Date Modified: 1st October 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site of InTeh d.o.o. ("InTeh"), located at http://www.getwapps.com/ (the "Site") and the features and services available through the Site (the "Service"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with InTeh, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and InTeh for violations of these Terms.
InTeh reserves the right to change or modify any of the terms and conditions contained in the Site Terms at any time in its sole discretion by posting the revised Site Terms on the Site and indicating at the top thereof the date such document was last updated.. You expressly agree to such form of notification and waive any right to receive individual notice of such modifications. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org
for information on how InTeh collects, uses and discloses personally identifiable information from its users.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the InTeh logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of InTeh or its licensors or users and are protected by international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of InTeh, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, InTeh has adopted a policy of terminating, in appropriate circumstances and at InTeh's sole discretion, subscribers or account holders who are deemed to be repeat infringers. InTeh may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may send us a notification of such infringement on email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
Getwapps, the Getwapps logo, TIE IT ALL TOGETHER, InTeh, the InTeh logo and any other product or service name or slogan contained in the Site are trademarks of InTeh and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of InTeh or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Getwapps" or any other name, trademark or product or service name of InTeh without our 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 InTeh and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray InTeh or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a InTeh logo or other proprietary graphic of InTeh to link to this Site without the express written permission of InTeh. Further, you may not use, frame or utilize framing techniques to enclose any InTeh trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without InTeh's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of InTeh or any third party.
InTeh makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of InTeh and InTeh is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. InTeh provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by InTeh of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Content
InTeh may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. InTeh does not monitor or have any control over any Third Party Content or third party Web sites. InTeh does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. InTeh does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third Party Products and Services
InTeh may run advertisements and promotions from third parties on the Site or may provide links to or send you promotional offers or messages regarding third party products or services. Company does not endorse, monitor or have any control over such third party products or services and makes no guarantee as to the value, reliability, accuracy or completeness of any such third party products or services or the results obtained there from. Company assumes no responsibility or liability for any third party products or services or for the actions or failure to act of those providing such third-party products or services. You assume full responsibility for your use of such third party products or services, and your business dealings or correspondence with, or participation in promotions of, advertisers or other third parties are solely between you and such third party.
Submissions, User Content, and Interactive Services or Areas
The Site and Service permit the submission, posting and transmission of questions, comments, suggestions, ideas, plans, notes, drawings, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or content on the Site ("User Content"). For example, the Site and Service may include discussion forums or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, and online hosting or storage services, through which you can submit User Content. You are solely responsible for your use of such Interactive Areas and use them at your own risk. In addition, you are solely responsible for the User Content you post, and you agree not to submit post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, [profane], indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- User Content that contains undesirable images of, content regarding, or links or references to tobacco and alcohol products, illegal drugs, excessive violence or prejudicial or discriminatory content; and
- User Content that, in the sole judgment of Radar Networks, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or the Services, or which may expose InTeh or its users to any harm or liability of any type.
Any use of the Site in violation of the foregoing rules (the "User Content Rules") violates these Site Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site and the Services. You remain solely liable for all User Content you submit or post on the Site or through the Service. InTeh takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is InTeh liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your access and use of User Content and posting of submissions is at your own risk. As a provider of interactive services, InTeh is not liable for any statements, representations or User Content provided by its users on the Site. Although InTeh does not routinely review User Content and has no obligation to review, screen, edit or monitor any of the User Content posted on the Site, InTeh reserves the right, and has absolute discretion, to review, remove, reject, disable access to, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. InTeh reserves the right, in its sole discretion, to determine whether and what action to take in response to particular User Content, and any action or inaction in a particular instance shall not dictate or limit InTeh's response with respect to other User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to submit and post such User Content to the Site and grant the licenses granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms of Service and will not violate any rights of or cause injury to any person or entity.
You retain all ownership of and copyright in any User Content you post or submit to the Site; InTeh does not claim ownership of your User Content. If you post User Content to the Site, unless we indicate otherwise, you grant InTeh and its affiliates a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world, solely for the purpose of making your User Content available on the InTeh Site.
To the extent User Content is not made available to the general public, or is restricted to private groups on the Site or within the Service ("Private Content"), InTeh agrees not to share such content with third parties or otherwise make such Private Content publicly available except (i) when we have your permission, (ii) to third party service providers who need access to such information to carry out their work for us, to the extent such service providers agree not to use Private Content for any other purpose, (iii) as part of a business transfer, or (iv) when required by law or permitted to protect our rights, property, or safety.
Registration Data; Account Security
In consideration of your use of the Site and the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to InTeh, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to InTeh.
You agree to defend, indemnify and hold harmless InTeh, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Service, including without limitation any actual or threatened suit, demand or claim made against InTeh and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY INTEH, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICE PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INTEH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. INTEH DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR AVAILABLE FROM THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. INTEH DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INTEH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, INTEH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
InTeh reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by InTeh.
Limitation of Liability
IN NO EVENT SHALL INTEH, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM INTEH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INTEH'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INTEH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO INTEH FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, InTeh reserves the right, without notice and in its sole discretion, to terminate the Site and the Service or your license to use the Site and the Service, and to block or prevent future your access to and use of the Site and the Service.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Site may be directed to InTeh at the email address firstname.lastname@example.org