Terms
PLEASE READ THIS UNIVERSAL TERMS OF
SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS AND REMEDIES. 1. OVERVIEW This Universal Terms of Service Agreement (this "Agreement")
is entered into by and between 981 Media, ("Media Flow Apps") and you,
and is made effective as of the date of electronic acceptance. This Agreement
sets forth the general terms and conditions of your use of this website (this "Site")
and the products and services (collectively, the "Services") found at
this Site, and is in addition to (not in lieu of) any specific terms and
conditions that apply to the particular Services you purchase or access through
this Site. Services found on Mediaflowapps.com do not guarantee
publishing in AppStore or Android Market. Your apps
created on Mediaflowapps.com, using software created by 981 Media or developed
by 981 Media's dev team are still subject to review and approval by Apple's Review
Team or are subject to review and approval by Android Market submission
process. Your electronic acceptance of this Agreement signifies that
you have read, understand, acknowledge and agree to be bound by this Agreement,
along with the following corporate policies and/or agreements: The terms "we", "us" or "our" shall refer to Media Flow Apps.
The terms "you", "your" or "User" shall refer to any individual or entity who
accepts this Agreement. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits. Media Flow Apps, in its sole and absolute discretion, may
change or modify this Agreement, and the corporate policies and/or agreements
which are incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon the earlier of (i)
our email notification to you advising you of such changes or modifications or
(ii) your electronic acceptance of this Agreement after such changes or
modifications have been made to this Agreement as indicated by the "Last
Revised" date at the top of this page. 2. ELIGIBILITY; AUTHORITY This Site and the Services found at this Site are available
only to Users who can form legally binding contracts under applicable law. By
using this Site or the Services found at this Site, you represent and warrant
that you are (i) at least eighteen (18) years of age
and/or (ii) otherwise recognized as being able to form legally binding contracts
under applicable law. If you are entering into this Agreement on behalf of a
corporate entity, you represent and warrant that you have the legal authority
to bind such corporate entity to the terms and conditions contained in this
Agreement, in which case the terms "you", "your" or "User"
shall refer to such corporate entity. If, after your electronic acceptance of
this Agreement, Media Flow Apps finds that you do not have the legal authority
to bind such corporate entity, you will be personally responsible for the
obligations contained in this Agreement, including, but not limited to, the
payment obligations. Media Flow Apps shall not be liable for any loss or damage
resulting from Media Flow Apps's reliance on any
instruction, notice, document or communication reasonably believed by Media
Flow Apps to be genuine and originating from an authorized representative of
your corporate entity. If there is reasonable doubt about the authenticity of
any such instruction, notice, document or communication, Media Flow Apps reserves
the right (but undertakes no duty) to require additional authentication from
you. 3. ACCOUNTS; TRANSFER OF DATA ABROAD Accounts. In order to access
some of the features of this Site or use some of the Services found at this
Site, you will have to create an account (an "Account"). You represent
and warrant to Media Flow Apps that all information you submit when you create
your Account is accurate, current and complete, and that you will keep your
Account information accurate, current and complete. If Media Flow Apps has
reason to believe that your Account information is untrue, inaccurate,
out-of-date or incomplete, Media Flow Apps reserves the right, in its sole and
absolute discretion, to suspend or terminate your Account. You are solely
responsible for the activity that occurs on your Account, whether authorized by
you or not, and you must keep your Account information secure, including
without limitation your customer number/login, password, Payment Method(s) (as
defined below), and shopper PIN. For security purposes, Media Flow Apps
recommends that you change your password at least once every six (6) months for
each Account you have with Media Flow Apps. You must notify Media Flow Apps
immediately of any breach of security or unauthorized use of your Account. Media
Flow Apps will not be liable for any loss you incur due to any unauthorized use
of your Account. You, however, may be liable for any loss Media Flow Apps or
others incur caused by your Account, whether caused by you, or by an authorized
person, or by an unauthorized person. Transfer of Data Abroad. If you are visiting
