Bizness Apps Marketplace Terms of Use
Welcome to Bizness Apps Marketplace!
These Bizness Apps Marketplace Terms of Use (hereinafter referred to herein as, these “Marketplace Terms”) are a legal agreement by and between BiznessApps.com (hereinafter referred to as “Bizness Apps” or with “us” or “we”) and each end user (hereinafter referred to herein as “you” or as a “User” and with “your”) and set forth the terms and conditions that will govern your use of any software application functionality or services provided by Bizness Apps through Bizness Apps’s marketplace (hereinafter the “Marketplace”) and of each mobile application made available from the Marketplace (hereinafter referred to herein as an “App(s)”). Please note that these Marketplace Terms are in addition to and should be read together with the Terms of Service which also govern the use of the Apps or of the provision of additional Bizness Apps Services and are hereby incorporated by reference. Further, Bizness Apps recommends review of its Privacy Policy. Collectively, the Terms of Service, Privacy Policy, and these Marketplace Terms shall be referred to as the “Bizness Apps Terms”.
In order to use any App, you must agree to be bound by these Marketplace Terms. Further access or use of the Marketplace or any App or other acceptance to the Terms of Service or these Marketplace Terms, whichever occurs first, shall constitute your acceptance of the Bizness Apps Terms. Please read the Bizness Apps Terms. Moreover, the Bizness Apps Terms shall apply to all visits that you make or activities you conduct or undertake at or through the Marketplace (or an App therefrom). If you do not wish to comply with the Bizness Apps Terms, you are not permitted to access or use the Apps and should immediately cease any use and uninstall and delete or destroy any Apps or other related materials you have in your possession or control.
- Using and Installing Apps
Effective Date: May 12, 2016
The Marketplace offers to Users the opportunity to license and then access and install particular Apps for use with the mobile application services that Bizness Apps offers. Many of the Apps are developed, offered, provided, and licensed to you by third party developers or licensors (with such entities hereinafter referred to collectively as “Third Party Developers”). Apps offered and provided by Bizness Apps shall be expressly noted, with all other Apps offered and provided by Third Party Developers.
From time to time, we may offer to Users sales, credit point, or other promotions that may be utilized in the Marketplace. Please note that in the event of any promotion, Bizness Apps may subsequently modify or discontinue any such promotions at any time. Additional terms applicable to such promotions shall be separately provided with each such promotion, and Bizness Apps may otherwise provide notice of any modification by direct communication with its Users or through general announcements offered through the Marketplace. Subject to your compliance with the Terms, Bizness Apps hereby grants to you through these Marketplace Terms a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Marketplace for the sole purpose of browsing, locating, or purchasing a license to Apps offered by Bizness Apps or its Third Party Developers. All rights not expressly granted by Bizness Apps are hereby reserved. Accordingly, you are hereby prohibited from using the Marketplace in any manner that is not expressly and unambiguously authorized by these Marketplace Terms. Bizness Apps shall own all right, title and interest in and to the Marketplace and Bizness Apps or its Third Party Developers shall own all right, title, and interest in and to the Apps offered to Users, including without limitation all applicable intellectual property rights in the Apps.
BIZNESS APPS IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY OR PERFORMANCE OF ANY APP OFFERED BY A THIRD PARTY AND YOUR USE OF ANY SUCH APP IS AND REMAINS AT YOUR OWN RISK. ALL THIRD PARTY DEVELOPERS ARE INDEPENDENT PARTIES FROM BIZNESS APPS. BIZNESS APPS HAS NO CONTROL OVER AND SHALL THEREFORE ASSUME NO RESPONSIBILITY FOR ANY APP AND ITS CONTENT, FUNCTIONALITY, PRIVACY POLICY OR TERMS OF USE (AND THE PRESENCE, DISPLAY, TERMS, CONDITIONS, OR POLICIES OF SUCH PRIVACY POLICY OR TERMS OF USE), AND AVAILABLE OR RELATED PRODUCTS OR SERVICES. You hereby acknowledge and agree that Bizness Apps is not responsible and does and will not have any liability for any App offered by a Third Party Developer. Further, in no event shall any reference to any Third Party Developer or any App offered by a third party be construed as endorsement by us of that third party, of that App, or of any product or service provided by such third party on or through such App. Please review the particulars for each App in order to determine the applicable entity that offers, provides, and licenses the App. Bizness Apps is merely an intermediary offering the opportunity for Users to access and use the Apps, and access to and use of the Marketplace shall not be construed as making Bizness Apps a publisher, provider, or licensor of any App that Bizness Apps does not expressly state that it offers and provides through the Marketplace.
