TERMS OF SERVICE(hereafter, "Terms" or "Agreement")
These Terms of Service govern the relationship between Apptivise USA Inc., former GetIntent USA Inc., ("Apptivise
") that provides the services of the Apptivise Platform that enables content creators to monetize their content ("the Services
"), and the publisher of video content and online broadcasts, hereinafter referred to as the "Publisher
", arising from the use of the Apptivise Platform.
By accessing the Website (as defined below) and using the Services, the Publisher agrees to the terms of this Agreement, covenants to follow the instructions for use of the Platform, and assumes responsibility for its actions related to the use of the Platform.
This Agreement or any of its terms may be amended, supplemented or deleted by Apptivise at its sole discretion upon notice to the Publisher via electronic communication channels 30 days prior to the effective date of such changes. A new version of the Terms shall become effective upon its publication on the Platform's website at: https://apptivise.me/
, unless otherwise expressly stated by Apptivise.
The continued use of the Services after the effective date of the new version of the Terms of means the Publisher's acceptance of the same and application of provisions of the new version to the Publisher in full.
The current version of these Terms is available at: https://apptivise.me/terms
.1. Terms and definitions
The terms below have the following meanings:
Apptivise platform (the "Platform
") is a software and hardware complex, a platform for creating Smart Applications, as well as monetizing video content and streaming OTT video.Publisher
— an author or other lawful holder of rights to video content or streaming broadcasting channels of OTT video that is using the Services of the Platform.Smart Application
— a software for Internet-connected mobile and stationary user devices, including but not limited to Tizen, WebOS, Android TV, Apple TV, iOS, Android, Roku, Fire TV and other platforms, installed or downloaded by the End User to End User devices.Application Stores
— technology platforms supported by manufacturers and developers of software for Internet-connected mobile and stationary user devices designed for search and installation of appropriate Smart Applications on End User devices.Content
— a set of information and intellectual property objects published by the Publisher on the Platform, including videos, streaming broadcasts, texts, scripts, graphics, photos, sounds, music, videos, audiovisual combinations and other materials made accessible for End Users through Smart Applications created using the Platform.End User
– an Internet user who uses Smart Applications created using the Platform on his/her own devices.
Apptivise — Apptivise USA Inc., New York Corporation, a lawful provider of the services of the Apptivise Platform.Authorized User
– an employee or other representative of the Publisher, vested by the Publisher with the rights of access to the Platform, viewing statistics, managing the Publisher content and its Smart applications.Website
— a set of information and intellectual property objects contained in the information system (including computer program, database, graphic design of the interface (design), etc.), made accessible from various Internet-connected user devices through special software for viewing web pages (a browser) located at: https://apptivise.me/
(including domains of the following levels related to these addresses).Terms or Agreement
— these Terms of Service as published on the Website that regulate the operation of the Platform, the relationship between Apptivise and Publishers, and set forth the rules for the use of the Platform and the Services.Login details
— a unique login (e-mail address) and password of the Authorized User used to access the Personal account provided by Apptivise in the process of registration of the Publisher or changed later by the Authorized User through the Personal account.Personal Account
— a personal section of the Publisher on the Website associated with the account of the Authorized User on the Website, in which the Authorized User is granted access to the use of the Platform features on these Terms.Reporting Period
— 1 (One) calendar month.2. General provisions. Access to the Platform
2.1 Apptivise offers the Publisher the right to use the Platform on the terms of service set forth herein, to create and publish in Application Stores of Smart Applications with the Publisher Content, and provides a built-in mechanism for Publisher's content monetization including advertising mediation, pay-per-view and pay-per-subscription services, app usage statistics and other metrics on integrated advertising channels.
2.2 Apptivise may review, improve, modify or discontinue, temporarily or permanently, the Services at any time. Apptivise may at any time supplement, modify and extend the functionality of the Platform and the Publisher's access to certain features of the Platform without prior notice to the Publisher and End Users.
2.3 The functionality of the Platform is provided to the Publisher on the terms specified in the relevant Application Development Order to be signed by Apptivise and the Publisher, which together with these Terms represents the entire agreement between Apptivise and the Publisher.
2.4 By accessing the Platform, signing the Application Development Order, and agreeing to these Terms, the Publisher represents and warrants that it has all rights and powers necessary to enter into this Agreement and the Application Development Order, including the lawful rights to distribute the Content, is a person of legal age (or if not, then the Publisher's parent or guardian has entered into this Agreement on his or her behalf) and capacity. Apptivise may request the Publisher to show evidence confirming the rights and powers as indicated above.
