APP CATS Terms and Conditions of Service
Last Revised: June 20th, 2023
1. INTRODUCTION; YOUR AGREEMENT TO THESE TERMS OF SERVICE
The Services (as defined below) are owned and operated by APP CATS LLC (“APP CATS™,” “we,” “our” or “us”). Each end-user (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the APP CATS website located at www.APPCATS.com or any other website owned, operated or powered by APP CATS (collectively, the “Website”); (b) downloads, attempts to download and/or uses the APP CATS™ mobile application and/or any other mobile application owned, operated or powered by APP CATS (collectively, the “App”), as made available on the iPhone®, iPad® and iPod Touch®, as well as Android® and other mobile devices, where and to the extent available by and through the Apple® App Store, the Google Play® store and other applicable venues; (c) accesses and/or downloads any of the text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured in the App or Website (collectively, “APP CATS Content”), as well as the User Content (as defined below); and/or (d) enters one of the Contests featured on the Website and/or in the App from time-to-time. For purposes of the Agreement, the Contests, Website, App and APP CATS Content shall be collectively referred to as the “Services.”
When using the APP CATS Services, you will also be subject to any additional guidelines or rules that are posted on the APP CATS Services, made available to you, or disclosed to you in connection with specific services and features. APP CATS may also offer certain paid services, which are subject to the APP CATS Terms of Sale as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with the APP CATS Services or an unregistered user. You agree that by tapping or clicking “Sign In” or otherwise registering, downloading, accessing, or using the APP CATS Services, that you are entering into a legally binding agreement between you and APP CATS regarding your use of the APP CATS Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the APP CATS Services.
Note: iPhone®, iPad® and iPod Touch® are registered trademarks of Apple, Inc. (“Apple”). Android®, Google® and Google Play® are registered trademarks of Google, Inc. (“Google”). Please be advised that APP CATS is not in any way affiliated with Apple, Facebook or Google, and the APP CATS Offerings are not endorsed, administered or sponsored by any of the foregoing entities.
2. USE BY MINORS AND BLOCKED PERSONS
The APP CATS Services are not directed to persons under 18 years of age and may not be used by persons under 18 years of age. If you are under 18 years of age, APP CATS does not authorize your use of the Services.
The APP CATS Services are also not available to any users previously removed from the APP CATS Services by APP CATS or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE APP CATS SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE APP CATS SERVICES.
3. ACCESS TO THE SERVICES AND YOUR ACCOUNT
In order to open an account, you will be asked to provide us with certain information such as an account name and password. You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. If you permit others to use your account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your account or password, and you are responsible for all activities that occur under your account or password. Please make sure the information you provide to APP CATS upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
To access the Services or some of the resources it has to offer, you may be asked to provide certain registration details or other information and may be given the option to use certain third party services to log into and use some or all of the Services. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. APP CATS has the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time including, without limitation, if APP CATS believes the information that you provide is not correct, current, or complete.
Unless expressly permitted in writing by APP CATS, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. APP CATS reserves all available legal rights and remedies to prevent unauthorized use of the APP CATS Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4. USE OF DEVICES; INTERNET AND MOBILE DATA FEES
Access to the APP CATS Services may require the use of your personal computer or mobile device, as well as communications with or use of memory on such devices. You are responsible for any Internet connection or mobile data fees and charges that you incur when accessing the APP CATS Services.
The APP CATS Services are owned and operated by APP CATS. Unless otherwise indicated, all content, information, and other materials on the APP CATS Services (excluding User Content, as described in Section 6 below), including, without limitation, APP CATS’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of APP CATS or its subsidiaries and/or third-party licensors. Unless otherwise expressly stated in writing by APP CATS, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the APP CATS Services for your personal use or internal business use only.
APP CATS reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the APP CATS Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the APP CATS Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the APP CATS Services, the Materials, or any information contained in them, except as expressly permitted on the APP CATS Services; or (f) any use of the APP CATS Services or the Materials except for their intended purposes. Any use of the APP CATS Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of APP CATS, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. APP CATS can terminate this license as described in Section 10.
