Terms of Use (TOU)

Overview

The following are terms of a legal agreement between you and yourEapps.com. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, you are not authorized to use this Web site.

yourEapps.com may, without notice to you, at any time revise these Terms of Use (TOU) and any other information contained in this Web site by updating this posting. yourEapps.com may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Description of Services

Through its network yourEapps.com provides you with access to a variety of online resources, including download areas, forums, online applications (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition, are subject to the TOU.

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled "Copyright and IT Policy" for related information.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without yourEapps.com's prior written consent, except that yourEapps.com grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer, and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, yourEapps.com does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other propriety or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.

Your Account, Password, and Security

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a login ID. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify yourEapps.com immediately of any unauthorized use of your account or any other breach of security. yourEapps.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by yourEapps.com or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any yourEapps.com server, or the network(s) connected to any yourEapps.com server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any yourEapps.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Certain Disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. yourEapps.com assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

yourEapps.com provides no assurances that any reported problems will be resolved by yourEapps.com, even if yourEapps.com elects to provide information with the goal of addressing a problem.

User Submissions

Certain areas of the yourEapps.com Websites (e.g., survey and review areas) may permit you to submit feedback, information, data, text, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to yourEapps.com an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that yourEapps.com deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). yourEapps.com reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. yourEapps.com may, but is not obligated to, pre-screen User Submissions or monitor any area of the yourEapps.com Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. yourEapps.com is not required to host, display, or distribute any User Submissions on or through the yourEapps.com Websites and may remove at any time or refuse any User Submissions for any reason. yourEapps.com is not responsible for any loss, theft, or damage of any kind to any User Submissions. yourEapps.com does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that yourEapps.com will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. yourEapps.com does not guarantee that you will have any recourse through yourEapps.com or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:
(a) you are at least 13 years old;
(b) you own all rights in your User Submissions (including, without limitation, all rights to your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to yourEapps.com the rights in your User Submissions described herein;
(c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
(d) you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to yourEapps.com described herein;
(e) your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
(f) you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
(g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
(h) your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
(j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
(k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
(l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
(m) your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
(n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Forward-looking and Cautionary Statements

Except for historical information and discussions, statements set forth throughout this Web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially.

Confidential Information

yourEapps.com does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to yourEapps.com for sharing purposes will be deemed NOT to be confidential. By sending yourEapps.com any information or material, you grant yourEapps.com an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that yourEapps.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
(a) we obtain your permission to use your name; or
(b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
(c) we are required to do so by law
Personally-identifiable information that you submit to yourEapps.com for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled "Privacy" for information regarding yourEapps.com's privacy policies.

Notice Specific to Documents Available on This Web Site

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the yourEapps.com Web site or any other yourEapps.com owned, operated, licensed or controlled site. Elements of yourEapps.com sites are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any yourEapps.com Web site may be copied or retransmitted unless expressly permitted by yourEapps.com.

YOUREAPPS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOUREAPPS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL YOUREAPPS.COM AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YOUREAPPS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

Global Availability

Information yourEapps.com publishes on the World Wide Web may contain references or cross references to yourEapps.com products, programs and services that are not announced or available in your country. Such references do not imply that yourEapps.com intends to announce or make available such products, programs, or services in your country. Please contact yourEapps.com for information regarding the products, programs, and services that may be available to you.

Business Relationships

This Web site may provide links or references to non-yourEapps.com Web sites and resources. yourEapps.com makes no representations, warranties, or other commitments whatsoever about any non-yourEapps.com sites or third-party resources that may be referenced, accessible from, or linked to any yourEapps.com site. A link to a non-yourEapps.com site does not mean that yourEapps.com endorses the content or use of such Web site or its owner. In addition, yourEapps.com is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a yourEapps.com site. Accordingly, you acknowledge and agree that yourEapps.com is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-yourEapps.com Web site, even one that may contain the yourEapps.com logo, please understand that it is independent from yourEapps.com, and that yourEapps.com does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this Site

All links to this Web site must be approved in writing by yourEapps.com, except that yourEapps.com consents to links in which the link or the pages that are activated by the link do not:
(a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
(b) misrepresent your relationship with yourEapps.com;
(c) imply that yourEapps.com approves or endorses you, your Web site, or your service or product offerings;
(d) present false or misleading impressions about yourEapps.com or otherwise damage the goodwill associated with the yourEapps.com name or trademarks;
(e) may link to, but shall not replicate, any materials (including any yourEapps.com logo;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups
As a further condition to being permitted to link to this site, you agree that yourEapps.com may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any yourEapps.com trademark.

Links to Third Party Sites

LINKS ON THE YOUREAPPS.COM WEBSITE ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. IF YOU USE THESE LINKS,YOU WILL LEAVE YOUREAPPS.COM'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF YOUREAPPS.COM AND YOUREAPPS.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOUREAPPS.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. YOUREAPPS.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY YOUREAPPS.COM OF THE SITE.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and yourEapps.com makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

Contributions to yourEapps.com

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to yourEapps.com through its suggestion or feedback web pages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) yourEapps.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) yourEapps.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) yourEapps.com may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of yourEapps.com without any obligation of yourEapps.com to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from yourEapps.com under any circumstances.

No Commercial Reuse of yourEapps.com Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the yourEapps.com Services (including Content, advertisements, Software and your yourEapps.com ID).

Dealing with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the yourEapps.com Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that yourEapps.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the yourEapps.com Services.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

Disclaimer of Warranty

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED 'AS IS,' WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. YOUREAPPS.COM DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR RPRESENTATIONS, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, YOUREAPPS.COM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL YOUREAPPS.COM BE LIABLE TO ANY PARTY OF ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF YOUREAPPS.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES, EVEN IF YOUREAPPS.COM HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

Trademarks

yourEapps.com and any other product or service name or slogan or logo contained in the yourEapps.com Websites are trademarks of yourEapps.com and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of yourEapps.com or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with yourEapps.com or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of yourEapps.com without yourEapps.com/s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of yourEapps.com and may not be copied, imitated, or used (in whole or in part) without yourEapps.com's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by yourEapps.com.

Indemnification

You agree to indemnify, defend, and hold harmless the yourEapps.com Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. yourEapps.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with yourEapps.com's defense of such claim.

Electronic Communications

When you visit the Site or send e-mails to yourEapps.com, you are communicating with yourEapps.com electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that yourEapps.com provides to you electronically satisfy any legal requirement that such communications be in writing.

Termination

Except as set forth in "Other agreements; software, services or access", below, yourEapps.com may terminate, suspend, or modify your registration with, or access to, all or part of the yourEapps.com Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the yourEapps.com Websites at any time. If you breach any of these Terms, your authorization to use the yourEapps.com automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).