2.5 Although Apptivise strives to ensure the continuous availability and operability of the Platform, Smart Applications created using the Platform, and Content published by the Publishers, it does not guarantee such availability.
2.6 Apptivise may collect data on the End Users of Smart Applications and use the same for analytics, improving the ad view and other purposes related to functioning of the Platform and the best monetization of the Publishers' applications.
2.7 By using the Platform, the Publisher agrees to publish advertisements placed by Apptivise or its advertising partners in the Smart Applications. The Publisher understands and agrees that the advertising material for a particular view is determined automatically. Apptivise has no control over the content of such advertisements, and does not endorse, guarantee or assume responsible for their content. Apptivise shall use its best efforts to ensure that advertising content will comply with applicable laws.
2.8 Apptivise reserves the right to restrict access of Publishers or End Users to the Platform and Smart Applications placed via the Platform by blocking access to the relevant IP addresses, range of IP addresses or hardware identifiers of access devices if Apptivise has reason to believe that there is violation of the terms and/or damage to the platform and smart applications (for example, DDOS attacks or other hacker attacks or use of the smart applications without authorization by Apptivise).3. Registration and account of the Publisher
3.1 After creating a Personal Account and linking to it its Authorized Users, the Publisher will receive access to the Platform and opportunity to use the Platform features.
3.2 To create a Personal Account, the Publisher shall provide Apptivise with Login Details of Authorized Users having rights of access to the Platform. Subsequently, the Publisher may change the Login Details and supplement the list of Authorized Users in the Personal Account on its own.
3.3 The Publisher shall keep confidential its Login Details and shall not permit any third party to use of its Login Details , except for the Authorized Users.
3.4 Any act performed from the Publisher's Personal Account using the Login Details of its Authorized Users is considered to be performed by the Publisher itself and creates obligations and responsibilities for the Publisher in respect of such actions, including liability for violation of these Terms. The Publisher is solely and fully responsible for all activities that occur under its Personal Account. Apptivise has no control over the use of the Publisher's Personal Account and expressly disclaims any liability derived therefrom. Should the Publisher suspect that any unauthorized party may be using its password or account or if the Publisher suspects any other breach of security, the Publisher must contact Apptivise immediately. The Publisher, and not Apptivise, is responsible for any use or misuse of its password and/or Personal Account.
3.5 The Publisher shall change the Login Details immediately if it has reasons to suspect that such information has been disclosed or may be used by any unauthorized third parties.
3.6 Apptivise may block the Publisher's access to the Personal Account with concurrent termination of publishing and displaying of its Smart Applications or without the same in case of gross and repeated violations by the Publisher of the requirements of applicable law, these Terms, and the content requirements of Application Stores.
3.7 The Publisher undertakes to provide only true and accurate information and is fully responsible for the provided information and the Content. The Publisher undertakes to update the information in a timely manner by editing the same on the Platform. Apptivise may request, and the Publisher shall provide upon such request the documents and information validating the provided information.
3.8 When using the Platform and the Services, the Publisher independently and voluntarily decides whether to furnish Apptivise with personal and other details of the Publisher and its Authorized Users (last name, first name, patronymic, e-mail address, mobile phone number, passport data, bank details, registration address, as well as any other personally identifiable information), and hereby declares that it agrees to processing by Apptivise and its affiliates of personal details and other user data, their transfer (including cross-border transfer to the territory of foreign States, providing adequate protection of the rights of personal data subjects) for processing by Apptivise and/or any third parties acting on behalf of Apptivise, including for the purposes of: (i) providing consulting support to the Publisher in connection with the use of the Platform, (ii) examination of Smart Applications for compliance with the requirements of Application Stores, (iii) obtaining statistical and analytical data on the use of Smart Applications by the End Users, (iv) expanding the range of capabilities of the Platform to receive information messages from Apptivise, (v) preventing or suppressing unlawful and/ or unauthorized actions of the Publisher or any third parties, and (vi) ensuring compliance with applicable laws. Apptivise shall use its reasonable best efforts to protect the Authorized Users' personal data from unauthorized access of any third parties.4. Use of the Platform and Smart Applications by the Publisher
4.1 By publishing the Content through the Platform, the Publisher understands that the information is published in the Smart Applications in the public domain, that is available for viewing by any End User that installed Smart Application in all parts of the world where Smart Applications are published in Application Stores. The Publisher understands and accepts all risks associated with distribution of Publisher's Content and is fully responsible for compliance with all applicable laws of the countries where the Smart Applications are published as well as for violation of copyright or any other third party intellectual property rights.