this Site from a country other than the country in which our servers are
located, your communications with us may result in the transfer of information
(including your Account information) across international boundaries. By
visiting this Site and communicating electronically with us, you consent to
such transfers. 4. GENERAL RULES OF CONDUCT You acknowledge and agree that:
Media Flow Apps reserves the right to modify, change, or
discontinue any aspect of this Site or the Services found at this Site,
including without limitation prices and fees for the same, at any time. 5. YOUR USE OF Media Flow Apps CONTENT AND USER CONTENT In addition to the general rules above, the provisions in
this Section 5 apply specifically to your use of Media Flow Apps Content and
User Content posted to Media Flow Apps's corporate
websites (i.e., those sites which Media Flow Apps directly controls or
maintains). The applicable provisions are not intended to and do not have the
effect of transferring any ownership or licensed rights (including intellectual
property rights) you may have in content posted to your hosted websites. Media Flow Apps Content. Except for User
Content, the content on this Site and the Services found at this Site,
including without limitation the text, software, scripts, source code, API,
graphics, photos, sounds, music, videos and interactive features and the
trademarks, service marks and logos contained therein ("Media Flow Apps
Content"), are owned by or licensed to Media Flow Apps in perpetuity, and
are subject to copyright, trademark, and/or patent protection in the United
States and foreign countries, and other intellectual property rights under
United States and foreign laws. Media Flow Apps Content is provided to you "as
is", "as available" and "with all faults" for your information and personal,
non-commercial use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior written consent
of Media Flow Apps. No right or license under any copyright, trademark, patent,
or other proprietary right or license is granted by this Agreement. Media Flow
Apps reserves all rights not expressly granted in and to the Media Flow Apps
Content, this Site and the Services found at this Site, and this Agreement do
not transfer ownership of any of these rights. User Content. Some of the features
of this Site or the Services found at this Site may allow Users to view, post,
publish, share, store, or manage (a) ideas, opinions, recommendations, or
advice ("User Submissions"), or (b) literary, artistic, musical, or
other content, including but not limited to photos and videos (together with
User Submissions, "User Content"). By posting or publishing User Content
to this Site or to the Services found at this Site, you represent and warrant
to Media Flow Apps that (i) you have all necessary
rights to distribute User Content via this Site or via the Services found at
this Site, either because you are the author of the User Content and have the
right to distribute the same, or because you have the appropriate distribution
rights, licenses, consents, and/or permissions to use, in writing, from the
copyright or other owner of the User Content, and (ii) you do not violate the
rights of any third party. Security. You agree not to
circumvent, disable or otherwise interfere with the security-related features
of this Site or the Services found at this Site (including without limitation
those features that prevent or restrict use or copying of any Media Flow Apps
Content or User Content) or enforce limitations on the use of this Site or the
Services found at this Site, the Media Flow Apps Content or the User Content
therein. 6. Media
Flow Apps'S USE OF USER CONTENT The provisions in this Section 6 apply specifically to Media
Flow Apps's use of User Content posted to Media Flow Apps's corporate websites (i.e., those sites which Media
Flow Apps directly controls or maintains). The applicable provisions are not
intended to and do not have the effect of transferring any ownership or
licensed rights (including intellectual property rights) you may have in
content posted to your hosted websites. Generally. You shall be solely
responsible for any and all of your User Content or User Content that is
submitted through your Account, and the consequences of, and requirements for,
distributing it. With Respect to User Submissions. You acknowledge and
agree that:
With Respect to User Content (Other
Than User Submissions). If you have a mobile application developed on Media Flow
Apps or another service provider, you shall retain all of your ownership or
licensed rights in User Content posted on your website. However, if you post or publish your User Content to this
Site, you authorize Media Flow Apps to use the intellectual property and other
proprietary rights in and to your User Content to enable inclusion and use of
the User Content in the manner contemplated by this Site and this Agreement.