The Marketplace or the Apps in the Marketplace may also contain links to third party websites (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by Bizness Apps and are owned, controlled and/or maintained solely by third parties over whom Bizness Apps exercises no control. In addition, Bizness Apps may in its sole discretion provide third party content on the Marketplace (“Third Party Content”). Such Third Party Content is created, edited, published, maintained and transmitted by third parties. Accordingly, Bizness Apps hereby expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Content appearing on the Marketplace, or (ii) the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links in the Marketplace. Moreover, the Third Party Sites and Third Party Content do not imply an endorsement by Bizness Apps with respect to any third party, any third party content, any website, network, page, or the products or services provided by any third party.
In addition, the Apps in the Marketplace may allow for access to certain third party services, including, without limitation, API platforms, marketing and advertising services, social network platforms, publication and delivery services, e-commerce services, and other services (with such third party services hereinafter referenced collectively as “Third Party Service(s)”). In connection with utilizing any Third Party Service, please note that you may need to accept additional updates or upgrades to certain Apps from time to time in order to continue your use of the App or use of the App through the Marketplace. In connection with utilizing any Third Party Service, please also note that such Apps may collect or use certain data, including personally identifiable information. Please review the respective privacy policies offered by each App.
Bizness Apps is not responsible and does and will not have any liability for any Third Party Service.
Please also note that Bizness Apps may terminate its use of or any Marketplace’s utilization (and any App’s (available therefrom) utilization) of any Third Party Service in its sole discretion at any time and with or without notice to you. Any such termination may result in the inability to utilize certain features of the App offered through the Marketplace. Further, Bizness Apps is not responsible for such termination.
By downloading, accessing, or using the Marketplace, you represent and warrant that (i) you are at least 18 years of age or the legal age of majority; (ii) you will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Bizness Apps through the Marketplace; and (iii) pay all required fees through any payment method prescribed and/or permitted by Bizness Apps, including, without limitation, through a credit card or any online payment processing service. Any breach of the foregoing representations and warranties entitles Bizness Apps to immediately terminate the Bizness Apps Terms and/or seek any and all remedies available at law or equity.
Registration for access to and use of the Marketplace may require both a user name and a password and adherence to other particular access requirements as designated by Bizness Apps in its sole discretion from time to time for your account. You hereby agree to consider your user name and password as confidential information and not to disclose such information to any third party without the prior express written consent of Bizness Apps, which may be withheld in its sole discretion. You shall immediately notify Bizness Apps if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Bizness Apps will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. These Marketplace Terms provide only a limited license to access and use the Marketplace. Accordingly, you hereby agree that Bizness Apps transfers no ownership or intellectual property interest or title in and to the Marketplace to you or anyone else in connection with your use of the Marketplace. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Marketplace are exclusively owned, controlled, and/or licensed by Bizness Apps or its members, parent(s), licensors, or affiliates. BIZNESS APPS and all other names, logos, marks, and icons identifying Bizness Apps and its products, and/or services are owned exclusively by Bizness Apps, and any use of such marks without the prior express written permission of Bizness Apps is hereby expressly prohibited. Other trademarks or service marks identified on or through the Marketplace may be the trademarks or service marks of third parties, including Third Party Developers.
