As of June 11, 2009The Service And The Purpose Of These Terms
This agreement pertains to your access to the DeveloperAnalytics.com (Websites and services are collectively the "Service"). These Terms include the policy for acceptable use of the Service and content posted on the Service and set forth your rights, obligations and restrictions regarding use of the Service. You may receive a copy of this Agreement by emailing us at: , Subject: Terms of Service Agreement.
We have attempted to lay out in this document all terms and conditions for the safe and fruitful interaction of the members of our varied community. If a matter or dispute arises that is not covered by these terms, it will be resolved at Company's sole discretion, but in conversation with the affected parties and within the governing law. If a member disagrees with the resolution, their recourse will be to delete their account.Your Agreement
A. The Service, is provided by DeveloperAnalytics.com ("Company"). You may use the Service as a "Visitor" (meaning that you browse a webpage with the Service) or a "Member" (meaning you register for the Service and have created an account). The word "User" in these Terms refers to both Visitors and Members. These Terms and Conditions ("Terms" or "Agreement") are a legal agreement between you and DeveloperAnalytics.com.
B. By using the Service as a Visitor or Member, you: (a) agree to be bound by the Terms and (b) represent and warrant that you are authorized to bind yourself into the Terms. If you do not agree with them, you should leave DeveloperAnalytics.com and should not register for the Service.1. General
1.1 In consideration for your use of the Service, you represent and warrant:
1.2. Authority To Enter This Agreement. You have all necessary right, power and authority to enter into and perform as required under this Agreement. You are not barred from receiving the Service under the laws of the United States or other applicable jurisdiction.
1.3. Age. You are 13 years old or older. Under United States law, you must be at least 13 years of age to use this Service. (Children's Online Privacy Protection Act of 1998 at http://www.ftc.gov/ogc/coppa1.htm).
1.4. Accuracy. All information provided by you to Company is true, accurate, valid, current and complete. Your e-mail address is regularly checked. If you do not provide such information, or Company reasonably suspects that you have not, Company has the right to suspend or terminate your account and refuse any and all use or access to the Service.
1.5. Property Rights. K-Factor owns and retains all rights to data and content produced on its Websites and provided by the Service.
DeveloperAnalytics.com encourages contributions to the Website. Reviews, comments, postings, advice and recommendations (collectively "User Generated Content") are information provided by you or other users of the Service through the features available on this Site. You are solely responsible for any User Generated Content produced or provided by you. All User Generated Content provided by you should be truthful and accurate and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, or that invades another person's privacy, infringes the intellectual property rights of another or violates any law or regulation.
Unless you are registered as a developer in part of the Developer Analytics Network, you also hereby agree not to provide User Generated Content that is solely commercial in nature on this Site.
DeveloperAnalytics.com is not responsible for and does not endorse statements, comments and other postings contained in User Generated Content. Any reliance by you on such information shall be at your sole risk.
By providing User Generated Content to DeveloperAnalytics.com you grant DeveloperAnalytics.com a perpetual, non-exclusive license to use such content in association with the provision of its Services and the Website. Any information provided by you to DeveloperAnalytics.com whether by the Website, through User Generated Content or through a communication with DeveloperAnalytics.com, via letter, email, telephone, fax or any other means shall be considered non-confidential and you hereby you grant DeveloperAnalytics.com a perpetual, non-exclusive license to use such content in association with the provision of its Services and the Website. If you wish to use information provided on the Website, it must be for non-commercial purposes, unless you are promoting or otherwise describing your own site. Full attribution to DeveloperAnalytics.com (Developer Analytics) must be provided.
DeveloperAnalytics.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the DeveloperAnalytics.com Content (excluding any software code) solely for your personal use and using the Services. No material may be copied or reproduced unless done in accordance with the Use and Attribution terms below. You are specifically prohibited from making any attempt to reverse engineer, modify or decrypt the information or the Website. ANY OTHER USE OR DISPLAY OF THE SERVICES OR INFORMATION IS STRICTLY PROHIBITED.
