Terms of Use
These terms of use (the "terms of use") set out the legal duties of the parties with respect to the use of our services and of APK.COM (the "site"). By signing up for a APK.COM Account (as defined in Section 1) or by using any Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). Please read them carefully before using this website.
The Agreement
These terms of use are a legal agreement between you (referred to hereinafter as "you", "your," or "user") and APK.COM hereinafter as "APK.COM", "we," "us", or "our"). These terms of use set forth the Terms and Conditions under which you may use our site and any services that may be offered at our site now or in the future (the "services"). References to "our site" include, where applicable, the services.
You should also review our Privacy Policy before using this site.
By using our site you signify your agreement to these terms of use and to the Privacy Policy. We may amend these terms of use from time to time without notice to you, and you agree to be bound by any such amendments. Therefore, you should review these terms of use each time you use our site.
APK.COM only provides general information and nothing on the site should be taken as any form of advice, warranty or endorsement. The content, information, articles, links, pictures, graphics, and other information contained on this site is for information and entertainment purposes only and is not a substitute for professional advice. To learn more, your should review our Privacy Policy which details important information that will help answer questions regarding personal privacy in relation to the use of our site.
1.Account Terms
You are responsible for your Account, the materials you upload to APK.COM Service and the operation of your Page. Anyone who built pages or upload apps on APK.COM warrants that (i) the contents uploaded on your page or the apps uploaded by you was created by you or that you own or control all rights in such content; and (ii) the exercise by APK.COM of its rights under this agreement will not violate the rights of any third party or applicable laws or regulations.
If you violate APK.COM terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.
A. To access and use the Services, you must register for a APK.COM account (“Account”). To complete your Account registration, you must provide us with your full legal name (including your name and the name of the entity), business address, a valid email address, and any other information indicated as required. APK.COM may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion. If your app already can be accessed in Google Play, please provide us with the email address that you registered with Google Play.
B. You must be the older of: (i) 13 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to Build an Page.
C. You acknowledge that APK.COM will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to APK.COM and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with APK.COM can only be authenticated if they come from your Primary Email Address.
D. You are responsible for keeping your password secure. APK.COM cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
E. Technical support in respect of the Services is only provided to APK.COM Users. Questions about the Terms of Service should be sent to APK.COM Support (email address).
F. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by APK.COM.
G. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside APK.com’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
H. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
I. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to APK.COM or its affiliates.
2.Account Activation
Your APK.COM Page can only be associated with one Page Owner. A Page Owner may have multiple APK.COM Pages.( “Page” means the websites you build with the service provided by APK.COM.)
3.Use Restrictions
All information, content and materials contained or offered on our site are our copyrighted property or the copyrighted property of our content suppliers, licensors, licensees or third party developers. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our content suppliers, licensors, licensees or third party developers. Nothing contained on our site confers any license, right, title, or interest in or to our intellectual property or any third-party's intellectual property (including but not limited to patents, copyrights and trademarks) in any form by implication, estoppel, or otherwise. No content or material from our site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way that violates these terms of use or applicable law.
You agree not use our site in any way that harms us or any other person or entity. You shall not use or attempt to use our site for any improper or unlawful purpose including, without limitation, to violate any of our policies, procedures, or requirements, or to interfere with, disrupt, or breach the security of our site or any of our servers or networks. You are further responsible for ensuring that your use of our site does not violate any applicable local, state, federal, international or other laws, rules, or regulations.
We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
4.Restricted Content
People from all over the world use APK.COM to access different kinds of apps or other contents every day. Before submitting an app or any content on your Page, check if your app or content is appropriate for APK.COM and compliant with local laws.
Here are some examples of common violations:
A. Sexually Explicit Content. We don’t allow any apps or any other contents that contain or promote sexually explicit content, such as pornography. In general, we don’t allow content or services intended to be sexually gratifying. Here are some examples of common violations: Depictions of sex acts or sexually suggestive poses. Promotional images of sex toys. Promoting sexually explicit user-generated content. Content that depicts, describes, or encourages bestiality. Apps that promote escort services or other services that may be interpreted as providing sexual acts in exchange for compensation.
