Terms & Conditions
This Website (www.appromoter.com) is owned and operated by Appromoter Limited (appromoter). appromoter is a service that allows individuals and organisations to distribute mobile applications and associated marketing and promotional assets to the media and others.
"appromoter Services" means all services and resources made available or enabled through the appromoter Website or by appromoter Limited, including download areas, developer tools services, product, review, and other information services, and communications services such as e-mail, blogs, and other message or communication facilities, but excluding Third Party Services and Your Services. "appromoter Materials" means Materials made available or enabled through the appromoter Site or by appromoter but excluding Third Party Materials and Your Materials.
"Materials" means all communications, content, data, documents, files, images, information, music, software, sound, suggestions and feedback, text, tools, videos, webcasts, and works of authorship.
"Your Materials" means Materials posted on the appromoter Site by you or by appromoter on your behalf; "Your Sites" means web sites and pages owned or operated by you; and "Your Services" means all services and resources made available or enabled through any of Your Sites.
appromoter Site, appromoter Services and appromoter Materials
You may use the appromoter Site, appromoter Services, and appromoter Materials only in accordance with these Terms. To access and use certain appromoter Services, you may be required to agree to certain additional terms and conditions.
We exclusively own the appromoter Site, appromoter Services, and all appromoter Materials. Except as authorised by us in writing, you agree not to modify, rent, lease, loan, sell, distribute, exploit for any commercial purposes, or create derivative works based on, the appromoter Site, appromoter Services, or appromoter Materials, in whole or in part.
Your Materials, Your Sites and Your Services
We do not claim any ownership rights in any of Your Materials. After posting Your Materials, you continue to retain all ownership rights in Your Materials, and you continue to have the right to use and licence Your Materials separate from the appromoter Site in any way you choose. You hereby grant to us a worldwide, royalty-free licence to use, reproduce, distribute, create derivative works of, transmit, display, perform, and exploit in any manner any and all of Your Materials that you provide to us or upload or transmit to or through the appromoter Site.
Your Use of the appromoter Site
You may not access or use the appromoter Site or access or use any Materials, services or sites available on or accessible through the appromoter Site, to do any of the following:
collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
use or attempt to gain access to or use another's account, password, appromoter Service, Materials or computer systems or networks connected to any appromoter server or to the appromoter Site without authorisation from appromoter Limited, whether through hacking, password mining or any other means;
remove from any Materials posted on the appromoter Site or falsely add to any Materials uploaded to the appromoter Site, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Materials;
access or attempt to access any Materials on the appromoter Site that you are not authorised to access or any Materials through any means not intentionally made available through the appromoter Site or appromoter Services;
make available any files containing appromoter Materials or Third Party Materials where you have not received the necessary licences to, all rights (including all intellectual property rights) in and to such appromoter Materials or Third Party Materials, as applicable;
use any Materials posted on the appromoter Site in any manner that violates or infringes any rights (including any intellectual property rights) of any other person;
disrupt or interfere with the security of, or otherwise cause harm to, the appromoter Site, or any services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the appromoter Site or any linked sites;
transmit unsolicited or bulk communications to any appromoter account holder or to any appromoter.com or affiliated e-mail address or use the appromoter Site as a return address for unsolicited commercial mail originating elsewhere;
post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, malware, Trojan horses, viruses and worms;
create a false identity for the purpose of misleading others;
download any Third Party Materials posted on the appromoter Site that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
disrupt, interfere or inhibit any other user from using and enjoying the appromoter Site, any Materials or services accessible through the appromoter Site, or Third Party Sites linked from the appromoter Site;
breach any licence terms, guidelines or other codes of conduct applicable to a particular Material or service accessible through the appromoter Site or a particular Third Party Site linked from the appromoter Site;
violate any applicable laws or regulations related to the access to or use of the appromoter Site, or engage in any activity prohibited by these Terms;
post or otherwise submit any content, Material or information that is defamatory, racist, inappropriate, indecent, lascivious, lewd, obscene, profane, unlawful, or otherwise objectionable;
prepare, compile, use, download or otherwise copy any appromoter Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
Third Party Materials, Third Party Sites and Third Party Services
Certain Materials from third parties (including other users) may be downloaded from or displayed on the appromoter Site. Links to certain sites and services from third parties may be provided on the appromoter Site. We do not investigate, monitor, or review any of these Materials, sites, or services, and we are not responsible for any of them or any terms and conditions that may apply to them. If we include, link to, or permit use of any of these third party Materials, sites, or services, that does not imply approval or endorsement by us, and if you decide to install or use any of them, you do so at your own risk.
Your communications or dealings with third parties (including developers and publishers of mobile applications) found on the appromoter Site or through the appromoter Services, including delivery of related goods or services, and any terms and conditions associated with those dealings, are solely between you and the third party. You agree that appromoter is not responsible or liable for any loss or damage of any kind incurred as a result of any of those communications or dealings or as a result of the presence of any third party on the appromoter Site.
