APPSLOTS, LLC Terms of Service
These Terms of Service (the “Terms” or “Agreement”) are a legal agreement between you (“you”, “your”) and Appslots, LLC (“Appslots”, “we”, “us,” or “our”) governing your use of all of our software and mobile applications and services, including our website (collectively, the “Service”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). We may, at our sole discretion, change, add, or delete portions of these Terms of Service at any time on a going-forward basis. It is your responsibility to check these Terms of Service for changes prior to use of the Service, and in any event your continued use of the Service following the posting of changes to these Terms of Service constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes through the Service, and/or, in our sole discretion, by email.
THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.
1. Applicability & Acceptance of These Terms of Service
By viewing, using, accessing, browsing, downloading, installing, or submitting any content or material on the Service, you agree to these Terms of Service as a binding legal agreement between you and Appslots, without limitation or qualification.
If you do not agree to these Terms of Service, then you may not use the Service. Appslots reserves the right to modify these Terms of Service at any time without prior notice.
You agree that each use of the Service shall be subject to the then-current Terms of Service, and continued use of the Service now or following modifications in these Terms of Service confirms that you have read, accepted, and agreed to be bound by such modifications.
The Service is intended for use by those 21 or older for amusement purposes only. You declare that you are 21 years old or older. You may not use the Service if you are under 21 years of age, in which case you must not create an account, access, use or download such games and/or submit any personal information through the Service. At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Coins or other Virtual Items acquired through your use of the Services.
2. User License
Scope of License. Subject to your agreement and compliance with these Terms, Appslots grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service. No other use is permitted.
User Conduct. You agree that your use of the Service is subject to all applicable local, state and federal laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable material;
- not to use the Service if you are under the age of 21;
- not to access the Service using a third-party's account/registration without the express consent of the account holder;
- not to use the Service for illegal purposes;
- not to commit any acts of infringement on the Service;
- not to use the Service to engage in commercial activities;
- not to copy any content for republication in print or online;
- not to attempt to gain unauthorized access to other computer systems from or through the Service;
- not to interfere with another person's use and enjoyment of the Service or another entity's use and enjoyment of the Service;
- not to upload or transmit viruses or other harmful, disruptive or destructive files;
- not to deal with Coins or other Virtual Items in any manner that violates these Terms, including transferring Coins or other Virtual Items to other individuals, parties, or entities; selling or re-selling Coins or other Virtual Items; or fraudulently or improperly obtaining or acquiring Coins or other Virtual Items; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Service or affiliated or linked sites.
Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Service may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief, without the issuance of any bond or other security, to prohibit such use.
3. Account Information
During the process of creating an account to access the Service (“Account”), you may be required to select a password or to allow us to access your account information from a social network service, for example, Facebook (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
- You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. We will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms or is otherwise improper or illegal; and
- You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, PayPal) by minors.
- You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
- You shall not have an Account or use the Service if you have previously been removed by Appslots or previously been banned from playing any Appslots game.
- You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
- We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- Appslots reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.
- You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.
4. Account Termination
APPSLOTS MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND APPSLOTS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
We may refuse access to the Service or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Appslots’ intellectual property as determined by us in our sole discretion. You may lose your user name and persona, if applicable, as a result of Account termination, without responsibility on our part for any damage that may result from the foregoing.
In addition to the foregoing, we may selectively remove or revoke Benefits associated with your account. "Benefits" mean licensed rights granted, awarded, gifted, provided to, and/or purchased by you to access and use online or off-line elements or features of the Service, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended or if any Benefits are selectively removed, revoked or garnished from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that we are not required to provide you notice before suspending or terminating your Account or selectively removing or revoking Benefits associated with your Account. In the event that we terminate your account, you may not participate in any of the Services again without our express permission. We reserve the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your account in error, please contact us at: appslots(dot)customer(dot)service(at)gmail(dot)com.
5. Virtual Currencies and Goods
There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to purchase virtual, in-game items, including but not limited to virtual currency, virtual coins, points, credits, bonuses and/or chips all for use in the Service ("Coins") or virtual in-game items, unlockable content, collections or other goods (together with the Coins, “Virtual Items”) that may require you to pay a fee using real money to obtain. Coins or other Virtual Items can never be redeemed for real money, goods, or any other item of monetary value from us or any other party. You understand that you have no right or title in the virtual in-game items, spins or Coins. A certain number of Coins or other Virtual Items will be made available to you to collect when you log into the Service at recurring time intervals or when you complete certain tasks in the Service. If you exhaust your supply of Coins or other Virtual Items, you may elect to purchase additional Coins or other Virtual Items, and continue to play the games through the Service or you may wait until additional free Coins or other Virtual Items are available to you. Coins or other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
If you wish to purchase Coins or other Virtual Items, you will be required to pay a fee using “real world” money to obtain the Coins or other Virtual Items. Coins or other Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Appslots or any other party. You understand that you have no right or title in the Coins or other Virtual Items appearing or originating in any Appslots game, whether “awarded” in a game or “purchased” from Appslots, or any other attributes associated with an Account or stored on the Service. Your purchase of Coins or other Virtual Items is final and is not refundable, transferable or exchangeable, except in our sole discretion. You may not purchase, sell, or exchange Coins or other Virtual Items outside the Service. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you. We retain the right to manage, control, modify and eliminate Coins or other Virtual Items or any other form of virtual currency at our sole discretion. Prices and availability of Coins or other Virtual Items are subject to change without notice. In addition to the foregoing, Appslots may selectively remove or revoke Coins or other Virtual Items associated with your Account upon its sole discretion.
