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GENERAL TERMS OF USE FOR THE INTERAPP APP, WEBSITE AND INTERAPP,INC POWERED PRODUCTS

  1. LEGAL RELATIONSHIP

    1. These general terms of use (“Terms of Use”) which You are currently reading are used by InterApp, Inc. Unless We tell you otherwise, the Terms of Use govern Your access to and use of Our applications, products, services, software and websites including without limitation access to content and functionalities provided by INTERAPP, INC or by third parties.

    2. By accessing or using the INTERAPP, INC App, the INTERAPP, INC Website and/or any other INTERAPP, INC Services, You agree to be bound by these Terms of Use (as amended from time to time) which constitute a binding legal agreement between You and Us.

    3. We reserve the right to change the Terms of Use from time to time at Our sole discretion and Your use of the INTERAPP, INC Services will be subject to the most current version of the Terms of Use posted on the INTERAPP, INC Website or available within the INTERAPP, INC App at the time of such use. We recommend that You read through the Terms of Use from time to time so that You can be sure that You are aware of the latest version. If You breach any of the Terms of Use, Your authorization to use the INTERAPP, INC Services automatically and immediately terminates and You must immediately cease use of the INTERAPP, INC Services and remove any materials downloaded from the INTERAPP, INC Services from Your computer systems and devices.

    4. If You are under the age of 18, You must read these Terms of Use with a parent or legal guardian. If You are under the age of 13, We recommend that You have their permission to use the INTERAPP, INC Services and before submitting or sharing any personal details or content with Us or any other user of the INTERAPP, INC Services.

  1. WHAT DO THESE TERMS OF USE NOT APPLY TO?

    1. THE TERMS OF USE CONTAINED WITHIN THIS DOCUMENT DO NOT APPLY TO YOUR USE OF the INTERAPP CREATOR. USERS OF The INTERAPP CREATOR SHOULD REFER TO THE SPECIFIC TERMS OF USE PROVIDED WITH THIS SERVICE, BECAUSE THE WORDING OF THOSE TERMS OF USE WILL DIFFER IN PARTS FROM THE TERMS SET OUT BELOW.

    2. EQUALLY, SOME VERSIONS OF THE INTERAPP, INC APP PROVIDED FOR USE WITH A PARTICULAR INTERAPP, INC POWERED EXPERIENCE OR PRODUCT MAY HAVE A DIFFERENT SET OF TERMS OF USE WHICH ARE UNIQUE TO THAT APP. THESE TERMS OF USE WILL NORMALLY BE LOCATED WITHIN THE APP ITSELF. FOR APPS WHICH HAVE THEIR OWN IN-APP TERMS OF USE, THE PROVISIONS OF THAT DOCUMENT WILL APPLY IN PLACE OF THE TERMS OF USE SET OUT BELOW.

  2. WHAT MEANS WHAT?

    1. In these Terms of Use certain words with a Capital letter have a particular meaning. These are listed below:

“Content”

means any animation, documents, images, links, sound files, videos, text, or any other content or materials which are made available to the public via the INTERAPP, INC Services. 

“Intellectual Property Rights”

means patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs. 

“Third Party Content”

means Content which is owned or controlled by a person other than INTERAPP, INC, including (1) Content which is licensed to Us by a brand or an entertainment franchise and (2) Content which is made available by users of Our THE INTERAPP CREATOR service. 

“User”

means a person who makes use of the INTERAPP, INC Services regardless of whether or not they register with Us. 

“User Generated Content”

means Content which a User creates, submits, uploads, posts, links to, displays or shares on or through the INTERAPP, INC Services. 

“You”, “Your”

means you, the person visiting and using the INTERAPP, INC Website, installing and using the INTERAPP, INC App, or registering as a user of INTERAPP, INC Services. 

“INTERAPP, INC”, “We”, “Our”, “Us”

means INTERAPP, INC incorporated and registered in Delaware, United States together with its holding companies, subsidiaries and other group companies as the case may be. 

“INTERAPP, INC App”

means Our augmented reality interactive entertainment application for smartphones and tablets entitled INTERAPP, including all versions of that application which may be available for download from time to time from the App Store or Google Play. 