Any review, feedback or other submissions you make to Bizness Apps on or through the Marketplace, including, without limitation, any information you provide to Bizness Apps through any registration process and/or forum (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for Bizness Apps to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary
- Payment Terms, Cancellations and Refunds
a. Free Apps and Consideration for Using the Apps
Apps, whether offered by a third party or by Bizness Apps, may be provided for with or without a fee. In addition, both Bizness Apps and Third Party Developers may impose, in its and their sole discretion, additional conditions or limitations on your access and use of certain Apps. Such additional conditions or limitations shall be identified or provided by notice in connection with each applicable App. In the event use of an App requires a certain fee(s), applicable fees or conditions shall be further identified or provided by notice in connection with each applicable App. Please note that purchasing of the App is generally final, and no returns, replacements or refunds will be permitted unless otherwise noted. Bizness Apps, however and in its sole discretion, may refund the purchase of an App if the App does not work properly. Such refund does not and will not include any obligation to issue the same or similar refund in the future. Pricing and availability of any and all Apps remains subject to change at any time in Bizness Apps or Third Party Developer’s sole discretion and particularly for changes due to your designated country on your billing account. The Marketplace shall identify the then current fee, availability, or applicable terms, conditions, or limitations, at the time of download or access. There may also be some technical challenges in the conversion rates of certain currencies. If you encounter such difference, you may contact us at [email protected] and Bizness Apps will address such payment issue on a case-by-case basis. You are solely responsible for the payment of all fees and taxes (in each case, if any) for any App that you obtain from the Marketplace. Moreover, when you indicate that you wish to license an App, you hereby authorize Bizness Apps to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such App from time to time, and as and when such payments become due. Please note that for Apps from Third Party Developers, Bizness Apps shall serve only an intermediary role in facilitating or collecting the applicable fees and taxes from you.
b. Price Changes.
Apps, When you license an App that requires a fee payment, please note that Bizness Apps or the Third Party Developer shall apply the fee in effect at the time of download or request to license the App (or one if its features). Bizness Apps shall identify or provide notice of the applicable fee at the time of download or request for license. Bizness Apps and its Third Party Developers reserve the right to change the fees owed for any App (or one of its features). If Bizness Apps or the Third Party Developer later increases an on-going subscription or other periodic fee for an App, the increase will apply against the next payment due. For Apps requiring an on-going subscription or other periodic fee, if you do not wish to continue being assessed a fee for use of the App, you may delete and otherwise stop all use of the App and provide Bizness Apps with notice thereof using [email protected]. Following such deletion and the provision of notice to Bizness Apps, you will not be charged further amounts for the App, provided you have notified us before the end of the current billing period. You will not receive a refund for the current billing period.
- Data
a. Bizness Apps & Data Collection
The use of the Marketplace and any of the Apps may provide Bizness Apps with data relating to the download, use and performance of an App or Apps, as well as information regarding your use of the App and the Marketplace. For example, the use of an App from the Marketplace may provide Bizness Apps with data about the device type, network connectivity, location of the device running an App, information about when an App is launched, individual session lengths for Apps, or why an App may not be working. The Marketplace also utilizes a Bizness Apps proprietary to captures data from a variety of actions or “activities” made through an App, such as contact information, messages, navigation, purchases, bookings, and more. All of this data or activity data is and will be stored and managed by Bizness Apps in a centralized database. Please note that Bizness Apps may share related data with you, Third Party Developers or with other third party business partners that will work with Bizness Apps in connection with the Marketplace or the provision, hosting, support, implementation, or the conduct of transactions through an App(s). In addition, Third Party Developers may store and manage such data provided through their Apps that you have chosen to install on your website, and may share such data with other Apps that are installed on the same website. With Bizness Apps creating an environment whereby Bizness Apps and its Third Party Developers can generate business processes using Apps and the data collected therefrom and shared (as noted above) in order to improve the functionality of the Marketplace and the Apps available therefrom and to allow Users to use related Apps or associated Marketplace functionality.
b. Data Protection.
