. Any provisions which are reasonably required in order to fully enforce the Terms of Use will survive termination of a User’s Account or access to Website.

33. Acceptance by User: User understands and agrees that use of Website indicates full and complete agreement to each and every one of the Terms of Use as if User had signed a written document containing the same.

PRIVACY POLICY

The Apps-School Website located at http://www.apps-school.com (“Website”) is owned and operated by American Virtue (“Company”). Company and Website are strongly committed to protecting the personal privacy of all Users. For purposes of this Website Privacy Policy (“Privacy Policy”) any person accessing or using Website is a “User” whether or not the User has created a personal account or posted information on Website.

1. Use of Information: With the exception of Users submitting articles and/or Apps (as defined in the Website Terms of Use) for consideration by Company and Website (“Submitting Users”), Company and Website will not transfer, sell, trade, rent, barter or otherwise disclose personal identifying information provided by a User (“Personal Information”) except pursuant to the WebsiteTerms of Use (“Terms of Use”), Website Submission Agreement (“Submission Agreement”), this Privacy Policy or written permission from the relevant User. Submitting Users hereby grant Company and Website the continuing right to publicly publish, use and post all information submitted to Company and Website by the Submitting User for purposes of or relating to the Submitting User’s article and/or App, including without limitation personally identifying information, regardless of the manner in which the Submitting User provided the information to Company and/or Website. Submitting Users further acknowledge and agree that the purpose of Website is to provide Users and third parties with information and resources, including without limitation Apps and information about Apps, and that a Submitting User’s submission of articles, Apps and/or related information constitutes full acceptance of and agreement to all of the terms of the Submission Agreement, Terms of Use and this Privacy Policy, whether or not the Submitting User’s article and/or App is accepted by Company or Website.

2. Purpose and Applicability: This Privacy Policy is incorporated into and subject to the provisions of the Terms of Use. Company and Website have implemented this Privacy Policy to explain (a) information gathered from and about Users by Company and Website and potential uses of that information, (b) User options with regard to disclosure and use of Personal Information and (c) the ability of User to correct, withdraw or delete Personal Information about or belonging to User. This Privacy Policy applies only to Website. Other websites owned by Company and websites owned or operated by third parties may contain different privacy policies. This Privacy Policy does not apply to any person, entity, organization, or website to or from which Website links or is linked. Users are strongly encouraged to read and regularly review posted privacy policies on all websites, whether or not owned by Company or affiliated with Website.

3. No Unsupervised Minors: Company and Website are concerned about safe, supervised use of the Internet by Minors. For purposes of this Privacy Policy and the Terms of Use “Minor” means any natural person under the age of eighteen (18) years. Company and Website do not knowingly collect information from Minors, permit Minors to register for accounts with or make submissions to Website, or permit Minors to access Website without adult supervision and the consent of a parent or legal guardian. Use of Website constitutes a warranty that the User (a) is not a Minor or (b) is a Minor using Website with the full knowledge, supervision and consent of his or her parent or legal guardian. Company and Website strongly encourage parents and legal guardians to review the Terms of Use and other posted Website policies, rules procedures and practices carefully and to monitor use of the Internet, including Website, by their Minor children. Company and Website reserve the right to block or terminate the access of any User suspected or determined to be a Minor using Website without the supervision and consent of his or her parent or legal guardian.

4. Cookies and Collection of User Information: Users may browse and read general Website content without revealing Personal Information other than default information customarily logged by Website and its host server. Company, Website and the host server may automatically collect information from all Users who access Website, including without limitation (a) date and time of access, (b) the originating IP address from which User accessed Website, (c) the Internet address of third-party websites from which User accessed or linked to Website, and (d) pages and portions of Website the User views or accesses. Company and Website collect this information through the use of Cookies. “Cookies” means text files with electronic identifiers which store and retrieve information from and about Users, permitting Website to recognize returning Users, track use of Website and maintain customized Internet webpages and preferences. Session Cookies expire when a User exits the Internet browser. Persistent Cookies remain on a User’s computer for a given time or until deleted. Company and Website may use both session Cookies and persistent Cookies. Company and Website do not combine information collected from or through the use of Cookies with other Personal Information to determine the identity or email address of Users without the individual User’s express consent, provided that Submitting Users are providing that consent at the time of submission. Company and Website collect and periodically review information collected using Cookies in order to provide access to Website and related services, to review and evaluate the popularity and functionality of Website and related services, to establish priorities and allocate resources associated with Website and related services and for other internal informational purposes. Company and Website may also use Cookies, web beacons or other programs to determine, on an anonymous basis, which portions of Website are most frequently accessed by Users. Users who wish to Submit Apps and/or articles, receive updates, or actively use other services available through Website may be required to provide contact, identity and other Personal Information as part of the account creation, login and posting processes. Users always have the option to choose not to use services or features which require individuals to provide specific Personal Information.

