App4Smart Terms of Use

App4Smart is an app discovery platform, a comprehensive online directory of mobile games, software and personalization items for Android, Windows Phone and iOS (coming soon). We provide you with in-depth and up-to-date information, reviews, detailed descriptions of existing and new applications, and an opportunity to find mobile applications of interest for any kind of devices quickly and efficiently.
App4Smart is an independent app discovery platform. App4Smart, its websites, apps or services are NOT in any way affiliated with, sponsored or endorsed by Google Inc., Apple Inc. or Microsoft Corporation; by any mobile application developer or publisher; or by any device manufacturer.
These Terms of Use govern the terms of your access and use of App4Smart websites, mobile applications and their content, and constitute your legal agreement with us.
You should read these Terms carefully before you use the App4Smart Website and/or App.
You need to be at least 13 years old to use the Website.
BY USING THE WEBSITE, THE APP OR BY CLICKING “SIGN IN” BUTTON YOU AGREE TO THESE TERMS OF USE.
1. Definitions
  • Terms”, “Terms of Use” mean these App4Smart Terms of Use. Certain areas of the Website, App or your use of particular services may have different terms and conditions posted for a specific area of the Website or App. If there is a conflict between such terms and conditions and these Terms, the former terms and conditions will prevail with respect to your use of or access to that area of the Website or App.
  • We”, “us”, “App4Smart” means the owner and the administration of the Website, App, Content and User Content.
  • User”, “you” means a person or a business entity using the Website, App, Content and User Content.
  • Website” means the website accessible at http://app4smart.com, including its sub-domains, programming code, related technologies, know-hows, databases and design.
  • App” means the App4Smart downloadable Android mobile application, including any upgrades, modified or subsequent versions, updates, or error corrections provided by us.
  • Content” means video files, texts, graphics, works of art, images, data or other intellectual property, content or information, made available to you by us, excluding User Content. Content is located at, is a part of or is distributed through the Website, and App.
  • User Content” means texts, images, data or other intellectual property, content or information, which you post, upload and otherwise submit to the Website or App, including without limitation comments and User profile pages.
2. Registration
Optional Registration. Although no registration is required to use the Website we encourage you to go through an easy registration on the Website. You will need to log in to access some extra features: you will be able to keep your profile, add reviews to favorites, and specify type of device you use to receive more personalized information.
When you register, you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. Alternatively, you may register signing in with your Facebook, Twitter, Gmail, Foursquare or other third-party account.
You agree that you will be solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions.
You may not impersonate any other person or use a username or password that you are not authorized to use.
Privacy Policy. We respect your privacy. Please refer to our Privacy Policy, which is incorporated by reference into these Terms, and which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Website or App, you signify your agreement to this Privacy Policy.
3. Use of Website or App
No Affiliation. We and the Website or App are not sponsored, endorsed or affiliated with Google Inc. (Android platform provider and Google Play owner), Microsoft Corporation (Windows Phone platform provider and Windows Phone Store owner), Apple Inc. (iOS platform provider and iTunes owner) or any mobile applications developer.
Third-Party Applications Disclaimer. We provide external links to third-party application stores (see Section 12 for more information on external links).
Mobile games, software, other applications and personalization items made available through these stores or through the Website and App are of their respective developers, authors, owners or other parties. Such owners are solely responsible for their applications. We have no control over third-party applications or their functionality, promotions, materials, information, goods or services available through these applications. Although we check mobile games, software, other applications and personalization items before adding to the Website and App, these third-party applications are not monitored by us, and we do not guarantee and are not responsible for any such applications, including the content, accuracy, opinions, reliability, privacy practices or other policies of or contained in the third-party applications. Inclusion of, linking to or permitting the use or installation of any third-party application does not imply approval or endorsement thereof by us.
Free to use. The Website and App are free to use.
Please note, that the use of third-party applications, software or personalization items, which you download from Google Play, Windows Phone Store or iTunes after following a link on the Website or App, might be fee-based.
