Your Brand In Their Hand
Full Service Apps has developed an iPhone and iPad Apps for companies to promote their business. Full Service Apps is also hosted and served on the World Wide Web (the “Site”) and in the Apple Store/iTune store. This Site contains the proprietary information and materials of Full Service Apps. Full Service Apps sells and distributes their Apps exclusively.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) with respect to our Site. This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are the design property of Full Service Apps and are protected pursuant to applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights laws. You, the user (business/company) are able to purchase an iPhone, iPad and or an Android Apps under your brand through Full Service Apps to use only as specifically set forth herein. You do not acquire ownership rights to any content on the Full Service Apps website or other materials viewed, created or downloaded through the Site, with the exception of your Apps and information or data. Our posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Trademarks. Full Service Apps marks include, but are not limited to the website and the Full Service Apps design and development.
4. Grant to Businesses and Companies purchasing and Apps from Full Service Apps. Subject to each term of this Agreement, we grant you the exclusive, rights to your own branded Apps for the iPhone, iPad and or an Android Apps depending on your purchase. Any password, account number or right given to your client(s) to obtain information or documents is your responsibility. You the Business/Company are fully responsible for maintaining the confidentiality of your passwords and account identifier. Business/Company shall at all times be responsible and liable for any transactions or activities that occur on their accounts. Each Business/Company shall immediately notify us of any unauthorized use of its account or of any other breach of security.
5. Designing an Apps Submission. We reserve the right in our sole discretion to design any Apps upon submission.
6. Privacy and Confidentiality of Information. We will not, without the Business/Company’s’ prior written consent (the “disclosing party”), disclose, and shall keep confidential, any data inputted by the disclosing party’s Users (the “Information”), except for disclosure as required by law or legal service, and to persons who need to know such Information in connection with this Agreement and who have been informed of the terms and conditions of this Agreement as to the confidential nature and treatment of the Information and have agreed to comply herewith.
7. Indemnification. You agree to release, indemnify, defend and hold us and our partners, attorneys, employees, agents, and affiliates (collectively, “Affiliated Parties”) harmless from and against any liability, loss, claim, damage and expense, including reasonable attorneys’ fees, arising directly or indirectly from your use of your branded Apps or the use of Full Service Apps’ website.
8. Disclaimer and Limits. THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE, INCLUDING YOUR BUSINESS/COMPANY APPS IS PROVIDED “AS IS” AND “AS AVAILABLE,” BASED ON THE INFORMATION YOU PROVIDE AT THE TIME OF YOUR APPS SUBMISSION. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE FEES YOU PAY TO US FOR ANY GOODS, SERVICES OR INFORMATION WITHIN THE TWELVE (12) MONTHS PRECEDING YOUR LOSS.
9. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
10. Conduct. Business/Company shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your submission Form(s) and or under your account or password, including the content of your transmissions through or related to this Site.
We may have no control over the content of transmissions to the Site or relating to the Site and will not be liable for content over which we have no control. You shall not use the Site or a Form to distribute any images, sounds, messages or other materials that are obscene, harassing, racist, malicious, fraudulent or libelous, and will not use the Site or a Form for any activity that may be considered unethical, immoral, or illegal. You will abide by all rules, regulations, procedures and policies of Full Service Apps and any policies of the networks connected to the Site.
11. Subscriber Responsibility. You will be solely responsible for your Apps and its Forms, including without limitation, the accuracy and appropriateness of content appearing therein, and the final tabulations and application of information provided on the Apps and its Form(s). You are also responsible for the security of any personal information derived from the Apps and its Form(s) and delivered to you from Full Service Apps.
14. Cancellation and Termination. Full Service Apps reserves the right to suspend or terminate your Apps at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the terms contained herein. Full Service Apps reserves the right to refuse service to anyone for any reason at any time.
15. Payment Policies. All accounts are set up on a pre-pay basis. Full Service Apps reserves the right to change prices at any time. You are responsible for all money owed on your account from the time it is established until you notify us to cancel your account in writing. All fees are in U.S. dollars. You will be billed an additional $50.00 per returned check, per wire transfer received, and per credit card chargeback received. There is no partial refund.
16. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Moorpark, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site or your customized branded APPS (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 (Disclaimer and Limits) and Section 10 (Third-Party Services). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Moorpark, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Full Service Apps has developed an iPhone and Ipad Apps for photographers to promote their business.Full Service Apps is also hosted and served on the World Wide Web (the “Site”) and in the Apple Store/iTune store. This Site contains the proprietary information and materials of Full Service Apps. Full Service Apps sells and distributes their Apps exclusively.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Service Agreement (“Agreement”) with respect to our Site. This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the photographers APPS are the design property of Full Service Apps and are protected pursuant to applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights laws. You, the user (photographer) are able to buy an iPhone and or iPhone Apps under your brand through Full Service Apps to use only as specifically set forth herein. You do not acquire ownership rights to any content on the Full Service Apps website or other materials viewed, created or downloaded through the Site, with the exception of your Apps and information or data. Our posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Trademarks. Full Service Apps marks include, but are not limited to the website and the Full Service Apps design and development.
4. Grant to Photographer. Subject to each term of this Agreement, we grant you the exclusive, rights to your own branded Apps for the iPhone and or the iPad depending on your purchase. Any password, account number or right given to your client(s) to obtain information or documents is your responsibility. You the Photographer are fully responsible for maintaining the confidentiality of your passwords and account identifier. Photographers shall at all times be responsible and liable for any transactions or activities that occur on their accounts. Each photographer shall immediately notify us of any unauthorized use of its account or of any other breach of security.
5. Designing an Apps Submission. We reserve the right in our sole discretion to design any Apps upon submission.
6. Privacy and Confidentiality of Information. We will not, without the photographers’ prior written consent (the “disclosing party”), disclose, and shall keep confidential, any data inputted by the disclosing party’s Users (the “Information”), except for disclosure as required by law or legal service, and to persons who need to know such Information in connection with this Agreement and who have been informed of the terms and conditions of this Agreement as to the confidential nature and treatment of the Information and have agreed to comply herewith.
7. Indemnification. You agree to release, indemnify, defend and hold us and our partners, attorneys, employees, agents, and affiliates (collectively, “Affiliated Parties”) harmless from and against any liability, loss, claim, damage and expense, including reasonable attorneys’ fees, arising directly or indirectly from your use of your branded Apps or the use of Full Service Apps website.
8. Disclaimer and Limits. THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE, INCLUDING YOUR PHOTOGRAPHY APPS IS PROVIDED “AS IS” AND “AS AVAILABLE,” BASED ON THE INFORMATION YOU PROVIDE AT THE TIME OF YOUR APPS SUBMISSION. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE FEES YOU PAY TO US FOR ANY GOODS, SERVICES OR INFORMATION WITHIN THE TWELVE (12) MONTHS PRECEDING YOUR LOSS.
9. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
10. Conduct. Photographers shall abide by all applicable local, state, national and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your submission Form(s) and or under your account or password, including the content of your transmissions through or related to this Site.
We may have no control over the content of transmissions to the Site or relating to the Site and will not be liable for content over which we have no control. You shall not use the Site or a Form to distribute any images, sounds, messages or other materials that are obscene, harassing, racist, malicious, fraudulent or libelous, and will not use the Site or a Form for any activity that may be considered unethical, immoral, or illegal. You will abide by all rules, regulations, procedures and policies of Full Service Apps and any policies of the networks connected to the Site.
11. Subscriber Responsibility. You will be solely responsible for your Apps and its Forms, including without limitation, the accuracy and appropriateness of content appearing therein, and the final tabulations and application of information provided on the Apps and its Form(s). You are also responsible for the security of any personal information derived from the Apps and its Form(s) and delivered to you from Full Service Apps.
14. Cancellation and Termination. Full Service Apps reserves the right to suspend or terminate your Apps at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the terms contained herein. Full Service Apps reserves the right to refuse service to anyone for any reason at any time.
15. Payment Policies. All accounts are set up on a pre-pay basis. Full Service Apps reserves the right to change prices at any time. You are responsible for all money owed on your account from the time it is established until you notify us to cancel your account in writing. All fees are in U.S. dollars. You will be billed an additional $50.00 per returned check, per wire transfer received, and per credit card chargeback received. There is no partial refund.
16. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Moorpark, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site or your customized branded APPS (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 (Disclaimer and Limits) and Section 10 (Third-Party Services). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Moorpark, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