Bizness Apps recommends, and in some circumstances requires, that all Third Party Developers for the Apps in its Marketplace post a privacy policy or other statement describing the applicable App’s privacy practices regarding how personally identifiable information is collected, shared, and used by or through an App and its respective App provider, whether Bizness Apps or a Third Party Developer. Please note that any data collection will be pursuant to the privacy policy or statement of the provider of such App. Moreover, please note that Bizness Apps does not review and is not responsible for the practices of any Third Party Developer. Bizness Apps shall not be responsible for the privacy policy or statements of any Third Party Developer. Bizness Apps encourages you to read not only the Bizness Apps Privacy Policy but also the relevant available privacy policies of Third Party Developers for each of your Apps. In addition, by installing an App, you hereby acknowledge and agree that you are solely responsible for your own compliance with applicable privacy restrictions, laws and regulations, including for your own use of an App(s) and other data activities you may conduct or may permit third parties to conduct.
For more information about collection and sharing of data by Bizness Apps through the Marketplace, please read Bizness Apps’s Privacy Policy.
- Use of and Restrictions on Apps
a. Restrictions on App Usage.
Any actual or attempted use of the Marketplace by you in violation of these Marketplace Terms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Bizness Apps reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Marketplace (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Marketplace. Bizness Apps may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. Bizness Apps will also disclose User Information as required by any court order and/or subpoena. In addition, Bizness Apps hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the Marketplace, or any portion thereof, in order to protect the Marketplace, Bizness Apps, or the business interests of Bizness Apps and/or its members and affiliates.
The right to use the Marketplace or any App is limited and will be further determined by the Bizness Apps Terms and the terms and conditions provided by an applicable Third Party Developer. All rights not granted by Bizness Apps or a Third Party Developer are reserved. In particular, you hereby agree not to directly or indirectly undertake the following: (a) sell, resell, lease, license, or sublicense the Marketplace or any App. ; (b) attempt to reverse engineer the Marketplace or any App (or any component of either); (c) attempt to create a substitute or similar marketplace, Marketplace, or application through use of, or access to, the Marketplace or any App; or (d) use the Marketplace or any App to store or transfer any restricted or unlawful data, including, without limitation, any Marketplace data that is controlled for export under export control laws and re-export control laws and regulations, such as, without limitation, the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the U.S. Department of State.
b. Removal or Unavailability of Apps.
All Apps are only available to you in the Marketplace for long as Bizness Apps has the right to make such App available or, in the case of Apps provided by Bizness Apps, for as long as Bizness Apps determines, in its sole discretion, to make its own App available. Bizness Apps therefore reserves the right to remove or suspend the availability of any App from the Marketplace for any reason and with no obligation to provide any explanation or notice. Please review the Marketplace from time to time to determine current App availability. In addition, if for some reason your account at Bizness Apps was disabled or accessed in an unauthorized manner, then you may be prevented from accessing the Marketplace or any files or any Apps that are associated with your Bizness Apps account. Bizness Apps does not provide any representation, warranty, or guarantee regarding its ability to store any data with or as a part of the Marketplace (or any App available therefrom). Please keep a back-up of any data that may be stored with the Marketplace (or any App). Marketplace Bizness Apps will not be responsible for any lost data for any reason.
c. Disclaimer of Warranty.
BIZNESS APPS PROVIDES THE MARKETPLACE AND ALL APPS, WHETHER DEVELOPED BY BIZNESS APPS OR A THIRD PARTY DEVELOPER, ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS, INSTALL, OR USE AN APP, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AS APPLICABLE TO THE MARKETPLACE (AND ANY APP AVAILABLE THEREFROM), BIZNESS APPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
d. Limitation of Liability.