6. PROPRIETARY INFORMATION INCLUDING USER AND APP CATS CONTENT
i.APP CATS Content
All right, title, and interest in and to the Services belongs to APP CATS. The Services are protected by copyright, trademark, trade secret and/or patent rights in addition to contractual rights and obligations under the laws of the United States and other jurisdictions. Except for User Content (as defined below) submitted by you and other users through the Website and/or App, the APP CATS Content accessible from the Website and/or App (or any other World Wide Web website or mobile application owned, operated, licensed, or controlled by APP CATS), is the proprietary information of APP CATS or the party that provided the APP CATS Content to APP CATS, and APP CATS or the party that provided the APP CATS Content to APP CATS retains all right, title, and interest in and to the APP CATS Content. Accordingly, the APP CATS Content may not be copied, distributed, republished, uploaded, posted, displayed, used or transmitted in any way without the prior written consent of APP CATS. You may not remove or alter, or cause to be removed or altered, any copyright, patent, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the APP CATS Content. Modification or use of the APP CATS Content except as expressly provided in the Agreement violates APP CATS’s contractual and intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Services or the APP CATS Content.
APP CATS allows you to distribute live streaming and pre-recorded audio-visual works through the Services; to use chat and interactive group watch party features; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, emojicans or other data or materials on the APP CATS Services (“User Content”).
a) License to APP CATS
The individual user retains ownership of any User Content that he/she submits or sends on or through the Services. By submiting, transmiting, displaying, performing, posting, or storing User Content using the APP CATS Services, you grant APP CATS and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the APP CATS Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered including without limitation, stadium scoreboards and other such public display video boards; and (b) use your name, identity, pseudonym, or other personal identifier, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, pseudonym, or other personal identifier, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that APP CATS and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service.
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the APP CATS Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the APP CATS Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) APP CATS used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
You further agree that this license includes the right for APP CATS to provide, promote, and improve the Services. Such uses by APP CATS, or other companies, organizations or individuals who partner with APP CATS, may be made with no compensation paid to you with respect to the User Content that you submit, transmit, or otherwise make available through the Services.
We and our sublicensees may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as is necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media. You agree that you shall not assert any moral rights against APP CATS or its sublicensees relating to any User Content.
You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party licensees.
EXCEPT WHERE PROHIBITED BY LAW, APP CATS will not be responsible or liable for any use of your User Content by APP CATS or its licensees and agree to release and discharge APP CATS, its subsidiaries, affliates, licensors, service providers, content providers, employees, agents, officers, directors and sublicensees from any and all claims and demands that may arise out of or in connection with the use of User Content including, without limitation, any and all claims for payment, libel, defamation or violation of any right of publicity.
b) User Content Representations and Warranties
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit or send using the Services and acknowledge that You are solely responsible for your User Content and the consequences of posting or publishing it.
You should only share content on your APP CATS channel that you own, or that you otherwise have rights to or are authorized to share on APP CATS. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or other content or any confidential information of APP CATS or third parties. APP CATS reserves all rights and remedies against any users who breach these representations and warranties.
If you share content on your APP CATS channel that you do not own or otherwise do not have the rights to share on APP CATS, you may be infringing another person’s intellectual property rights. This includes any third party content included in your content, derivative creations, or performances of others’ copyrighted content. We encourage you to assess your content for adherence to applicable intellectual property laws and the proper application of principles such as fair use, and to secure all appropriate rights needed, before sharing your content on the Services.
c) Content is Uploaded and Used at Your Own Risk
APP CATS uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, APP CATS does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that APP CATS shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against APP CATS for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY APP CATS HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
To the extent permitted by applicable law, APP CATS takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is APP CATS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the APP CATS Services. Your use of the APP CATS Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the APP CATS Services will not contain any content that is prohibited by such rules.
