Welcome, and thank you for your interest in appSmitten Inc. (“appSmitten”, ” us”, or ” we”), and our web site located at www.appSmitten.com (the “appSmitten Site”). We are pleased to offer you access to the appSmitten Site, and any of our other web sites, networks, email subscriptions, embeddable widgets, downloadable software, mobile software applications (each an “App”), features, or services operated by appSmitten (the “appSmitten Service”) conditioned on your acceptance without modification of the following Terms of Use (the “Terms”).

1. Acceptance of the Terms. Please carefully read the following terms and conditions of use and all other rules and guidelines that we may communicate to you from time to time through the appSmitten Service, including the additional policies identified in Section 5, below (collectively, the “Terms”), as these terms create a binding legal contract between you and appSmitten. By subscribing to emails, or accessing or downloading the sites or emails, or availing yourself of the appSmitten Service in any manner, you (“you”, or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you should immediately terminate your use of the appSmitten Service.

2. Eligibility; appSmitten Service Access.
THE APPSMITTEN SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE APPSMITTEN SERVICE. BY USING THE APPSMITTEN SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE APPSMITTEN SERVICE.
Subject to your compliance with these Terms, appSmitten grants you permission to access and use the appSmitten Service solely for your personal use. You are responsible for obtaining access to the appSmitten Service, and that access may involve third party fees or services (such as Internet service provider charges and mobile charges such as for SMS, MMS, roaming, voice, data, and other applicable fees charged by your mobile operator). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the appSmitten Service.

3. Registration.
In order to access some features of the appSmitten Service, you will have to create an account or provide us with the information we request. We may include features enabling you to create your account or access certain features of the appSmitten Service by using your user name and password from third-party websites such as Facebook, Twitter, Google+, or other third party sites (each a “Social Networking Site”), and authorizing appSmitten to access your Social Networking Site account profile. You hereby represent and warrant that the information you provide to appSmitten upon registration (including information provided through your Social Networking Site profile, as applicable), and at all other times, will be true, accurate, current, and complete, including your real name. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. Whether you create a new password as a part of registration for the appSmitten Service, or use your Social Networking Site credentials, you should keep your password confidential, as you will be responsible for all activities that occur under your password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge, consent and agree that appSmitten may access, preserve and disclose your account information and User Submissions (as defined below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Submissions violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, business interests, property or personal safety of appSmitten, its users and the public. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.

4. Authorized Agent.
By using the appSmitten Service, you are appointing appSmitten to be your agent and authorizing appSmitten to store access credentials for Social Networking Sites that you may provide to appSmitten, and to act on your behalf to access and interact with such Social Networking Sites (using stored access credentials, where applicable) for purposes of retrieving account and profile information necessary for operating the appSmitten Service, and for posting materials to such sites upon your request.

5. Privacy and other Policies.
a) Privacy Policy. Your privacy is important to us. Our Privacy Policy, which describes how we collect, use, and disclose information from you, is hereby incorporated by reference into the Terms, and is available at http://www.appsmitten.com/privacy-policy/
b) Guidelines. When using the appSmitten Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.

6. Software. appSmitten may supply certain software, plugins, or toolbars that you can download and install on your computer or device to enable you to access features of the appSmitten Service without browsing to the appSmitten Site. Such plugins, toolbars, appSmitten Apps, and other downloadable software made available to you by appSmitten other than any third party Apps are expressly a part of the appSmitten Service, and their use is governed by these Terms including any applicable associated Guidelines. You may not modify, reverse engineer, decompile, or otherwise attempt to access or derive the source code to any toolbar, plugin, Apps, or other software component made available to you by appSmitten in object code form, except as authorized by applicable law or as expressly provided in separate terms governing the use of such component.

