Everton Media, LLC. New York
Updated: December 15, 2016
GiveMeApps is a service that allows you to download, rate, review, discuss, and distribute mobile applications to the masses. By accessing, using or registering with GiveMeApps (from here on referred to as "GMA") directly, or through any of our portals',
(a) you affirm that you are over 13 years of age and
(b) you agree to adhere to our Terms.
If you are between the ages of thirteen (13) and eighteen (18) you must have the expressed written consent of your legal guardian to use GMA. This agreement may be modified periodically and constitutes legally binding terms and applies to your use of GMA. You are authorized to use GMA (whether access or use is intended), but agree to abide by all applicable laws, rules, regulations, and these terms regardless of your Member Status+ with GMA at any given time.
To distribute items+, you must be a registered developer with GMA. Registered developers and certain users are required to follow an additional set of terms and business policies which can be accessed here.
GiveMeApps - Consists of our site and any of our portals which can be used to access our site. Examples include www.givemeapps.com, the mobile version of our site, our GiveMeApps application, GiveMeApps Web Browser add-ons, our comment and review facilities, and the ability to upload or download from our site.
- Device - Any device which can access GMA
- Guest - One who browses GMA through a device without being registered.
- User - Person or entity that has registered with GMA, but is not a Developer. (i.e. downloads, rates items, reviews, and contributes to forums)
- Developer - Person or entity who has registered with GMA, and been approved to distribute items in accordance with these terms.
- Registered Members - Both Users and Developers.
- Member Status - Your status. Can be Guest, User or Developer
- Account - Account issued to Registered Members to allow them to make use GiveMeApps Amenities and enable their amenities through GMA.
- Amenities - All services, communication avenues and resources made available or enabled through GMA and its parent company Everton Media, LLC.. - This includes download areas, searches, developer tools, developer profiles, store fronts, reviews, forums, emails, instant messages, texts, but excluding third party amenities and your amenities.
- Your Amenities - Amenities made available or enabled through any of Your Portals or on GMA
- Items - All mobile applications, digital content, or any work of authorship available for distribution through GMA from Developers
- Your Items - Items posted on GMA by yourself.
- Your Portals - Any Website and Page owned or operated by you, including Developer Profiles and Store Fronts on GMA for which you create, profess ownership, operate and represent.
Using Give Me Apps
3.1 Your Items and Usage
GMA asserts no ownership rights over your items within GMA itself or abroad. However, you unambiguously grant GMA a perpetual, international, royalty-free, paid in full license to reproduce, distribute, modify, perform, publish, broadcast, create derivative works of, and otherwise display in any form, in any and all media now known or hereafter, any of the items you provide to us at GMA using any method of transfer for which GMA is the recipient or intermediary. By using GMA, you agree not to modify, reproduce, distribute, perform, publish, broadcast, send, create derivative works of, and otherwise display in any form, in any and all media now known or hereafter, under any circumstances, any part of GMA without the expressed written authorization from GMA
Mobile Applications items licensed to us for distribution by you do not fall under this grant, are still owned in full by you, and may be continue to be exploited in any way you see fit outside of GMA. (See definition for "Items" in 2.1)
4.1 Expectations of Members
GMA has guidelines with regards to conduct which must be followed at all times. Failure to adhere to these guidelines may result in the automatic termination of your membership, the removal of some or all of your items from GMA, or swift legal action.
You may not:
- Engage in any activity which will disrupt, interfere with the security of, or retrieve any information from any network, server, or account which has not been authorized by GMA, any GMA User or third party. (i.e. Phishing, Hacking, etc).
- Use, Upload or Post any items which will infringe upon the intellectual property rights, or breach the license of any GMA member, GMA User or Third Party.
- Upload or Post any Items which contain Viruses, Spyware, or any other harmful software which will disrupt any device, or jeopardize the safety of any party.
- Engage in misrepresentation by making false claims, or assume false identities to mislead (i.e. fake profiles, usernames, double identities or via your amenities).
- Transmit or solicit any unlawful items such as child pornography, lewd content, racist and political propaganda, and anything obscene, defamatory or libelous.
- Use GMA to harass, stalk, track, steal account information from, take advantage of, or endanger the welfare of any GMA member, GMA User or Third Party.
- Use, upload, copy or redistribute items from GMA for commercial gain outside of GMA without the expressed written authorization from GMA.
- Fail to warn members with explicit privacy notices for items which must access or make use of personal information such as passwords and account information.
- Hold GMA accountable for any damages caused by any members who fail to adhere to the guidelines, policies set in these terms or misuse any of your items.
- Fail to do everything in your power to protect the privacy and legal rights of Guests, Users, and Third Parties or fail to provide a EULA when necessary.
5.1. GiveMeApps And Third Parties
GiveMeApps can act as a liaison to third party portals and items. Developer profiles and listings may contain links to third party applications, email addresses, blogs, ads, social media pages and other portals. As hundreds of these items are uploaded, posted, and modified daily, it is impossible to maintain, screen, and assess the links which provide access to items on these sites. Visiting links requires that you do so at your own risk.
GMA cannot be held liable for any damages caused by leaving GMA to visit third party portals or obtaining member or third party items. GMA does not endorse any of the items or amenities made available or enabled by third parties and members that may be present on their portals. Support for any third party or member item comes from the respective third party or member, and they should be contacted or held liable if any problems arise.
To the furthest extent of the law you agree to hold harmless GMA, its affiliates, partners, employees, shareholders, agents, carriers, advertisers, members and users from and against any third party claims, actions, proceedings, suits, damages, loss, liabilities, costs, and legal fees stemming from your use of GMA in any way, whether access of use is intended. This can be from either (a) violating these terms, (b) infringing the rights of another party, (c) breaking the license of another party, (d) engaging in any illegal activity in any jurisdiction or territory, or (e) your or any items fail to meet expectations or work as advertised.
7.1. Modification and Termination
GiveMeApps reserves the right to modify or terminate any GMA membership, GMA account, remove any items, discontinue amenities, or block usage of GMA altogether at its sole discretion temporarily or indefinitely for any reason (i.e. infringement, injunctions, violation of intellectual property rights, GMA dissolves), and at any time, with or without warning. GMA will not be held responsible for any damages to you or any party resulting from the modification or termination of any of its offerings. In most but not all cases, any changes to this agreement or your account will take place after being notified, with the notification itself being your acceptance of any modifications which may ensue. As the owner and claimant of your own works of authorship, you reserve the right to cancel your account, which will automatically void this agreement after the date of cancellation. Your membership period is still subject to these terms.