“INTERAPP, INC Content”

means Content owned by INTERAPP, INC which We are responsible for and make available to Users via the INTERAPP, INC Services. 

“INTERAPP, INC Services”

means collectively the INTERAPP, INC App, the INTERAPP, INC Website, Our INTERAPP, INC POWERED products and any other applications, products or services of INTERAPP, INC which You may use unless excluded by Clause 2 (What Do these Terms of Use Not Apply to?). A reference to “INTERAPP, INC Services” includes any and all related databases, features, functionality, plug-ins, software and web pages and with respect to INTERAPP, INC POWERED products, experiences and items, any INTERAPP PLATFORM which appears on or within that product, experience or item. 

“INTERAPP, INC Website”

means the official INTERAPP, INC website available at www.InterAppUSA.com. 

    1. In these Terms of Use:

      • The words “includes” and “including” are not limited in any way and mean “includes or including without limitation”.

      • The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.

      • The clause and paragraph headings are for convenience only and shall not affect their interpretation.

      • Unless stated otherwise, references to a Clause is to a clause of these Terms Of Use.

      • Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of Our published policy documents, or in any written communication to You, the provision or term contained in the most recent policy document or communication shall apply.

      • These Terms of Use were originally written in the English language (US). To the extent any translated version of these Terms Of Use conflicts with the English version, the English version controls.

  2. THE INTERAPP, INC SERVICES

Availability and nature of the INTERAPP, INC Services 

    1. INTERAPP is a mobile/descktop platform which provides Users with the ability to create, explore, search, view and share augmented reality and vision based experiences through the INTERAPP, INC Services.

    2. You agree that the form and nature of the INTERAPP, INC Services may change from time to time without prior notice to You, including bug fixes, patches, updated and new versions (together “Updates”). We are entitled to install such Updates automatically onto Your device.

    3. You agree that INTERAPP, INC may permanently or temporarily stop providing the INTERAPP, INC Services or any aspects of the INTERAPP, INC Services at Our sole discretion for any reason and without prior notice to You. Your access to the INTERAPP, INC Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

    4. As a result of the above, You may find that you are unable to access the INTERAPP, INC Services, including access to your User Generated Content. Also, although We will normally only remove User Generated Content that violates these Terms of Use, We reserve the right to remove any User Generated Content for any reason, without prior notice. Deleted User Generated Content may be stored by Us in order to comply with certain legal obligations and is not retrievable without a valid Court order. Consequently, We encourage You to maintain Your own backup of Your content. We will not be liable to You for any modification, suspension, or discontinuation of the INTERAPP, INC Services or loss of any content.

Third Party Content 

    1. When providing Users with access to Third Party Content, INTERAPP, INC acts on behalf of the owner and/or controller of the rights in such Third Party Content (a “Licensor”). The name of such Licensor may be explicitly displayed in the Third Party Content and/or a splash screen when accessing such Third Party Content.

    2. You understand and accept that the Third Party Content or parts of the Third Party Content may be protected by Intellectual Property Rights of the Licensor or other third parties. You must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third Party Content in any way, including by uploading the content to a website, unless expressly permitted to do so by the owner and/or controller of the Third Party Content.

Third party services 

    1. As a convenience to Users, the INTERAPP, INC Services may contain links to applications, websites, microsites and other on-line services operated by third parties (a “Third Party Service”) that are beyond Our control and are provided to You for Your convenience only. INTERAPP, INC makes no warranties or representations whatsoever about any Third Party Service which You may access through the INTERAPP, INC Services.

    2. Without limiting the foregoing, these Third Party Services are in no way approved, vetted, checked or endorsed by INTERAPP, INC and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on a Third Party Service. If You choose to access a Third Party Service beyond Our control, You do so at Your own risk. In addition, use of a Third Party Service may be subject to Your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms of Use.

Advertising and sponsorship 

    1. Part of the INTERAPP, INC Website or the INTERAPP, INC App may contain or display third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the INTERAPP, INC Website or within the INTERAPP, INC App complies with relevant laws and codes. INTERAPP, INC will not be responsible to You for any error or inaccuracy in any third party advertising and sponsorship material.