5. Collection of Personal Information at Registration or Submission: Company and Website may, but have no obligation to, permit individual Users to register for and use personal accounts and/or submit various types of information to Website pursuant to the Terms of Use, the Submission Agreement, and other policies, rules, procedures and practices established, posted and modified by Company and Website from time to time. As part of the submission and/or account creation process Company and Website may ask for specific Personal Information about User, including without limitation the User’s name, age, address, e-mail address, login name and password. Company and Website require this information in order to create and maintain a personal account for or on behalf of User and to provide User with access to certain services offered by or areas of Website. Company and Website may use Cookies and other available technology to remember User preferences and customized settings, facilitate User access to Website and verify User access to personal accounts.

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.

7. Nondisclosure of Private Information: Company and Website will not sell or disclose the Personal Information of any User except as reasonably required (a) to provide the services offered by Website, (b) by law or to comply with legal process served on Company or Website, (c) to comply with the Terms of Use, Submission Agreement, Disclaimers, Privacy Policy and other Website policies, rules, procedures and practices, as in effect from time to time, (d) to develop, improve, operate, maintain and debug Website or (e) to protect and defend the rights, property and personal safety of Company, Website, Users or members of the public.

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.

9. Links to Other Websites: Website may contain links to other Internet websites (“External Links”). External Links may be provided by Submitting Users, advertisers, Users or other third-party content providers not related to or affiliated with Company or Website. Company and Website have no control over third-parties or their websites, whether or not those websites link to or from Website. This Privacy Policy, along with the Terms of Use, Submission Agreement, Disclaimers and other Website policies, rules, procedures and practices apply only to Website and do not apply to any External Links or linked sites. Users are advised and strongly encouraged to carefully review and understand the individual privacy policies of other websites. Company and Website accept no responsibility or liability for the privacy policies or actions of third parties or for information provided to third parties, whether or not linked to or accessed through Website.

10. Privacy Rights: Personal Information and other information posted or linked to or otherwise incorporated in Website may be owned by third parties and subject to a variety of legal rights, including without limitation privacy and publicity rights. Use of information appearing on Website is subject to the Terms of Use and applicable law. Use of information appearing on Website without the permission of the owner may result in liability for a variety of claims, including without limitation claims for violation of privacy rights. No person may use or commercially exploit the rights of the subject of an interview, document, article, photograph or other form of communication, whether or not containing visual representations, without the consent of the subject, except as permitted by the Terms of Use or applicable law. Users are hereby placed on notice that content posted, linked, uploaded to or transmitted from the Internet, including without limitation Website, may be accessed and used by third parties in forms and manners not permitted or not anticipated by Company and Website. Users hereby agree to hold Company and Website harmless from and against the fact and results of such use, whether or not intended or permitted by Website or the Terms of Use.

11.Changes to Privacy Policy: Company and Website reserve the right to change the Privacy Policy from time to time, with or without cause or prior notice. Company and Website will post all changes to the Privacy Policy on Website. Changes to the Privacy Policy are effective immediately upon posting. Users are responsible for reviewing the Privacy Policy regularly. Use of Website indicates User’s full and complete agreement to the terms of the Privacy Policy as if User had signed a written contract containing the Privacy Policy. Use of information gathered by or in the possession of Company and Website is subject to the Privacy Policy as in effect at the time of use.

DMCA Compliance Notice

The Apps-School.com Terms of Use (“Terms of Use”) include and incorporate this DMCA Compliance Notice (“DMCA Notice”).

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:

By mail:
Apps-School, a division of American Virtue
4227 South Meridian, Suite C, #442
Puyallup, WA 98373

By email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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.

General Disclaimer

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.