Terms of Service
LAST UPDATED: 25 April 2010
Please read this Terms of Service agreement (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your agreement to be bound by this Agreement.
This Agreement is between you (“you”) and Gala Digital Ltd. (“Gala Digital,” “we,” “us”) concerning your use of the web site located at http://www.myappsfactory.com (together with any successor site(s), the “Site”).
1. Purpose of the Site
2. Acceptance of Terms
3. Jurisdictional Issues
4. Information Submitted Through the Site
5. Rules of Conduct
6. Registration; User Names and Passwords
7b. License Grant for Submissions
7c. Selected App Submissions; Assignment of Rights in Selected App Submissions
7d. No Obligation to Use
7g. Representations and Warranties
7h. Waiver; Further Assurances
8. Unsolicited Submissions
9. Site Voting
10. Compensation for Selected App Submissions
13. Gala Digital’s Proprietary Rights
15. Third Party Applications
16. Third Party Content
17. DISCLAIMERS; LIMITATION OF LIABILITY
20. Governing Law; Jurisdiction
22. Information or Complaints
23. Claims of Copyright Infringement
24. Ability to Enter Into This Agreement
1. Purpose of the Site. The purpose of the Site is to allow registered Site users to submit ideas for software applications for mobile, portable, wireless, and/or similar or competing devices, or any computing devices (“collectively, Mobile Devices”), which ideas we may elect (in our sole discretion) to use in connection with the development and commercialization of such software applications. From time to time in our discretion, we may solicit Site users’ input and opinions regarding such ideas, including through user “voting” or similar functionality on the Site. By submitting an idea via the Site, you grant to us a non-exclusive license as set forth in Section 7(b) below; further, if we decide to develop and commercialize a software application based on an idea that you submit, you grant to us all rights that you may have in such idea in accordance with the terms and conditions of Section 7(c) below, and we will provide you with compensation for our use of such idea in accordance with the terms and conditions of Section 10 below. Nothing in this Agreement will constitute an admission or acknowledgement that there are any intellectual property rights (or any other rights) in any ideas that you submit, and we expressly reserve any and all rights that we may have under applicable law with respect to any ideas that you submit in connection with the Site. You acknowledge that any ideas that you submit will be available to other Site users and/or the general public, and that such submitted ideas do not constitute confidential information.
2. Acceptance of Terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes; provided, however, any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify or discontinue all or part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
3. Jurisdictional Issues. The Site is hosted on servers located in the United States and/or the United Kingdom and is not intended to subject Gala Digital to the laws of any jurisdiction other than the laws of the jurisdiction(s) in which the Site is hosted. The Site may not be appropriate or available for use in some jurisdictions. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
5. Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 19 below. You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including without limitation any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
- Undertake any activity in order to manipulate the results of any voting on or in connection with the Site (including without limitation by artificially increasing the number of votes for a particular Submission (as defined below)) by any means (including without limitation through the use of robots, scripts or spiders).
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Create a database by systematically downloading and storing all or any Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), Gala Digital grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials. Gala Digital reserves the right to revoke these exceptions, either generally or in specific cases, at any time.
Additionally, you acknowledge and agree that you (and not Gala Digital) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
6. Registration; User Names and Passwords. You may be required to register with Gala Digital in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify Gala Digital of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
a. Generally. The Site may contain areas where you can post information and materials, including without limitation text, ideas, comments, links and other materials (each, a “Submission”). Except with respect to Selected App Submissions (as defined in Section 7(c) below), you retain ownership of any Submissions that you post, subject to the terms and conditions of this Agreement (including the license grant in Section 7(b) below). Additionally, the Site may contain areas where registered Site users may post and/or vote on Submissions consisting of ideas for software applications for Mobile Devices. In the event that Gala Digital elects to use such Submission in connection with the development and commercialization of software application(s) for Mobile Devices, such Submission shall be deemed a “Selected App Submission” for purposes of this Agreement.
BY POSTING SUBMISSIONS, YOU GRANT TO GALA DIGITAL CERTAIN RIGHTS IN SUCH SUBMISSIONS PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. ACCORDINGLY, YOU MUST CAREFULLY REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING SECTIONS 7(b) AND (c) BELOW) BEFORE POSTING ANY SUBMISSIONS TO THE SITE. ANY SUBMISSIONS THAT YOU POST ON THE SITE WILL BECOME PUBLICLY AVAILABLE AND SHALL NOT CONSTITUTE A TRADE SECRET OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION. IF YOU DO NOT AGREE TO THE FOREGOING, OR IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THE FOLLOWING SECTIONS 7(B) AND (C), PLEASE DO NOT POST ANY SUBMISSIONS ON THE SITE.