You should be aware that certain Materials presented to you on the appromoter Site, including but not limited to advertisements and sponsored content within Third Party Materials, Third Party Sites, and Third Party Services, may be protected by intellectual property rights which are owned by the developers, sponsors or advertisers who provide those Materials, or access to those Materials, to appromoter (or owned by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy, decompile, reverse engineer, or create derivative works based on such Materials (either in whole or in part), including but not limited to any such Materials downloaded by you, unless you have been specifically told that you may do so by appromoter or by the owners of those Materials, in a separate written agreement. In addition to these Terms, you agree to comply with any licence or other restrictions imposed by the third-party provider of Materials, sites, or services that you download or access from the appromoter Site.
Account, Password and Security
To access or use certain appromoter Services you may be required to register and obtain an account on the appromoter Site. You will receive (or choose) a password upon completing any such registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (1) immediately notify us of any unauthorised use of your account or any other breach of security and (2) ensure that you fully exit from your account at the end of each session. We will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorised use of your account (unless such use is directly caused by our gross negligence).
Compliance with Law
You agree to comply with (1) all applicable laws regarding your online conduct and Your Materials and (2) all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country where you reside (or the country of which you are a national).
You agree to indemnify and hold harmless us and our Affiliates and partners, and ours and their officers, employees and agents, and other users, from and against any and all loss, cost (including reasonable lawyers’ fees), liability, damage, and expense arising from or relating to any claim or demand made by any third party arising out of or related to your use of the appromoter Site, or any Materials, services, or sites, available on or accessible through the appromoter Site, your connection to the appromoter Site, Your Materials, Your Sites, Your Services, your violation of these Terms, or your violation of any rights of a third party. "Affiliates" are parent companies, subsidiaries, joint ventures, or other companies under common control.
Modification and Termination
You agree that we may, in our sole discretion, terminate your access to or use of the appromoter Site or any Materials, services, or sites, available on or accessible through the appromoter Site (including your account (if any) or any portion of your account (including your password)), and remove and delete any of Your Materials or any links to Your Sites or Your Services within the appromoter Site, for any reason or no reason. appromoter may also in its sole discretion and at any time modify or discontinue providing, temporarily or permanently, the appromoter Site or any Materials, services, or sites, available on or accessible through the appromoter Site, or any parts of the foregoing, with or without notice.
You agree that appromoter will not be liable to you or any third party for any such modification or termination of the appromoter Site or any Materials, services, or sites, available on or accessible through the appromoter Site, or removal or deletion of Your Materials or any links to Your Sites or Your Services within the appromoter Site.
Disclaimer of Warranties
YOUR USE OF THE APPROMOTER SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE APPROMOTER SITE, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE APPROMOTER SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE APPROMOTER SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPROMOTER AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER APPROMOTER NOR ANY USER MAKES ANY WARRANTY THAT THE APPROMOTER SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE APPROMOTER SITE, WILL (1) MEET YOUR REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) HAVE ANY ERRORS CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY APPROMOTER SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL APPROMOTER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE AMOUNTS ACTUALLY PAID BY YOU FOR THE APPLICABLE APPROMOTER MATERIALS OR APPROMOTER SERVICE AND (2) FIFTY BRITISH POUNDS (£50 GBP).
IN NO EVENT SHALL APPROMOTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THE APPROMOTER SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE APPROMOTER SITE, INCLUDING: (1) THE USE OR THE INABILITY TO USE THE APPROMOTER SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE APPROMOTER SITE; (2) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR MATERIALS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER); (3) LOSS OR DELETION OF ANY OF YOUR MATERIALS; OR (4) ANY OTHER MATTER RELATING TO THE APPROMOTER SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE APPROMOTER SITE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PROVISIONS ENTITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
the URL where the Material that you claim is infringing is located on the appromoter Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows through email: firstname.lastname@example.org.
We may update or change these Terms from time to time. We will notify you of any material changes to these Terms by sending you an e-mail to the last e-mail address you provided to us, if any, or by prominently posting a notice of the changes on the appromoter Site. The amended Terms will be effective upon the earlier of thirty (30) days following our dispatch of an e-mail notice to you or thirty (30) days following our posting of notice of the changes on the appromoter Site. It is your responsibility to regularly check the applicable pages of the appromoter Site to determine if there have been changes to these Terms and to review such changes. If you do not agree to any changes to these Terms, you must cease accessing or using the appromoter Site and any Materials, services, or sites, available on or accessible through the appromoter Site, and if you have an account with appromoter, notify appromoter to terminate your account. Continued use of the appromoter Site or any Materials, services, or sites, available on or accessible through the appromoter Site, after any changes in these Terms will indicate your acknowledgement of such changes and agreement to be bound by these Terms as updated.
Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
If you have any questions about these Terms or any additional terms incorporated in these Terms as stated above, you may contact appromoter in the following ways:
By Email: email@example.com
By Post: appromoter Limited
107 Drysdale Street
London N1 6ND, UK
By Telephone: +44 20 3432 9770