    2. Your communication or dealings with, or participation in promotions of, advertisers / sponsors found on or through the INTERAPP, INC Services, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings are solely between You and such advertiser / sponsor and InterApp, Inc shall have no responsibility in relation thereto.

Uploads to third party INTERAPP PLATFORM 

    1. Some INTERAPP PLATFORM published by users of our INTERAPP CREATOR service, or published by InterApp, Inc for a third party, have an ‘upload feature’ attached to them that allows Users to upload content e.g. photos or videos and attach the content to the INTERAPP CREATOR. This ‘upload feature’ is made available within the INTERAPP CRETOR App for the convenience of Users but may only be accessed and used by persons who are aged 13 or over. You must ensure that any content You upload complies with Clause 5 of these Terms of Use and any additional terms imposed by the publisher / controller of the INTERAPP PLATFORM. The content You upload to a INTERAPP PLATFORM will be stored by INTERAPP, INC on its servers but can be downloaded, edited, republished and reused by the publisher / controller of the INTERAPP PLATFORM as they wish or in accordance with any specific terms they notify to You. Your uploaded content can also be viewed within the INTERAPP, INC App by Users who scan the INTERAPP content.

    2. Your communication or dealings with, or participation in promotions of, INTERAPP PLATFORM publishers and/or controllers are solely between You and such third parties and INTERAPP, INC shall have no responsibility in relation thereto beyond those obligations expressly contained in these Terms of Use and Our Privacy Policy referred to at Clause 13. In addition, Your use of any product or service connected to a INTERAPP PLATFORM published or used by a third party may be subject to Your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms of Use. You should check any instructions that accompany the INTERAPP PLATFORM You intend to upload content to for further details.

  2. RULES APPLYING TO ACCESS AND USE OF THE INTERAPP, INC SERVICES

Supported devices 

    1. Access to Content contained within the INTERAPP, INC App is only available via devices which are supported in Your country of residence. Please check that Your device is supported before downloading and installing the INTERAPP, INC App. 

    2. General rules 

    1. You may not use the INTERAPP, INC Services in any improper or unlawful manner or in breach of any legislation or license that applies to You or any contractual obligations that You owe to a third party.

    2. You are responsible for Your relationship with other Users. However, We reserve the right, but are not obliged, to monitor disputes between You and other Users.

    3. You agree that You will not use, copy, download, extract or reutilize any part of the INTERAPP, INC Services or any Content, or use or allow any third party to use, copy, download, extract or reutilize any part of the INTERAPP, INC Services or Content for any commercial purpose.

    4. You agree to comply with all reasonable instructions that We may give You regarding the use of the INTERAPP, INC Services.

User Generated Content 

    1. You agree that You are solely responsible for any User Generated Content created, submitted, posted, displayed and/or shared by You on or via the INTERAPP, INC Services and any legal consequences thereof. User Generated Content includes without limitation data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links.

    2. Users accept that any personal details of third parties that are contained in their User Generated Content are subject to data protection and other legislation and regulation and the User is fully responsible for compliance with these laws and regulations. INTERAPP, INC requires that Users exercise due care when exchanging personal details of others as part of User Generated Content.

    3. As You play a role in deciding the purposes for which You collect, use and disclose content through the INTERAPP, INC Services, You may be a ‘data controller’ for the purposes of the US Data Protection Act with regard to any personal data contained within the content. In cases where INTERAPP, INC uses your content for Our own purposes, INTERAPP, INC will be the joint data controller of Your content and, where this is the case, We will handle any personal data contained within the content in accordance with Our Privacy Policy (see Clause 13 below).