1.6. Use and Attrition.
If you are the owner/operator of a site listed by the Services and wish to use the DeveloperAnalytics.com information to promote or
otherwise describe your site,
DeveloperAnalytics.com hereby grants you a non-exclusive, non-transferable limited license to use the
information relating solely to your site in any way
you wish so long as the following attribution prominently and clearly accompanies
the information: "Source: Developer Analytics. www.developeranalytics.com"
You hereby agree that other than according to the specific methods outlined herein, you will make no attempt, either through manual or automated means to download or aggregate any more information from the Website than would be reasonable for your own personal use of the Services. Further, you agree not to redistribute the DeveloperAnalytics.com information to a third party for use by the third party to aggregate, display or otherwise use the DeveloperAnalytics.com information for any purpose without the prior written consent of DeveloperAnalytics.com. DeveloperAnalytics.com reserves the right to restrict access to the Website to any User for any reason at its sole discretion. Other than according to these terms, you will not republish the information available on the Website or via the Services. If data is to be used elsewhere, it can only be for non-commerical use. We require that this data only be used, provided that the Company is given credit for this data. Any content created using the Service shall be owned by Company.
FULL DISCLOSURE:DeveloperAnalytics consults in the development of and directly develops applications on these social networks. DeveloperAnalytics also reserves the full right to use all data on the site for these purposes.
1.7. Premium Account Fees. Initial membership fees are for first-time account upgrades. It is a one-time fee covering the first 30 days, providing unlimited data access to historical and current social media reports. 30-day renewal fees thereafter will then apply. After the first month, if the premium account is not renewed, the account will automatically be downgraded to a regular account, which can be upgraded again at any time (membership fee will re-apply then). Prices are subject to change from month-to-month. All paid account fees are non-refundable.
If you misclassify yourself as Developer/Company/Advertiser/Investor, we reserve the right to request for you to pay the difference in pricing fees or terminate your account at the next renewal date. Given the situation, DeveloperAnalytics.com always has the right to cancel your subscription or account at any time.
Premium subscribers have access to only the data we have available during the time of subscription. There is no guarantee of 100% coverage, and that applications that lack the growth/monetization/engagement tabs do not have Premium Subscriber data available.2. Additional Terms And Modification Of Terms
2.1. Additional Terms. To use the Service, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into these Terms.
2.2. Third Party Terms. The Service may integrate with other services provided by third parties. If you access or use the Service through a third party website or other interface, or use a software or other product in connection with the Service, you may be subject to additional terms and conditions.
2.3. Modification of Terms. Company may modify these Terms from time to time. You agree that such modification shall be effective upon posting on the Websites and you will be bound to any changes when you use the Service after such modification is posted. It is therefore important that you review these Terms on the Websites regularly to ensure you are updated regarding any changes. If the modification constitutes a material change, we may notify you via Company's internal messaging service or via internet mail to the address provided in your Account Profile. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Notice will be considered to have been delivered once sent or posted. Any use of the Service after alteration of the Terms will constitute acceptance by you of such changes. Your sole remedy should you not agree with the altered Terms shall be close your account and to cease use of the Service.3. Your Conduct And Activities During Use Of The Service
3.1. Password, Account And Security. You agree to keep your password secure and confidential and not to disclose it to anyone and will not permit any third party to access your account. You agree to notify Company immediately of any actual or suspected unauthorized use of your password or account or other breach of security.
3.2. Unauthorized Conduct. You agree that you will not engage in any illegal or prohibited conduct, on or through the Service or its Websites, including but not limited to the following:
3.2.1. Illegal Activity. You agree not to: (i) engage in any criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, violation of export control laws or any other use of the Service in a manner inconsistent with any and all applicable local, state, national and international laws and regulations or (ii) use the Service for any illegal or unauthorized purpose. International Users must comply with all local laws regarding online conduct and acceptable content.
