Terms of Service
Last Modified: September 26, 2019
Focus IP, Inc. dba AppDetex (“AppDetex” or “we”) reserves the right to change these terms and conditions of use (the “Terms of Service”) from time to time. Notifications of revisions to these Terms of Service will be posted on the web site and revised terms will become effective immediately.
These Terms of Service apply to the web site located at www.Appdetex.com and all related webpages (collectively, the “Web Site”).
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.
- Web Site Limited License. As a user of this Web Site, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to access and use this Web Site in accordance with these Terms of Service and any written, signed agreement between you and AppDetex. AppDetex may terminate this license at any time for any reason subject to the requirements of any written, signed agreement between you and AppDetex.
Upon termination of the license, you agree to terminate access to the Web Site and return or destroy any access codes to the AppDetex system provided by AppDetex.
- Limitations on Use; Third Party Communications.
2.1. Limitations on Use. This Web Site is for your personal digital risk protection use only and not for commercial exploitation or use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site without AppDetex’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted herein. You may not use or otherwise export or re-export this Web Site or any portion thereof in violation of the export control laws and regulations of the United States of America. Any illegal or unauthorized use of this Web Site is prohibited. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Web Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Site. You will use this Web Site in accordance with all applicable local, state and federal rules and regulations. You may not republish any of the proprietary reports created by the information gathered through the Web Site except for any use authorized in writing by AppDetex or for your personal digital risk protection.
2.2. Third Party Communications. The Web Site may contain links to third-party service providers, content providers, websites, and/or platforms. AppDetex is not related to any such third-party providers unless explicitly stated or identified as such. AppDetex disclaims any and all liability for any third-party communications, content, or data you may receive or any actions you may take or refrain from taking as a result of any third-party communications, content or data. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party communications, content, or data. AppDetex assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any third-party communications, content, or data. As used herein, “third party communications” means any communications, content, or data directed to you from any third-party service providers, content providers, websites, and/or platforms, directly or indirectly connected with this Web Site.
2.3. Third Party Content. The Web Site may contain links to third-party applications, products, services, platforms, websites, and/or software. AppDetex exercises no control over any such third-party applications, products, services, platforms, websites, and/or software and is not responsible for the performance, accuracy, reliability, or availability thereof. AppDetex is not responsible or liable for any content, advertising, communications, or other materials available through third-party applications, products, services, platforms, websites, and/or software. AppDetex is not responsible or liable, directly or indirectly, for any damage, loss, or harm caused to you by your use of or reliance upon any content, communications, goods, or services (or any information related to any applications, software, platforms, or websites) available through the third-party applications, products, services, platforms, websites, and/or software.
- No Legal Advice. Information gathered through the use of this Web Site is not intended to and does not constitute legal advice and nothing herein creates an attorney-client relationship. The accuracy, completeness, or adequacy of the content, however available to you, is not warranted nor guaranteed. Any search results, whether resulting from text searches, image recognition, or similarity algorithms, are not warranted nor guaranteed, and are used at your own risk. Your use of the content on this Web Site or materials linked from this Web Site is at your own risk. The Web Site provides you with data from several third-party sources for your convenience. It is your responsibility to independently verify the accuracy of such data or information, or any data or other information derived therefrom.
- Intellectual Property Rights. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Web Site is owned, controlled or licensed by or to AppDetex, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Service, no part of the Web Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without AppDetex’s express prior written consent. You may use information on AppDetex products and services (such as articles or studies posted by AppDetex) purposely made available for downloading from the Web Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. All information available through the Web Site (other than third-party information) is the exclusive property of AppDetex and is also protected by copyright, trademark, service mark, patent, other intellectual property laws, and associated common law principles. This protection extends to all areas of the Web Site, including both subscriber and non-subscriber areas. Any recommendations or feedback provided to AppDetex by you in connection with any improvements or modifications to the Web Site shall remain the property of AppDetex.