    4. Without limiting the foregoing, You agree that when using the INTERAPP, INC Services You will not:

      • abuse, harass, threaten or intimidate other users of the INTERAPP, INC Services or disclose personal information about others that could amount to abuse, harassment, threats or intimidation;

      • publish, post, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or Us;

      • publish, post, upload, link to, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;

      • compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;

      • incite, promote or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behavior;

      • reveal any confidential or sensitive information about another person unless You are authorized to make that disclosure;

      • upload or link to files that contain software or other material which are the Intellectual Property Rights and Trademark Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;

      • interfere with any other person’s use or enjoyment of the INTERAPP, INC Services, including creating or submitting unwanted email or comments to Users;

      • upload or link to files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the INTERAPP, INC Services;

      • create multiple logins;

      • impersonate others or misrepresent Your affiliation with a person;

      • promote any activity that is illegal; or

      • use software to harvest information from the INTERAPP, INC Services.

    5. User Generated Content will not be vetted or edited in advance by INTERAPP, INC and INTERAPP, INC exercises no editorial control over User Generated Content. Notwithstanding this, INTERAPP, INC may, but We have no obligation to, refuse, remove or suspend access to User Generated Content and accounts containing User Generated Content that We determine in Our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s Intellectual Property Rights or right to privacy or any of the conditions set out in Clause 5(9) above. We may also periodically delete and/or clear out any User Generated Content that is no longer relevant or required as part of the general housekeeping procedures We carry out to improve the efficiency and performance of the INTERAPP, INC Services.

Provision of equipment 

    1. You are solely responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the INTERAPP, INC Services. You are responsible for ensuring that no one uses Your equipment or device to access the INTERAPP, INC Services without Your permission. We will be entitled to assume that anyone who accesses the INTERAPP, INC Services using Your equipment or device has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

  2. USER REGISTRATION

    1. You do not at this time need to register as a member in order to download and use the INTERAPP, INC App, but in order to access certain features of the INTERAPP, INC Services You may need to either (1) confirm your country and age and/or (2) register as a user. If You are using the INTERAPP, INC Services and have not yet registered as a user, Your use of the INTERAPP, INC Services is still subject to these Terms of Use.

    2. As part of any registration process You may need to submit an email address, user name and password which, if verified by Us, will be the email address, username and password that You will be required to submit each time You log in to use the relevant feature of the INTERAPP, INC Services.

    3. You must ensure that the details provided by You on registration or at any time are correct and complete. You must inform Us immediately of any changes to the information that You provided when registering by updating Your personal details in order that We can communicate with You effectively.

    4. It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into INTERAPP, INC Services using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into or using INTERAPP, INC Services with Your username and password (including any posting, sending or sharing of User Generated Content). Therefore, You should notify Us immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account. We may at any time require You to change Your username and/or password for any reason.

    5. We may at any time and for any reason refuse to accept a registration to use any INTERAPP, INC Services from any person.

  1. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

    1. INTERAPP, INC is the sole and exclusive owner of the INTERAPP, INC Logo and INTERAPP trademarks, any registrations and applications for registration of the InterApp Marks, and their associated goodwill, throughout the world. All use of the InterApp Marks by the User will inure to the benefit of INTERAPP, INC. The User will not acquire any right, title or interest in or to the any of the InterApp Marks.

* The INTERAPP, INC Logo is a trademark of InterApp, Inc that has been registered in the United States of America and is in the process of being registered in other countries. 

  1. All other trademarks, graphics and logos used on or in connection with the INTERAPP, INC Services are unregistered or registered trade marks or service marks of InterApp, Inc Limited or its licensors.

    1. INTERAPP, INC does not make any warranty or representation in respect of the ownership or origin of any Third Party Content or User Generated Content included in the INTERAPP, INC Services.

    2. All Intellectual Property Rights in and to the INTERAPP, INC Services and all Content and materials therein are owned by and shall remain owned by INTERAPP, INC or Our licensors. INTERAPP, INC grants the User a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive, limited license to use the Content provided to the User by Us or Our licensors as part of the INTERAPP, INC Services, subject to the following conditions of use:

      • the Content may only be used for the User’s personal and non-commercial purposes;

      • the Content must not be reproduced or included in any other work or publication in any medium without Our prior written consent;

      • the Content must not be modified or altered in any way and no derivative works must be created from the Content;

      • the Content must not be distributed or sold to any third party;

      • the User must not remove, alter or obscure any copyright, trademark or other proprietary rights notices contained in the Content;

      • due to territorial restrictions on use the User understands that they may not be able to access certain items of Content from their locality;

      • the User must not reverse engineer, decipher, decompile, disassemble or otherwise attempt to extract any algorithms, source code or other trade secrets contained in any Content.