B. Child Endangerment. APK.COM has a zero-tolerance policy against child sexual abuse imagery. If we become aware of any contents with child sexual abuse imagery, we will report the same to the appropriate authorities and delete the APK.COM Accounts and Pages of those involved with the distribution.
C. Violence. We don’t allow apps or any other contents that depict or facilitate gratuitous violence or other dangerous activities. Here are some examples of common violations: Graphic depictions or descriptions of realistic violence or violent threats to any person or animal. Terrorist groups documenting their attacks. Instructions for engaging in violent activities, including bomb or weapon making. Instructions on how to commit suicide. Apps that promote self-harm.
D. Bullying and Harassment. We don’t allow apps or any other contents that contain or facilitate threats, harassment, or bullying. Here are some examples of common violations: Apps with user generated content (UGC) that lack sufficient safeguards against threats, harassment, or bullying, particularly toward minors. Posts, comments, or photos within an app that are primarily intended to harass or single out another person for abuse, malicious attack, or ridicule.
E. Hate Speech. Hate Speech. We don't allow apps or any other contents that advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
F. Sensitive events. We don't allow apps or any other contents that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, conflict, death, or other tragic event.
G. Gambling. We allow contents and services that facilitate online gambling, as long as they meet the following requirements: Gambling Apps (Currently permitted in the UK, Ireland, and France only) Developer must successfully complete the application process in order to distribute the app on Play; App must comply with all applicable laws and industry standards for any country in which it is distributed; Developer must have a valid gambling license for each country in which the app is distributed; App must prevent under-age users from gambling in the app; App must prevent use from countries not covered by the developer-provided gambling license; App must be free to download and install from the Store; App must be rated AO (Adult Only) or IARC equivalent; and App and its app listing must clearly display information about responsible gambling. For all other locations, we don’t allow content or services that facilitate online gambling, including, but not limited to, online casinos, sports betting and lotteries, and games of skill that offer prizes of cash or other value.
H. Illegal Activities. We don’t allow apps or any other contents that facilitate or promote illegal activities. Here are some examples of common violations: Facilitating the sale or purchase of illegal drugs or prescription drugs without a prescription. Depicting or encouraging the use or sale of drugs, alcohol, or tobacco by minors. Instructions for growing or manufacturing illegal drugs.
5.Links to Third Party Websites
When you are on our site you could be directed, via hyperlink, to third party websites that are beyond our control. For example, our site may provide search results in response to user queries or other links from advertisers, sponsors or content partners that may or may not use ads or logo(s) to link to their own sites. You acknowledge that when you click on a link that leaves our site, the site you will land on may not be controlled by us and different terms of use and privacy policies shall apply. By clicking on such links you hereby acknowledge that APK.COM is not responsible for those websites or their associated content or services. We also reserve the right to disable links from any third-party sites, although we are under no obligation to do so.
6.Policy Restrictions
You will not impair or cause damage to our site, or any connected network, or otherwise interfere with any person or entity's use or enjoyment of our site in any way, including without limitation, using or launching any automated system that accesses our site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, operators of public search engines may use spiders for the sole purpose of creating publicly available searchable indices of the materials and our site, but not for caching or archiving such materials.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our sites.
7.Disclaimer
The services, information, content and materials on our site or provided through our site are provided "as is" and without warranties of any kind, either express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose; non-infringement; any implied warranty relating to course of performance, course of dealing, or usage of trade; and any warranty regarding the suitability and quality of our site for your purposes or expectations. We do not warrant that the functions contained in information, content and materials on our site or through our site will be uninterrupted or error-free, that defects will be corrected, or that our site or the servers that make such information, content and materials available are free of viruses or other harmful components. moreover, you assume the entire cost of all associated servicing, repair or necessary correction due to any such harm. We do not warrant or make any representations regarding the use or the results of the use of any information, content, materials, products or services contained on or offered, made available through, or otherwise related in any way to our site or any third party sites or services linked to or from our site in terms of their correctness, accuracy, completeness, availability, reliability, safety or otherwise.
We cannot ensure that you will be satisfied with any products or services that you may purchase from a third party website that links to or from our site or developers’ pages on our site or third party information, content or materials contained on our site. We do not endorse any of the content, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials you might be requested to give to any third party.