IN NO EVENT IS BIZNESS APPS LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING SUCH DAMAGES IN THE NATURE OF LOST DATA, PROFITS, OR REVENUE, EVEN IF BIZNESS APPS KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. MOREOVER, FOR ANY AND ALL DAMAGES OR LIABILITY, BIZNESS APPS WILL NOT BE HELD LIABLE FOR THE USE OF THE MARKETPLACE OR APPLICABLE THAT GAVE RISE TO THE DAMAGE FOR MORE THAN THE AMOUNT PAID BY YOU TO BIZNESS APPS DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
e. Changes.
BIZNESS APPS MAY MODIFY THE BIZNESS APPS TERMS, INCLUDING THESE MARKETPLACE TERMS, AT ANY TIME. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON BIZNESS APPS MARKETPLACE OR PROVIDING DIRECT NOTICE THROUGH EMAIL TO THE ADDRESS YOU PROVIDE. YOUR USE OF THE MARKETPLACE, INCLUDING ACCESS TO ANY APP AVAILABLE THEREFROM, FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES AND CONTINUED ACCEPTANCE OF THESE MARKETPLACE TERMS (THEN IN EFFECT). BIZNESS APPS RECOMMENDS THAT YOU REVIEW THE BIZNESS APPS TERMS, INCLUDING THESE APP MARKET TERMS, ON A PERIODIC BASIS.
- Miscellaneous
a. Dispute resolution and waiver of class actions..
Subject to Bizness Apps’s right to seek injunctive relief, and except to the extent prohibited by applicable law, you hereby agree to resolve any dispute relating to or arising out of these Marketplace Terms or Bizness Apps’s performance in connection therewith only as set forth in this section. You may initiate a dispute with Bizness Apps by sending a written notice to [email protected], specifying with as much detail as possible the nature of your dispute, what you request as resolution and submitting any documentation that you feel would be useful for Bizness Apps to review in order to resolve the dispute. If we cannot resolve the dispute by negotiating in good faith within thirty (30) days of the date on which we receive your written notice, you hereby agree that any dispute relating to or arising out of these Marketplace Terms or Bizness Apps’s performance in connection therewith shall be subject exclusively to binding arbitration in accordance with the Federal Arbitration Act and the Rules of the American Arbitration Association (AAA) (the AAA’s rules are available at www.adr.org or by calling (877) 495-4185). Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. Notwithstanding anything in this section to the contrary, any dispute relating to our intellectual property or proprietary rights or your misuse of the Marketplace, may be brought by us in any court of competent jurisdiction. In addition, you hereby agree that (i) you or anyone on your behalf will bring claims against Bizness Apps or its affiliates in your or their individual capacity only and not as plaintiff or class member in any purported class or representative proceeding; and (ii) in any arbitration or court proceeding, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Moreover, you hereby agree that Bizness Apps has the right to seek attorneys’ fees from you.
b.Waiver & Severability.
Bizness Apps’s failure to insist upon strict performance of any of the terms and conditions of these Marketplace Terms by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Marketplace Terms is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of these Marketplace Terms shall continue in effect.
c. General.
These Marketplace Terms have been made in and will be construed and enforced in accordance with the laws of the United States of America, without respect to its conflict of laws principles. Any claim or dispute between you and Bizness Apps that arises in whole or in part from the Bizness Apps website shall be decided exclusively by a court of competent jurisdiction located in the United States. YOU AND BIZNESS APPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE MARKETPLACE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No joint venture, partnership, employment, or agency relationship exists between you and Bizness Apps as a result of these Marketplace Terms or your utilization of the Marketplace. Headings are for convenience only. These Marketplace Terms along with the Bizness Apps Terms represent the entire agreement between you and Bizness Apps with respect to use of the Marketplace, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and Bizness Apps with respect to the Marketplace. You may not assign or transfer any rights under these Marketplace Terms without the prior express written consent of Bizness Apps, which may be withheld in Bizness Apps’s sole discretion.