Ownership. We, our licensors or other third parties own all right, title and interest, including all worldwide intellectual property rights in the Website, App and Content and the trademarks, service marks and logos contained therein, other than User Content.
License Grant. Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Website, App or Content for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Website, App or Content in the manner permitted by these Terms.
Any other use (including commercial use) of the Website, App, Content or User Content requires our prior written consent.
The Website, App, Content and User Content may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website, App, Content and User Content.
Network Fees. To use the Website or App you will require Internet connectivity. We shall not have any responsibility or liability for any IPS, phone, mobile service or other costs you may incur in this regard.
Restrictions and User Obligations. You agree that you will not do any of the following while using or accessing the Website, App, Content and User Content:
  • Post, upload, or otherwise transmit through the Website or App any User Content:
    • that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
    • that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity), or otherwise violates or promotes the violation of the rights of any third party;
    • to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content);
    • for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary;
    • that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, or interferes with the access of any user, host or network, including without limitation sending a virus, overloading, flooding or spamming the Website or App;
    • that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Content that is unrelated to the immediate, aesthetic nature of User Content.
  • Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website, App, Content or User Content (other than your own User Content).
  • Use the Website, App, Content or User Content in a commercial manner.
  • Post, upload, or otherwise transmit through the Website or App any unsolicited or unauthorized advertising, promotional materials, junk, spam, chain letters, "pyramid schemes" or any other form of solicitation.
  • Circumvent, disable or otherwise interfere with security related features of the Website or App, or features that prevent or restrict use or copying of any Content or User Content.
  • Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or App to send altered, deceptive or false source-identifying information.
  • Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website or through the App, servers or networks connected to the Website, or App, or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or App.
  • Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website, App, Content or User Content.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or App.
  • Attempt to access, search or meta-search the Website, App, Content or User Content with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers, including without limitation any software that sends queries to the Website or App to determine how a website or web page ranks.
  • Collect or store personal data about other Users without their express permission.
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
  • Use the Website, App, Content or User Content in any manner not permitted by these Terms.
  • Encourage or instruct any other individual to do any of the foregoing or to violate any these Terms.
4. Intellectual Property Rights and Content
Our Intellectual Property Rights. We own and protect from illegal use the exclusive rights in Our Intellectual Property, in particular:
  • Programming code of the Website and App;
  • Design and elements of the Website and App design;
  • Website databases;
  • Reviews of mobile applications, games, software, personalization items;
  • Other Content, which is not Third Parties Intellectual Property.
No rights in Our Intellectual Property are granted to you, except for the rights explicitly indicated in these Terms.
We reserve the right to prosecute any infringers in court and/or through other authorities in order to protect Our Intellectual Property.
Third Parties Intellectual Property Rights. Google, Android and Google Play are trademarks of Google Inc. Apple, iPad, iPhone, iTunes and Mac are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Microsoft, Windows and Windows Phone are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
All other trademarks are the property of their respective owners (mobile application developers, publishers; device manufacturers etc.).
All trademarks are used to describe and/or refer to the particular device, application, product, company or service underlying the trademark. App4Smart, its Website or App are not affiliated with, endorsed by or sponsored by any of the trademark owners.
Screenshots and videos used for reviews are the property of the developers, publishers or other respective owners and are protected by intellectual property rights (including but not limited to copyright). All such rights are reserved by their owners.
The Website and App may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at http://app4smart.com/en/open-source.html. Copyrights to the open source software are held by the respective copyright holders indicated therein.
5. User Content
You are not required to include any information in any User Content that identifies you. If you choose to provide personal identifying information, you do so at your own risk.
We may limit the length of User Content.
License Grant. By posting, publishing, uploading, submitting, emailing, or otherwise transmitting any User Content to us on the Website or via the App, you hereby grant:
  • To us a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit and otherwise exploit such User Content in any form, medium, device or technology now known or later developed, including without limitation on third party websites and platforms.