    3. INTERAPP, INC also grants the User a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive, limited license to use the code and software provided to the User by Us or Our licensors as part of the INTERAPP, INC Services or embedded in any Content including any or all applicable INTERAPP PLATFORM (“Software”) in accordance with these Terms of Use. The User must not modify, alter, copy or create derivative works based on the Software and must not reverse engineer, decipher, decompile, disassemble or otherwise attempt to extract the algorithms, source code or other trade secrets contained in the Software. No INTERAPP PLATFORM may be reproduced or included on any other material.

    4. As between You and InterApp, Inc, it is agreed that You will retain all rights in Your User Generated Content provided that You hereby grant INTERAPP, INC a perpetual, irrevocable, worldwide, fully paid up and royalty-free, assignable, sub-licensable license to store, use, reproduce, adapt, modify, delete from, add to, translate, publish, display, perform, transmit and distribute your User Generated Content for the purpose of developing, performing, displaying, distributing, supporting and promoting the INTERAPP, INC Services (including the ‘upload’ feature described in paragraphs (11) and (12) of Clause 4) and Our business in any or all media formats and through any or all media channels.

    5. As against INTERAPP, INC You hereby waive all moral rights or rights of privacy You may otherwise have in Your User Generated Content.

    6. You represent and warrant to INTERAPP, INC that You have (and will continue to have for so long as necessary) all necessary rights, power and authority to grant the license set out in Clause 7(5). In particular, You represent and warrant to INTERAPP, INC that You own or otherwise are entitled to all necessary Intellectual Property Rights subsisting in Your User Generated Content.

    7. Users are free to submit comments, ideas, suggestions and recommendations to INTERAPP, INC with respect to the INTERAPP, INC Services (a “Submission”) and, in that case, the ownership rights in and to the Submission and the ideas, inventions, discoveries, works of authorship and related intellectual property rights in the Submission remain with the User; however by making the Submission the User grants to INTERAPP, INC an unlimited, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide license to use, copy, modify, translate, publish, display, perform, transmit, distribute, make, import, sell, offer to sell, lease, license or otherwise transfer, including the right to sub-license any of these rights to others, any Intellectual Property Rights the User may have in the Submission. This means that INTERAPP, INC will be free (but not obliged) to exploit and use any Submission it receives from a User in Our business in such manner as We see fit and without having to provide the User with any form of attribution or financial compensation of any kind.

  2. SERVICE DISCLAIMERS

    1. INTERAPP, INC will exercise all reasonable skill and care in providing the INTERAPP, INC Services. However, We are not able to guarantee and cannot be responsible for the accuracy, completeness, subject matter or reliability of any Content, in particular any Third Party Content and User Generated Content. any views expressed by users within their user generated content is theirs and not those of InterApp, Inc. you acknowledge and agree that InterApp, Inc does not endorse in any way any user generated content and is not responsible or liable for any user generated content.

    2. INTERAPP, INC DOES NOT WARRANT THAT THE INTERAPP, INC SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.Therefore, except as expressly provided in these Terms of Use, the INTERAPP, INC Services and all materials and information provided by Us are provided on an as is, AS AVAILABLE" basis without guarantee of any kind and all conditions, statements and warranties, WHETHER EXPRESS OF IMPLIED (including, but not limited to, any warranty of MERCHANTABILITY, fitness for a particular purpose or non-infringement) are excluded to the fullest extent permissible by law.

    3. WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE INTERAPP, INC SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. INTERAPP, INC DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT (INCLUDING USER GENERATED CONTENT). THEREFORE, WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE INTERAPP, INC SERVICES AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS OR RELIABILITY OF THAT CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST INTERAPP, INC WITH RESPECT TO SUCH CONTENT.