4.2 Apptivise will not inspect the Content prior to its posting and/or distribution by the Publisher through the Platform. The Publisher acknowledges and agrees that it shall independently assess and assume all risks associated with the placement and distribution of its Content, including assessment of its reliability, completeness or usefulness.
4.3 The Publisher represents and warrants to Apptivise that Content created or licensed by Publisher that will be distributed through the Platform will not constitute or include Content that:
5. Obligations of the Publisher
- is adult content, content that contains nudity, graphic sex acts, or sexually explicit material in any media form (text, photo, audio, or video);
- drives traffic to commercial pornography sites;
- relates to gambling;
- relates to illegal activities or themes (such as piracy, illegal substances, or profane, defamatory, infringing or obscene information or material, etc.);
- threatens, defames, abuses, harasses or bullies others or otherwise violates the legal rights (such as, but not limited to, intellectual property rights or rights of privacy and publicity) of others;
- promotes hatred towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation/gender identity, etc.; or
- violates any local, state, national or international law.
5.1 The Publisher agrees to act solely in accordance with applicable law and these Terms, and to be fully responsible for its own actions and omissions when using the Platform.
5.2 The access to the Platform provided to the Publisher may be used only for intended purposes. The Publisher may not use the Platform for the purpose of publishing any Content other than the Publisher's Content.
5.3 The Publisher agrees not to use any automatic or other programs to access the Platform without prior written approval of Apptivise.
5.4 The Publisher also agrees not to take any actions that may lead to disproportionately large load on the infrastructure of the Platform, not to interfere with the Platform and its algorithms, and not to interfere with the action of automatic systems or processes in order to block or restrict access to the Website.6. Disclaimer
6.1 The Platform is a tool that enables the Publishers to create Smart Applications, publish them in Application Stores, and distribute and monetize Publisher Content using the same. Apptivise shall make reasonable effort to create Smart Applications for the Publisher that meet the standards of Application Stores and ensure that they are published as soon as possible on the technology platforms as described in the relevant Application Development Orders. However, Apptivise cannot guarantee the timing and the fact of publication of Smart Applications of the Publisher in the Application Stores, nor shall it be responsible for compliance of the Publisher's Content with the rules of the Application Stores.
6.2 Apptivise shall not be responsible for loss of the Publisher's information, as well as for misrepresentation of information or loss of messages received using the forms of communication on the Platform and in Smart Applications.
6.3 The Platform is provided "AS IS", which means that Apptivise does not provide any guarantees with respect to the Platform. In particular, Apptivise does not guarantee to the Publisher that:
6.3.1 the Platform, including its functionality and direct or indirect effect and quality will meet the requirements and objectives of each Publisher; and
6.3.2 the Services of the Platform and Smart Applications will be provided continuously, reliably and error-free on all types of End User's devices.
6.4 The Publisher agrees that Apptivise shall not be liable for any damages caused to the Publisher due to taking actions to prevent or suppress violations in the use of the Platform related to restriction/blocking of access of the Publisher and the End Users to the Platform or Smart Applications by Apptivise, the administration of Application Stores or authorities.
6.5 The Publisher warrants and agrees that it is solely responsible for its Content and the consequences of downloading, posting and publishing the same.
6.6 The Content posted by the Publisher may contain links to websites on the Internet (third party websites). These third parties and the content of their websites, as well as any information of third parties shall not be reviewed by Apptivise. Apptivise shall not be responsible for any information and materials posted on third-party sites to which End Users gain access in connection with the use of Smart Applications of the Publisher, as well as for availability of such sites or information and the consequences of their use by End Users.
6.7 Disclaimer of Warranties. APPTIVISE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, THE PLATFORM, OR THE SMART APPLICATIONS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, NEITHER APPTIVISE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES AND THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OF CONTENT, INFORMATION OR MATERIAL PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.
NEITHER APPTIVISE NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY END USER.
NETHER APPTIVISE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
APPTIVISE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY THE PUBLISHER WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.Limitation of Liability
IN NO EVENT SHALL APPTIVISE BE LIABLE TO THE PUBLISHER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR LOSS OF DATA, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT APPTIVISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL APPTIVISE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE APPLICABLE APPLICATION DEVELOPMENT ORDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $100.7. Intellectual rights
7.1 Apptivise is the owner of the exclusive rights to the Platform, including, but not limited to name, domain name, logo, design, user interface of the Platform and Smart Applications, databases, program codes, all technical developments and features enabling the use of the Platform, as well as all Smart Applications created by Apptivise for the Publishers using the Platform ("Apptivise Proprietary Material").
