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Terms of Use

IMPORTANT: IN ORDER TO ACCESS AND USE THE APEER WEB SITE (“SITE”), SOFTWARE AND SERVICE (“SOFTWARE” AND “SERVICE” RESPECTIVELY), YOU MUST COMPLY WITH THESE TERMS OF USE (“TERMS OF USE”).

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, YOU MAY COMMUNICATE WITH US BY SENDING AN EMAIL TO support@apeer.com.

PRIVACY POLICY. Your use of the Site, Software and Service is subject to the Apeer Privacy Policy, as may be updated and amended from time to time, posted on the Site. By using the Site, Software or Service, you signify your understanding and assent to these Terms of Use and agree to comply therewith, and with all applicable laws and regulations.

USE OF THE SOFTWARE AND SERVICE. YOUR use of the Software and Service is subject to YOUR compliance with all of the terms and conditions of the Apeer Service Agreement and the policies of APEER as posted from time to time at www.apeer.com, including without limitation APEER’™s Privacy Policy. By downloading and using the Software YOU acknowledge that YOU have read and agree to be bound by all such policies. APEER reserves the right to modify or discontinue YOUR access to the Service, the distribution of any content through the Service, or to change the terms of use of the Software and/or Service, or to change any APEER policy at any time with or without prior notice.

RESTRICTIONS. As a condition of YOU using the Software and Service, YOU agree that you will not (a) use the Software or Service to download, upload, use, share with others or otherwise copy or distribute music, movies, images or other content for which you have not obtained all necessary rights from the owner or rightful licensor of such content; (b) modify content identifiers (such as the title or the name of the creator of that content) in order to disguise the ownership, origin or description of any content; (c) download, upload, use, share with others or otherwise copy or distribute any content that is defamatory, harassing, obscene, invasive of another’s privacy, or is otherwise illegal; (d) harm minors in any way, including without limitation by sharing with others or otherwise copying or distributing child pornography; (e) upload, share with others or otherwise distribute any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or that of any other equipment or device; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (g) export or re-export the Software except in compliance with the export control laws of the United States and other relevant jurisdictions; or (h) collect any information about APEER’™s network or users of the Software or Service by monitoring, interdicting or intercepting any process of the Software or Service.

TERMINATION OF SERVICE. In the event that we learn or receive notice that YOUR use of the Software or Service (including without limitation YOUR distribution of content through the Service) infringes the intellectual property rights of a third party or if YOU share with others or otherwise copy or distribute material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense or that could give rise to civil liability or that otherwise violates any law, regulation, the terms of the Apeer Service Agreement or any of our policies, we reserve the right to terminate YOUR use of the Software and Service and to remove any files that may be stored on or otherwise transmitted by our Service, with or without notice. We also reserve the right to decide whether content shared by YOU with others using the Software or Service is appropriate and complies with the Apeer Service Agreement. Upon any such termination, YOU will then cease any and all use of the Software and Service and will remove the Software from all hard drives, networks, and other storage media and destroy all originals and copies of the Software in YOUR possession or under YOUR control.

SYSTEM AND NETWORK REQUIREMENTS. Use of the Software and Service requires a compatible device and Internet access. Use of the Software and Service may require additional software and updates or upgrades from time to time. Because use of the Software and Service involves hardware, software and Internet access, the availability of the Service and/or YOUR ability to use the Software and Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. YOU acknowledge that such system and network requirements, which may be changed from time to time, are YOUR responsibility.

INTELLECTUAL PROPERTY. The patents, copyrights, trade secrets and all other intellectual property rights in the Software, product documentation and Service (including any images, video, audio, music and text incorporated in them) and all trademarks and trade names associated with them are owned by APEER or its suppliers and are protected by the patent, copyright, trademark and other laws of the United States and other nations and by international treaty provisions. YOU may not use any of them except as expressly permitted in the Apeer Service Agreement. APEER expressly retains all intellectual property and other rights not expressly granted to YOU under license in the Apeer Service Agreement.

THIRD-PARTY SOFTWARE AND SERVICE. Portions of the Software may contain software licensed from third parties and are subject to the terms and conditions of third-party license agreements. Portions of the Service may be provided or rendered by third parties and are subject to the terms and conditions of third-party service agreements. YOU agree to comply with all the terms and conditions of all such third-party agreements as posted at www.apeer.com.

YOUR INFORMATION. APEER’™s collection and use of (a) any and all information provided by YOU and (b) any and all information and data which may be collected by APEER in connection with YOUR use of the Software or Service shall at all times be subject to APEER’™s then current Privacy Policy as posted at www.apeer.com.

YOUR DUTY TO PROVIDE CURRENT AND COMPLETE INFORMATION. YOU agree to provide accurate, current and complete information required to register with the Service and at other times as may be required in the course of using the Service. YOU further agree to maintain and update this information as required to keep it accurate, current and complete. APEER may terminate YOUR rights to any or all of the Software and Service if any information YOU provide is false, inaccurate or incomplete. YOU agree that APEER may store and use the financial information YOU provide, including credit card and PayPal account information, for use only in maintaining YOUR accounts and billing Service fees to YOUR account.

CONSENT. YOU agree that APEER and its affiliates may collect and use all non-financial information obtained from YOU and about YOU, YOUR usage of the Software and Service, YOUR computer and other devices, YOUR operating system and application software, and any other data collected in conjunction with YOUR use of the Software or Service. We reserve the right at any time to conduct diagnostics and monitor the performance of the Software and Service. YOU agree that APEER has the right, without liability to YOU, to disclose any registration data and/or account information to law enforcement agencies, government officials and other third parties as APEER believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Apeer Service Agreement.

YOUR ACCOUNT. As a registered user of the Service, YOU may be required to establish an account. YOU may edit your account information at any time at www.apeer.com. YOU are solely responsible for maintaining the confidentiality and security of YOUR account. YOU should not reveal YOUR account information to anyone else or use anyone else’s account. YOU are solely and entirely responsible for all activities that occur on or through YOUR account, and YOU agree to immediately notify APEER of any unauthorized use of YOUR account or any other breach of security. APEER shall not be responsible for any losses arising out of the unauthorized use of YOUR account.

SECURITY. YOU understand that the Service includes a security framework using technology that protects digital information and content. YOU agree not to violate or attempt to violate this security framework or any of its components. YOU agree not to attempt to, or assist another person to, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with the security framework or any of its components. YOU shall not access or attempt to access the Service by any means other than through the Software. YOU shall not access or attempt to access an account that YOU are not authorized to access. YOU agree not to modify the Software in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of the Service’s security framework or network security may result in civil or criminal liability.

Last updated May 1, 2008.