    4. You are responsible for taking any necessary precautions to protect Yourself and Your devices and computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

    5. INTERAPP, INC DOES NOT HAVE ANY OBLIGATION TO VERFY THE IDENTIFY OF THE PERSONS USING THE InterApp, Inc SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE InterApp, Inc SERVICES BY OTHER USERS; THEREFORE WE DISCLAIM ALL LIABILITY FOR INDENTIFY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER generated CONTENT save for any statutory liability we may have under the uk data protection act 1998.

    6. WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND ENVIRONMENT IN WHICH YOU ARE USING THE INTERAPP, INC APP, TO ENSURE THAT YOU DO NOT HARM YOURSELF OR OTHERS. YOU UNDERSTAND AND ACCEPT THAT THE USE OF THE INTERAPP, INC SERVICES IS ENTIRELY AT YOUR OWN RISK. SUBJECT TO PARAGRAPH (2) OF CLAUSE 10 (EXCLUSION AND LIMITATION OF LIABILITY), YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOUR USE OF THE INTERAPP, INC SERVICES MAY CAUSE TO YOU, YOUR PROPERTY OR THIRD PARTIES.

  2. USER WARRANTIES AND INDEMNITY

    1. You represent and warrant to INTERAPP, INC that:

      • Your use of the INTERAPP, INC Services will be in accordance with these Terms of Use and all applicable laws and regulations; and

      • Your use of the INTERAPP, INC Services will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party. You agree to pay for all royalties, fees and any other monies owing to any person by reason of the User Generated Content You post, link to, share or transmit on or through the INTERAPP, INC Services.

    2. You agree that You shall indemnify and hold harmless INTERAPP, INC together with Our employees, officers, contractors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by Us or any Indemnified Party as a result of any of the following matters:

      • Your Use of the INTERAPP, INC Services;

      • Your User Generated Content;

      • Any breach by You or anyone acting on Your behalf of these Terms of Use.

    3. We will notify You of any such Claims and keep You informed as to the progress of such Claims.

  3. EXCLUSION AND LIMITATION OF LIABILITY

    1. THE ATTENTION OF USERS IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE 10 WHICH set out the entire financial liability of INTERAPP, INC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User in respect of:

      • any breach of these Terms of Use;

      • any use made by the User of the INTERAPP, INC Services or any aspect of them; and

      • any representation, statement or tortuous act or omission (including negligence) arising under or in connection with these Terms of Use or the INTERAPP, INC Services.

    2. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES INTERAPP, INC’S LIABILITY FOR THE FOLLOWING MATTERS: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) ANY LOSS SUFFERED BY YOU AS A RESULT OF YOUR RELIANCE ON ANY FRAUDULENT MISREPRESENTATION MADE BY INTERAPP, INC TO YOU; OR (B) ANY OTHER LIABILITY WHICH MAY NOT BY LAW BE LIMITED OR EXCLUDED.

    3. SUBJECT TO CLAUSE 10(2), YOU AGREE THAT INTERAPP, INC SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR © ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND;

in each case whether based in contract, tort (including negligence), strict liability, or otherwise, and which arises out of or is in any way connected with: (a) any use of the INTERAPP, INC Services; or (b) any failure or delay in the use of any component of the INTERAPP, INC Services including, without limitation, any unavailability of the INTERAPP, INC Services irrespective of duration of any period of unavailability; or (c) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the INTERAPP, INC Services, in all cases even if FORESEEABLE OR We have been forewarned of the possibility of THE USER SUFFERING such loss or damage. 

    1. SUBJECT TO CLAUSE 10(2) INTERAPP, INCS TOTAL AGGREGATE LIABILITY TO THE USER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE INTERAPP, INC SERVICES SHALL BE LIMITED TO THE HIGHER OF (A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID TO USE THE INTERAPP, INC SERVICES AND (B) SUM OF $200. 

    2. WITHOUT LIMITING THE EFFECT OF CLAUSE 10(2), DUE TO THE INHERENT RISKS OF USING THE INTERNET AND APPLICATIONS, INTERAPP, INC SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR ANY OTHER PROPERTY WHEN USING THE INTERAPP, INC SERVICES. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE INTERAPP, INC SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE OR OTHER PROPERTY, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS. 