Accordingly, you hereby grant Media Flow Apps a worldwide, non-exclusive,
royalty-free, sublicensable (through multiple tiers),
and transferable license to use, reproduce, distribute, prepare derivative
works of, combine with other works, display, and perform your User Content in
connection with this Site and Media Flow Apps's (and Media
Flow Apps's affiliates') business(es),
including without limitation for promoting and redistributing all or part of
this Site in any media formats and through any media channels without
restrictions of any kind and without payment or other consideration of any
kind, or permission or notification, to you or any third party. You also hereby
grant each User of this Site a non-exclusive license to access your User
Content (with the exception of User Content that you designate "private" or
"password protected") through this Site, and to use, reproduce, distribute,
prepare derivative works of, combine with other works, display, and perform
your User Content as permitted through the functionality of this Site and under
this Agreement. The above licenses granted by you in your User Content
terminate within a commercially reasonable time after you remove or delete your
User Content from this Site. You understand and agree, however, that Media Flow
Apps may retain (but not distribute, display, or perform) server copies of your
User Content that have been removed or deleted. The above licenses granted by
you in your User Content are perpetual and irrevocable. Notwithstanding
anything to the contrary contained herein, Media Flow Apps shall not use any
User Content that has been designated "private" or "password protected" by you
for the purpose of promoting this Site or Media Flow Apps's
(or Media Flow Apps's affiliates') business(es). 7. MONITORING OF CONTENT; ACCOUNT
TERMINATION POLICY Media Flow Apps generally does not pre-screen User Content
(whether posted to a website hosted by Media Flow Apps or posted to this Site).
However, Media Flow Apps reserves the right (but undertakes no duty) to do so
and decide whether any item of User Content is appropriate and/or complies with
this Agreement. Media Flow Apps may remove any item of User Content (whether
posted to a website hosted by Media Flow Apps or posted to this Site) and/or
terminate a User's access to this Site or the Services found at this Site for
posting or publishing any material in violation of this Agreement, or for
otherwise violating this Agreement (as determined by Media Flow Apps in its
sole and absolute discretion), at any time and without prior notice. Media Flow
Apps may also terminate a User's access to this Site or the Services found at
this Site if Media Flow Apps has reason to believe the User is a repeat
offender. If Media Flow Apps terminates your access to this Site or the
Services found at this Site, Media Flow Apps may, in its sole and absolute
discretion, remove and destroy any data and files stored by you on its servers. 8. ADDITIONAL RESERVATION OF RIGHTS Media Flow Apps expressly reserves the right to deny,
cancel, terminate, suspend, lock, or modify access to (or control of) any
Account or Services (including the right to cancel or transfer any iPhone application) that it deems necessary, in its sole
and absolute discretion, (i) to correct mistakes made
by Media Flow Apps in offering or delivering any Services, (ii) to protect the
integrity and stability of, and correct mistakes made by, any domain name
registry, (iii) to comply with applicable local, state, national and
international laws, rules and regulations, (iv) to comply with requests of law
enforcement, including subpoena requests, (v) to comply with any dispute
resolution process, (vi) to defend any legal action or threatened legal action
without consideration for whether such legal action or threatened legal action
is eventually determined to be with or without merit, or (vii) to avoid any
civil or criminal liability on the part of Media Flow Apps, its officers,
directors, employees and agents, as well as Media Flow Apps's
affiliates. Media Flow Apps expressly reserves the right to review every
Account for excessive space and bandwidth utilization, and to terminate or
apply additional fees to those Accounts that exceed allowed levels. 9. NO SPAM; LIQUIDATED DAMAGES You acknowledge you have read, understand and agree to be
bound by Media Flow Apps's Anti-Spam Policy
referenced above. You agree Media Flow Apps may immediately terminate any
Account which it believes, in its sole and absolute discretion, is transmitting
or is otherwise connected with any spam or other unsolicited bulk email. In
addition, if actual damages cannot be reasonably calculated then you agree to
pay Media Flow Apps liquidated damages in the amount of $1.00 for each piece of
spam or unsolicited bulk email transmitted from or otherwise connected with
your Account. 10. TRADEMARK AND/OR COPYRIGHT CLAIMS Media Flow Apps supports the protection of intellectual
property. If you would like to submit (i) a trademark
claim for violation of a mark on which you hold a valid, registered trademark
or service mark, or (ii) a copyright claim for material on which you hold a
bona fide copyright, please refer to Media Flow Apps's