  • To each User of the Website or App a non-exclusive license to access your User Content as permitted through the functionality of the Website or App.
We do not claim ownership rights in User Content.
We reserve the right to moderate any User Content or remove any User Content for any reason
YOU REPRESENT AND WARRANT THAT YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO GRANT THE FOREGOING LICENSES TO US. You agree to execute and deliver such documents and provide all assistance reasonably requested by us, if that becomes necessary.
YOU REPRESENT AND WARRANT THAT NEITHER USER CONTENT NOR YOUR POSTING, UPLOADING, PUBLICATION, SUBMISSION OR TRANSMITTAL OF USER CONTENT OR EXERCISING THE RIGHTS TO USER CONTENT BY US IN ACCORDANCE WITH THESE TERMS OF USE ON, THROUGH OR BY MEANS OF THE WEBSITE AND APP WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY'S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
Our Disclaimer. We have no ability to control User Content that is posted, uploaded or otherwise published using the Website or App, and do not have any obligation to monitor such User Content for any purpose and, as a result, are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any User Content or anything said, depicted or written by Users.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
6. Copyright Infringement Notice
If you are a copyright holder who believes that any of Content or User Content which is available via the Website or App is infringing copy of your work, please let us know. A notice of alleged copyright infringement should be sent at support@app4smart.com.
A notification of claimed copyright infringement must include the following:
  • A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
  • Specific identification of each copyrighted work claimed to have been infringed;
  • A description of where the material believed to be infringed is located (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. The App4Smart App License
License Grant. Subject to your compliance with these Terms, we grant you limited, non-exclusive, non-transferable, perpetual and revocable license, without the right to sublicense, to download and install a copy of the App4Smart App for Android onto your Android device and run such copy of the App solely for your internal personal use.
The copy of the App is licensed, not sold, to you.
Restrictions. Except as expressly specified in these Terms, you may not:
  • Copy or modify the App, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the App.
  • Transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the App to any third party.
  • Make the functionality of the App available to multiple users through any means, including, but not limited to distribution of the App or by uploading the App to a network or file-sharing service or through any hosting, application services provider or any other type of service.
  • Disassemble, decompile or reverse engineer the App, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
  • Delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the App as delivered to you.
You will comply with any technical restrictions in the App that allow you to use the App only in certain ways.
Updates and Upgrades. We are not obligated to maintain or support the App, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the App, and may automatically update or upgrade the version of the App that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades.
Supported Devices. You agree that we have no obligation to support any particular make or model of handset, cell phone, smartphone, tablet or any other device whether or not such make or model is currently or was previously supported by us.
Location-based Services. Some features of the App utilize GPS and Wi-Fi technology in order to determine your position. Certain services cannot be provided without utilizing this technology and you agree to us using this technology.
Term and Termination. You may terminate the license at any time by destroying all copies of the App in your possession or control.
This license will automatically terminate without notice from us if you breach any terms of these Terms of Use or these Terms terminates. Upon any termination you must cease all use of the App and promptly delete and destroy all copies, full or partial, of the App.
U.S. Government End Users. The App and related documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the App and related documentation is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the App and related documentation will be only those specified in these Terms.
U.S. Export Control. You may not use, export, re-export, import, or transfer the App except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, and any other applicable Laws. In particular, but without limitation, the App may not be exported or re-exported:
  • Into any United States embargoed countries.
  • To anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
By using the App, you represent and warrant that you are not located in any such country or on any such list. You also will not use the App for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
8. Disclaimer of Warranties
Your use of the Website, App, Content or User Content and any other information made available through the Website or App is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The Website, App, Content and User Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, APP, CONTENT AND USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We disclaim any warranties:
  • Regarding the security, accuracy, reliability, timeliness and performance of the Website, or App.
  • That the Website, App, Content and User Content will be error-free or that any errors will be corrected.
