AppVital | Cloud File Uploader | Terms of Use

Our Terms of Use

This AppVital.com Internet Website User Agreement ("Agreement") is between you and AppVital.com (AppVital), with a principal place of business in Dallas, TX, United States of America. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the AppVital.com Services. By using the AppVital.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the AppVital.com Website) or you are a "Subscriber" (which means that you have subscribed to AppVital services). The term "User" refers to a Visitor or a Subscriber. You are only authorized to use the AppVital.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Use of the AppVital.com Internet Website (the "AppVital.com Website" and "Website") signifies your agreement to the terms and conditions of use set forth below in this Agreement: 1. Use of Website Conditioned upon Agreement. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE AppVital.com WEBSITE. (Your failure to read this Agreement will not excuse you from its terms and conditions of use.) Please read this Agreement carefully and save it. If you wish to become a Subscriber, communicate with other Subscribers and make use of the AppVital.com Services, you must read this Agreement and indicate your acceptance during the Registration process.

If you do not agree to these terms and conditions of use, you may not access or otherwise use the Website. By using the Website, you acknowledge that you have read this Agreement and that you agree to be contractually bound by it.

Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your subscribership in the Service. This Agreement may be modified by AppVital from time to time, such modifications to be effective upon posting by AppVital on the Website. This Agreement includes AppVital's Acceptable Use Policy, Content Posted, and Code of Conduct on the Website. By accessing the Website or becoming a Subscriber, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Eligibility

By using the AppVital.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are under the age of 18 you have permission from your legal guardian to utilize AppVital.com Services. (d) Your use of the AppVital.com Services does not violate any applicable law or regulation. (e) Your profile may be deleted and your Subscribership may be terminated without warning, if we believe you are not "eligible" to utilize the site's services.

Term

This Agreement shall remain in full force and effect while you use the AppVital.com Services or are a Subscriber. You may terminate your Subscribership at any time, for any reason, by following the instructions on the Subscriber's Account Settings page. AppVital.com may terminate your Subscribership at any time, without warning.

Electronic Form

By accessing the Website or becoming a Subscriber, you consent to have this Agreement provided to you in electronic form.

Content Posted and Code of Conduct

You agree to use the AppVital.com's service in accordance with the following content posted and code of conduct guidelines:

  1. Will not create more than one account.
  2. Will not upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any Content, in whole or in part, for any purpose whatsoever except as expressly authorized in this Agreement; and to do so in any manner exceeding the scope of your rights to use such Content (e.g., license rights associated with premium content or subscription-based materials), without permission from the Content owner, or otherwise in violation of another person's rights to such Content.
  3. Will not upload, copy, distribute, share, or otherwise use Content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, pornographic, threatening, racially or ethnically offensive, abusive, that would violate another person's rights, constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, national, or international law or regulation, or that is otherwise inappropriate.
  4. Will not upload, copy, distribute, share, or otherwise use unsolicited or unauthorized advertising or promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. To protect our Subscribers from such advertising or solicitation, AppVital reserves the right to restrict the number of emails that a Subscriber may send to other Subscribers in any 24-hour period, to a number that AppVital.com deems appropriate in its sole discretion.
  5. Will not upload, copy, distribute, share, or otherwise use Content that contains or embodies software viruses, worms, Trojan horses, bugs, or any other malicious computer code that is designed to interrupt, undermine, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or that is designed to perform functions on any software, hardware, or equipment without the owner's express consent.
  6. Will not disclose your password or transfer your account to any third-party, or allow any third-party to access your account.
  7. Will not impersonate any person or entity, including without limitation AppVital.com officials, staff, and/or Subscribers.
  8. Will not access the Service by any means other than through the interface provided by AppVital.com for use in accessing the Service. This includes not using or launching any automated system, including without limitation any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to the AppVital.com servers in a given time period than a human reasonably can produce in the same time period using a conventional online Web browser. Notwithstanding this, AppVital grants the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of creating publicly available, searchable indices of such Content, but not caches or archives of such Content. AppVital reserves the right to revoke these exceptions, in general or specific instances.
  9. Will not interfere with or disrupt the Service or servers or networks connected to the Service, make the Service available over a network (other than AppVital.com's network) where it could be used by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
  10. Will not use the Service to artificially generate traffic or page links to a Website or for any other purpose not intended for personal, noncommercial use of the Service.
  11. Will not collect, harvest, or store any personally identifiable information, including Subscriber account information, from the Service.
  12. Will not translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Service, in whole or in part.
  13. Will not circumvent, disable, violate, or otherwise interfere with any security related feature of the Service, or any technology or feature that restricts or prevents copying or use of Content or that enforces limitations on use of the Service or Content.
  14. Will not rent, lease, sublicense, transfer, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including without limitation your account information), use of the Service, or access to the Service.
  15. Will not use the Service to harass or "stalk" anyone.
  16. Will not upload Content that exploits anyone under the age of 18 in a sexual or violent manner, or that solicits personally identifiable information from anyone under the age of 18.
  17. Will not use the Service in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act, 8 U.S.C. P 1189.
  18. Will not use the Service in any way that violates the terms of this Agreement, or that aids, encourages, or purports to authorize anyone else to violate the terms of this Agreement.
  19. Will not use the service in any way that intentionally or unintentionally violates any applicable local, state, national, or international law or regulation.
  20. Will follow the following rules while participating on the site. Any disregard for these rules or any of the other terms or guidelines may result in termination of a subscriber's account.
    1. No use of profanities or swear words.
    2. No personal attacks against other subscribers or a subscriber's opinions.
    3. No use of racial, sexual or religious slurs.
    4. No threats or implications thereof.

