Maverick Mavprovided AppsMav (“Apps Mav”) applications & services help businesses with their social media & Facebook Marketing efforts.. Apps Mav applications may include do-it-Yourself system that enables businesses to easily upload Your images, links, and text and display Apps Mav Facebook apps on their Facebook pages. Please read these Terms and Conditions carefully.
Acceptance of the Terms of Service
By signing up for an account orusing any of the software, books, applications, packages, plansor Web sites (collectively, “Services”) offered by Apps Mav, you, on behalf of yourself, your company, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, customers and contractors, (collectively “You”) (as the account owner) acknowledge that You have read, accept and agree to be bound by the terms and conditions set forth in this Agreement. IfYou are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to this Agreement, in which case the terms “You” or “Your company” shall refer to such entity. If You do not have such authority or if You do not agree to this Agreement, You may not use this Service.
Changes to the Terms of Service
This Agreement may be updated by Apps Mav periodically. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect You, as Your continued use of this Site signifies Your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, or the Service at any time without prior notice to You. If any change to this Agreement is not acceptable to You, Your only remedy is to stop accessing and using the Site and Service. Any new features that augment, modify or enhance the current Services, including the release of new tools and resources, shall be subject to this Agreement.
Violation of any of the terms and conditions below will result in the termination of Your account. While Apps Mav prohibits certain conduct while using the Services, You understand and agree that Apps Mav cannot be responsible for content posted by You or other users of the Services (User Content). You agree to use the Services at Your own risk.
1. Apps Mav is not responsible for and does not endorse or accept any responsibility for the contents of or Your use of the Facebook site. Apps Mav makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness or completeness of any information supplied by You, Facebook or others not affiliated with Apps Mav.
2. You agree to be bound by Facebook’s Statement of Rights and Responsibilities (as such may be amended or modified from time to time), which can be found at http://www.facebook.com/terms_pages.php or such other location as Facebook may set forth, and incorporated herein by reference.
3. Apps Mav does not imply, represent or warrant,that by providing the ability to build Facebook pages that Apps Mav holds or grants any license to use any text or graphics provided by Facebook or others not affiliated with Apps Mav. Further, Your use of information obtained through the Services may be subject to restrictions imposed by one or more third-party copyright owners, including service providers to Apps Mav, and You agree that You shall comply with any such restrictions.
4. For content that is covered by intellectual property rights (e.g. photos, logos, audios, code, videos , digital images and any other type of data) (collectively “IP Content”), You grant Apps Mav a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute&/or store any IP Content that You post on or in connection with the use of the Services (“IP License”). This IP License ends when You delete Your IP Content or Your account, unless Your IP Content has been shared with others, and they have not deleted it. You acknowledge & agree that deleted content may persist in backup copies & elsewhere.
You also acknowledge & agree that we have no responsibility, no liability& no control over the IP content that has been shared with &by others and that You will not request or pursue us to get such IP content deleted.
5. Accounts registered by “bots” or other automated methods (including use of scripts or web crawlers) are not permitted. Further,Apps Mav, in its sole discretion, reserves the right to not accept Your registration for any reason whatsoever. Further, Apps Mav has no obligation whatsoever to provide any reason or explanation for not accepting Your registration.
8. In order to use the Services You will be required to provide Your full legal name, a valid email address, credit card or Paypal for purposes of payment, and any other information requested as part of the registration process for the Services, or as part of Your continued use of the Services. You agree that any registration information You give to Apps Mav will always be accurate, correct and up to date.
9. Your login information shall not be used by another person (i.e. – a single login shared by multiple people is not permitted). Subject to our other terms and conditions herein, You may create separate logins for as many people as necessary.
10. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with Your account. Therefore, You agree that You will be solely responsible to Apps Mav, Maverick Mav or its affiliates for all activities that occur under Your account. If You become aware of any unauthorized use of Your password or of Your account, You agree to notify Apps Mavimmediately: firstname.lastname@example.org
11. We may offer free accounts for some of our services. As part of this service, we reserve the right to display advertisements on the Services. If You are using a free account, Youagree to the display of these advertisements. Further Youare not permitted to and agree to not block the advertisements that may be displayed on such Services.
12. One person or legal entity may not maintain more than one free account.
13. You may not use the Services for any illegal or unauthorized purpose. You must not, in using the Services, violate any laws in Your jurisdiction (including but not limited to copyright laws, export laws regarding transmission of data or software to and from relevant countries, etc.).
14. You expressly understand and agree that Apps Mav shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Apps Mav has been advised of the possibility of such damages), resulting from Your use of the Services or Your use of third-party products, content, data or services accessible&/or displayed via the Services.
15. Abuse or excessively frequent requests to access or use the Services may result in the temporary or permanent suspension (or permanent cancellation) of Your access to the Services. Apps Mav, in its sole discretion, will determine whether there has been abuse or excessive usage of the Services.
16. Apps Mav, in its sole discretion, reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the Services (or any part thereof) with or without notice.Further, Apps Mavhas no liabilitywhatsoever for taking any such action.