  • That the Website, App, Content or User Content will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Compatibility. We do not warrant that Website or App will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
Third Parties Software and Content. We are not responsible for:
  • The content, services, applications or availability of third parties’ websites that you access using the Website or App (for additional information, please, see subsection “Third-Party Applications Disclaimer” of Section 3 and Section 12 of these Terms).
  • The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through the Website or App.
9. Support
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or App. However, subject to the other provisions of these Terms we will attempt to help you with any queries or problems that you may have with the Website or App. To reach our customer support team, please e-mail us at support@app4smart.com. Providing our representatives with all the information they need to solve your problem will expedite your request for assistance.
Complaints to Third Parties. All complaints or inquiries related to any App, advertisements, third party services, products, offers, and resources must be directed to such developer or other third party.
10. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP, CONTENT AND USER CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED US$25.
11. Indemnification
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
  • Your access to or use of the Website, App, Content and User Content.
  • Your violation of these Terms.
  • Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
  • Any claim that your User Content caused damage to a third party, including without limitation claims that your User Content are infringing.
12. External Links and Third Party Advertisements
The Website, App, Content and User Content may contain advertisements that provide links to third party websites or resources. We cannot control how the advertisements are displayed. It depends on algorithms used by online advertising platforms, your geographical location, your search history and other factors. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. When you click on an ad, follow a link, or engage with a third party service, website, resource you are interacting with the third party, not with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, products, content, promotions services or resources. Your access, purchase or use of any website, product or service, and any information provided by you or collected as a result of such interaction, shall be governed by the applicable third party privacy policy, data gathering practices, terms of use or other agreements.
You are advised not to provide any personally identifiable information to any third party service unless you know and are comfortable with the party with whom you are interacting.
Without limiting other rights we will have the right to insert, place or include advertisements of any type on the Website, to the App and within or around Content or any User Content. We are not responsible for such advertisements and their content.
14. Your Feedback
If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website or App, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
15. Modifications
We reserve the right, at our sole discretion:
  • To modify or revise these Terms at any time by posting the amended Terms on the Website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the Website and App.
  • To make changes, update or discontinue the Website, App, Content, User Content or any format, feature or functionality thereof at any time with or without notifying you.
  • To terminate or restrict access to the Website or App for any reason whatsoever.
Your continued use of the Website or App after a change or update has been made will constitute your acceptance to the revised Terms of Use. If you do not agree with the modifications, please discontinue use of the Website and App immediately, and cancel the account you have opened with us.
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
16. Termination and Account Cancellation
You may terminate these Terms at any time by ceasing to use the Website and App Services.
Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website and App, and/or may remove any Content or User Content at any time if:
  • You violate any term of these Terms of Use
  • You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
  • You engaged in other actions relating to or in the course of using the Website and App that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, us, any other third parties or for the Website and App.
  • It is required by applicable law.
  • We cease offering the services and/or discontinued the Website and App.
Notwithstanding the foregoing, we also reserve the right to terminate the Website and App or cancel your account at any time and for any reason.
Upon termination of these Terms all licenses and rights to use the Website and App shall immediately terminate; and you will immediately cease any and all use of the Website, and App.
Upon any termination your account you will no longer be able to access User Content submitted by you. We will have no obligation to maintain any information and User Content stored in our database related to your account or to forward any information to you or any third party.
Any suspension or termination of these Terms will not affect your obligations to us and/or other Users under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
17. Jurisdiction
Choice of Law. You agree that the laws of Cyprus govern these Terms of Use, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Location for Resolving Disputes. You further agree that any disputes or claims related to these Terms of Use will be resolved by state courts located in Cyprus, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS, YOU ARE:
  • WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
  • IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE COURTS LOCATED IN CYPRUS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US.
  • SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
18. General
Force Majeure. We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of our obligations effected by the Force Majeure Event for so long as the event continues.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
  • Via email (to the address that you provide during registration), or
  • By posting to the Website.
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
  • Consent to receive communications from us in an electronic form via the email address you have submitted; and
  • Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
No Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.
We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms of Use constitutes the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Last updated: September 03, 2014