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.

Definitions

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

There are several additional words that are used in these Terms that have a specific meaning in these Terms. The words defined in this section shall have the following meanings in these Terms, unless to do so would be contrary to the clear intent of these Terms:

"Application" means a computer software program designed to assist an end-user in performing singular or multiple related specific tasks on a mobile device, whether for entertainment, gaming, business, utility, information, or otherwise, which program has been developed by a user using the APPSGEYSER Services, whether or not such Application has been submitted to or published by any Application Store (defined below) to be available for downloading by end-users. The term "Application" shall include all related User Content (defined below) and source code used by the relevant user to create the Application.

"Application Store" means a digital distribution platform, whether via mobile application or online via a website that enables end-users to browse, review, and download (whether free or at a cost) mobile applications directly to a mobile device or to a personal computer or computing device and that supports mobile applications developed using platforms available on the APPSGEYSER Services.

"APPSGEYSER Services Content" means all software and mobile application development tools, other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of APPSGEYSER on APPSGEYSER Website, as well as the computer programs used to generate the pages on the APPSGEYSER Website.

"User Content": Means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any user posts or transmits on the APPSGEYSER Website but expressly excludes all APPSGEYSER Services Content.

"You", "your" and "user": Means all individuals and/or entities in whatever form accessing or using the APPSGEYSER Services for any reason.

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).

Your Account

You acknowledge that the APPSGEYSER Services are made available to you and provide to you based on the information that you provide upon registration as a user of the APPSGEYSER Services. Therefore, you agree and warrant that all registration information provided by you through this Website will be truthful, accurate and current and that you will update all registration information as and when necessary to keep it truthful, accurate and current. Providing any untruthful or inaccurate information may constitute a breach of these Terms. You are responsible for the security of your user name, password and account, and for any use of your user name, password and account. If you become aware of any unauthorized use of your user name, password and account, or other breach or compromise of security, you agree to notify APPSGEYSER promptly. However, you may be held liable for losses incurred by APPSGEYSER or any other user of or visitor to the APPSGEYSER Website due to someone else using your APPSGEYSER user name, password and account. Only one registration is allowed per person and your registration is personal to you and cannot be transferred to any other person.

You may not use anyone else's APPSGEYSER password or account at any time. In addition, you should not use anyone else's APPSGEYSER password or account at any time. APPSGEYSER cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Fee

Currently, the APPSGEYSER Services are offered to registered users without any monetary consideration, in exchange for (a) users' agreement to allow APPSGEYSER to insert banner or other advertisements, of APPSGEYSER's sole selection and at its sole discretion, in any Applications that are submitted on behalf such users to available online Application Stores.

Trademark and Copyright Protections

The APPSGEYSER Website, in its entirety, (except for User Content), including the APPSGEYSER Website name and logo, and all other APPSGEYSER Services Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the "look and feel" of the APPSGEYSER Website (including color combinations, layout, design and all other graphical elements), are the sole property of APPSGEYSER and/or its affiliates, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms is strictly prohibited without APPSGEYSER's prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by APPSGEYSER on the APPSGEYSER Website may contain other proprietary notices or describe products, services, processes or technologies owned by APPSGEYSER or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of APPSGEYSER or any third party, except as expressly set forth and granted in the Terms.

It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the APPSGEYSER Website. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the APPSGEYSER Website on any copy you make of the APPSGEYSER Content.

Limited License To User

You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the software and tools provided by APPSGEYSER as part of the APPSGEYSER Services for the sole purpose of enabling you to develop Applications to run across various mobile platforms supported by the APPSGEYSER Website and to be submitted at your option but solely by APPSGEYSER to one or more Application Stores for publication, solely in the manner permitted by these Terms.

This license is not a sale of any of the respective intellectual property owner's rights. The APPSGEYSER Services may be used only by you and you may not rent, lease, lend, sub-license, or transfer the APPSGEYSER Services or any data or APPSGEYSER. Content residing on it or any of your rights under the Terms to anyone else, nor may you make the APPSGEYSER Services available to anyone else on a "service bureau" basis or in exchange for any compensation to you. Except as otherwise expressly provided herein or with APPSGEYSER's prior express written consent, you may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, "mirror," perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any APPSGEYSER Services Content or User Content contained in the APPSGEYSER Website in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the APPSGEYSER Website. You may not transfer to or store any data residing or exchanged using the APPSGEYSER Services, including any Application, in any electronic network for use by more than one user unless you obtain prior written permission from APPSGEYSER. Please contact support@appsgeyser.com to request any required permission.

