Appare - Terms and conditions
The Terms and conditions (these “Terms”) govern your use of the Appare website, www.Appare.com (the “Website”), the App and the Service, which are owned, run, operated and managed by Appare Inc. By accessing or using the website or our service, you agree to be bound by these terms and all policies, guidelines, and order forms incorporated by reference herein. If you do not agree to all of the terms and conditions set forth in these terms, you may not use the website or the service. Nothing in these Terms will be deemed to confer rights or benefits on any third party.
We reserve the right to alter or amend these Terms, as well as any guidelines or policies governing your usage of the Website or the Service at any time, in our sole discretion. Any changes or modifications are effective immediately following the posting of any revisions either on the Website or in the Application. The continuous use of this Website or Service after posting these modifications or changes constitutes your agreement to the changes or modifications. Thus, you must regularly check these Terms as well as any applicable policies or guidelines posted on the Website or via the App to be aware of these terms and conditions that apply to the use you make of the Service and Website.
We are committed to the privacy of our users. Please read the Privacy Policy ("Privacy Policy") of our company for more information regarding the same. The use of our website as well as the App and/or Service indicates your acceptance of and acceptance of our Privacy Policy.
To create an account it is required to be old or the age of. If children between 13 and 18 want to access the website or App, they must be registered by their guardian or parent. By registering, you confirm and declare that you are 13 years old or older.
You must sign up and establish an account to access the Service. To register your account you need to submit the registration online indicating your user ID and password. You are the sole responsible party for any information or materials uploaded, publish or transmit through the Service. Only you are able to use your Appare account, and you're accountable for the account you have created. Also, please review the Acceptable Use Policy mentioned in Section 8 below. Please call the Appare Customer Support for any misrepresentations.
You warrant and represent you are you: (a) are legally authorized to access the website, the app as well as the Services; (b) every aspect of your account, registration and payment details are true correct, complete and accurate at all at all times; (c) you will ensure the security of your password, if you have one as well (d) you assume all accountability for any and all activities that is conducted under your account name. Any breach violation of any of these statements or warranties could result in the immediate suspension of your account or the suspension of your account, without the possibility of a refund.
You agree and acknowledge that you are permitted to access and utilize the Website, the App and the Service to fulfill lawful requirements and in compliance of any account or use limitations stipulated in these Terms or applicable Order Forms or any other restrictions imposed on the website, the App as well as the Service. When your account comes under seating restrictions, just one slot can be used per person. You must purchase an adequate number of seats as well as access to your account for the use.
You can choose the email address when you sign up as a user. If it's a personal account, only you can manage the account. If however, your business gave you access to your account, you acknowledge that it has access to your account. They may (i) control your account (including the possibility of suspending or canceling your account); (ii) reset your password; (iii) view your information about your account's usage and data on your profile including the way and time your account was utilized; as well (iv) control the content (as described below) within your account. When you're your primary point of contact person and/or administrator for your company's relationship with Appare you accept that all users that you allow for access Appare as a representative of the company have read and agree with the terms and conditions set forth in this document.
You can post and/or upload reviews, feedback, suggestions ideas, suggestions, or other material (" Content") on the website or the App as long as the Content is not unlawful or offensive, infuriating or defamatory, infringing on privacy, infringing the rights of intellectual property, or damaging to third parties or infuriating and does not contain or contain malware, political campaigning chain letters, commercial solicitations and mass mailings or any other form or form of "spam." You may not make use of a fake email address, impersonate any individual or organization, and be misleading about the source for a particular card, or any other information. We have the right (but don't be bound) to edit or remove any Content. We don't regularly check Content that is posted. If you post Content, you grant us the non-exclusive perpetual, royalty-free irrevocable, perpetual, and completely sub-licensable right to utilize reproduce the Content, alter, modify it and publish, as well as translate, make derivative works of the Content, distribute it and display the Content across the globe in any medium. You provide the sublicenses and us the rights to utilize the title you post to refer to the Content, if they choose to. You warrant and represent the following: (a) you own or control in any other way all of Rights to Content you publish or submit (b) your Content is correct; (c) the use of the Content that you upload and/or upload isn't in violation of the Terms of Service; in addition, (d) that the content is not harmful to anyone or any entity. We are entitled however not the obligation to review and/or remove or edit any activity or content. We do not take responsibility for and will not be held liable for any content posted either by you or any other third person.
While we will take reasonable steps to safeguard your Content you are accountable for maintaining backups of all your Content that is not stored on the Service accessible to you anytime in the event of loss, deletion or loss of Content within the Service. Particularly, we're not accountable for any issues, delays and other problems that might occur during the process of synchronizing when you connect the Service across multiple platforms, including smartphones, iPad and/or any laptop or computer through which you connect to the Service. We are not in control of the devices you use and cannot guarantee their security or security of the Content you make available on these devices, including without limitation, any unauthorized access to your Content by anyone using these devices without or with your permission. You understand and agree our reliance on third-party service providers to provide us with and the users on the service, which includes you, with various security and encryption techniques required to protect your Content.