Fees

The Service is a pay-service for the Non-Free plans. AppVital reserves the right to charge fees for your use of the Services, as described during the account registration process or when making changes to your account plan. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

Refund Policy

All sales are final. AppVital is not obligated to provide refunds or credits for partial months or years of the Service, upgrades or downgrades, or unused time during your subscription.

Proprietary Rights in Content on AppVital.com

You acknowledge and agree that the Service uses and contains proprietary and confidential technology and information owned by or licensed to AppVital, and protected by applicable intellectual property and other laws and international treaties. You are not granted any right or license with respect to the trademarks of AppVital.com, AppVital, or any third-party. You further acknowledge and agree that Content contained in sponsor advertisements or displayed, streamed, or otherwise made available through the Service may be protected by applicable intellectual property and other laws and international treaties.

Subscriber Disputes

You are solely responsible for your interaction with other AppVital.com Subscribers or users, whether online or offline. AppVital reserves the right, but has no obligation, to monitor disputes between you and other Subscribers or users. If you have a dispute with one or more Subscribers or users, you release AppVital.com and AppVital (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code P1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy

As explained herein, use of the Site and Service is also governed by our "Privacy Policy".

Disclaimers

The Service (including any software contained therein and third-party services such as CDN services) is provided "AS-IS" and "AS-AVAILABLE". Any use of the Service is at your own risk. To the maximum extent permitted by applicable law, AppVital expressly disclaims all warranties, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. AppVital makes no representation or guarantee that the Service will be free from loss, damage, destruction, corruption, interference, viruses, worms, bugs, Trojan horses, attacks, hacking, or other security breaches; and AppVital disclaims any liability relating thereto. AppVital cannot guarantee and does not promise any specific results from use of the Service or Internet. You are solely responsible for creating and maintaining your own personal backup of any of your Content Uploaded to AppVital, CDNs and other resources used by AppVital.

Service Levels

The Service may be unavailable from time to time for maintenance or other reasons. Under no circumstances shall AppVital be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communications, or any other delay or failure in performance. Without limiting the foregoing, AppVital shall not be held liable for any problem, technical malfunction, or failure of the Internet or any telecommunications equipment, network, or line, computer online system, server or provider, computer or other equipment, email, media player, or other software or hardware - whether resulting from technical problems, traffic congestion on the Internet or at any Website or combination thereof, or any other reason. AppVital shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond AppVital's reasonable control, including without limitation other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of Third-Parties, or loss of or fluctuations in heating, lighting, or air conditioning. AppVital shall not be held liable for any loss, damage, injury, or death of any person, or any loss or damage to any computer or other equipment, resulting directly or indirectly from participation in the Service, from accessing or using Content or other materials in connection with the Service, and/or from any other reason set forth herein. Without prior notice, AppVital may modify, suspend, or discontinue any part of the Service (including any Content) or your use of them; and in the event AppVital does so, it will not be liable to you or any third-party.

