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Terms of Service for AppExplorer.com

Last revised November 13, 2009

By accessing, browsing, or in any way using this web site located at AppExplorer.com (the "Site" or the "Service") which is provided by Blue Indigo, LLC ("Blue Indigo"), you agree to these Terms of Service.

You must be at least eighteen (18) years of age to use the Service. Blue Indigo reserves the right to refuse service to anyone at any time without notice for any reason.

You understand that by using the Service, you may encounter material that may be deemed offensive, indecent, or objectionable; nevertheless, you agree to use the Service at your sole risk and that Blue Indigo shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

You will be responsible for all activities occurring under your account and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Blue Indigo disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Due to the nature of the information provided on the site it is highly likely that the information is incomplete and that the site displays information that is inaccurate and/or not up-to-date. Blue Indigo also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

To access or use portions of the Service you may be required to register for an account and sign in to the Service.

Definition: Your Content
Information, images, or photographs that you submit,upload, post, or transmit to, or using, the Service, including but not limited to the ratings, reviews, information that you display as part of your account profile, or other commentary that you may submit, upload, post, or transmit to, or using, the Service.
Definition: Third party site
AppExplorer may provide links to other websites ("third part sites"). Blue Indigo has no control over the content or services provided by these sites and you agree that Blue Indigo is not responsible for the availability or contents of any third party site.
Definition: Application Download Provider
Third party site that provides application purchase and download services.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Blue Indigo to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Blue Indigo.

You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.

You may not submit any content anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

Because you alone are responsible for Your Content (and not Blue Indigo), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Blue Indigo makes no representations that it will publish or otherwise use Your Content in any way. Blue Indigo may or may not use Your Content in its sole discretion. You understand that Blue Indigo does not guarantee any confidentiality with respect to Your Content. Blue Indigo has no obligation to store or provide you with copies of Your Content.

Although Blue Indigo and its affiliates may from time to time monitor or review discussions, postings, transmissions, bulletin boards and other user generated content on the Service, neither Blue Indigo nor its affiliates is under any obligation to do so. You acknowledge that Blue Indigo and its affiliates do not control the information available on the bulletin boards, and other user generated content and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or on any other user generated content are those of their respective authors who are solely liable for their content.

Blue Indigo reserves the right (but has no obligation) to remove or suppress User Content from the Service at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that Blue Indigo deems untrustworthy or in violation of the Terms of Service or any guidelines that may be posted on the Site.

Blue Indigo and its licensees may display advertisements and other information adjacent to or included with Your Content on the Service. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Blue Indigo and its licensees may receive compensation from application download providers if you use an AppExplorer link to initiate an application purchase. You agree that you are not entitled to any portion or the entirety of this compensation.

Third party sites

You may be transferred to online merchants or other third party sites through links or frames from this site. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Blue Indigo, are not monitored or reviewed by Blue Indigo, and Blue Indigo is not aware of the contents of such sites. You acknowledge that Blue Indigo is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Blue Indigo, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Blue Indigo and its licensors have no liability whatsoever from such third party sites and your usage of them.

Disclaimers

  1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. BLUE INDIGO MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF REVIEWS AND OTHER INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. BLUE INDIGO FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM BLUE INDIGO OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
  2. BLUE INDIGO SPECIFICALLY DISCLAIMS ALL LIABILITY RELATING TO YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT. ACCESS TO, AND USE OF, THE SITE, SERVICES, AND SITE CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. BLUE INDIGO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH THE SERVICES.
  3. YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE, ARE SOLELY BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS. BLUE INDIGO IS NOT RESPONSIBLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY SUCH COMMUNICATIONS OR DEALINGS. BLUE INDIGO RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND SUCH BUSINESSES, ADVERTISERS, AND USERS.
  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS, OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation on Liability.

WITHOUT LIMITING THE FOREGOING, BLUE INDIGO WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLUE INDIGO'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO BLUE INDIGO IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Blue Indigo, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Blue Indigo reserves the right, at your expense, 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 Blue Indigo. Blue Indigo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

These Terms of Service and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts.

The Terms of Service may be modified by Blue Indigo at any time. When these changes are made, Blue Indigo will notify you by making a new copy of the Terms of Service available on this page and will indicate at the top of this page the date these terms were last revised. Any such modification will be effective upon Blue Indigo's posting of new Terms of Service. Your continued use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification. Unless expressly stated otherwise by Blue Indigo, any new site content implemented after your initial access to the Service shall be subject to the Terms of Service.


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