Terms of Service:
The following terms and conditions govern all use of the AppilyWed.com website, mobile Apps and all content, services and products available at or through the website or Apps, including, but not limited to, the AppilyWed.com website, and iOS app and Android App (“Apps”). The Website and Apps are owned and operated by AppyTech Labs Inc. (“AppilyWed”). The Website and Apps are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by AppilyWed (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website or Apps. By accessing or using any part of the web site or Apps, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by AppilyWed, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your AppilyWed.com Account and Site. If you create Apps on the Website, you are responsible for maintaining the security of your account and the Apps, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Apps. You must immediately notify AppilyWed of any unauthorized uses of your Apps, your account or any other breaches of security. AppilyWed will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to the Website or Apps, post links on the Website or Apps, or otherwise make (or allow any third party to make) material available by means of the Website or App (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to AppilyWed for inclusion on your Website or the Apps, you grant AppilyWed a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your event. If you delete Content, AppilyWed will use reasonable efforts to remove it from the Website and Apps, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, AppilyWed has the right (though not the obligation) to, in AppilyWed’s sole discretion (i) refuse or remove any content that, in AppilyWed’s reasonable opinion, violates any AppilyWed policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website or Apps to any individual or entity for any reason, in AppilyWed’s sole discretion. AppilyWed will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website and App Visitors. AppilyWed has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or Apps, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and Apps, AppilyWed does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website or Apps may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website or Apps may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AppilyWed disclaims any responsibility for any harm resulting from the use by visitors of the Website or Apps, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites or Apps to which AppilyWed.com links, and that link to AppilyWed.com. AppilyWed does not have any control over those non-AppilyWed websites and webpages, and is not responsible for their contents or their use. By linking to a non-AppilyWed website or webpage, AppilyWed does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. AppilyWed disclaims any responsibility for any harm resulting from your use of non-AppilyWed websites and webpages.
- Copyright Infringement and DMCA Policy. As AppilyWed asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by AppilyWed.com violates your copyright, you are encouraged to notify AppilyWed. AppilyWed will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. AppilyWed will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of AppilyWed or others. In the case of such termination, AppilyWed will have no obligation to provide a refund of any amounts previously paid to AppilyWed.
- Intellectual Property. This Agreement does not transfer from AppilyWed to you any AppilyWed or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AppilyWed, AppyTech Labs Inc, AppilyWed.com, the AppilyWed.com logo, and all other trademarks, service marks, graphics and logos used in connection with AppilyWed.com, or the Website are trademarks or registered trademarks of AppilyWed or AppilyWed’s licensors.
- Changes. AppilyWed reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or Apps following the posting of any changes to this Agreement constitutes acceptance of those changes. AppilyWed may also, in the future, offer new services and/or features through the Website or Apps (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. AppilyWed may terminate your access to all or any part of the Website or Apps at any time, with or without cause, with or without notice, effective immediately. AppilyWed can terminate the Website or Apps immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Should you wish to terminate your account, you must provide a written request to AppilyWed. No refund shall be given for any for any request for termination 15 days after the creation of the account.
- Disclaimer of Warranties. The Website and Apps are provided “as is”. AppilyWed and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AppilyWed nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and Apps at your own discretion and risk.
- Limitation of Liability. In no event will AppilyWed, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AppilyWed under this agreement during the twelve (12) month period prior to the cause of action. AppilyWed shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless AppilyWed, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between AppilyWed and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AppilyWed, or by the posting by AppilyWed of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website or Apps will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vancouver, British Columbia. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AppilyWed may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.