Grant of a Limited License to Use the Services
You acknowledge that in providing the Services, Apps Mav uses documents, software and other works of authorship, and other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets (collectively the Apps Mav Technology) and that the Apps Mav Technology is covered by intellectual property rights owned or licensed by Apps Mav. Other than as expressly set forth in this Agreement, no license or other rights in the Apps Mav Technology are granted to You, and all rights not expressly granted to You are expressly reserved. You agree not to modify, create derivative works of, translate, reverse engineer, decompile, disassemble the Services or otherwise recreate or gain access to the source code of the Services.
You further agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party for any other purpose including but not limited to research, competitor analysis, etc.; or (ii) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics or (c) copy any ideas, features, functions or graphics of the Services.
Payment, Refunds, Upgrading and Downgrading Terms of Service
- If You sign up for a free trial of an Apps Mav account, and You do not cancel that account before the expiration of the free trial period, You will be billed monthly, quarterly, semi-annually or annually , as per Your subscription term, starting on the day after Your trial period expires. If You cancel properly prior to the processing of Your first billing, You will not be charged.
- Charges for access to the Services are billed in advance on a monthly, quarterly, semi-annual or annual basis as the case maybe and are non-refundable. Further, there will be no refunds or credits for partial months of use of the Services, upgrade/downgrade refunds, partial use or refunds for months (or part thereof) unused.
- All charges for access are exclusive of all taxes, levies, or duties imposed by authorities in Your jurisdiction, and You shall be responsible for payment of all such taxes, levies, surcharges, or duties in addition to Your fee for the Services. You agree that we may add such charges to Yourbilling amount as part of Your fees for Services.Further the prices displayed includeAustraliaGST when applicable. Where applicable for Australian customers, a GST inclusive invoice will be issued.
- For any upgrade or downgrade to the Services plan subscription, You will need to login into our support dashboard and signup for the desired upgrade or downgrade. Further You will also need to logintoYour PayPal account and create the new subscription and also cancel the old subscription.
- Downgrading Your Services may cause You to lose access to certain content or features of Your account or the Services. Apps Mav does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly cancelling Your accountand/or Service. An email or phone request to cancel Your account shall not be considered cancellation of Your account or termination of the terms of this Agreement. You can cancel Your account and/or Service at any time by logging into the Apps Mav billing and support system and cancelling the relevant account and/or Service.
- All of Your User Content, Service- content & features, and account information will ultimately be deleted, on a best effort basis, from our system after cancellation of the account and/or Service. This information cannot be recovered once Youraccount and/or Service is cancelled.
- If You cancel the Services before the end of Your current paid up billing period, Your cancellation will take effect immediately, however, the Apps Mav applications may be displayedand You may need to manually remove them. Please contact us at email@example.com for assistance with removing the application
- Apps Mav, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Services, or any other Apps Mav Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of Youraccount and Services with no refund, or Your access to Your account and Services, and the forfeiture and relinquishment of all User Content in Your account and Services.Apps Mav does not accept any liability for any such actions.
Apps Mav reserves the right in its sole discretion and without accepting any liability &/or responsibility, to refuse to provide any of the Services to anyone for any reason at any time.
Modifications to the Service and Prices
- Prices of all Services, including but not limited to monthly or quarterly or semi-annual or annual subscription plan fees for Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Apps Mav Web site (www.appsmav.com) or direct emails to You orany such other method as chosen by Apps Mav.
- Apps Mav shall not beliable to You or to any third party for any modification, change, enhancement, malfunction, intermittent unavailability, price change, suspension or discontinuance of any of the Services and/or account. By utilizing the Services and/or creating an account, You accept the terms herein of this Agreement in full and agree to waive Your right to file a claim for losses, damages, etc. against Apps Mav, Maverick Mav, its affiliates, subsidiaries, contractors, supplier, and other similar entities, including the officers,directors, members, managers, employees, representatives and agents of any of the foregoing (all individuals and entities are collectively the ‘Apps Mav Associates’) for any such situations.
Copyright and Content Ownership
- All Content, including posted on the Services must comply with all copyright laws & separately any special or different copyright laws in Your jurisdiction. It is Your sole responsibility and to ensure compliance with copyright laws.
- By using our Services, You grant Apps Mav the non-exclusive right and license to use captured images and other data from Your page or profile for promotional, marketing or case studies purposes. By granting this right You agree that Apps Mav, Maverick Mav and its affiliates have a license to use this material or content for the purpose set forth in this Section. In addition, by setting Your pages to be shared publicly, You agree to allow others to view and share Your User Content.
- Apps Mav does not pre-screen User Content, but Apps Mav, Maverick Mav, & Apps Mav Associateshave the right (but not the obligation) in their sole discretion ,without any liability or responsibility whatsoever, to refuse or remove any User Content that is available via the Services or the Account.
- Unless written permission is provided by Maverick Mav, nothing in this Agreement gives You a right to use any of Apps Mav or Maverick Mav trade names, trademarks, services marks, logos, domain names, other distinctive brand names or any other Intellectual property or Technology.