b. License Grant for Submissions. For each Submission that you post (unless and until such Submission is deemed by us to be a Selected App Submission hereunder, in which case, you hereby assign to Gala Digital your rights in such Submission in accordance with the terms and conditions of Section 7(c) below), and without any admission by Gala Digital that intellectual property rights exist in such submission, you hereby grant to Gala Digital a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, transmit, perform and display (publicly or otherwise), make available to the public, adapt, modify, edit, translate, make, sell, offer to sell, import and otherwise use and exploit (including without limitation by incorporating such Submission into software application(s) for any Mobile Devices, and have others exercise such rights on our behalf (through multiple tiers), such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media now known or hereafter developed (including without limitation Internet, cable, satellite, and wireless media); (ii) create derivative works from such Submission (including without limitation by incorporating such Submission into software application(s) for Mobile Devices or any other work, or into our (or our designees’) products or services); and (iii) use your Submission (including the contents thereof) for the purpose of promoting for any advertising or promotional purposes related to the Site or any of our services or products.
c. Selected App Submissions; Assignment of Rights in Selected App Submissions. For each Submission that you post that we deem to be a Selected App Submission, you agree that such Selected App Submission shall be the sole and exclusive property of Gala Digital, and you hereby irrevocably assign and agree to assign to Gala Digital all right, title and interest worldwide in and to such Selected App Submission, including all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights (if any) underlying or related to such Selected App Submission, including without limitation all rights, whether existing now or in the future, whether statutory or common law, in any jurisdiction in the world, related to such Selected App Submission, together with all national, foreign and state registrations, applications for registration and all renewals and extensions thereof (including any continuations, continuations-in-part, divisionals, reissues, substitutions and reexaminations); all goodwill associated therewith; and all benefits, privileges, causes of action and remedies relating to any of the foregoing, whether before or hereafter accrued (including the exclusive rights to apply for and maintain all such registrations, renewals and extensions; to sue for all past, present and future infringements or other violations of any rights relating thereto; and to settle and retain proceeds from any such actions). To the extent, if any, that any Selected App Submission and/or any rights therein are not assignable, or that you retain any right, title or interest in and to any Selected App Submission, you hereby grant to Gala Digital a perpetual, irrevocable, exclusive, fully paid-up, royalty-free, transferable, sublicensable (through multiple tiers), worldwide right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, make, sell, offer to sell, import, use and exploit (including without limitation by incorporating such Submission into software application(s) for any Mobile Devices), and have others exercise such rights on behalf of Gala Digital (through multiple tiers), all or any portion of such Work Product, in any form or media (now known or later developed).
d. No Obligation to Use. For the purpose of clarification, it shall be in our sole discretion whether or not to exercise any right granted to us under this Agreement, and we shall have no obligation to use or otherwise exploit any Submission.
e. Acknowledgement. You hereby acknowledge and agree that (i) you have received good and valuable consideration in exchange for the rights granted by you hereunder in and to any Submission that you post, including without limitation the ability to participate in activities on the Site and the possibility that publicity or favorable exposure may arise from our use of such Submission or any derivative works incorporating or embodying such Submission; and (ii) you are not entitled to any further compensation for any use or other exploitation of such Submission by us or any other party.
f. Disclaimers. It is possible that Site visitors will post information or materials on the Site that are wrong or misleading or that otherwise violate this Agreement. We and our employees, officers, directors, agents, representatives, licensors, suppliers and service providers (the “Related Entities”) do not endorse and are not responsible for any information or materials made available through the Site or your use of such information or materials. All Submissions will be deemed to be non-confidential and may be used by us on an unrestricted basis. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.
g. Representations and Warranties. You hereby represent and warrant that (i) you have the legal right and authority to enter into this Agreement; (ii) you have not submitted your Submission to any other web site, service, contest, or promotion, whether online or otherwise; (iii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iv) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (v) any Submission that you post, and the use thereof by us and our designees, do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (vi) any Submission that you post is not confidential and does not contain any confidential information; and (vii) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including without limitation our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such Submission.
h. Waiver; Further Assurances. To the extent permitted under applicable law, you agree to forever release and discharge Gala Digital and its Related Entities from, waive and covenant not to initiate, file, maintain, or proceed upon any suit, claim, demand, or cause of action against Gala Digital and its Related Entities with respect to, any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including without limitation reasonable attorneys’ fees) that relate in any way to this Agreement and/or the use of any Submission in a manner consistent with the rights granted under this Agreement, including without limitation any claim for idea misappropriation. Additionally, to the extent permitted under applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” in connection with any Submission that you post (and you hereby represent and warrant that you have obtained clear, express written waivers from any applicable third parties with respect to any and all rights that such third parties may have under such laws in connection with any Submission that you post). At any time upon our request, you shall: (i) take or cause to be taken all such actions as we may reasonably deem necessary or desirable in order for us to obtain the full benefits of this Agreement and any rights and licenses granted by you hereunder, and (ii) execute a non-electronic hard copy of this Agreement.