Trademark and/or Copyright Infringement Policy referenced above. 11. LINKS TO THIRD-PARTY WEBSITES This Site and the Services found at this Site may contain
links to third-party websites that are not owned or controlled by Media Flow
Apps. Media Flow Apps assumes no responsibility for the content, terms and
conditions, privacy policies, or practices of any third-party websites. In
addition, Media Flow Apps does not censor or edit the content of any
third-party websites. By using this Site or the Services found at this Site,
you expressly release Media Flow Apps from any and all liability arising from
your use of any third-party website. Accordingly, Media Flow Apps encourages
you to be aware when you leave this Site or the Services found at this Site and
to review the terms and conditions, privacy policies, and other governing
documents of each other website that you may visit. 12. DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE
AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE
PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". Media Flow Apps, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Media
Flow Apps, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT
OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR
(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Media Flow Apps ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY
Media Flow Apps, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING
WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL
(I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND
WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD
NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF
REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW, AND shall survive any termination or expiration of this Agreement or your
use of this Site or the Services found at this Site. 13. LIMITATION OF LIABILITY IN NO EVENT SHALL Media Flow Apps,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY,
COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE
OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO
THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION,
FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY
INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES,
WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM
THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
"X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT
THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, AND WHETHER OR NOT Media Flow Apps IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY
ACKNOWLEDGE AND agree that any cause of action arising out of or related to
this Site or the Services found at this Site must be commenced within one (1)
year after the cause of action accrues, otherwise such cause of action shall be
permanently barred. IN ADDITION, You SPECIFICALLY
ACKNOWLEDGE AND agree that in no event shall Media Flow Apps's total aggregate
liability exceed the total amount paid by you for the particular ServiceS that
ARE the subject of the cause of action. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive
any termination or expiration of this Agreement or your use of this Site or the
Services found at this Site. 14. INDEMNITY You agree to protect, defend, indemnify and hold harmless Media
Flow Apps and its officers, directors, employees, and agents, from and against
any and all claims, demands, costs, expenses, losses, liabilities and damages
of every kind and nature (including, without limitation, reasonable attorneys'
fees) imposed upon or incurred by Media Flow Apps directly or indirectly
arising from (i) your use of and access to this Site
or the Services found at this Site; (ii) your violation of any provision of
this Agreement or the corporate policies and/or agreements which are
incorporated herein; and/or (iii) your violation of any third-party right,
including without limitation any intellectual property or other proprietary
right. The indemnification obligations under this section shall survive any
termination or expiration of this Agreement or your use of this Site or the
Services found at this Site. 15. FEES AND PAYMENTS You agree to pay any and all prices and fees due for
Services purchased at this Site at the time you order the Services. All prices
and fees are non-refundable unless otherwise expressly noted, even if your
Services are suspended, terminated, or transferred prior to the end of the
Services term. Media Flow Apps expressly reserves the right to change or modify
its prices and fees at any time, and such changes or modifications shall be
posted online at this Site and effective immediately without need for further
notice to you. If you have purchased Services for a period of months or years,
changes or modifications in prices and fees shall be effective when the
Services in question come up for renewal as further described below. Where refunds are issued, Media Flow Apps's
issuance of a refund receipt is confirmation that Media Flow Apps has submitted
your refund to the Payment Method charged at the time of the original sale. You
acknowledge and agree that the associated payment provider and/or individual
issuing bank establish and regulate the time frames for posting your refund.