All User Content is the sole responsibility of the person who originated such User Content. We may, but are not required to monitor or control the User Content posted via the Services and we cannot take responsibility for such User Content. Any use or reliance on any User Content, APP CATS Content or materials transmitted via the Services or obtained by you through the Services is at your own risk.
APP CATS does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications transmitted via the Services or endorse any opinions expressed via the Services. Under no circumstances will APP CATS be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content transmitted or otherwise made available via the Services or reproduced or displayed elsewhere.
APP CATS is not liable for any statements or representations included in User Content. APP CATS does not endorse any User Content, opinion, recommendation, or advice expressed therein, and APP CATS expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, APP CATS reserves the right to remove, screen, or edit any User Content posted or stored on the APP CATS Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the APP CATS Services at your sole cost and expense. Any use of the APP CATS Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the APP CATS Services.
EXCEPT WHERE PROHIBITED BY LAW, you acknowledge and agree that neither APP CATS nor any third party that provides User Content and/or APP CATS Content to APP CATS will assume or have any liability for any action or inaction by APP CATS or such third party for any User Content or for any loss or damage resulting therefrom, nor is APP CATS liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the APP CATS Services. Your use of the APP CATS Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the APP CATS Services will not contain any content that is prohibited by such rules.
7. PROHIBITED CONDUCT AND CONTENT
You agree not to violate any local, state, provincial, national, and international laws, rules and regulations, or any contract, intellectual property, or other third-party right. Furthermore, you agree that you are solely responsible for your conduct while on the APP CATS Services, will comply with these Terms of Service and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic or that includes nudity or sexually explicit activities, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, focuses on extreme gore or violence, or is otherwise objectionable;
ii.send User Content or carry-out other conduct that bullies, threatens others, slanders or defames, or is harassing or abusive of others or otherwise hateful, racially, ethnically or otherwise objectionable;
iii.impersonate any person or entity; attempt to deceive, confuse or otherwise mislead others; falsely claim an affiliation with any person or entity; access the APP CATS Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the APP CATS Services; or perform any other similar fraudulent activity;
iv.defame, harass, abuse, threaten, or defraud users of the APP CATS Services, or collect or attempt to collect, personal information about users or third parties without their consent;
v.post User Content that is deliberately designed for the purpose of angering or insulting others using the Services, or to distract from or derail conversations;
vi.manipulate identifiers in order to disguise the origin of any User Content transmitted through the APP CATS Services;
vii.invade the privacy of others or share content that may reveal private personal information about individuals, or their private property, without permission;
viii.send junk mail or spam to users of the APP CATS Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material or unsolicited messages including for annoying or otherwise unwanted purposes including fraud, harassment, or impersonal bulk communications; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
ix.interfere with or damage the operation of the APP CATS Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x.harvest or collect email addresses or other contact information of other users from the APP CATS Services, or relay email from a third party’s mail servers without the permission of that third party;
xi.delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the APP CATS Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the APP CATS Services, (c) features that enforce limitations on the use of the APP CATS Services or User Content, or (d) the copyright or other proprietary rights notices on the APP CATS Services or User Content;
xii.reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the APP CATS Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
xiii.modify, adapt, translate, or create derivative works based upon the APP CATS Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
xiv.access any website, app, server, software application, or other computer resource owned, used, and/or licensed by APP CATS, including but not limited to the APP CATS Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures APP CATS may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by APP CATS, including but not limited to the APP CATS Services;
xv.interfere with or disrupt the APP CATS Services or servers or networks connected to the APP CATS Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the APP CATS Services; use the APP CATS Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the APP CATS Services, or that could damage, disable, overburden, or impair the functioning of the APP CATS Services in any manner;
xvi.use or attempt to use another user’s account without authorization from that user and APP CATS;
xvii.attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the APP CATS Services that you are not authorized to access;
xviii.attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xix.use the APP CATS Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
Any use of the APP CATS Services involving prohibited conduct will not be tolerated and will be blocked, banned, and removed by APP CATS, as applicable, and in its sole discretion, which may include the removal and deletion of the account of any user conducting such activity.