Coins or other Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Coins or other Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website, mobile application, or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Coins or other Virtual Items for any reason. When you purchase Coins or other Virtual Items, they will reside in your Account ("Game Account") until discharged through use of the Service. When purchasing Coins or other Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Coins or other Virtual Items and other content are final. If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a correction, which we may resolve in our sole and absolute discretion. We have no obligation to correct any issues related to an in-game purchase, and we shall have no liability to you as a result of any such purchase. You agree to notify us about any billing problems or discrepancies within 15 days after they first appear on your account statement. If you do not bring them to our attention within 15 days, you agree that you waive your right to dispute such problems or discrepancies. We shall not refund, reimburse, re-issue, correct, or otherwise be liable for any Coins or other Virtual Items or other content that are deleted, lost, or otherwise removed from your Account or Game Account as a result of any Updates (as defined herein), your deletion or other removal of the Service from your mobile device or from any technical issues affecting the Service, including but not limited to server problems, viruses, or problems transferring your Account or Game Account to new devices. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arise out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account or Game Account if, for any reason, a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
You acknowledge that Appslots is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Coins or other Virtual Items when an Account is closed, whether such closure was voluntary or involuntary, or whether you made a payment through applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services. All Coins or other Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in Appslots’ sole and absolute discretion, or if the Service is no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Coins or other Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Coins or other Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
6. User Content
Nature of User Material. Some of the services offered by us through the Service may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material to the Service (collectively, "User Content"). You agree not to create any User Content that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party's uninterrupted use and enjoyment of the Service;
- advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Service;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personally identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- harms or is inappropriate for minors to view;
- links to any commercial or other website; and/or
- is not otherwise in compliance with these Terms of Service.
User Representations and Warranties. Each time you provide User Content to the Service, you represent and warrant that you have the right to provide such User Content, which means:
- you are the author of the User Content; or
- the User Content is not protected by copyright law; or
- you have express permission from the copyright owner to use the User Content in connection with the Service; and
- you have the right to grant Appslots the license set out in these Terms; and
- your use of the Service and User Content do not violate these Terms.
Monitoring and Enforcement of User Content. We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for us.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
- Terminate or suspend your access to all or part of the Service, including your Account, for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS APPSLOTS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. Communication Channels
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. Appslots cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. Appslots shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. Appslots is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Appslots may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Appslots, and these communications should not be considered reviewed or approved by Appslots. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Appslots be liable for any activity within the Communication Channels. You agree that Appslots may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Appslots is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member’s misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at appslots(dot)customer(dot)service(at)gmail(dot)com. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Appslots, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Appslots games. Appslots reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release and hereby agree to indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
In order to encourage users to succeed in our game, we may publish data relating to the most successful users in the game according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
8. Intellectual Property Ownership
Appslots retains all rights in the Service (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The Service Materials are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without our express prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require express prior written permission from us. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.
Appslots and its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
9. Copyright Infringement
Appslots respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Appslots Services any materials that violate another party's intellectual property rights. When Appslots receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe that any User Content violates your copyright, please contact us. It is our policy to terminate the Accounts of repeat infringers. If you believe that any material on or through the Appslots Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
If you believe that your own copyrighted work is accessible on or through the Appslots Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information: (A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Appslots can locate the material; (B). Identify the URL or other specific location on the Website or Appslots Services that contains the material that You claim infringes your copyright; (C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf; (D). Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf; and, (F). Include your name, mailing address, telephone number and email address.
You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:
c/o Mudd Law Offices
411 S. Sangamon Street
Chicago, Illinois 60607
Appslots has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Appslots may also in its sole discretion limit access to the Appslots Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
10. Third Party Websites And Advertising
11. Updates to the Service
We may from time to time in our sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
- the Service will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of this Agreement.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APPSLOTS NOR ANY PERSON ASSOCIATED WITH APPSLOTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER APPSLOTS NOR ANYONE ASSOCIATED WITH APPSLOTS REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE SERVICE OR THE SERVER THAT MAKES EITHER AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
IN NO EVENT WILL APPSLOTS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE, INCLUDING USER CONTENT, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, DATA OVERAGES, UNANTICIPATED DATA COSTS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Appslots and its officers, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Service or your breach of this Agreement, including but not limited to the User Content you submit or make available through the Service.
15. Third-Party Links
The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Service and your receipt or use of data, content, products and/or services through the Service.
17. Jurisdiction; Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute as to the interpretation, enforcement, breach, or termination of this Agreement will be settled by binding arbitration in Cook County, Illinois under the Rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between You and Appslots. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid. Judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The prevailing party will be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration or litigation instituted in connection with this Agreement
Enforceability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Export Limitations. The Service may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
No Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Headings & Construction. The section titles in these Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
Contact Us. For purposes of providing notice of cancellation or termination, contact us at appslots(dot)customer(dot)service(at)gmail(dot)com.
Updated: October 7, 2019