User ownership rights

Except as provided in the following paragraph, APPSGEYSER acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from you under these Terms in or to any User Content that you post, upload or submit to the APPSGEYSER Website or any Application that you create, submit, post, transmit or display on, or through, the APPSGEYSER Services, including any intellectual property rights which subsist in that Application and your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights you already hold in the Application and your User Content, and you are responsible for protecting those rights, as appropriate. Unless you have agreed otherwise in writing with APPSGEYSER, you agree that you are responsible for protecting and enforcing those rights and that APPSGEYSER has no obligation to do so on your behalf. If you create an Application to share with other users of the APPSGEYSER Services, you may determine with whom you share the Application and your User Content and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application and your User Content, subject to the license granted to APPSGEYSER in the following section.

As part of our continuing mission to make all best efforts possible to try to insure that APPSGEYSER users do not pay any fees for use of APPSGEYSER or third party development licenses, APPSGEYSER may be required to utilize its developer accounts to attempt to submit and publish your Application that you create through APPSGEYSER to Application Stores. APPSGEYSER further acknowledges and agrees that submitting or publishing of any APPSGEYSER users Application utilizing an APPSGEYSER developer account shall in no way grant APPSGEYSER any additional ownership, control, rights, title or interests to the User Content that you create and submit to APPSGEYSER.

Licenses and Rights granted to APPSGEYSER

By creating, posting or displaying the Application on or through the APPSGEYSER Services you grant, and agree to grant, a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), irrevocable, and transferable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party:

to APPSGEYSER, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of enabling APPSGEYSER to provide the APPSGEYSER Services to you, including storing the Application and your User Content on its servers;

to APPSGEYSER, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and your User Content for the purpose of promoting and redistributing all or part of the APPSGEYSER Website in any media formats and through any media channels without restrictions of any kind;

to APPSGEYSER and each user of the APPSGEYSER Website to access your User Content that is not password protected through the APPSGEYSER Website; and

to APPSGEYSER to use, in its sole discretion, the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and APPSGEYSER Website listings (including links to your website, if any) for the purpose of advertising or publicizing your use of the APPSGEYSER Services, subject to such reasonable quality controls or guidelines for such use as you may provide to APPSGEYSER in writing from time to time; and

In addition, you hereby grant to APPSGEYSER a worldwide, royalty-free, exclusive, irrevocable license, without additional payment or other consideration of any kind, or permission from or notification to you or any third party, to insert, display and publish into in any Application(s) that you create and elect to publish to any Application Store, third party or other advertising content selected by APPSGEYSER in its sole discretion, including content from SilverMob s.r.o., AppNext Ltd, Matomy Media Ltd and others.

User Submissions

Some of the features of the APPSGEYSER Website or the APPSGEYSER Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"). You acknowledge and agree that: Your User Submissions are entirely voluntary. Your User Submissions do not establish a confidential relationship or obligate APPSGEYSER to treat your User Submissions as confidential or secret. APPSGEYSER has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. APPSGEYSER may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Prohibited Conduct.

VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN APPSGEYSER’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE APPSGEYSER PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE APPSGEYSER WEBSITE, YOU UNDERSTAND AND AGREE THAT APPSGEYSER CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING THE APPSGEYSER WEBSITE YOU AGREE NOT TO:

“stalk”, harass, threaten, or defraud other users;

send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;

make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;

transmit any worms or viruses or any code of a destructive nature through the APPSGEYSER Websites or any Applications posted thereon;

impersonate another person or access another user’s account without permission;

share APPSGEYSER-issued passwords with a third party or encourage another user to do so;

misrepresent the source, identity, or content of information transmitted via the APPSGEYSER Website, for example, claiming a created work as your own that is not yours;

use the APPSGEYSER Website for any illegal or unlawful purpose;

interfere with any security-related features of the APPSGEYSER Website or otherwise attempt to gain unauthorized access to the APPSGEYSER Website, or any part of them, other accounts, computer systems or networks connected to the APPSGEYSER Website, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the APPSGEYSER Website or any activities conducted on the APPSGEYSER Website;

intentionally interfere with the operation of the APPSGEYSER Website or any user’s enjoyment of it;

post inflammatory statements to get responses;

use the APPSGEYSER Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the APPSGEYSER Website;

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.

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.  

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/.

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