APP CATS respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law, and in particular the Digital Millennium Copyright Act, and are properly provided to us. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove, block, and prohibit from transmission User Content alleged to be infringing without prior notice and at our sole discretion. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
APP CATS LLC
5808 Northwood Drive
Minneapolis, MN, 55436
Attn: Copyright Administration
To the fullest extent permitted by applicable law, APP CATS reserves the right, without notice and in our sole discretion, to terminate your license to use the APP CATS Services (including to post User Content) and to block or prevent your future access to and use of the APP CATS Services, including where we reasonably consider that: (a) your use of the APP CATS Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the APP CATS Services; or (c) we are unable to continue providing the APP CATS Services to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the APP CATS Services, (ii) any term of these Terms of Service, (iii) any policy or practice of APP CATS in operating the APP CATS Services, or (iv) any content or information transmitted through the APP CATS Services, is to terminate your account and to discontinue use of any and all parts of the APP CATS Services.
From time-to-time, APP CATS may make certain Contests available to users that will be governed by rules applicable to each Contest. By providing true and accurate information in connection with the applicable Contest entry form(s), responding to all Contests-related communications from APP CATS and agreeing to the Contest Rules applicable to each Contest, you can obtain, or attempt to obtain, entries for the chance to win prizes in the applicable Contest(s). You understand and agree that APP CATS shall not be liable to any end-user or any third-party for any claim in connection with your participation in any of the Contests.
12. HYPER-LINKS AND ADVERTISING
The Services may include advertisements, which may be targeted to the User Content you provide to APP CATS, User Content provided by other Services users, or other information. You agree that APP CATS and third party providers and partners may place advertising on the Services or in connection with the display of User Content or information from the Services whether created by APP CATS, or submitted by you or other users in postings or otherwise.
The APP CATS Services may be hyper-linked or otherwise connected to other websites, apps or advertising which are not maintained by, or related to, APP CATS. All such connections to such websites, apps, and advertisements are provided as a service to users and are not sponsored by or affiliated with the Services or APP CATS. APP CATS has not reviewed any or all of such websites, apps, or advertisements and is not responsible for the content of those websites, apps, or advertisements. Connected content is to be accessed at the user's own risk, and APP CATS makes no representations or warranties about the content, completeness, or accuracy of the connected content or the websites, apps, or advertisements connected to its Services. Further, the inclusion of any connection to a third-party website, app, or advertisement does not necessarily imply endorsement by APP CATS of that website, app, or advertisement.
13. IDEA SUBMISSIONS
You hereby grant to APP CATS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive, assignable right and license (including the right to sublicense) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all remarks, suggestions, feedback, or other information communicated to APP CATS regarding its Services (together, but excluding User Content, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. APP CATS will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future APP CATS operations.
You understand that APP CATS cannot and does not guarantee or warrant that the Services User Content and/or APP CATS Content will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the blocking of harmful data or the reconstruction of any lost data. APP CATS does not assume any responsibility or risk for your use of the Internet.
The User Content and APP CATS Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by any source. Investors, borrowers, and other persons should use the User Content and APP CATS Content in the same manner as any other educational medium and should not rely on the User Content and APP CATS Content to the exclusion of their own professional judgment. Information obtained by using the Services is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
EXCEPT WHERE PROHIBITED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND CONTENT, REGARDLESS OF SOURCE, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. APP CATS DISCLAIMS ALL WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. APP CATS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THE SERVICES AND CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APP CATS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND APP CATS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT APP CATS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. APP CATS MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES OR CONTENT WILL NOT INFRINGE UPON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES OR CONTENT.
All of the information related to the Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted, and APP CATS does not undertake any obligation to update such information after it is posted or to remove such information from the Services if it is not, or is no longer, accurate or complete.