7.2 The exclusive rights to the Content posted by the Publisher belong to the Publisher and the copyright holders being the parties to relevant agreements with the Publisher. The Publisher represents and warrants that it has and will have, during the term of use of the Platform and Smart Applications, all necessary licenses, rights, approvals and permissions required for use of the Platform features and use and distribution of the Content.
The Publisher agrees not to upload, post or make available any content with materials, which ownership and distribution is prohibited by the laws of the countries, where its Smart Applications are available, and/or which violates the copyright of any third parties.
7.3 At the time of downloading or posting the Content on the Platform and granting access to the same through Smart Applications, the Publisher provides:
7.3.1 to Apptivise a non-exclusive, royalty-free license with the right to sublicense, to use the Publisher's Content in the territory of distribution of Smart Applications, in particular, the right to reproduction, distribution, public display, making available to the public, processing or creation of derivative works therefrom, as well as to public performance of the Content to the extent necessary for provision of the Services on the Platform and Smart Applications;
7.3.2 to End user of the Smart Applications, a non-exclusive, royalty-free license in the territory of distribution of Smart Applications to access and view the Content through the Smart Applications, as well as to use the Content for personal non-commercial purposes.
The above licenses are provided by the Publisher for the entire period of use of the Platform.
7.4 Subject to the Publisher's compliance with the terms and conditions of this Agreement, and solely for as long as the Publisher is expressly permitted by Apptivise to access the Services, Apptivise agrees to permit the Publisher to access and use the Services, on a non-exclusive, non-transferable, non-sublicensable, revocable, limited basis, solely in accordance with this Agreement. If the Publisher fails to comply with any of the terms or conditions set forth in this Agreement, then this Agreement (including the foregoing grant of permission to use the Services) will automatically terminate, whereupon the Publisher will immediately (x) cease accessing and using the Services; and (y) any Smart Applications created by Apptivise for such Publisher will be removed from the Application Stores. The Publisher may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Apptivise's express prior written consent. Any use of Apptivise Proprietary Material, other than as permitted herein, is expressly prohibited without the prior written consent of Apptivise.
The trade names, trademarks and service marks of Apptivise are owned by Apptivise USA Inc., whether registered or unregistered. Nothing contained in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Apptivise's trade names, trademarks or service marks without Apptivise's prior written consent.8. The terms of advertising revenue share and procedure of settlement
8.1 In cases where Apptivise provides the Services to the Publisher subject to revenue share derived from advertising placed in the Smart Applications, the advertising revenue is distributed in accordance with the Application Development Order signed by the Parties.
8.2 The Parties agree that the data of the Platform statistics server available in the Publisher's Personal Account shall be sufficient evidence of the scope and cost of advertising services rendered. The Parties also agree that the data of the Platform's statistics server is shown net of taxes (such as VAT and sales tax).
8.3 Currency and terms of payment of advertising revenue share to the Publisher shall be specified in the Application Development Order. Apptivise is liable for all transaction processing fees or charges related to the payments.
8.4 The minimum threshold for payment is $500 USD or equivalent in the currency of the Publisher. Specifically, if during the Reporting Period the Publisher's advertising revenue calculated in accordance with the terms of Application Development Order is less than $500 USD (net of indirect taxes such as VAT or sales tax), such payment will be paid out together with the payment for the following Reporting Period, provided that the overall amount equals or exceeds $500 or equivalent in the currency of the Publisher.Indemnification
THE PUBLISHER UNDERSTANDS THAT IT IS PERSONALLY RESPONSIBLE FOR ITS BEHAVIOR WHILE USING THE SERVICES AND AGREES TO INDEMNIFY, DEFEND AND HOLD APPTIVISE AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS' FEES AND COSTS AND CLAIMS FOR INTEREST) THAT THEY MAY INCUR IN CONNECTION WITH ANY CLAIM RELATED TO, ARISING OUT OF OR IN CONNECTION WITH THE PUBLISHER'S USE OF THE SERVICES OR MATERIALS, PUBLISHER'S VIOLATION OF THIS AGREEMENT OR THE APPLICATION DEVELOPMENT ORDER, OR THE VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.Release
The Publishes hereby releases Apptivise and its affiliates, and their respective officers, directors, agents, investors, and employees from any and all claims, demands, or damages of every kind and nature, known and unknown, arising out of or in any way connected with disputes that may arise out of or relating to the Content.9. Validity of terms of service
9.1 These Terms of become effective upon signing by the Parties of Application Development Order and shall remain in force until the Publisher terminates the use of the Platform, provided that certain terms that by their nature are meant to survive such termination, shall survive.
