Terms of Services
Effective Date: March 5, 2019
Introduction and Acceptance
Welcome to the AppCensus website (the "Site"), the official website of AppCensus, Inc. ("AppCensus"). AppCensus provides this Site to you subject to the notices, terms, and conditions set forth in these Terms of Service (the "Agreement").
AppCensus reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site.
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES, AND BY USING THE SITE, YOU AGREE TO THESE TERMS. DO NOT USE THE SITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE SITE IF YOU DO NOT AGREE.
Use of The Site
Subject to the terms and conditions of this Agreement, AppCensus hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it in your Internet browser, but not for any commercial use or use on behalf of any third party, except as explicitly permitted by AppCensus in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by AppCensus in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by AppCensus in advance. AppCensus reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if AppCensus believes that customer conduct violates applicable law or is harmful to AppCensus’s interests.
You may not submit content to the Site or use it in any manner that:
- is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
- is libelous or slanderous;
- is intended to cause commercial harm to us or to benefit a third party at our expense;
- involves any automated use of the system such as, but not limited to, using scripts to download our content in bulk or submit new content;
- collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
- constructs any links from any page on our Site to any other site on the internet, or frames any page from our Site on any other website;
- uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
- circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our Site;
- interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
- transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this Site, or otherwise permits the unauthorized use of or access to a computer or a computer network; or
- uses the Site and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and/or is deemed to be objectionable or inappropriate for any reason.
AppCensus may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent withthe terms and conditions of this Agreement, and AppCensus has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify AppCensus of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
We endeavor to present the most recent, most accurate, and most reliable information on the Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in our analysis results. The Site and its components are offered for informational purposes only; AppCensus shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any error or omissions in that information. We reserve the right to amend errors or to update analysis information at any time without prior notice.
As between you and us, we own and reserve all right, title, and interest in and to our Site. This includes the copyright in the software and code that allows you to operate the Site and the copyright in all content including text, graphics, and images (with the exception of the names, icons, and developer names of specific mobile applications in our database). We hereby grant you a limited non-sublicensable revocable license to use our Site for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our Site except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our Site to collect data or account or other information. You may not reverse engineer any part of our Site. We reserve the right to terminate your license to use this Site if you do not comply with these terms and conditions.
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. We do not permit anyone to post materials on our Site that infringe the copyrights of others. We have adopted and will follow the procedures outlined in the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our Site without permission from the copyright owner.
Notice to Designated Agent. If you claim ownership of copyright in material posted on our Site and you believe that posting it infringes your copyright -- or if you are authorized to act on behalf of a person who makes such a claim -- you may send us notice of your claim or you may send an email or regular mail to the following:
149 New Montgomery Street, 4th Floor
San Francisco, CA 94105
Notice Requirements. To be sure we are able to address your claim, you must include the following information in your notice:
Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorized to act on the copyright owner’s behalf.
Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
Identification of where on our Site the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our Site is not authorized by the copyright owner, its agent, or the law.
Certification of Accuracy. The notice must also state that the information supplied 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.
If you fail to comply substantially with these notice requirements, you may experience delay while we seek supplemental information. In the event we are unable to obtain supplemental information that substantially complies with these requirements, we may deny your request to remove or disable the material.
Takedown Upon Notice.Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove, or disable access to, the material.
THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
Governing Law and Jurisdiction
This Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the law of the State of California, without regard to conflicts of law. The parties consent to jurisdiction in the state and federal courts encompassing Berkley, California.
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Site for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms.
If any provision of these Terms of Service is found to be illegal or unenforceable or invalid, the remaining provisions of these Terms of Service shall be unaffected and shall continue to be fully valid, binding, and enforceable.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
149 New Montgomery Street, 4th Floor
San Francisco, CA 94105