15. LIMITATION ON LIABILITY
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY IN CONTRACTS AND, AS A RESULT, THE CONTENTS OF THIS SECTION AND THE DISCLAIMER SECTION MAY NOT APPLY TO YOU.
APP CATS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, TEAM AND TOURNAMENT PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES (INCLUDING IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES), EVEN IF APP CATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF APP CATS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO APP CATS FOR THE APPLICABLE CONTENT OR SERVICES OUT OF WHICH LIABILITY AROSE OR THE MINIMUM AMOUNT ALLOWED BY LAW, WHICHEVER IS GREATER.
You will indemnify and hold APP CATS, its subsidiaries, affiliates, licensors, licensees, team and tournament partners, content providers, service providers, employees, agents, members, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against any breach of the Agreement by you (or anyone acting under your user account), including any use of User Content and/or APP CATS Content other than as expressly authorized in the Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, legal and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Services, User Content and/or APP CATS Content accessed through the Services.
Trademarks, service marks, and logos appearing in relation to the Services are the property of APP CATS or the party that provided the trademarks, service marks, and logos to APP CATS. APP CATS and any party that provided trademarks, service marks, and logos to APP CATS retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in relation to the Services.
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, APP CATS reserves the right to release your details to system administrators at other third parties in order to assist them in resolving security incidents. APP CATS and its team and tournament partners reserve the right to investigate suspected violations of the Agreement.
APP CATS reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing APP CATS to disclose the identity of anyone using the Services. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS APP CATS AND ITS TEAM AND TOURNAMENT PARTNERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY APP CATS OR ITS TEAM AND TOURNAMENT PARTNERS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER APP CATS, ITS TEAM AND TOURNAMENT PARTNERS, OR LAW ENFORCEMENT AUTHORITIES.
19. LOCATION SERVICES
The Services may use location tracking to identify the location of your mobile device or your point of access to the Services. Location tracking is an integral part of certain of the Services and if you do not allow such tracking, the Services may be, in whole or in part, unavailable to you.
20. NO MONETARY VALUE FOR POINTS SYSTEM
Through your use of the Services you may accumulate points or other similar credits through any means APP CATS allows. All such points or other similar credits are of no monetary value, have no value outside of the Services, and you have no property rights in such points or other similar credits. Subject to applicable law, APP CATS may award, diminish, or eliminate such points or other similar credits in its discretion without notice or compensation to you, and all such points or other such credits may expire or otherwise be eliminated as APP CATS sees fit in its discretion. You may not violate the Agreement, any rules provided in relation to the accumulation or awarding of points or other similar credits, or use any automated method for accumulating point or other similar credits. All points or similar credits must be acquired by you personally or as otherwise expressly allowed in writing by APP CATS or its Contest rules and may not be harvested, farmed, or otherwise acquired by others on your behalf.
21. PURCHASE OF GOODS AND SERVICES
From time to time, the Services may present you with an opportunity to purchase various goods or services. All pricing, product information, payment, warranties, return policies, complaints, and other issues related to the purchasing of goods and services and the goods and services themselves must be directed at the entities processing those payments and providing those goods or services, including without limitation team and tournament partners, if applicable. APP CATS does not itself process payment information or provide any such goods or services, and the terms and conditions related to the same are provided by, and the responsibility of, the respective parties providing such processing, goods, and services, in addition to the Agreement, which pertains to the Services. The Services attempt to accurately display products, but the colors you actually see may depend on many factors including, without limitation, your device and its settings, and to the extent such images are even within the control of APP CATS, we disclaim any warranties except where prohibited by applicable law and cannot otherwise guarantee that the color you see matches the color of the goods. You should carefully review all such terms and conditions presented by such parties and all inquiries and complaints should be directed towards those parties. All taxes related to your purchase of goods and services are strictly your responsibility to remit to the proper taxing authority unless otherwise indicated by the relevant third party processing your payment or providing such goods and services, and in any event are not the responsibility of APP CATS.