Be aware that we cannot warrant that our privacy or data security policies and practices be in compliance with or meet any privacy or security standards that are higher or lower than the minimum or data security requirements which may be applied to the content stored on Appare. It is your sole responsibility to adhering to these guidelines and policies and acknowledge and accept that Appare is not responsible for any situation where the use you make of Appare does not conform to the guidelines and policies. It is your sole responsibility to checking and ensuring that our systems comply with specific requirements that are imposed upon the user by applicable laws or regulations, government or court orders or the customs or trade usage, and we do not take responsibility for any consequences that you might face if our system or service is determined to not comply with those particular legal, regulatory, or governmental standards, unless and in the event that we explicitly stipulate the contrary in the Privacy Policy or Terms. privacy policy or in these Terms.
You agree, nor help others to: (a) harm the Service or make use of the Service to cause harm, harassment, or threats to other users; (b) build a similar or comparable service or website by using the information or other resources accessible only to users who have an account through Appare; (c) cause damage or overburden or disrupt or disrupt the Service (or the network that is connected to it) Service); (d) redistribute or resell or redistribute the Service or any portion or portion thereof; (e) probe, examine or test the security of any network or system that is connected to Service; (f) breach or attempt to circumvent security protocols or measures such as any third-party payment network protocols employed by us or via us; (g) use any authorized method, or any automated procedure or service (such as spiders, bots or the periodic caching of information saved on Appare) to modify, redirect or gain access to or access to or access to the Service or to attempt perform any of these activities. (h) Make use of any of the Service beyond the functionality or features allocated (including seats limits) and the storage space limits set out within your specific Service or in breach of our fair usage policy. (i) Make use of the Service to break any law or to distribute malware, illegal, harmful pornographic or sexually explicit or pornographic content. (j) Disseminate, publish, or communicate information or Content that you do not have the authority to or is unlawful; or (k) infringe on the privacy of others or violate the rights of other users.
You agree to abide to all applicable laws and regulations, as well as government court and regulatory orders, notices or other notifications, including customs and the use of trade that may be relevant to using the Service. Particularly, you will not create or maintain any content on Appare if the creation or storage could result in a breach of your obligations under the law or regulations and cause us to be the subject of any regulatory or legal investigation, action, penalty or suspension. You are aware and agree that Appare only serves as an storage and inventory management system for both businesses and individuals. we have no control over the content or other information you save on Appare in addition to the general account and storage limits we may set at any time according to your type of account.
The Website, all content and other material on the website, which includes but not limited to"Appare" effects "Appare" effects, our logo and all other designs, texts graphics, logos, images, icons video clips, electronic downloads software, data compilations, and the arrangement and selection of such (collectively"Materials") " Materials") are our exclusive property or that of our licensors and users and are protected under United States and/or international copyright laws.
"Appare", the "Appare" logo, as well as any other products or services names or slogans that appear in the Website or in the App (including including, but not limited to, App Store, Play Store, iCloud, Evernote, Adobe or Dropbox) are trademarks of Appare Inc. and its suppliers, licensors or distributors and cannot be copied or imitated in entirety or in part without the written permission from Appare or the relevant trademark owner. It is not allowed to use metatags or alternative "hidden text" utilizing "Appare" or any other trademark or brand name of Appare, without our prior written consent. Additionally, the appearance and appearance of the Website as well as the App, including page headers and custom graphics, buttons, icons and scripts are the trademark, service mark or trade name of Appare. They cannot duplicated, copied, or utilized in entirety or in whole without our prior written consent. Other trademarks and registered trademarks brand names, or logos used on the App or on the Website are the exclusive property of the respective owners. The reference to any product process, services, or other information made through the use of trade names, trademarks manufacturer, supplier or other means, does not mean or imply any endorsement, sponsorship, or recommendation of any kind by us.
You are granted a non-exclusive, limited license, which is non-exclusive, sublicensable, and not-public irrevocable right to use and access the features of our Website and App, and the Materials in compliance with, and subject to the terms of these Conditions (including other terms included in reference to) as well as any other policy and guidelines, as they are published at the site, in the Store or App. Except as specifically permitted in the Terms of Service, you are prohibited from: not (a) take, copy or distribute any part of the Website the App or Materials; (b) resell or perform display publicly any part of the App, Website as well as any of the Materials; (c) modify or create derivative use of any part of the Website or App Materials; (d) use any "deep-link," "page-scrape," "robot," "spider" or any other automated device, program, or other method of performing similar functions for accessing, acquiring the information, copy or monitor any part on the website or app; (e) use the Website or App in a manner that causes the loss of App or Website infrastructure resource; (f) download (other than page caching) any part of the website, the app, Materials as well as any data therein or (g) make use of the Website or App Materials in any way other than their intended use.