9.2 The Publisher AND APPTIVISE may terminate the use of the Platform at its sole discretion subject to giving a written notice to Apptivise 90 days prior to the intended date of termination. Upon termination, Apptivise shall promptly delete the published Content and Smart Applications, provided that it shall give the Publisher 15 days to download the archive of the published Content prior to deleting it.
9.3 If the Publisher stops using the Platform before the expiry of the minimum service period specified in the Application Development Order, Apptivise may claim compensation of expenses to create Smart Applications for the Publisher specified in the Application Development Order.
9.4 Apptivise may terminate the Publisher's access to the Platform AND BLOCK ITS SMART APPLICATIONS with immediate effect upon written notice to the Publisher if the Publisher (i) fails to pay any amount when due under the applicable Application Development Order and such failure continues for 30 days after the Publisher's receipt of written notice of nonpayment, (ii) HAS BREACHED RULES OF THE RELEVANT APPLICATION STORE; (III) HAS VIOLATED ANY APPLICABLE LAWS AND REGULATIONS; (IV) has not otherwise performed or complied with these Terms or the applicable Application Development Order, in whole or in part, or (V) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
9.5 Termination of use of the Platform for any reason other than those provided in clauses 2.10 and 3.6 shall not release the Parties from their financial obligations to each other.10. Force majeure
10.1 The party that failed to perform or performed its obligations under these Terms improperly shall be released from liability for failure/ delay in performance of its obligations under these Terms, if such failure/ delay in performance is caused by force majeure.
10.2 The circumstances that release the Parties from liability include circumstances that are extraordinary in nature and unavoidable under the existing conditions, including but not limited to (1) war, riots and revolutions; (2) hurricanes, cyclones, tsunamis, earthquakes, floods, destructions caused by lightning, other natural disasters; (3) explosions, fires, breakdowns of machinery and equipment, production facilities and any structures as a result of force majeure; (4) boycotts, strikes and lock-outs in any form, failure of equipment and/ or software as a result of illegal actions of third parties; (5) regulatory acts of public authorities which make performance of obligations impossible, etc.
10.3 The party prevented from fulfillment of these Terms shall within 3 (Three) calendar days from the date when such party becomes aware of such circumstances give a notice in writing to the other Party of the nature of force majeure circumstances that impede fulfillment of these Terms attached with copies of documents issued by the relevant authorities. If the event in question continues for a continuous period in excess of thirty (30) days, either Party shall be entitled to give notice in writing to terminate the applicable Order Form.Claims of Copyright Infringement
Apptivise respects the intellectual property of others and expects the Publishers to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. If a user believes in good faith that any material available on or accessible through the Services infringes upon its copyright, then such user (or its agent) may send Apptivise a notice requesting that Apptivise remove the material or block access to it. Similarly, if the Publisher believes in good faith that someone has wrongly filed a notice of copyright infringement against it, then the DMCA permits the Publisher to send Apptivise a counter-notice. Notices and counter-notices must include the following information and be sent to Apptivise's designated agent, or [ADDRESS].
1. A description of the copyrighted work that the user claims has been infringed, including the URL (Internet address) or other specific location on the Services where the material the user claims is infringed is located. Please include enough information to allow Apptivise to locate the material, and explain why in user's opinion an infringement has taken place;
2. A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3. User's address, telephone number, and e-mail address;
4. A statement by user that user has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by the user, made under penalty of perjury, that the information in user's notice is accurate, and that the user is the copyright owner or authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Please note, notices and counter-notices must meet then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/
for details. We suggest that You consult Your legal advisor before filing a notice or counter-notice.11. Disputes and applicable law
11.1 Any controversy or claim arising out of or relating to these Terms or the Application Development Order, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will take place in New York County, New York. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party.
If any of the provisions of Section 11.1 are found to be illegal or unenforceable, then any disputes arising out of or relating to this Agreement shall be decided in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
All disputes arising under this Agreement shall be governed by the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
11.2 Invalidation of certain parts of these Terms of Service does not affect the validity of other provisions of these Terms of service.
Relationship of the Parties
The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
The Publisher shall not assign any of its rights or delegate any of its obligations under these Terms of Service without the prior written consent of Apptivise. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves the Publisher of any of its obligations under these Terms of Service.Entire Agreement
These Terms, together with the Application Development Order, constitute the entire agreement by and between the Publisher and Apptivise pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of the parties. These Terms may not be amended nor any obligation waived, other than expressly in writing by Apptivise. Any failure to enforce any provision of these Terms or the Application Development Order shall not constitute a waiver thereof or of any other provision hereof.Contact Us
If you have any questions about these Terms or the Services, please email at email@example.com.
Last Revised on January 29, 2020