If you do not agree with any of these Terms of Service, please do not use or access Appraw, and if you do not agree to any changes we make in the future, you must terminate your registration with Appraw.
You are solely responsible to arrange and to pay for any service fees associated with your ability to access Appraw as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of Appraw, any equipment, software or other usage that may cause any interference with the Service shall result in immediate disconnection from the Service.
Eligibility to Use Appraw. In order to use Appraw as a member or a visitor you must affirm that (i) you are able to understand, accept and abide by these Terms of Service; (ii) all registration information you provide will be accurate and truthful and you agree to update this information in a timely fashion; (iii) you are at least 16 years of age or older; and (iv) if you are not yet at least 18 years of age you are an emancipated minor or have consent of your parent or legal guardian. If you are not at least 16 years of age, unfortunately you cannot use Appraw. Please speak to your parents or guardian about another service that may be appropriate for you.
Termination. Should you violate or breach these Terms of Service, Appraw reserves the right, at its sole discretion and without notice, to suspend or terminate your membership, any and all content and information you may have provided and your ability to access any part of Appraw. Users with suspended or terminated accounts are prohibited from creating new accounts on Appraw. Even after termination of your account or access to Appraw, provisions 5, 9, 10, 11 and 12 of these Terms of Service shall remain in effect.
Your Responsibility for Your Conduct. You alone are responsible for your conduct on Appraw and for all the content you provide. Content may be provided to and appear on Appraw as text, graphics, images, audio, video, digital files, software or in other format (collectively, "Submissions"). Appraw does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. Appraw expressly disclaims any and all liability in connection with any and all such Submissions.
Your Responsibility for Your Safety. If you are 18 years or older, or are an emancipated minor, you alone are responsible for your physical and financial safety when you post information about yourself on Appraw, communicate with other members of the Appraw community or otherwise access services provided by Appraw. If you are under 18 years old and not an emancipated minor, both you and your parents or legal guardian are responsible for your physical and financial safety when you post information about yourself on Appraw, communicate with other members of the Appraw community, or otherwise access services provided by Appraw.
Member Disputes. You are solely responsible for your interactions with other Appraw members. Appraw reserves the right, but has no obligation, to monitor disputes between you and other members, and to take any action that Appraw, in its sole discretion, deems appropriate including but not limited to terminating the member account of any or all parties to the dispute.
When you provide Submissions to Appraw, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to Appraw, you grant Appraw (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
Other than Submissions you provide to Appraw, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively, "Appraw Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to Appraw, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all Appraw Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of Appraw or the respective owners. Appraw reserves all rights not expressly granted to you. If you download, print or display any Appraw Content for personal use, you must retain all copyright and other proprietary notices.
Representations About Content You Provide. When you provide any Submissions to Appraw, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you:
Prohibited Content Submissions. You may not create a user name, post, upload, email or otherwise transmit to Appraw Submissions of any kind that is, within the sole discretion of Appraw, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to content that:
Website Policies. In addition, agree to adhere to all of the following guidelines and requirements:
Despite these prohibitions, Submissions and/or websites that link to Appraw that may violate these Terms of Service may be available on the Service and Appraw assumes no responsibility or liability. If you become aware of such Submissions, please contact Appraw by clicking the "Report Abuse" link on the appropriate web page.
Provided with proper notification and documentation, Appraw will remove any Submission that infringes upon the intellectual property rights of another and reserves the right to remove any Submission without prior notice. Appraw assumes no responsibility for monitoring the Service. In the event Appraw chooses to review any Submission (such review is solely within Appraw's discretion), Appraw assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, Appraw may remove any Submission and/or terminate a member's account for violating any of these Terms of Service at any time and without notice. Appraw will terminate a member's account who is determined to have been notified of infringing activity multiple times and/or has had a Submission removed from the Service multiple times for infringing activity. Appraw reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to Appraw requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Appraw a counter-notice. All notices with respect to Appraw should be sent to the Appraw Copyright Agent. Appraw suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that Appraw shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
Appraw's designated Copyright Agent to receive notifications of claimed infringement is:
Only DMCA notices should go to the Copyright Agent. Any other request, feedback or comments should be sent via our contact form.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPRAW, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (HEREINAFTER "APPRAW GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
APPRAW GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND APPRAW GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUENCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
APPRAW GROUP IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. APPRAW GROUP MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCTS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, APPRAW GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.
Appraw reserves the right to change any and all content, software and other items used or contained at Appraw and any services and applications offered through the Appraw site at any time without notice.
IN NO EVENT SHALL APPRAW GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF APPRAW GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APPRAW GROUP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT APPRAW GROUP IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.
You agree to defend, indemnify and hold harmless the Appraw Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Please contact us at Appraw should you have any questions regarding these Terms of Service.