You agree that you shall not, directly or indirectly, (i) sell, lease, assign, sublicense or otherwise transfer, (ii) duplicate, reproduce or copy, (iii) disclose, divulge or otherwise make available to any third party, (iv) use except as authorized by these Terms of Service, or (v) decompile, disassemble or otherwise analyze the Web Site including all trade secrets and confidential information therein, for reverse engineering purposes. You agree that you shall not permit any third party to have access to the use of the Web.
- Web Site. Links. You may provide links to this Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web Site, including any advertisements, terms, conditions, policies, copyright notices, and other notices on this Web Site, (b) you immediately deactivate and discontinue providing links to this Web Site if requested by AppDetex, and (c) you understand that AppDetex may deactivate any link(s) at its discretion.
- Third-Party Content On Web Site. This Web Site may contain third-party content and such third parties are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. AppDetex will not be responsible for the illegality of, any error, or other inaccuracy in any third-party materials or for any statements, acts, or omissions of any third-parties set forth on this Web Site.
- Accounts, Passwords, and Security. Use of the services and products provided through this Web Site requires you to be a subscriber, including establishing a user id and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify AppDetex immediately of any unauthorized use or loss of your account or password, or any other breach of security. You may be held liable for losses incurred by AppDetex or any other user of the Web Site due to someone else using your user identification, password or account as a result of your failing to keep your account information secure and confidential.
- Errors and Corrections. AppDetex does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. AppDetex does not warrant or represent that information or data available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. You agree that you will use the data in any material at your own risk. AppDetex may make improvements, alterations, and/or changes to its features, interfaces, and/or functionality at any time and without obtaining consent from any subscriber, user, or customer. Additionally, AppDetex offers Managed Services, including enforcement of intellectual property rights and other digital risk protection activities, as part of its products and solution offerings through this Web Site. With respect to these products and solution offerings, AppDetex shall not be liable for any actions that are taken by any of its customer representatives (or other officers, employees, or agents) at the instruction of, the direction of, or request of a subscriber, customer, or user.
- Third-Party Content. Third-party content, including but not limited to data, websites, platforms, software, or applications, may appear on this Web Site or may be accessible via links from this Web Site. AppDetex shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the data, statements, opinions, representations, or any other form of content contained in any third-party content appearing on this Web Site. You understand that the data, information, or opinions in the third-party content are neither endorsed by nor does it reflect the belief or opinion of AppDetex.
- Attorney Ethics Notice. If you are an attorney using the Web Site, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your use and that you will abide by these Rules which include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. AppDetex disclaims all responsibility for your compliance with these Rules.
- DISCLAIMER. APPDETEX DOES NOT PROMISE THAT THE WEB SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ANY USE RELATED HERETO IS ON AN “AT OWN RISK” BASIS. APPDETEX EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APPDETEX DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR RELATED IN ANY WAY TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE INCLUDING, BUT NOT LIMITED TO, DATA AND TECHNICAL INACCURACIES AND TYPOGRAPICAL ERRORS; (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS, DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED, TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THIS WEB SITE OR ANY THIRD-PARTY WEB SITE, DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; (E) YOUR USE OF THIS WEB SITE OR ANY THIRD-PARTY DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THIRD-PARTY WEBSITE, CONTENT, DATA, PLATFORMS, SOFTWARE, OR APPLICATIONS; OR (G) ANY SEARCH RESULTS, OR SEARCH FUNCTIONS, WHETHER RESULTING FROM SEARCHES OF THIRD-PARTY DATABASES, PLATFORMS, WEB SITES, SOFTWARE, APPLICATIONS, OR OTHERWISE, AND THE CONTENT THEREIN OR DERIVED THEREFROM.