  2. COSTS, FEES AND PAYMENT

    1. You understand and accept that You are solely responsible for all costs involved with accessing and using the INTERAPP, INC Services.

    2. In order to access certain premium INTERAPP, INC Content and/or premium Third Party Content (“Paid Content”), You may have to make a payment to INTERAPP, INC, in which case You will be required to register as a user of the INTERAPP, INC Services.

    3. All payment for Paid Content will be carried out on behalf of INTERAPP, INC by a third party payment provider and will be subject to the terms and conditions provided by such third party operator. The payment provider will be responsible for the fulfillment of Your order for Paid Content and all questions, comments and complaints about any such order should be made to the payment provider. INTERAPP, INC DOES NOT ACCEPT ANY LIABILITY FOR ANY FAILURE BY A PAYMENT PROVIDER TO FULFIL ANY ORDER OR FOR ANY DEFECT IN ANY ITEM(S) SUPPLIED TO YOU BY THEM.

    4. All purchases of Paid Content are final. You agree that even in the case We exercise Our right to block access to Content, to terminate or deny access to and use Paid Content, You are not entitled to a refund.

  3. TERMINATION AND CONSEQUENCES

    1. We may cease the provision of the INTERAPP, INC Services or any features or functions of the INTERAPP, INC Services, or terminate Your registration or right to access and use the INTERAPP, INC Services at any time in Our sole discretion for any reason whatsoever and without giving notice to You.

    2. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with INTERAPP, INC and may be referred to the appropriate law enforcement authorities.

    3. You shall be entitled to terminate Your registration for any INTERAPP, INC Services at any time by written notice to Us at info@interappusa.com. You understand and accept that, upon termination, You will have to stop using those INTERAPP, INC Services immediately.

    4. Upon cessation or termination by INTERAPP, INC or the User, regardless of the reasons therefore:

      • Your right to use the INTERAPP, INC Services and all related licenses immediately ceases, and You acknowledge and agree that INTERAPP, INC may delete any registration for the services and remove and permanently erase all content and information (including Users Generated Content) associated with You;

      • INTERAPP, INC may deny You any further access to and use of the INTERAPP, INC Services. (This may include banning the IP address of the User to prevent their access to the Services);

      • INTERAPP, INC shall not be liable to You or any third party for any claim or damages arising out of said cessation or termination or for the consequent loss of any content or information;

      • All provisions of these Terms Of Use that are intended to survive the cessation or termination by their nature or because such has expressly been provided for shall survive such termination. These provisions include provisions relating to ownership of intellectual property, disclaimers, indemnity obligations, limitation and exclusions of liability, and applicable law.

    5. Termination of Your registration or right to use any INTERAPP, INC Services (or features or functions thereof), howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.

  4. DATA PROTECTION AND PRIVACY

We will only use any personal information that We may collect about You in accordance with Our privacy policy. Please click here www.InterApp, Inc.com/privacy/ to view Our privacy policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our privacy policy.

  1. INTERNATIONAL USE

    1. We make no promise that Content which is available via the INTERAPP, INC Services is appropriate or available for use in every country, and accessing the INTERAPP, INC Services and/or downloading Content from territories where its contents are illegal or unlawful is prohibited. If You choose to access the INTERAPP, INC Website or use the INTERAPP, INC App from locations outside of the United State of America, You do so on Your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information in connection with the INTERAPP, INC Services is void where prohibited.

    2. Due to possible territorial restrictions on the use of underlying third party rights, We make no promise that, if You purchase a INTERAPP, INC POWERED PRODUCT IN ONE COUNTRY, YOU WILL NECESSARILY BE ABLE TO ACCESS THE AUGMENTED REALITY FEATURES OF THAT PRODUCT FROM COUNTRIES OUTSIDE THE ORIGINAL COUNTRY OF PURCHASE. YOU ARE RESPONSIBLE FOR CHECKING THAT THE AUGMENTED REALITY FEATURES WILL BE AVAILABLE ON SUPPORTED DEVICES IN THE COUNTRY WHERE YOU LIVE, BEFORE PURCHASING A INTERAPP, INC POWERED PRODUCT. 