3.2.2. Advertising Or Solicitation. You agree not to: (i) create, upload, post, e-mail, transmit, submit or otherwise make available unsolicited commercial messages to any Users except in areas designated for such purpose; (ii) engage in advertising to, or solicitation of, any User to buy or sell any products or services; (iii) collect usernames and/or email addresses for the purpose of sending unsolicited email; (iv) use any information obtained from the Service or its Websites in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Company reserves the right to restrict the number of messages which a User may send to other Users in any 24-hour period to a number which Company deems appropriate in its sole discretion. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed by Company without notice and may result in termination of your account;
3.2.3. Obscuring Advertisements. You agree not to cover or obscure the any advertisements on any of the Services web pages via HTML/CSS or any other means;
3.2.4. Scripting, Hacking Or Interfering. You agree not to: (i) make any automated use of the system, (such as through scripts, data mining, robots, screen-scraping, or similar data gathering and extraction tools); (ii) make available any material that contains software viruses, worms, any other code, files or programs of a destructive nature (or designed to interrupt, destroy or limit the functionality of the Service or user software or hardware); (iii) interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; or (iv) act in a manner that negatively affects the ability of other Users to use the Service or engage in real-time dialogue via the Service's messaging services;
3.2.5. Impersonation And Use Of Another's Account. You agree not to (i) attempt to or actually impersonate another User or person; (ii) use any information obtained from the Service in order to impersonate another User or person or (iii) use the account, username, or password of another User at any time;
3.2.6. Harassment. You agree not to abuse, harass, threaten, intimidate or harm Users or another persons or use any information obtained from the Service in order to do so;
3.2.7. False Association And Attribution. You agree not to (i) engage in any conduct or statement which states or implies any false association between Company or its Service and yourself or another entity, (ii) forge or manipulate headers or identifiers in order to disguise the origin of any content transmitted through the Service; or (iii) misattribute or otherwise claim as your own the copyrighted works of another party.
3.3 Unauthorized Content. The following prohibitions are applicable to all information that you provide through the service the Service (including, but not limited to, data, images, graphics, photos, text, information, screen names, profiles, playlists, messages, software, XML, RSS, HTML and links) ("Content"). You agree that you will not post or transmit any prohibited Content, including but not limited to the following:
3.3.1. Inappropriate Material. You agree not post on the Service, or transmit to other Users any Content or material which: (i) is illegal, inaccurate, false, misleading, defamatory, abusive, obscene, profane, vulgar, tortious, libelous, patently offensive; (ii) promotes illegal activities or furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (iii) is sexually oriented or sexually explicit, or which contains nudity or obscene or lewd subject matter, exploits people in a sexual manner, contains a link to an adult website, or uses sexually suggestive imagery; (iv) solicits personal information from anyone under 18; (v) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses of any other person; (vii) includes a photograph of another person that you have posted without that person's consent; (viii) is excessively violent or exploits people in a violent manner; (ix) is threatening, harassing or abusive, or which advocates threats against, harassment of or abuse of another person; (x) is hateful, harmful or racially offensive, or which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (xi) infringes or violates another party's rights (including, but not limited to, copyrights, licenses, other intellectual property rights, contractual or fiduciary rights and obligations, and rights of privacy and publicity); (xii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (xiii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; (xiv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xv) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (xvi) contains unfair, misleading or deceptive Content intended to draw traffic to the profile or other page; or (xvii) otherwise offensive or objectionable.
3.3.3. Content Of Other Users. The Service contains Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service or its Websites.
3.4. Maintenance. You agree to (a) maintain and promptly update your account information to keep it true, accurate, current and complete; (b) maintain an accurate, up to date, valid, and regularly checked email address for the purposes of receiving notification of changes to these Terms, and (c) ensure that messages from Company are not being filtered, altered, or blocked by your email software or service.
3.5. You Are Responsible For Your Conduct And Your Content. With respect to the Service, you are fully and solely responsible for (a) any activity that occurs under your email address, password or account, including any violation of this Agreement, (b) your own conduct and your interactions with other Users, and (c) any Content, material or information that you upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available, or which you transmit to other Users.
3.6. Company's Rights Regarding Conduct And Content. Company reserves the right to investigate and take appropriate action against anyone who, in Company's sole discretion, (a) violates the foregoing provisions regarding prohibited conduct and Content, (b) violates or is alleged to violate any applicable law or the letter or spirit of this Agreement, (c) engages in conduct which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company's action may include, without limitation, reporting you to law enforcement authorities, terminating your account, removing, refusing or moving offending Content from the Service or Websites. If a dispute or claim arises from Content, Company reserves the right to remove the Content until a bona fide resolution has been reached. Company is in no position to resolve such claims or disputes, and we will not referee your disputes. There are no assurances whatsoever that any Content you submit shall actually be utilized on the Company site or, if so utilized, continue to be available for any particular time.