IF YOU PROVIDE ANY INFORMATION TO APPDETEX THROUGH THE WEBSITE YOU REPRESENT AND AFFIRM THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO AND THAT YOU HAVE OBTAINED ANY NECESSARY CONSENTS OR AUTHORIZATIONS TO PROVIDE ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ANY INFORMATION COVERED BY ANY DATA PROTECTION LEGISLATION OR REGULATION, INCLUDING BUT NOT LIMITED TO THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (“GDPR”), AND RELATED DATA PROTECTION LAWS. FURTHERMORE, YOU AFFIRM THAT FOR PURPOSES OF THE GDPR YOU ARE THE DATA CONTROLLER AND THAT APPDETEX SERVES ONLY AS THE DATA PROCESSOR, ANY DATA PROCESSED BY THIS AGREEMENT WILL BE PROCESSED AND STORED IN ACCORDANCE WITH THE GDPR, AND THAT DATA WILL ONLY BE ACQUIRED AND STORED IN ACCORDANCE WITH THE PROVISIONS OF THE GDPR.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alternation of, or use, whether for breach of contract, tort, negligence or any other cause of action. You, as the customer, subscriber, or user agree that you shall have the sole responsibility for protecting your data and property used in connection with the Web Site and any related third-party websites, platforms, software, or applications.
AppDetex reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Web Site (including any related third-party websites, platforms, software, or applications) or any portion thereof, for any reason; (2) to modify or change the Web Site, or any portion of the Web Site, and any applicable policies or terms; and (3) to interrupt the operation of the Web Site, or any portion of the Web Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Nothing contained herein is intended to prevent AppDetex from making commercially reasonable changes, modifications, suspensions, or terminations of operations or access.
- LIMITATION OF LIABILITY. APPDETEX SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM: YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SEARCH RESULTS OR SEARCH FUNCTIONS PROVIDED THEREIN OR RESULTING THEREFROM, OR ANY THIRD-PARTY WEBSITES, PLATFORMS, APPLICATIONS, OR SOFTWARE. APPDETEX SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE INCLUDING ANY INFORMATION PROVIDED ON THE WEB SITE, OR FROM ANY THIRD-PARTY WEBSITES, PLATFORMS, APPLICATIONS, OR SOFTWARE, ANY RESULTING USE OF SUCH INFORMATION, OR ANY ACTIONS, OR INACTIONS, TAKEN BY ANY CUSTOMERS, USERS, OR SUBSCRIBERS OF THIS WEBSITE OR CLIENTS OR CUSTOMERS OF APPDETEX. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, APPDETEX’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
- Indemnification.You agree to indemnify, defend and hold AppDetex, its officers, directors, employees, agents, licensors, suppliers, and any third-party information, website, software, applications, or content providers to this Web Site, harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorney’s fees and costs, resulting from any of the following: (1) your use of this website; (2) your use of any of the information contained on this website, obtained from this website or related thereto, including from third parties; or (3) your violation of any of these Terms of Service.
- Third-Party Rights.The provisions of paragraphs herein re Disclaimer, Limitation of Liability, Errors and Corrections, and Indemnification are for the benefit of AppDetex and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers, platforms, or web sites to this Web Site or related thereto. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Unlawful Activity.AppDetex reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action AppDetex deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information.
- Remedies for Violations.AppDetex reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular internet address to this Web Site and any other AppDetex web sites and their features.
- Governing Law and Jurisdiction.These Terms of Service are governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any conflict of laws provisions, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of Idaho, with venue in Ada County, Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
- Independent Parties.Your use of the Web Site, or any services or products related thereto, shall not be construed as creating any joint venture, partnership, agency, or employment relationship between you and AppDetex.
- YouTube API Services. If you are using an AppDetex website product or service or any other AppDetex product or service that utilizes or requires the use of the YouTube API in order to access the information required to provide the applicable AppDetex product or service, you agree to be bound by YouTube’s Terms of Service (available at https://www.youtube.com/t/terms) and are agreeing to be bound by any changes, additions or related terms thereto that may be listed separately or otherwise concerning the YouTube API, either at YouTube.com or otherwise.
- Additional Terms.
20.3. Modifications to Terms of Service. AppDetex reserves the right to change these Terms of Service at any time. Any updated versions of the Terms of Service will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Service. Your continued use of this Web Site after any such changes constitutes your consent to such changes.
If you have any questions or concerns about the Web Site or these Terms of Service, please contact us at:
Focus IP Inc (dba AppDetex)
508 S. 8th St.
Boise, Idaho 83702
Attn: Ben Milam, General Counsel
or email us at: email@example.com
© Copyright 2019 Focus, IP, Inc. (dba AppDetex). All Rights Reserved.