7. Prohibited Conduct –YOU PROMISE NOT TO:
a) Upload, post, or make available copyrighted or confidential material you do not own or have the legal right to distribute, display and share with others, such as photos, music, TV shows, or movies;
b) Access or attempt to access content or features of the appSmitten Service for which you have not registered and/or been permitted access;
c) Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the appSmitten Service, or any of the permissions granted herein;
d) Use the appSmitten Service on behalf or for the benefit of any third party.
e) Upload or send to any other person pornographic, threatening, embarrassing, harassing, degrading, intimidating, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
f) Upload or send to any other person any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, national origin, age, or disability
g) Impersonate another person or entity, or access another user’s account without that user’s permission;
h) Share appSmitten passwords with any third party or encourage any other user to do so;
i) Misrepresent the source, identity, or content of information transmitted via the appSmitten Service; or
j) Use the appSmitten Service for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing.
k) Access any information, reviews, communications, offers, and other content provided by or about the appSmitten Service that are intended for a specific age group where you are below the required age. You will not access or use, attempt to access or use, or encourage any other user to access or use any such information, software, offers, etc. where you or any other user is below the legal age for such products or services.
l) Use the appSmitten Service to copy, extract, summarize, distribute or otherwise use the appSmitten Service and all information provided through the appSmitten Service, including any portion thereof, in any manner which competes with or substitutes for the appSmitten Service.
m) Access the appSmitten Service from territories where its contents are illegal. The appSmitten Service is designed for customers in the United States. Those who choose to access the appSmitten Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
n) Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted to or through the appSmitten Service.
o) Use the appSmitten Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the appSmitten Service. You may not attempt to gain unauthorized access to the appSmitten Service, or any part of it, other accounts, computer systems or networks connected to the appSmitten Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the appSmitten Service or any activities conducted on the appSmitten Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the appSmitten Service. You may not modify the appSmitten Service in any manner or form, nor use modified versions of the appSmitten Service.
p) Use any robot, spider, scraper, or other automated means to access the appSmitten Service for any purpose without our express written permission, or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the appSmitten Service. The appSmitten Service may contain robot exclusion files.

8. User Submissions
a) General. The appSmitten Service may provide certain features which enable you to directly and indirectly post content, including text, images, audiovisual and other types of works (such as by creating a profile, posting messages, or commenting on other users’ posts) (a “User Submission”), and provides for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by appSmitten. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not appSmitten, are entirely responsible for all User Submissions that you make available through the appSmitten Service.
b) No Obligation to Publish. appSmitten makes no representations that it will publish or make available on the appSmitten Service any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the appSmitten Service, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, appSmitten complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see “Digital Millennium Copyright Act Compliance” below).
c) License Grant by You to appSmitten. By submitting User Submissions to appSmitten, you hereby grant appSmitten and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, copy, reproduce, distribute, transmit, publicly display, modify, and publicly perform your User Submissions and adaptations thereof, and to collect, combine, aggregate, and analyze, data related thereto, in connection with the operation and promotion of the appSmitten Service, in any medium now known or hereafter developed. You understand and acknowledge that the foregoing license is perpetual and appSmitten may not delete User Submission information provided by you or others simply because you have requested it. In many cases the social features and archival practice of the appSmitten Service will make such deletions impractical.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize appSmitten to use your User Submissions in the manner contemplated by these Terms, and to grant the rights and license set forth above, and ii) our use of such User Submissions, and our exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

9. Modification of the Terms.
From time to time, appSmitten may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the appSmitten Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the appSmitten Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the appSmitten Service, except that (i) disputes between you and appSmitten will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the appSmitten Service. Your continued use of the appSmitten Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.

10. Feedback.
You may provide appSmitten with information and feedback regarding the features and performance of the appSmitten Service, including reports of failures, errors, or other malfunctions you encounter in the appSmitten Service along with any associated error messages (the “Feedback”). Feedback provided to appSmitten may be used by appSmitten to improve the appSmitten Service, and accordingly, you hereby grant appSmitten a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

11. Ownership; Proprietary Rights.
The appSmitten Service is owned and operated by appSmitten Inc. The visual interfaces, graphics, design, compilation, information, computer code, emails, products, software (including any downloadable software), services, and all other elements of the appSmitten Service provided by appSmitten (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to appSmitten or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to appSmitten or its affiliates and/or third party licensors. Except as expressly authorized by appSmitten, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

12. Third Party Sites, Products and Services; Links.
The appSmitten Service may provide information about appSmitten and third party Apps and also include links to other web sites or services, including those of App developers, users, and advertisers, solely as a convenience to users (“Linked Sites”). appSmitten does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, appSmitten makes no express or implied warranties with regard to the information, material, products, Apps, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, APPS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
You may have access to reviews, information, offers, and other materials posted about Apps by appSmitten or third parties. Without limiting the generality of anything stated above regarding Linked Sites, information posted by or about Apps or any other product or service may be inaccurate, incomplete, out of date, or contain errors in the descriptions of the Apps and its features, stability, and suitability (“Errors”). appSmitten does not endorse Apps, and appSmitten disclaims all responsibility and liability for any Errors, or the failure or negative consequences resulting from accessing, downloading, or using a particular App. Furthermore, appSmitten makes no express or implied warranties with regard to the Apps mentioned, reviewed, advertised, or accessible on or through the appSmitten Service. Your correspondence or business or other dealings with advertisers or other third party service providers, including App merchants, publishers, and developers, encountered on or through the appSmitten Service is solely between you and such third party, and you acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the appSmitten Service, including any reviews, is at your sole risk. Prior to purchasing any third-party products or services described on the appSmitten Service, you are advised to verify pricing and other information. Neither appSmitten nor its affiliates shall have any liability arising from your purchase or use of third-party goods and services (including Apps) based upon the information provided on the appSmitten Service.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT APPSMITTEN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY ERRORS, OR FROM ACCESSING, PURCHASING, DOWNLOADING, OR USING ANY APPS, ADVERTISMENTS, LINKED SITES, OR ANY THIRD PARTY INFORMATION AVAILABLE ON OR THROUGH THE APPSMITTEN SERVICE.