8. Unsolicited Submissions. Notwithstanding anything to the contrary in this Agreement, we do not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to the Site or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become our sole property. We have no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.
9. Site Voting. The Site may contain areas where registered Site users may vote for Submissions, including Submissions consisting of ideas for software applications for Mobile Devices. We may extend, shorten, modify, waive, limit or cancel any voting via the Site at any time in our sole discretion. In the event of any dispute arising from or relating to voting for Submissions (or any other voting taking place on or via the Site), Gala Digital shall have sole discretion in resolving such dispute. WITHOUT LIMITING SECTION 7(d) ABOVE, GALA DIGITAL IS NOT OBLIGATED TO UNDERTAKE ANY EFFORTS TO DEVELOP AND/OR COMMERCIALIZE ANY APPLICATIONS BASED ON, OR OTHERWISE USE OR EXPLOIT, ANY SUBMISSION, INCLUDING WITHOUT LIMITATION ANY SELECTED APP SUBMISSION, REGARDLESS OF THE VOTING RESULTS IN CONNECTION WITH SUCH SUBMISSION.
10. Compensation for Selected App Submissions. In full consideration of the rights granted by you to Gala Digital in respect of any Submission that you post that is deemed by Gala Digital to be a Selected App Submission, Gala Digital shall pay to you twenty-five percent (25%) of the Net Profits (as defined in the immediately following sentence) in respect of the mobile software application developed and commercialized by Gala Digital based on such Selected App Submission (a “Developed App”); provided that the foregoing obligation shall not apply unless (a) Gala Digital receives an unmodified, fully-executed copy of this Agreement and (b) you have complied fully with and continue to comply fully with this Agreement. “Net Profits” means the amounts paid to and actually received by Gala Digital directly from sales of a Developed App based on a Submission that you post that is deemed by Gala Digital to be a Selected App Submission, less any and all costs of development and/or commercialization, discounts, allowances, refunds, rebates, charge-backs, bad debt, commissions, carrier access fees, agency fees, taxes, duties, regulatory fees, handling, shipping, freight, insurance and any items comparable to any of the foregoing. Gala Digital shall pay any compensation owed to you hereunder on or before the last day of the calendar month following the month in which full payment of the amounts for the sale of a Developed App is actually paid to and collected by Gala Digital.
13. Gala Digital’s Proprietary Rights. The information and materials made available through the Site are and shall remain the property of Gala Digital and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Gala Digital to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Gala Digital in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of Gala Digital include without limitation, and any associated logos. All trademarks and service marks on the Site not owned by Gala Digital are the property of their respective owners. The trade names, trademarks and service marks owned by Gala Digital, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Gala Digital’s trade names, trademarks or service marks without our express prior written consent.
14. Links. The Site may provide links to or feeds from other web sites and online resources. Because Gala Digital has no control over such sites and resources, you acknowledge and agree that Gala Digital is not responsible for the availability of such external sites or resources, and Gala Digital does not endorse and is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that the Gala Digital does not endorse such sites, and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Gala Digital shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
17. DISCLAIMERS; LIMITATION OF LIABILITY. THE SITE AND ANY SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE AND OUR RELATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. WE AND OUR RELATED ENTITIES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) IS OR WILL BE ACCURATE, COMPLETE OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE OR SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.
WE AND OUR RELATED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND in connection with the site, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, WE AND OUR RELATED ENTITES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS POSTED ON THE SITE BY US AND OUR RELATED ENETITIES OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF GALA DIGITAL AND ITS RELATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO GALA DIGITAL TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location of such material(s).
18. Indemnity. Except to the extent prohibited under applicable law, You agree to defend, indemnify and hold harmless Gala Digital and its Related Entities, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
19. Termination. This Agreement is effective until terminated. Gala Digital may terminate your access to or use of the Site, your user name and password and/or any files or information associated with your user name and password immediately if, in its sole discretion, Gala Digital (a) believes that you have violated this Agreement (including without limitation if you repeatedly engage in copyright infringement via or in connection with the Site), or (b) elects to discontinue or materially change the Site, the Services, or any of its services or products. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we and our Related Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 3, 7-8, 12-13, 17-20 and 22-25 shall survive any expiration or termination of this Agreement.