3.7. Disclaimer Regarding Conduct And Content. Despite the above-stated prohibitions on inappropriate conduct and Content, information provided by Users and conduct of Users may violate some or all of the foregoing prohibitions. Company does not endorse and has no control over the conduct or Content of its Users. User conduct and Content is not necessarily reviewed by Company and does not necessarily reflect the opinions or policies of Company. Company assumes no responsibility or liability for this conduct or Content and makes no warranties, express or implied, as to User conduct or Content, including its accuracy or reliability, or of any material or information that you or other Users transmit by or through the Service. Company assumes no responsibility for monitoring the Service or Websites for inappropriate conduct or Content. If at any time Company chooses, in its sole discretion, to monitor the Service or Websites, Company nonetheless assumes no responsibility to modify or remove any inappropriate Content, and no responsibility for the conduct any User.
3.8. Reporting. If you become aware of misuse of the Service or its Websites by any person, including any inappropriate conduct or Content, please contact Company at .4. Proprietary Rights In Content That Is Provided Through Service
Because the Company streams Content from existing video sites, the Company assumes NO RESPONSIBILITY and NO SECONDARY LIABILITY in the any rights violation (privacy, publicity, copyright, trademark, contract, etc.) of that Content.5. Proprietary Rights In Company's And Third-Party Content And Technology
5.1. Company's Ownership Of Proprietary Rights. The Service contains Content and technology of Company that is protected by copyright, trademark, patent, trade secret and other laws.
5.2. Content. All analytics and statistics on these Websites will be owned by the Company. If data is to be used elsewhere, it can only be for non-commerical use. We require that this data only be used, provided that the Company is given credit for this data. Any content created using the Service shall be owned by Company.
5.3. Service. You acknowledge that the Service may contain copyrighted material, trademarks, and other proprietary information from third-party sites. You also acknowledge that you must be responsible in respecting these rights and reporting any violations directly to those third-party sites.
5.4. Websites. The compilation of content comprising the Service and its Websites are the exclusive property of Company and protected by U.S. and international copyright laws.
5.5.. Software. All software used on this site is the property of Company or its software licensors and is protected by United States and international copyright laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on any of the software constituting or provided through the Service. You agree not to circumvent any technology used by Company or its licensors to protect content accessible via the Service.
5.6. Limited License Of Company Content To User. Subject to the terms and conditions hereof, Company hereby grants you a limited, revocable, nonsublicensable license to display the Company Content (excluding any software code) solely for your personal use in connection with viewing the Service's Websites. No other rights are granted to User in Company Content other than those rights granted explicitly herein. You agree to comply with any distribution controls and terms applicable to content made available through the Service.
6. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
8.1. General. Company reserves the right, but has no obligation, to take any of the following actions in its sole discretion at any time and for any reason, and you agree that we will not be liable to you or any third party for taking any of these actions.
8.2. Company's Right To Control Service. Company reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Service or its Websites at any time, for any or no reason, with or without prior notice, and without liability.
8.3. Fees. You acknowledge that Company reserves the right to charge for the Service and its Websites and to change its fees from time to time in its discretion. If Company terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
8.4. Monitoring. Company may monitor the Content available on the Service.
8.5. Availability. Company may change, suspend, or discontinue all or any part of the Service at any time, with or without reason. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Company shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Service. Company has no obligation to continue producing or releasing new versions of the Service or any associated software and/or Content.
8.6. Account Access. Company may restrict, suspend, or terminate your access to all or any part of the Service, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that Company may access, preserve, disclose or delete your account information and Content if required to do so by law or in a good faith belief that such act is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its users and the public. After a period of inactivity, Company reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the name associated with that account may be given to another Registered User without notice to you or such other party.
9. Disputes Between Users. You are solely responsible for your interactions with other Users of the Service or its Websites. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.10. Term And Termination
10.1 Term.This Agreement shall become effective upon your acceptance of the Terms by your use of the Service and shall remain in effect in perpetuity unless terminated hereunder.
10.2. Termination. Either you or Company may terminate your account at any time, for any reason or no reason, without explanation. You agree that Company may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Company shall not be liable to you or any third-party for any termination of your account, made in Company's sole discretion.
