Terms of Use

Terms of Use

Version 1.0

This application (the “App”) is a copyrighted work belonging to Appetizer LLC. Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted on the App in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the App. BY LOGGING INTO THE APP, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE APP.

These Terms of Use were created with the help of the Terms Of Use Generator and the Privacy Policy Generator.

Access to the App

Subject to these Terms. Appetizer LLc grants you a non-transferable, non-exclusive, revocable, limited license to access the App solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) you shall not access the App in order to build a similar or competitive app; and (d) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms.  All copyright and other proprietary notices on the App must be retained on all copies thereof.

Appetizer LLC reserves the right to change, suspend, or cease the App with or without notice to you.  You approved that Appetizer LLC will not be held liable to you or any third-party for any change, interruption, or termination of the App or any part.

No Support or Maintenance. You agree that Appetizer LLC will have no obligation to provide you with any support in connection with the App.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content are owned by Appetizer LLC or Appetizer LLC’s suppliers. Note that these Terms and access to the App do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Appetizer LLC and its suppliers reserve all rights not granted in these Terms.

Physical Activity Notice

Physical Activity. The App may include features promoting physical activity. Always consult with your medical professional and consider the risks before engaging in any physical activities. Appetizer LLC is not liable for any injuries or other damages you may sustain while using the App.

User Content

User Content. "User Content" means any and all information and content that a user submits to the App. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.  You hereby certify that your User Content does not violate our Acceptable Use Policy.  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Appetizer LLC. Because you alone are responsible for your User Content, you may expose yourself to liability. Appetizer LLC is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Appetizer LLC an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the App.  You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the App to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the App any software intended to damage or alter a computer system or data; (ii) send through the App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the App to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to the App.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Appetizer LLC with any feedback or suggestions regarding the App, you hereby assign to Appetizer LLC all rights in such Feedback and agree that Appetizer LLC shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  Appetizer LLC will treat any Feedback you provide to Appetizer LLC as non-confidential and non-proprietary.

You agree to indemnify and hold Appetizer LLC and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the App, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  Appetizer LLC reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Appetizer LLC.  Appetizer LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The App may contain links to third-party webApps and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Appetizer LLC, and Appetizer LLC is not responsible for any Third-Party Links & Ads.  Appetizer LLC provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each App user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Appetizer LLC will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any App user, we are under no obligation to become involved.

You hereby release and forever discharge Appetizer LLC and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the App. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Disclaimers

The App is provided on an "as-is" and "as available" basis, and Appetizer LLC and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make no guarantee that the App will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the App, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Appetizer LLC or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the App even if Appetizer LLC has been advised of the possibility of such damages.  Access to and use of the App is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the App.  We may suspend or terminate your rights to use the App at any time for any reason at our sole discretion, including for any use of the App in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the App will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Appetizer LLC will not have any liability whatsoever to you for any termination of your rights under these Terms.

Copyright Policy

Appetizer LLC respects the intellectual property of others and asks that users of our App do the same.  In connection with our App, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online App who are repeat infringers of intellectual property rights, including copyrights. All content on the App (excluding personal information) and intellectual property on the App is owned by Appetizer LLC or its licensors; All rights reserved.

Please note that  any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision. Updates to the Terms will be made available on our website. By continuing to use the app you are agreeing to the terms. Any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our App and/or website.  These changes will be effective immediately for new users of our App.  Continued use of our App following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If you do not agree to the new terms your right to use the app will be terminated and you must immediately stop using the app. 

Electronic Communications. The communications between you and Appetizer LLC use electronic means, whether you use the App or send us emails, or whether Appetizer LLC posts notices on the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Appetizer LLC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Appetizer LLC provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Appetizer LLC is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Appetizer LLC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Appetizer LLC may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the App are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: 311 S. Wacker Drive, Suite 4190 Chicago, Illinois 60606

Email: contact@appetizerapps.com