RateMyApp™ Terms and Conditions
1. ACCEPTANCE OF TERMS
The RateMyApp™ service, its website(s), and all linked pages are referred to herein as “RateMyApp™”, which is owned and operated by Appency LLC in the State of California, United States of America. By accessing, using, viewing or downloading content, or transmitting information or data on or by virtue of RateMyApp™, accessing or using third-party content or services in conjunction with or by virtue of RateMyApp™ – including but not limited to accessing third-party websites, downloading mobile applications for review, using those applications, or transmitting information or data to third parties – you expressly agree and assent to, and agree to be bound by, the Terms and Conditions (“Terms and Conditions”) described below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING ANY CONTENT OR SERVICES OF RATEMYAPP™, OR ENGAGING IN ANY ACTIVITY OCCASIONED BY SUCH ACCESS OR USE. IF YOU DO NOT AGREE TO THE ENTIRETY OF THE TERMS, YOU MAY NOT ACCESS OR USE RATEMYAPP. APPENCY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATION
The owners of RateMyApp™ reserve the right, at their sole discretion, to modify or replace the Terms and Conditions at any time. If the alterations constitute a material change to the Terms of Conditions, you may be notified via email if you have provided one. We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of RateMyApp including but not limited to content, features or hours of availability. We may limit certain features of RateMyApp™ or restrict your access to part or all of RateMyApp™ without notice or penalty. We reserve the right to refuse service to anyone for any reason at any time.
Particular Terms And Conditions
3. AGE
You must be 13 years and older to use RateMyApp™. If you are under the age of majority in your jurisdiction, your use of RateMyApp™ is conditioned upon your parent or legal guardian’s consent.
4. RESPONSIBILITY FOR CONDUCT AND ACTIVITIES
You are personally and solely responsible for your conduct (including any conduct occurring under your screen name, iTunes name or other online or electronic identity controlled by you) and any information, data, text, identifying information, graphics, images, forum use, profiles, links, or communications that you submit, post, and display on the RateMyApp™ website or in any private or publicly-accessible forum in conjunction with your use of RateMyApp™.
5. NO ABUSE
You must not abuse, harass, threaten or intimidate other RateMyApp™ users or RateMyApp™’s owners, staff, customers, clients, vendors, or advertisers.
6. NO ILLEGAL OR UNAUTHORIZED CONDUCT; DISCLOSURE TO AUTHORITIES
You may not use RateMyApp™ for any illegal or unauthorized purpose or otherwise violate any laws in your jurisdiction (including but not limited to copyright laws) in your use of RateMyApp™. You agree that RateMyApp™ and its owners, at their sole discretion, may share your usage data and identifying information with appropriate government and law enforcement personnel in compliance with any investigation into illegal or unauthorized activity, or to comply with applicable laws or court process. International users agree to comply with all local laws regarding online conduct and acceptable content, and further agree to comply with all laws of the United States of America regarding such conduct and content.
7. NO COMPETITORS
By rating, voting, or reviewing any App in conjunction with your use of RateMyApp™, you agree that you are not an agent or employee of a competitor of RateMyApp™ or of the developer, retailer or marketer of the App being rated, voted or reviewed.
8. NO DISHONEST PRACTICES
You must not engage in or solicit others to engage in dishonest practices relating to RateMyApp™, including conduct designed to interfere with or misuse the voting, rating, comment or review process, including but not limited efforts to artificially inflate or altering the vote count, creating separate user accounts for such purpose, giving or receiving money or other remuneration for votes, ratings or reviews; or otherwise participating in any effort to artificially alter the results of RateMyApp’s™ services.
9. NO HACKING
You must not modify, adapt or hack RateMyApp™ or modify another website so as to falsely imply that it is associated with RateMyApp™. You must not transmit any worms or viruses or any code of a destructive nature. You must not engage in spamming, phishing, flaming, or unauthorized solicitation of commercial activity on RateMyApp™.
10. VOLUNTARY PARTICIPATION
You agree that entering any competition on RateMyApp™ is done so at your own will, and that you are not required nor expected to purchase any product or service for eligibility. You may be required to exhibit a skill such as writing an application review in order to enter. You must not enter or participate in such competition if you have not attained the age of majority, or if your entry, participation, or the competition are prohibited by law, in your jurisdiction.