11. Disclaimers, Warranties And Limitations On Liability
11.1. Disclaimers. Company is not responsible for any incorrect or inaccurate Content posted on or through the Service or its Websites, whether caused by Users or by any of the equipment or programming associated with or utilized in the Service or its Websites. Profiles created and posted by Users may contain links to other websites. Company is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Company. Inclusion of any linked website on or through the Service or its Websites does not imply approval or endorsement of the linked website by Company. When you access these third-party sites, you do so at your own risk. Company takes no responsibility for third party advertisements which are posted on or through the Service or its Websites, nor does it take any responsibility for the goods or services provided by its advertisers. Company is not responsible for the conduct, whether online or offline, of any User of the Service or its Websites. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Company Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service or its Websites. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or its Websites, attendance at a Company event, from any Content posted on or through the Service or its Websites, or from the conduct of any Users of the Service or its Websites, whether online or offline.11.2. Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DeveloperAnalytics.com PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DeveloperAnalytics.com MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR INFORMATION COLLECTED FOR OR PROVIDED TO USERS UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DeveloperAnalytics.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING OR RELATING TO THE SERVICE OR ANY SERVICES PROVIDED TO THE REGISTERED USER UNDER THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DeveloperAnalytics.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN THE EVENT OF DeveloperAnalytics.com'S BREACH OF WARRANTY, THE SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE AMOUNTS PAID FOR THE SERVICE BY THE REGISTERED USER.
11.3. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DeveloperAnalytics.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DeveloperAnalytics.com KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL DeveloperAnalytics.com'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT.11.4. Exclusions
CERTAIN JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS IN SECTION 12.2 and 12.3 MAY NOT APPLY TO YOU.
11.5. U.S. Export Controls. Software available in connection with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
11.6. Advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
11.7. Alpha or Beta Releases Of All Or Portions Of The Service. The Service or portions of the Service may be labeled 'Alpha' or 'Beta.' All disclaimers and limitations of liability set forth herein apply to any Service or portion of the Service labeled 'Alpha' or 'Beta.' Further, you specifically agree that you understand that any Service or portion of the Service labeled 'Alpha' or 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that Company is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any Service or portion of the Service labeled 'Alpha' or 'Beta.'
12. Indemnity. You agree to indemnify and hold harmless Company, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your connection to or Use of the Service, including any breach by you of the terms of this Agreement and any claims arising from the Content you make available through the Service or its Websites, or your use of the Service or its Websites.13. General Provisions
13.1. Rights Reserved. Company and user retain all rights and licenses not explicitly granted hereunder.
13.2. Binding agreement. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
13.3. Choice of law and forum. These Terms, the relationship between you and Company, and any dispute involving the Service, the Websites or these Terms, shall be governed by (and construed and interpreted in accordance with) the laws of California, without regard to its conflict of law provisions or your actual state or country of residence. You hereby irrevocably submit to the personal and exclusive jurisdiction and venue of the federal and state courts serving the City and County of San Francisco, other than for actions to enforce any order or judgment entered by such courts, in the event of any dispute arising out of or relating to this Agreement.
13.4. Severability and Waiver. If any provision of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. The failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing.
13.5. Survival. Unless otherwise explicitly stated, these Terms will survive the expiration or deletion your account for any reason. Company may assign any or all of its rights hereunder in the event of a merger or acquisition of all or substantially all of the assets to which this Agreement relates.
13.6. No Partnership. The parties bear the relationship to each other of independent contractors, and nothing in this Agreement shall be deemed to create a partnership, joint venture, or agency relationship between them, nor shall either party have the power or authority by virtue of this Agreement to bind the other.
13.7. Entire Agreement. This Agreement, contains the entire agreement between you and Company regarding the use of this Service, and it supersedes all prior and contemporaneous agreements, promises, representations, warranties, and understandings of the parties regarding the same subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content, or third-party software.
13.8. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms that you bring must be brought within one (1) year after such claim or cause of action arose or be forever barred.
13.9. Third Party Rights. Nothing in this agreement shall confer any rights or benefits to third parties.
13.10. Counsel. Although we have attempted to outline above the terms on which you may use the Service in straightforward English, please be aware that these terms, if accepted by you, create a binding legal agreement between you and Company. We strongly urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance.
Please contact us at: with any questions regarding this Agreement.
BY USING THIS SERVICE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.