You hereby irrevocably waive any claim against us with respect to (a) information, content and materials contained on our site or provided through our services, (b) third party websites or offers placed through the site in respect to any information, content and materials you provide to such third parties, (c)information, content and materials contained on the Pages developers built.
Some jurisdications may not allow the exclusion of implied warranties, so some or all of the above exclusion may not apply to you.
8.Indemnification
You hereby agree to indemnify, defend, and hold us, our content providers, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the "indemnified parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified parties in connection with any claim arising out of any breach by you of these terms of use or claims arising directly or indirectly from your use of our site.
We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you hereby agree to cooperate with us in the defense of any such claim.
9.Limitation Of Liability
In no event shall we or any of our directors, officers, employees, agents, contractors, affiliates, subsidiaries, successors or assigns be liable to you or any other party for any claim for direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to lost profits), or for damage to your computer (including but not limited to harm resulting from downloading or accessing information or material on the internet), or for failure to store or deliver, in a timely or untimely manner, any information or material displayed, or any claim in contract or tort (whether or not arising in whole or part out of our act, omission, fault, negligence, strict liability, or product liability) arising out of or in connection with our site, the content of our site, or from users of our site (whether offline or online), even if such damages are foreseeable or we have been advised of or have constructive knowledge of the possibility of such damages. You further acknowledge and agree that neither we, nor our content providers, licensors, licensees, developers nor any of the foregoing entities' respective resellers, distributors, service providers or suppliers are responsible or liable for any incompatibility between our site and any other website, browser, service, software or hardware. The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law. because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, certain parts of the foregoing paragraph of this section may not apply to you.
Furthermore, in no event shall we or any of our directors, officers, employees, agents, contractors, affiliates, subsidiaries, successors or assigns be responsible or liable for the content, completeness, accuracy or legality of information or material displayed in connection with or arising out of our site or any cessation, interruption or delay in the performance of our site for any reason including, without limitation, causes beyond our reasonable control such as earthquake, flood, fire, storm or other natural disaster, act of god, labor controversy or threat thereof, civil disturbance or commotion, act of terrorism, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of business including internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree. Our total liability to you for any damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of or connected to our site shall in no event exceed $100.
10.General Provisions
We reserve the right at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
If any provision of these terms of use, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these terms of use; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service, or the interpretation, making, performance, breach or termination thereof, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force at the commencement of such arbitration proceedings. The Tribunal shall consist of one (1) arbitrator and the language of the arbitration shall be English.
No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by APK.COM.
We may immediately terminate these terms of use with respect to you (including your access to our site, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of our site.
The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.
These terms of use along with any other notices, policies, procedures, agreements, and terms and conditions on our site contain the entire understanding with respect to your use of our site and our relationship with you and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to our site must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.
11.Export Control and sanctions.
Hereby, you represent and warrant that (i) You and any entity or person that directly or indirectly controls you or is under common control with you, are not on any sanctions lists enacted or enforced by United Nations, the United States, the European Union, as well as other countries and regions. (ii) you will comply with any and all applicable laws and regulations pertaining to export controls and economic sanctions of the United Nations, the United States, the European Union, as well as other countries and regions. You will obtain all necessary authorizations and licenses as required by law at your own expense. (iii) You undertake not to use the APK.COM Services for any purposes that are prohibited by applicable export control laws, nor to use the APK.COM Services to upload, synchronize, or transmit any software, technologies (including technical data), and/or any other materials that are subject to the U.S. Export Administration Regulations (EAR) or any other applicable laws. You also agree that you will not use the APK.COM Technology and Services for any purposes prohibited by any applicable law, including but without limitation to the development, design, manufacture or production of nuclear, missile, chemical or biological weapons or any other military end uses. To the maximum extent allowed by applicable law, APK.COM shall not be liable for any losses or penalties that you may incur or suffer in connection with your breach of the preceding representations, warranties, and undertakings.
12.Questions or Comments
If you have any questions or comments regarding these terms of use, the practices of our site, or your dealings with our site, you may contact us at [email protected].
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