20. Governing Law; Jurisdiction. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement, the Site (or your use thereof) or any Submission) is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
Notwithstanding the previous paragraph, if you reside in a member state of the European Union and are accessing the Site from a member state of the European Union, you hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement, the Site (or your use thereof) or any Submission) is governed by and shall be construed in accordance with the laws of England, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the English courts, and waive any jurisdictional, venue or inconvenient forum objections thereto.
21. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Gala Digital does not endorse any of the products or services listed at such site.
22. Information or Complaints. If you have a question or complaint regarding the Site or the meaning of application of this Agreement, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please note that email communications will not necessarily be secure; accordingly you should not include information that you consider to be sensitive in your email correspondence with us.
23. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Gala Digital a notice requesting that Gala Digital remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Gala Digital a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
24. Ability to Enter Into This Agreement. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER: (A) OF LEGAL AGE (WHICH, IN THE EU, SHALL BE DEEMED TO BE EIGHTEEN (18) YEARS OR OLDER) TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT; OR (B) THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a child under the legal age to enter into this Agreement, then, as used in this Agreement, “you,” “yourself,” “your,” and “user” means and refers to you on behalf of yourself and your child who is the user of the Site.
Site © 2010 Gala Digital Ltd. unless otherwise noted. All rights reserved.
LAST UPDATED: 25 April 2010
By providing Personal Information to us, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not provide any Personal Information to us. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.
1. What Types of Information Do We Collect From You?
“Personal Information” is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided through the Site (for example, to register on the Site), we may require that you furnish Personal Information. We collect Personal Information from you, such as your name, postal address, telephone number and e-mail address, only when you voluntarily provide it to us.
“Non-Personal Information” is aggregated information, demographic information and any other information that does not reveal your specific identity. We and our third party service providers may collect Non-Personal Information from you, including your MAC address, your computer type, screen resolution, OS version, Internet browser, as well as demographic data, for example your location and gender and Personal Information that has been aggregated in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code.
IP Addresses. Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.
2. How Do We Use Information Collected From You?
Personal Information. We may use Personal Information:
- for the purpose for which it was provided, e.g., to register you for the Site, to display your app idea to others for voting, to permit you to vote for app ideas, and to communicate with you in connection with your app and/or your vote.
- to send you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt-out of receiving such communications.
- to inform you of products, programs, services and promotions that we believe may be of interest to you.
- to permit you to send messages regarding Site-related content to a friend through the Site. If you wish to use this feature, you may be required to provide us, and we may use, with your friend’s e-mail address to facilitate your sending of such message to your friend. By using this functionality, you affirm that you are entitled to use and provide us with the recipient’s name and email address for this purpose. We will not to use your friend’s Personal Information for any other purpose other than to allow the email to be sent, unless we disclose such other purpose to you at the time you provide such Personal Information to us.
- for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
Non-Personal Information. Because Non-Personal Information does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non‑Personal Information, which does not personally identify you, with affiliates and other third parties, for any purpose. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder as long as it is combined.
IP Addresses. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
3. How Is Personal Information Disclosed? We may disclose Personal Information:
- to our third party service providers who provide services such as website hosting, data analysis, infrastructure provision, IT services, e-mail delivery services and other similar services to enable them to provide services.
- to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
- as we believe to be appropriate (a) under applicable law including laws outside your country of residence; (b) to comply with legal process (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.
4. Other Important Notices Regarding Our Privacy Practices.
Interactive Services. We may make available through the Site services (for example, forums, voting and comments pages and blogs, among other services) to which you are able to post information and materials. Please note that any information you disclose through such services becomes public information, and may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY Personal Information YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
Third Party Advertisers. We may use third-party advertising companies to serve ads when you visit our Site. Please note that these companies may use information (not including Personal Information) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visithttp://networkadvertising.org/optout_nonppii.asp.
Security. We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
Opt-Out. If you change your mind, and no longer wish to receive marketing-related e-mails from us on a going-forward basis, you may opt-out of receiving such marketing-related e-mails by changing your account settings via the “My Account” section of the Site. We will endeavor to comply with your request as soon as reasonably practicable.
Changing or Suppressing Personal Information. If you would like to review, correct, update, suppress or otherwise limit our use of your Personal Information that has been previously provided to us, you may do so by emailing us at firstname.lastname@example.org. For your protection, we will only implement such requests with respect to the Personal Information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.
In each event, you must clearly indicate the information that you wish to have changed, clearly indicate that you wish to have your Personal Information suppressed from our database or clearly indicate the limitations you wish to put on our use of your Personal Information. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared your Personal Information, or limiting their use of your Personal Information.
Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of fourteen (14), and we request that such individuals do not provide Personal Information through the Site.
Cross-Border Transfers. By using the Site and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, such as the United States and Hong Kong, which may provide a different level of data security than in your country of residence.
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information in your e-mail correspondence with us.