Refund posting time frames may range from five (5) business days to a full
billing cycle. Except as prohibited in any product-specific agreement, you
may pay for Services by PayPal (as defined below). For Services that offer "Express
Checkout", clicking the Express Checkout button will automatically place an
order for that Service and charge the primary Payment Method on file for your
Account. Confirmation of that order will be sent to the email address on file
for your Account. Your Payment Method on file must be kept valid if you have
any active Services in your Account. If you are being billed on a monthly basis, your monthly
billing date will be based on the date of the month you purchased the Services
unless that date falls after the 28th of the month, in which case your billing
date will be the 28th of each month. In an effort to ensure that there is no interruption of
Services, Media Flow Apps may participate in "recurring billing programs" or
"account updater services" supported by your credit card provider (and
ultimately dependent on your bank's participation). If you are enrolled in an
automatic renewal option and we are unable to successfully charge your existing
Payment Method, your credit card provider (or your bank) may notify us of
updates to your credit card number and/or expiration date, or they may
automatically charge your new credit card on our behalf without notification to
us. In accordance with recurring billing program requirements, in the event
that we are notified of an update to your credit card number and/or expiration
date, Media Flow Apps will automatically update your payment profile on your
behalf. Media Flow Apps makes no guarantees that we will request or receive updated
credit card information. You acknowledge and agree that it is your sole
responsibility to modify and maintain your Account settings, including but not
limited to (i) setting your renewal options and (ii)
ensuring your associated Payment Method(s) are current and valid. Further, you
acknowledge and agree that your failure to do so, may result in the
interruption or loss of Services, and Media Flow Apps shall not be liable to
you or any third party regarding the same. If for any reason Media Flow Apps is unable to charge your
Payment Method for the full amount owed for the Services provided, or if Media
Flow Apps is charged a penalty for any fee it previously charged to your
Payment Method, you agree that Media Flow Apps may pursue all available lawful
remedies in order to obtain payment. If you pay by credit card and if for any
reason Media Flow Apps is unable to charge your credit card with the full
amount owed for the Services provided, or if Media Flow Apps is charged back
for any fee it previously charged to the credit card you provided, you agree
that Media Flow Apps may pursue all available lawful remedies in order to
obtain payment. You agree that the remedies Media Flow Apps may pursue in order
to effect payment shall include, but not be limited to, immediate cancellation
without notice to you of any domain names or Services registered or renewed on
your behalf. Media Flow Apps reserves the right to charge you reasonable
"administrative fees" or "processing fees" for (i)
tasks Media Flow Apps may perform outside the normal scope of its Services,
(ii) additional time and/or costs Media Flow Apps may incur in providing its
Services, and/or (iii) your noncompliance with this Agreement (as determined by
Media Flow Apps in its sole and absolute discretion). Typical scenarios include,
but are not limited to, customer service issues that require additional
personal time or attention, fees incurred by third-party payment providers such
as PayPal, fees incurred as the result of chargebacks
or other payment disputes brought by you, your bank, or a Payment Method
processor, and disputes that require accounting or legal services. These
administrative fees or processing fees will be billed to the Payment Method you
have on file with Media Flow Apps. All transactions are processed in U.S. dollars. In addition,
you acknowledge and agree that you may be charged exchange rate conversion
fees, Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or
other localized fees and/or taxes, based on your bank and/or the country
indicated in your billing address section. (A) PAY BY PAYPAL By using Media Flow Apps's pay by
PayPal payment option ("PayPal"), you can purchase Media Flow Apps
Services using PayPal. In connection therewith, you agree to allow PayPal to debit
the full amount of your purchase from your PayPal account ("PayPal Account")
or from the credit card(s), bank account(s), or other allowed Payment Method(s)
linked to your PayPal Account ("PayPal Funding Source"). It is your responsibility to keep your PayPal Account and
PayPal Funding Source current and funded, and your PayPal Account backed by a
valid credit card. You acknowledge and agree that (i)
PayPal reserves the right to decline a transaction for any reason (including,
but not limited to, payments that fail to go through as a result of your PayPal
Account or PayPal Funding Source no longer existing or not holding
available/sufficient funds) and (ii) in such event, neither PayPal nor Media
Flow Apps shall be liable to you or any third party regarding the same. If for
any reason PayPal is unable to withdraw the full amount owed for your purchase,
you agree that PayPal and Media Flow Apps may pursue all available lawful
remedies in order to obtain payment. You agree that if the transaction is
returned unpaid, you will pay a service charge of $25.00 or the maximum amount
allowed by law, which may be debited from your PayPal Account or PayPal Funding
Source. By clicking the box labeled "I agree" to the terms of the
PayPal payment option, you authorize a debit of the full amount of your
purchase from your PayPal Account or PayPal Funding Source. 16. PROMOTING BRAND NAMES If your application promotes a brand name you need to be
enrolled in Apple's iOS program. This is an Apple
policy. According to Apple's policy, application authors that promote brand
names are required to be enrolled in Apple's iOS
program. You need to open your own Apple developer account in order to post
your application on AppStore. To create an Apple
Developer account please go to http://developer.apple.com/programs/ios 17. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors and
assigns. 18.CANCELLATION/REFUND POLICY After signing up, you have a 14-day cancellation period.