The site may also host and offer hyperlinks to websites, products, pages websites, and other content from third party sites and content (" Third Party Sites and Content"). The use of any link or web hosting for any particular content offered only as a service to our customers which includes you and does not constitute the endorsement, affiliation or control or control by us over any particular Web site, or any information or content that is contained in it. We do not make any claims or representations about, and do not assume any responsibility for these third Party Sites and Content, or their accuracy, quality and nature, ownership, or the reliability of them. Users including you use these links as well as those Third Party Sites and Content that are contained in them entirely at the risk of their users. If you leave the Website or App, take note that we're not responsible for the content you leave. Policies and terms are no longer in effect. It is recommended to be aware of the terms and policies applicable such as the privacy and data collection practices of any site to which you connect through the App or Website.
We may run advertisements and promotions from third parties on the Website or the App, or we may otherwise provide information or links to third party products or services on the Website or the App. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Website or the App.
the website, the app, the service, the material and the support, and any service included on or otherwise made available to you through the website, the app or the store are provided to you on an “as is” or “as available” basis without any representations or warranties or conditions of any kind, unless otherwise expressly set forth in writing. we do not warrant that the website, the app, the materials, the support or any service included on or otherwise made available to you through the website or the app are free of viruses or other harmful components. we make no representations or warranties with respect to the availability, reliability or security of the website, the app or the service. unless otherwise expressly set forth in writing, we disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the website, the app, the materials, the support and any service included on or otherwise made available to you through the website or the app whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including: (a) any and all warranties of merchantability; (b) any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); (c) any and all warranties of noninfringement or condition of title; (d) all warranties with respect to uptime and data accuracy; (e) all warranties with respect to any and all content and related deliveries provided in connection with this agreement; and (f) that the website, the app, the materials, the support and any service included on or otherwise made available to you through the website or the app will operate without interruption or error. you acknowledge and agree that you have relied on no warranties. this disclaimer and exclusion will apply even if the express warranties set forth above fail of their essential purpose.
In no event will Appare or its licensors be liable to you or any third party for loss of revenue, loss of profits, or any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the website, the app, the materials, the support and/or any service included on or otherwise made available to you through the website or the app, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages.
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against any Indemnified Parties, whether successful or not, resulting from or arising in connection with: (a) your use of the Website, the App, the Materials, the Support and/or the Service; (b) your negligent or willful misconduct; (c) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (d) any Content you upload to, posted on, create on, transmit through or link from the Website or the App.
During your use of the Service, we may share information that is confidential, sensitive or is intended to be kept secret. Similarly, we agree that your Content, account information and payment information is confidential to you. Also, any materials either of us shares that are labeled “confidential” (or something similar) or communicated (in writing or via email) as confidential or may be understood to be so by a reasonable person, such materials would also be deemed confidential information. Confidential information, however, will not include information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had a right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information. The same applies to any information that we disclose to you that falls in any of these categories.
You and we agree that: (i) confidential information will remain the property of its owner; (ii) we will treat each other’s confidential information with the same degree of care that we treat our own confidential information but, in any event, with no less than a reasonable degree of care; (iii) we will use each other’s confidential information only in connection with these Terms and the Service; (iv) we will share confidential information only on a “need to know” basis with those who agree in writing to maintain its confidentiality in a similar manner; and (v) we will not share any confidential information with any third party expect as allowed by these Terms or through the Service.
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to suspend or terminate your access to the Service at any time in our sole discretion, and/or any of your rights under these Terms (including, but not limited to, your right to use the Website, the App and the Service) and to block or prevent your access to and use of the Website, the App and the Service for any or no reason. We also reserve the right to deactivate, change and/or require you to change any Appare user ID or password used in connection with the Service.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
Upon termination, you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or our Acceptable Use Policy mentioned in Section 8 above. You must make such a request within 14 days following termination; otherwise, any Content you have stored with the Service may not be retrievable and we will have no obligation to maintain Content stored in your account after this 14-day period.
We reserve the right to make necessary deployments of changes, updates or enhancements to the Service at any time. We also may add, remove, upgrade or downgrade any functionality or features, or we may suspend or stop the Service altogether at any time.
Notwithstanding any terms to the contrary in these Terms, Appare may choose to electronically deliver all communications with you, which may include: (a) email to your email address; or (b) posting messages that are displayed to you when you log in to or access the Website, the App or the Support. You agree to do business electronically with Appare, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received when the email is sent to you. If you don’t consent to receive notices (other than promotional materials) electronically, you must stop using the Service.
If you believe that anything on the Website or the App infringes upon any copyright that you own or control, you may file a notification of such infringement by mail as set forth below.
Appare offers free Subscriptions to individual users for the purposes of testing out the features and functionalities. We believe that a free account will enable our users to realize the value of our intuitive inventory management system. Please note that Appare reserves the right to discontinue free Subscriptions at any time.
These Terms and your use of the Website, the App, the Support and the Service will be governed by and construed only in accordance with the laws of applicable to agreements made and to be entirely performed within the state, without resort to its conflict of law provisions. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. However, you agree that Appare may apply for injunctive remedies in any jurisdiction worldwide.
If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to Appare Support. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect.