Inaccuracies

You acknowledge that your Uploading of any Content to AppVital.com is done at your own risk. AppVital shall not be held liable for any loss, damage, or injury relating to such Content in any way. AppVital shall not be held liable for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users, Subscribers, or any equipment or programming associated with or used in the Service. AppVital shall not be held liable for the conduct of any Subscriber or user. Under no circumstances shall AppVital be held liable for any loss, damage, or injury, including without limitation personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to Subscribers, or any interaction between Subscribers or users, whether online or offline.

Third-Parties

Your use of AppVital's internal storage and CDN services is subject to the AWS terms at AWS Reseller Customer LicenseTerms. Some of the Content, products, and services available through the Service may include materials belonging to Third-Parties. AppVital or its partners may present advertisements or promotional content on or through the Service. AppVital has no control over and does not warrant, endorse, guarantee, or assume liability for any Content, product, or service that is advertised, promoted, or offered by a third-party through the Service or any hyperlinked Website, or featured in any banner or other advertising. Your dealings with, or participation in promotions of, any third-party advertiser on or through the Service are solely between you and the third-party. You agree that AppVital shall not be held liable, directly or indirectly, for any loss, damage, or injury of any kind incurred as a result of any such dealings or the presence of such Third-Parties on the Service. As when dealing with any product or service provider, you should use your best judgment and exercise caution as appropriate.

AppVital Web Links / URLs

AppVital provided CDN, file or page URLs is not intended to survive indefinitely. AppVital will use commercially reasonable efforts to maintain these placeholder URLs for a reasonable period of time.

Reservation of Rights

AppVital reserves the right, in its sole discretion, to modify, delete, or otherwise change a Subscriber's username, URL address, content, or account with or without notice, at any time, and without liability. AppVital reserves the right to use profile pictures, user names, and/or URL addresses of Subscribers on the Site, including without limitation on our "Sign Up" page, "Home" page, "Subscriber" page or in emails in connection with advertisements and promotion of AppVital.com. AppVital also reserves the right to use any uploaded photos, usernames, URL addresses, or account information on any additional domain names that reflect a similar debating environment.

Limitation on liability

IN NO EVENT SHALL APPVITAL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF AppVital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AppVital OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD-PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT APPVITAL SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR OTHER THIRD-PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPVITAL'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO APPVITAL FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS APPVITAL, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION, DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD-PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD, YOUR USE OF CONTENT ACCESSED FROM THE SITE OR SERVICE, YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.

Disputes

By visiting the Site and/or Service, you agree that the laws of the United States and the State of Texas, without regard to principle conflict of laws, will govern these Terms of Use and any dispute that may arise between you and the Company or our affiliates.

Notices

AppVital may provide you with notices, including without limitation notices regarding changes to the Agreement, by email, regular mail, or postings on the Service. Unless the notice states otherwise, it will become effective immediately.

United States Export Controls

To the extent that software used in connection with the Service ("Software") is subject to U.S. export controls, it may not be downloaded from the Service or otherwise exported or re-exported: (A) into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Miscellaneous

This Agreement (including all AppVital.com policies, guidelines, rules, and notices incorporated by reference herein) represents the complete and exclusive statement of the agreement between AppVital and you regarding the use of the AppVital.com Site or Service; and it supersedes any prior proposal, oral or written agreement, and any other communications between AppVital and you relating to the subject matter of this Agreement. Any failure of AppVital to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remainder of the Agreement shall continue in full force and effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Unless expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Personal Safety

You understand that meeting new people, by whatever method or means, always requires taking normal precautions you should otherwise follow in establishing new relationships. Those may include, but are not limited to, meeting in public places, checking with mutual friends, free or fee-based internet background checks or searches, and otherwise using common sense about protecting yourself and your property. You understand that you are responsible for protecting yourself and your personal and financial information, that you are not entrusting that responsibility to anyone else, and that you understand that nothing on AppVital.com is designed to or should be expected to do any of that for you.

Passwords

When you sign up to become a Subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Subscriber at any time or to disclose your password to any third party. You agree to notify AppVital.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Contacting AppVital

If you have any questions about this User Agreement, the practices of this site, or your dealings with the AppVital.com website, you can contact us:

via Email

info@appvital.com