Terms of Service

ATTENTION:  THIS IS A LEGALLY-BINDING CONTRACT.  PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY THE APPSGEYSER WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH APPSGEYSER AND USE OF THE SERVICES PROVIDED THROUGH THE APPSGEYSER WEBSITE. YOU ARE HERERBY ASKED TO ACCEPT THIS TERMS OF SERVICE AND MAY USE THE SERVICES PROVIDED  THROUGH THE APPSGEYSER WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.  USING THE SERVICES PROVIDED THROUGH THE APPSGEYSER APPLICATION INDICATES THAT YOU ACCEPT THIS TERMS OF SERVICE.  IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, DO NOT USE THE APPSGEYSER APPLICATION, WEBSITE, OR SERVICES.

THIS TERMS OF SERVICE INCLUDES APPSGEYSER’ PRIVACY POLICY LOCATED AT http://www.appsgeyser.com/privacy/ WHICH IS INCORPORATED AND MADE A PART OF THIS TERMS OF SERVICE.

Acceptance of Terms of Service

This Terms of Service (the “Terms”, “ToS”, or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“You”, “Your”, or “User”), and ToolbarStudio Inc., a company organized under the laws of the Commonwealth of Virginia (“ToolbarStudio”) and owner of APPSGEYSER (“APPSGEYSER”), regarding use of this website (the “Website”). and the Services, as defined below.  APPSGEYSER makes available this website, located at http://www.appsgeyser.com/ (the “Website”), including all content, information, graphics, documents, text, products, services and all other elements offered through the Website, (collectively, the “Services”) available for Your use subject to the Terms as set forth in this document.  By accessing and using the APPSGEYSER Website and Services You agree to be bound by and to accept these Terms and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.

If You do NOT agree to all these terms and conditions contained in these Terms, You should NOT use this Website, or APPSGEYSER’ Services.  If You do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website, or Services, then You should NOT use the part of the Website, and should NOT use the Services which contain such Content or through which such transactions may be concluded.  Also, when You use any current or future APPSGEYSER’ Services or visit the Website or the website of APPSGEYSER’ partners or affiliates, or obtain any products or services therefrom, whether free of charge or for payment, You will be subject to the guidelines and conditions applicable to such products or services, and not those of APPSGEYSER.

These Terms of Service may be amended by APPSGEYSER displaying such changes on the Website.  If You continue to use the Website after the changes have been posted for thirty (30) days, You will be considered to have accepted the changes.  Also specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website.  Such specific terms may be in addition to these Terms, or, where inconsistent with these Terms, only to the extent the content or intent of such specific terms is inconsistent with these Terms, such specific terms will supersede these Terms.  Please check theses Terms regularly to ensure that You are aware of all terms governing Your use of the APPSGEYSER Website and Services. 

APPSGEYSER reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice.  APPSGEYSER also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever at its sole discretion.

Description of Services

Services provided through the Website include software products such as apps for mobile devices, add-ons, extensions, and toolbars for different internet browsers. 

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  APPSGEYSER HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. APPSGEYSER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. APPSGEYSER DOES NOT WARRANT THAT THE WEBSITE, CONTENT OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY APPSGEYSER ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by APPSGEYSER in writing, contractors, agents, dealers or distributors of APPSGEYSER or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  APPSGEYSER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPSGEYSER OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The Website may contain references to specific APPSGEYSER’ products and services that may not be (readily) available in a particular country.  Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website and Services contained therein, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.

IN NO EVENT SHALL APPSGEYSER OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF APPSGEYSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST APPSGEYSER PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO APPSGEYSER IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO APPSGEYSER IN CONNECTION WITH ITS SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH APPSGEYSER; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT  (“YOUR CONTENT”)  THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY APPSGEYSER, OR THE WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all products downloaded or purchased from this Website may be  subject to United States export controls.  Thus, no product may be exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) 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 using APPSGEYSER’ Website or Services, 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.

Use of the Services by You

You agree to use the Services only for purposes permitted by these Terms as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.  You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by APPSGEYSER. You agree not to access or attempt to access any of the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Term

The term of these Terms of Service shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by APPSGEYSER by written notice.  APPSGEYSER expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, the term of these Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein.  Upon any termination or expiration of the term, You must immediately cease using the Website and the Services including without limitation any use of APPSGEYSER’ trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.

Links to Other Sites and Third Party Materials

This Website may provide links to other websites and/or third party products and services that are not under the control of APPSGEYSER (together, “Third Party Materials”). APPSGEYSER shall not be responsible in any way for the content of such Third Party Materials. APPSGEYSER provides such links only for the convenience of the users of this Website, and the inclusion of any link to any Third Party Materials does not imply endorsement by APPSGEYSER of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.

Language of the Terms of Use

Where APPSGEYSER has provided You with a translation of the English language version of the Terms into another language, You agree that the translation is provided for Your convenience only and that the English language versions of the Terms will govern your relationship with APPSGEYSER.  If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall control.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and the Services shall rest with APPSGEYSER and/or its licensors. Unless otherwise specifically provided herein or authorized by APPSGEYSER in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved.  You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, the Website, or the Services provided therein.