  2. MISCELLANEOUS

    1. Amendments: Except as expressly provided otherwise herein, these Terms Of Use may only be amended by a written document that has been signed by the User and an authorized officer of INTERAPP, INC.

    2. Assignment: You may not transfer any of Your rights under these Terms Of Use to any other person. We may transfer Our rights under these Terms Of Use to another legal entity or business where We reasonably believe Your rights will not be affected.

    3. Entire Agreement: You agree that these Terms Of Use and the other documents referred to in it constitutes the entire agreement between You and INTERAPP, INC regarding the INTERAPP, INC Services and their use; and supersedes all prior agreements, understandings, communications and proposals (whether oral, written or electronic) with respect to the subject matter of these Terms Of Use. Each of the parties acknowledges and agrees that in entering into this relationship it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party hereto or not) relating to the subject matter of these Terms Of Use, other than as expressly set out in these Terms Of Use. This provision does not exclude any liability for fraud or fraudulent misrepresentation.

    4. Force Majeure: INTERAPP, INC shall not be responsible for any breach of these Terms Of Use caused by circumstances beyond Our reasonable control, including any act of God, terrorism, failures or delays in transportation or communications, strikes, labor disturbances or slowdowns, or any act or failure by the User or their employees, agents, or contractors.

    5. No Injunctive Relief: In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the INTERAPP, INC Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the INTERAPP, INC Services or any Content used or displayed through the INTERAPP, INC Services.

    6. No Waiver: If You breach these Terms Of Use and INTERAPP, INC chooses to ignore this, We will still be entitled to use Our rights and remedies at a later date or in any other situation where You breach the Terms Of Use.

    7. Relationship between us: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms Of Use and neither party has any authority of any kind to bind the other in any respect.

    8. Severability: If any provision of these Terms Of Use is held invalid or unenforceable, all remaining provisions shall nevertheless remain valid and enforceable, to the extent they can be given effect without the invalid portions.

    9. Third party rights: These Terms Of Use do not confer any rights on any person or party other than INTERAPP, INC and the User and, where applicable, their successors and permitted assigns.

  3. NOTICES

Any notice INTERAPP, INC is required or permitted to give under these Terms Of Use may either be sent to You by email or posted on the INTERAPP, INC website. You may send notices to Us by email or by post using our addresses listed in Clause 18 (Contact Details). An email will be deemed received on the date of successful transmission and any notice sent to Us by post will be deemed received when We actually received it at Our offices.

  1. APPLICABLE LAW AND JURISDICTION

    1. Notwithstanding any conflicts of laws principles, these Terms Of Use and the provision of the INTERAPP, INC Services shall be governed by and construed in all respects with the laws of United State of America, California regardless of Your country of origin.

    2. We will try to resolve any disagreements arising out of or related to these Terms Of Use or the INTERAPP, INC Services (a “Dispute”) quickly and efficiently. If You are not happy with the way INTERAPP, INC deals with any Dispute and You want to take court proceedings in respect of the Dispute, You must do so exclusively within the United State of America. Notwithstanding this Clause, you agree that INTERAPP, INC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal action) in any jurisdiction where You reside or have assets.

  2. CONTACT DETAILS

    1. The INTERAPP, INC Services are owned and operated by InterApp, Inc registered in Delaware (US). The Company’s registered office address is 1029 H St.  Ste 301Sacramento, California, United State of America.

    2. If You have any questions about the INTERAPP, INC Services or these Terms of Use, please contact Us using the following addresses:

    3. Postal Address
      InterApp, Inc
      1029 H St. Ste 301 Sacramento, California, United State of America.

    4. Email
      Info@interappsua.com 

  3. VIOLATIONS 

Please contact Us at abuse@interappusa.com if You believe that Content displayed on or linked to via the INTERAPP, INC Services has violated Your copyright or other Intellectual Property Rights or your privacy rights. You can also use this email address to report violations of these Terms of Use.

LAST UPDATED: JUNE 2019

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