11. DISCLAIMER
RateMyApp™ is not responsible for any application offered or any aspect of any application appearing either on RateMyApp or on an advertiser’s web banner or hyperlink located on RateMyApp’s™ website. RateMyApp™ may remove any content and RateMyApp™ accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report abuse of these Terms and Conditions, please email: aaron@appency.com.
12. COPYRIGHT
We claim no intellectual property rights over the Apps listed or provided on RateMyApp. Your profile and materials submitted remain yours. You can clear your profile at any time by emailing liz@appency.com. RateMyApp undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following: (1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf; (2) A description of the copyrighted work claimed to have been infringed; (3) A description of the infringing material and information reasonably sufficient to permit RateMyApp to locate the material; (4) Your contact information, including your address, telephone number, and email; (5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement signed by you under the penalty of perjury in the State of California, that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
13. TERMINATION
This agreement represents a required agreement between you and RateMyApp™ until terminated by you or RateMyApp™, which RateMyApp™ may do at any time, without notice, in its sole discretion. If you become dissatisfied with RateMyApp™, your only alternative is to immediately discontinue use of RateMyApp™ and ask for your published profile or details to be removed by us.
14. APPLICATIONS
By submitting any mobile media software application (“App”) for review by RateMyApp™ or its users, you agree that such application does not contain any undisclosed or otherwise non-obvious content of a harmful, damaging, malicious, libelous, infringing, defamatory, obscene, pornographic, abusive or offensive nature, or which otherwise violates any law or the rights of any third party or violates these Terms and Conditions.
15. LICENSES
By submitting any proprietary titles, graphics, images, or promotion materials (“Materials”) to RateMyApp™ in conjunction with submission of an App for review, the submitting party represents and warrants that they have full right and title to such Materials, and authority to license use of the Materials by others, and grant RateMyApp’s™ owners a revocable license to publish, re-post, distribute, exhibit, and use such materials in connection with the App. The submitting party also grants RateMyApp’s™ owners a revocable license to use the Materials, when properly credited, in their own promotional materials.
16. RELEASE AND INDEMNITY
By submitting any App, the submitting party agrees to release and hold harmless, and indemnify and defend, RateMyApp™ and Appency, their owners and partners, agents or agencies, affiliates, advertisers, employees, successors, heirs or executors from and against all damages, injuries, claims, causes of action, or losses of any kind arising or resulting from the App or its use by any person, except only for the sole gross negligence or willful act of RateMyApp™ or Appency’s personnel acting within the scope of their agency or employment. RateMyApp™ is not responsible for any App offered nor is it responsible for the delivery of any App. RateMyApp™ is not responsible for reviewing any App for malicious code, viruses, Trojans, worms, errors, omissions, or for ensuring its adaptability or performance on any particular platform or media, mobile or otherwise.
17. PENALTY FOR UNAUTHORISED USE
Unauthorized use of the website(s), content, media, name, trademarks or trade names of RateMyApp or its owners in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
18. TRADEMARKS
“RateMyApp” is the trademark of its owner(s). All other proprietary tools within the website(s), materials and media of RateMyApp™ are trademarks or intellectual property of Appency. All other brands and names are the property of their respective owners. All graphics on the website(s), materials, unique content (including these Terms and Conditions) and media of RateMyApp™ are trademarks and/or intellectual property of RateMyApp™ and Appency, or their affiliated people or entities. Use, reproduction, copying, or redistribution of trademarks or intellectual property, without the written permission of RateMyApp™ and Appency, or if applicable their affiliated people or entities, is prohibited. All other trademarks, avatars or servicemarks appearing on the Site are the marks of their respective owners.
19. DISPUTES, VENUE AND FEES
In the event of a dispute arising under or relating to these Terms and Condition, no party shall refuse an initial demand for informal resolution mediated by a mutually agreeable third party neutral whose costs shall be equally split by the parties to such dispute. Any litigated disputes arising under or relating to these Terms and Conditions, in which RateMyApp™, Appency, or their personnel are proper named parties, shall be in the County of Sacramento, State of California, and the prevailing party shall be entitled to recover reasonable attorney’s fees.