Should you choose to cancel Media Flow Apps plan within this period, you will
receive a full refund of all monthly payments and setup fees. If you submit
your cancel request after 14 days we will process your refund request based on
the amount of work we've done processing your tickets, number of builds we've
made for your apps and the number of apps you've submitted to AppStore or Android Market. Upon cancellation, you will not
receive use of your service through the end of the period for which you have
already been billed. At the end of that period, you will no longer be billed
for the service and no more recurring transactions will be applied to your
account. Only monthly payments and setup fees are refundable. One time
purchases, custom development/design, custom work items, custom server
installation/configuration work items are non-refundable. 19. NO THIRD-PARTY BENEFICIARIES Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits. 20. U.S. EXPORT LAWS This Site and the Services found at this Site are subject to
the export laws, restrictions, regulations and administrative acts of the
United States Department of Commerce, Department of Treasury Office of Foreign
Assets Control ("OFAC"), State Department, and other United States
authorities (collectively, "U.S. Export Laws"). Users shall not export
or re-export, or allow the export or re-export of, the Services found at this
Site in violation of any U.S. Export Laws. None of the Services found at this
Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to
which the United States has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders, or any other denied parties lists
under U.S. Export Laws. By using this Site and the Services found at this Site,
you agree to the foregoing and represent and warrant that you are not a
national or resident of, located in, or under the control of, any restricted
country; and you are not on any denied parties list; and you agree to comply
with all U.S. Export Laws (including "anti-boycott", "deemed export" and
"deemed re-export" regulations). If you access this Site or the Services found
at this Site from other countries or jurisdictions, you do so on your own
initiative and you are responsible for compliance with the local laws of that
jurisdiction, if and to the extent those local laws are applicable and do not
conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws,
you shall not access this Site or the Services found at this Site. The
obligations under this section shall survive any termination or expiration of
this Agreement or your use of this Site or the Services found at this Site. 21. COMPLIANCE WITH LOCAL LAWS Media Flow Apps makes no representation or warranty that the
content available on this Site or the Services found at this Site are
appropriate in every country or jurisdiction, and access to this Site or the
Services found at this Site from countries or jurisdictions where its content
is illegal is prohibited. Users who choose to access this Site or the Services
found at this Site are responsible for compliance with all local laws, rules
and regulations. 22. GOVERNING LAW; JURISDICTION; VENUE;
WAIVER OF TRIAL BY JURY Except for disputes governed by the Uniform Domain Name
Dispute Resolution Policy referenced above, this Agreement shall be governed by
and construed in accordance with the federal law of the United States and the
state law of Washington, whichever is applicable, without regard to conflict of
laws principles. You agree that any action relating to or arising out of this
Agreement shall be brought in the state or federal courts of King County,
Washington, and you hereby consent to (and waive all defenses of lack of
personal jurisdiction and forum non conveniens with
respect to) jurisdiction and venue in the state and federal courts of King
County, Washington. You agree to waive the right to trial by jury in any action
or proceeding that takes place relating to or arising out of this Agreement. 23. TITLES AND HEADINGS; INDEPENDENT
COVENANTS; SEVERABILITY The titles and headings of this Agreement are for
convenience and ease of reference only and shall not in any way be utilized to
construe or interpret the agreement of the parties as otherwise set forth
herein. Each covenant and agreement in this Agreement shall for all purposes be
construed to be a separate and independent covenant or agreement. If a court of
competent jurisdiction holds any provision (or portion of a provision) of this
Agreement to be illegal, invalid, or otherwise unenforceable, the remaining
provisions (or portions of provisions) of this Agreement shall not be affected
thereby and shall be found to be valid and enforceable to the fullest extent
permitted by law. 24. CONTACT INFORMATION If you have any questions about this Agreement, please
contact us by email or regular mail at the following address: 981 Media | ||||||||