- Maverick Mav is the copyright & all other Intellectual property rights owner of all content on the www.appsmav.com website. All rights reserved. You may not duplicate, copy, or reuse any portion of the design or code of the www.appsmav.comwebsite without express written permission from Maverick Mav
You, on behalf of Yourself, Your company, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, customers and contractors, (collectively “You”) hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the APPS MAV, MAVERICK MAV, ITS AFFILIATES, SUBSIDIARIES, CONTRACTORS, SUPPLIERS, AND OTHER SIMILAR ENTITIES, INCLUDING THE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “APPS MAV ASSOCIATES” ) harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim now or later may occur due to or arising out of Your access to and use of the Content and Services, any violation of this Agreement or any violation of any rights of another. We reserve, and You grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by You. All rights and duties of indemnification set forth herein shall survive termination of this Agreement. Without limiting the foregoing, to the maximum extent permitted by law, You waive all rights You and other parties may have under any jurisdiction for e.g. California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected the settlement with the debtor.”
DISCLAIMER Although Apps Mav, Maverick Mav and its Associates strive to make this Site and the Service helpful, reliable and current, You understand that Your access to and use of the Site, the Service& Account is at Your own initiative and risk. It is Your responsibility to take precautions to ensure that any information, materials, software or data that You access, use, download or otherwise obtain on or through the Site, Account and Service are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which Youmay desire to use them; and (ii) free of viruses and other destructive routines. ALL CONENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE, SERVICE AND ACCOUNT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. APPS MAV, MAVERICK MAV AND ASSOCIATES DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. APPS MAV DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL APPS MAV, MAVERICK MAV, ITS AFFILIATES, SUBSIDIARIES, CONTRACTORS, SUPPLIERS, AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE “APPS MAV ASSOCIATES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, APPS MAV ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) AUSTRALIAN DOLLARS, WHICHEVER IS LESS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of APPS MAV ASSOCIATES shall be limited in accordance with this Agreement to the fullest extent permitted by law.
You agree that, unless otherwise specifically provided herein or agreed by Apps Mav in writing, the Services and the Documentation, including the specific design and structure of the Service, provided to you by Apps Mav constitute confidential proprietary information of Apps Mav. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Apps Mav. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Services and Account provided to you by Apps Mav. You will use your best efforts to cooperate with and assist Apps Mav in identifying and preventing any unauthorized use, copying, or disclosure of the Services, Account, Documentation, or any portion thereof.
THE BETA VERSION LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SERVICE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE, WEBSTE, ACCOUNT AND/OR ACCOMPANYING MATERIALS.
Provision of any Service, Account and/or Website content during BETA is experimental and shall not create any obligation for Apps Mav and its Associates to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Services, Account or Website either to You or to any other party.
Grant of License of During Beta
Subject to the terms and conditions of this Agreement, Apps Mav hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) to use the Service, Website and Account in accordance with the Documentation solely for purposes of internal testing and evaluation.
Beta-Software Product Support
Apps Mav and its Associates are under no obligation to provide technical support under the terms of this license, and provide no assurance that any specific errors or discrepancies in the Service, Account or Website will be corrected or endeavoured to be corrected.
It is expressly understood, acknowledged and agreed that You shall, regardless of whether or not formally requested to do, provide to Apps Mav reasonable suggestions, comments and feedback regarding the Service, Web Site and Account including but not limited to usability, bug reports and test results, with respect to testing and usage (collectively, “Feedback”). If you provide such Feedback to Apps Mav you shall grant to Apps Mav the following worldwide, exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Apps Mav, Maverick Mav and its Affiliates product, technology, service, specification or other documentation (individually and collectively, “Maverick Mav Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Maverick Mav Product; (iii) solely with respect to Licensee’s copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Maverick Mav Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Apps Mav, Maverick Mav and its Associates to comply with any additional obligations with respect to any Apps Mav, Maverick Mav and its Affiliates Products that incorporate any Feedback.
1. Technical support is only provided to paying account holders and is only available at the levels offered for the specific account plan that You have signed up for.
2.You understand that Apps Mav uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Services. These vendors and partners may have access to User Content, profile pages, account information or any other information submitted via the Services.
3.You shall not modify, adapt, access without authorization or hack the Services or modify another website so as create the impression that it is associated with the Services, Apps Mav, or any other entity affiliated with Apps Mav.
4.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission of Maverick Mav
5. We may, but have no obligation to, remove User Content or other information and accounts containing any information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property or this Agreement.
6. You understand and agree the technical processing and transmission of the Services, including Your User Content, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
8. You must not transmit any worms, trojans, malware, spyware, ransomware or viruses or any code of a destructive nature.
9. If Your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Apps Mav) of other Apps Mav customers, we reserve the right to immediately disable Your account until You can reduce Your bandwidth consumption.
10. Apps Mav does not warrant that (i) the Services will meet Your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by You through the Services will meet Your expectations, and (v) any errors in the Services will be corrected.
11. You expressly acknowledge and agree that Apps Mav shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Apps Mav has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.
13.When You visit AppsMav.com website or send e-mails to us, You are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with You by e-mail or by posting notices on the www.appsmav.com site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
QUESTIONS REGARDING TERMS Please contact us with any questions regarding this Site, the Service or this Agreement by e-mail at firstname.lastname@example.org