APPSGEYSER hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. APPSGEYSER disclaims any proprietary interests in the intellectual property rights other than their own.

Feedback

You may from time to time provide suggestions, comments or other feedback to APPSGEYSER with respect to any product, material, software or information provided by APPSGEYSER (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for APPSGEYSER.  However, APPSGEYSER shall not disclose the source of any feedback without the providing party’s consent.  APPSGEYSER shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any APPSGEYSER’ Privacy Policy, posted on the Website and available at http://www.appsgeyser.com/privacy/.

Notice and Procedure for Making Claims of Copyright and Trademark Infringement It is APPSGEYSER’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act or “DMCA”). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide APPSGEYSER’ Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying APPSGEYSER and its affiliates that Your copyrighted material has been infringed.)

      An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;

      A description of the copyrighted work that You claim has been infringed upon;

      A description of where the material that You claim is infringing is located on the Website;

      Your address, telephone number, and e-mail address;

      A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

APPSGEYSER’ Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Name:  ToolbarStudio Inc      

Address: 901 N. Pitt Street, Suite 325,Alexandria, VA 22314

E-mail: support@appsgeyser.com

APPSGEYSER recognizes the importance of trademarks and takes allegations of trademark infringement very seriously.  If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to us at support@appsgeyser.com.  While we do not adjudicate disputes between parties in connection with trademark infringement or any other matter, we will make good faith effort to address your concerns, including (in some instances) removing the infringing content or disabling access to the infringing content.  However, in order to be assured that the claimed content is indeed infringing, we may require proof from You, such as, for example a trademark registration or a court order finding trademark infringement.  Some services or products on the Website are created and operated by third party developers or service providers. As such, APPSGEYSER does not have the ability to control the content made available through these applications or services.  If You believe your trademark has been infringed  by a third party service provider and not APPSGEYSER, we suggesting contacting the third party directly with Your concerns.  

Information and Materials Provided By You

Unless otherwise specifically provided herein, any materials or information submitted to, sent through or in connection with this Website by You (i.e. Your Content), will be treated as non-confidential and non-proprietary, and immediately become the property of APPSGEYSER, subject to its Privacy Policy, available at http://www.appsgeyser.com/privacy/. APPSGEYSER may use Your Content as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such Your Content.

Software

Software made available for downloading from or through this Website may be licensed subject to the terms of any applicable end user license agreements. Both the software and any accompanying documentation made available through this Website is the copyrighted work of APPSGEYSER. You must agree to the terms of the applicable end user license agreement prior to use of the software made available by APPSGEYSER through this Website. 

Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by APPSGEYSER in writing, You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT.  APPSGEYSER HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, APPSGEYSER makes no warranty that: the Services or products will meet Your requirements; the Services or products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Services, products, or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by You through the Website will meet Your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.

Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party’s use and enjoyment of this Website. You agree that You will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by APPSGEYSER to all users of this Website. You shall not institute, assist, or become involved in an attack upon any APPSGEYSER server or otherwise attempt to disrupt the APPSGEYSER servers. ANY ATTEMPT BY YOU TO DAMAGE APPSGEYSER SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF APPSGEYSER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, APPSGEYSER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless APPSGEYSER, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms.

Privacy

APPSGEYSER respects Your privacy and the use and protection of Your personal information. Please see our Privacy Policy, available at http://www.appsgeyser.com/privacy/ for important information and disclosures relating to the collection and use of Your personal information in connection with Your use of the Website.

Linking to the Website

Linking to the Website is permitted provided that You comply with the following rules.  You may link to the home page of the Website or to any other page of the Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that APPSGEYSER, or its partners or affiliates, endorse or sponsor the linker or its site, products or services.  You must not use APPSGEYSER’ intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from APPSGEYSER.  Furthermore, You agree to remove the link at any time upon APPSGEYSER request.

Ending Your Relationship with APPSGEYSER

The Terms will continue to apply until terminated by either You or APPSGEYSER as set out in these Terms.  If You want to terminate Your legal agreement with APPSGEYSER, You may do so by: (a) notifying APPSGEYSER at any time and (b) closing Your accounts for all of the Services which You use.  Your notice should be sent to support@appsgeyser.comAPPSGEYSER reserves the right to terminate its legal agreement with You at its sole discretion.

Assignment

APPSGEYSER may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms without APPSGEYSER prior written consent, and any unauthorized assignment and delegation by You is void and ineffective.

Agreement to Deal Electronically

All transactions with or through the Website or APPSGEYSER may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules.  You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms or this Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by APPSGEYSER.

APPSGEYSER does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state.  Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.  

Questions may be submitted at support@appsgeyser.com. Please also review our Privacy Policy, located at http://www.appsgeyser.com/privacy/.

Copyright © 2013  ToolbarStudio Inc.  All rights reserved.  This Website and accompanying products and documentation are the copyrighted property of ToolbarStudio Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties.  APPSGEYSER and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of ToolbarStudio Inc.  All other product and service marks contained herein are the trademarks of their respective owners.  Any use of the ToolbarStudio Inc or third party trademarks or logos without the prior written consent of ToolbarStudio Inc or the applicable trademark owner is strictly prohibited.