22. CONFORMANCE WITH THIRD PARTY APP STORE REQUIREMENTS.
This Agreement is between you and APP CATS, not any other entity such as, without limitation, Google, Apple, Amazon.com, Inc., or any other third party through which you obtain the Services (collectively and individually “Third Party App Stores”), and in no event shall any Third Party App Store be obligated to provide maintenance or support of the Services, provide any warranty granted in the Agreement, or provide any indemnity for intellectual property violations of the Services. You are bound by any applicable terms set forth in relation to any such Third Party App Stores. In the event of any failure of the Services to comply with any warranty as set forth herein, where that Service was purchased through Apple, you may contact Apple. for a refund of the purchase price paid through Apple. You must contact APP CATS and not any Third Party App Stores, regarding any product liability claims, claims that the Services fail to conform to any applicable legal or regulatory requirement, or any claims arising under any consumer protection or similar legislation. Third Party App Stores and their subsidiaries shall be third party beneficiaries to the Agreement and shall have the right to enforce the Agreement against you.
23. CHOICE OF LAW AND FORUM
EXCEPT WHERE PROHIBITED BY LAW, the Agreement will be governed by and interpreted pursuant to the internal laws of the State of Delaware, United States of America, notwithstanding any principles of or rules regarding any choice of law or conflicts of law (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
The parties shall resolve any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity hereof (each, a “Dispute”), by final and binding arbitration under the provisions of this Choice of Law and Forum Section. The procedures set forth in this Choice of Law and Forum Section shall be the exclusive mechanism for resolving any Dispute that may arise from time to time.
In the event of a Dispute, the party claiming a Dispute shall commence the arbitration by delivering written notice to the other party of the Dispute (“Dispute Notice”), which notice shall be sent in compliance with this Agreement’s notice provisions and shall set out the nature of the claim(s) and the relief requested. Within 30 days of the receipt of the Dispute Notice, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaim(s), if any, and the relief requested. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, which Rules are deemed to be incorporated into this Choice of Law and Forum Section by reference. The arbitration will be conducted in the English language before a single arbitrator mutually agreed upon by the parties and selected from a list of arbitrators provided by the AAA. If the parties are unable to agree on an arbitrator within 15 days, then an arbitrator will be selected according to the AAA Rules. The seat or place of arbitration shall be Hennepin County in the State of Minnesota, United States. The award of the arbitrator shall be final and shall be accompanied by a statement of the reason upon which the award is based. Judgment on the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction (as set forth herein), and any court where a party or its assets is located (to whose jurisdiction the parties hereby consent for purposes of enforcing the award). The arbitration proceedings shall be governed by the United States Arbitration Act and the AAA Rules, without reference to any state arbitration law.
Notwithstanding the foregoing, the parties may apply to any federal courts of the United States or the state courts of the State of Minnesota, in each case located in the City of Minneapolis within Hennepin County in the State of Minnesota, for injunctive relief without breach of the arbitration requirements set forth in this Choice of Law and Forum Section, and the parties to the Agreement each irrevocably and unconditionally waive and agree not to plead any objection to the laying of venue or the convenience of the forum for any Dispute and they hereby specifically consent and voluntarily submit to personal jurisdiction in such courts. The non-prevailing party in any Dispute shall pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses incurred by the prevailing party in connection with such Dispute, including attorneys’ fees and expenses, even in not recoverable at law, and the fees and expenses of the arbitrator in the event of arbitration.
It is the express wish of the parties that the Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of APP CATS, its team and tournament partners, its users and the public.
APP CATS reserves the right to monitor use of the Services to determine your compliance with the Agreement, as well the right to remove or refuse any information you provide for any reason.
APP CATS may revise the Agreement at any time by updating this posting APP CATS may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the APP CATS Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
© June 2023 APP CATS, All Rights Reserved