Apptivio Acceptable Use Policy

The following terms and conditions govern all use of the Apptivio Apps and all content, services and products available at or through apptiv.io (collectively, "App"). The App is owned and operated by Apptivio Ltd.. The App is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Apptivio’s Privacy Policy) and procedures that may be published from time to time on this Site by Apptivio (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the App. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these terms and conditions are considered an offer by Apptivio, acceptance is expressly limited to these terms. The App is available only to individuals who are at least 13 years old.

Your Apptivio Account and Site

If you create an account on the App, you are responsible for maintaining the security of your account and experiments, and you are fully responsible for all activities that occur under the account.

You must immediately notify Apptivio of any unauthorized uses of your account or any other breaches of security. Apptivio will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you post material to the App, post links on the App, or otherwise make (or allow any third party to make) material available by means of the App (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • Without limiting any of those representations or warranties, Apptivio has the right (though not the obligation) to, in Apptivio’s sole discretion (i) refuse or remove any content that, in Apptivio’s reasonable opinion, violates any Apptivio policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the App to any individual or entity for any reason, in Apptivio’s sole discretion. Apptivio will have no obligation to provide a refund of any amounts previously paid.
  • Apptivio is not intended for use by official K12 institutions. We do not collect data for that purpose. Our intention is to support freelance teachers, tutors, fitness and wellness instructors as well as small businesses who need billing and scheduling software. We do not support a specific curriculum and therefore do not advocate a particular educational use for the App.

Responsibility of App Visitors

Apptivio has not reviewed, and cannot review, all of the material, including computer software, posted through the App, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Apptivio disclaims any responsibility for any harm resulting from the use by visitors of the App, or from any downloading by those visitors of content there posted.

Acceptable Use

You must not:

  • use the App to monitor Apps and systems you do not own and operate or to which you have not been given authorized access.
  • engage in or to instigate actions that may have an adverse effect on the stability and performance of the App or other services. Apptivio may choose to set limits on the use of a resource through quotas, time limits, and other mechanisms.
  • engage in any activity that is intended to harm App’s systems, other customers, other systems, or end users of other services and Apps.
  • distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages
  • . use, or facilitate use of, the App in a manner, which violates any applicable law or regulation.

Apptivio reserves the right to take immediate action to suspend or terminate your account if, in its sole and exclusive discretion, you are engaging in activities that violate this agreement. Any termination or suspension may be undertaken with or without notice to you.

Content Posted on Other Apps

We have not reviewed, and cannot review, all of the material, including computer software, made available through the Apps and webpages to which Apptivio links, and that link to Apptivio. Apptivio does not have any control over those non-Apptivio Apps and webpages, and is not responsible for their contents or their use. By linking to a non-Apptivio App or webpage, Apptivio does not represent or imply that it endorses such App or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Apptivio disclaims any responsibility for any harm resulting from your use of non-Apptivio Apps and webpages.

Intellectual Property

Agreement does not transfer from Apptivio to you any Apptivio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Apptivio. Apptivio, its logo, and all other trademarks, service marks, graphics and logos used in connection with Apptivio, or the App are trademarks or registered trademarks of Apptivio or Apptivio’s licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any Apptivio or third-party trademarks.

Changes

Stack reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes. Apptivio may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Apptivio may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Apptivio account (if you have one), you may simply discontinue using the App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The App is provided "as is". Apptivio and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Apptivio nor its suppliers and licensors, makes any warranty that the App will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the App at your own discretion and risk.

Limitation of Liability

In no event will Apptivio, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Apptivio under this agreement during the twelve (12) month period prior to the cause of action. Apptivio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the App will be in strict accordance with the Apptivio Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the App will not infringe or misappropriate the intellectual property rights of any third party. You or Apptivio may identify the other as a user or customer and may use the other’s company name and logo in blog posts, press releases, advertisements, and on their respective Apps. You also grant Apptivio a non-exclusive license to use your trademarks for the purpose of referring to you within the user interface for the App. Apptivio’s right to use your name and logo may be revoked by writing to info@apptiv.io.

Indemnification

You agree to indemnify and hold harmless Apptivio, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Apptivio and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Apptivio, or by the posting by Apptivio of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Apptivio may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Our terms of service above are based on the ones from the wonderful guys from Automattic. You’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. Also check out the original and consider WordPress.com when looking for blog or general CMS.

Disclaimer

The data, graphics, images and information available on this App are for informational purposes only.

Apptivio has no responsibility for the contents of the linked Apps and links should not be taken as endorsements or recommendations of any kind.

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