13. Notice.
Except as explicitly stated otherwise, legal notices will be served on appSmitten at PO Box 475028, San Francisco, California 94147. Legal notices will be served on you at either the email or physical address you provide to appSmitten during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.

14. Termination.
a) By appSmitten. You agree that appSmitten, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with appSmitten or use of the appSmitten Service and remove and discard all or any part of your account or any User Submission, at any time. appSmitten may also in its sole discretion and at any time discontinue providing access to the appSmitten Service, or any part thereof, with or without notice. You agree that any termination of your access to the appSmitten Service or any account you may have or portion thereof may be affected without prior notice, and you agree that appSmitten will not be liable to you or any third party for any such termination. appSmitten does not permit copyright infringing activities on the appSmitten Service and reserves the right to terminate access to the appSmitten Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the appSmitten Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies appSmitten may have at law or in equity.
b) By You. You may terminate your account, these Terms and your right to use the appSmitten Service at any time and for any reason or no reason, by contacting appSmitten customer support at support@appSmitten.com, and immediately discontinuing all use of the appSmitten Service, including discontinuing use of and deleting copies of any and all embedded widgets, plugins, Apps, or other software components.
c) Survival. Sections 5, 8, and 10 through 19 will survive any termination of these Terms.

15. Disclaimers; No Warranties.
THE APPSMITTEN SERVICE MAY CONTAIN CONTENT INCLUDING REVIEWS, COMMENTS, ADVICE, AND OTHER INFORMATION PROVIDED BY THIRD PARTIES INCLUDING OTHER USERS OF THE APPSMITTEN SERVICE, AND APPSMITTEN MAY NOT MONITOR, MODERATE, EDIT, CONFIRM, VET, VERIFY, OR OTHERWISE ENSURE THAT SUCH INFORMATION IS COMPLETE, ACCURATE, UP TO DATE, OR OTHERWISE SAFE TO USE OR RELY ON.
THE APPSMITTEN SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, THE APPSMITTEN APPS, ANY DATA, CONTENT, ANALYTICS, FEATURES, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY APPSMITTEN), USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, APPS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPSMITTEN SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APPSMITTEN AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APPSMITTEN AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT ANY APPS FEATURED, ADVERTISED, OR OTHERWISE MENTIONED ON THE APPSMITTEN SERVICE ALONG WITH THE APPSMITTEN SERVICE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ANY USER SUBMISSIONS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE APPSMITTEN SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE APPSMITTEN SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT USE OF ANY APPS FEATURED, ADVERTISED, OR OTHERWISE MENTIONED ON THE APPSMITTEN SERVICE, INCLUDING OVERUSE, IMPROPER USE, USE WHILE DRIVING OR OPERATING OTHER MACHINERY OR ENGAGING IN OTHER ACTIVITIES, OR FAILURE TO BE AWARE OF YOUR SURROUNDINGS OR KEEP A FIRM GRIP ON ANY HANDHELD DEVICE YOU USE TO ACCEESS THE APPS, COULD RESULT IN HARM OR INJURY TO YOURSELF OR OTHERS AND DAMAGE TO SUCH DEVICE, OR TO OTHER PROPERTY, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH HARM, INJURY, OR DAMAGE.
APPSMITTEN MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY OFFER OR CONTEST OFFERED ON OR IN CONNECTION WITH THE APPSMITTEN SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH APPSMITTEN HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

16. Limitation of Liability and Damages.
IN NO EVENT WILL APPSMITTEN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE APPSMITTEN SERVICE OR ITS CONTENT, INCLUDING USER SUBMISSIONS, OR ANY OTHER LINKED WEB SITE, APPLICATION, OR OTHER SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF APPSMITTEN OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL APPSMITTEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARENTS, AFFILIATES, AND ITS SUCCESSORS AND ASSIGNS TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPSMITTEN SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO APPSMITTEN FOR ACCESSING THE APPSMITTEN SERVICE DURING THE TWO MONTHS PRECEDING THE EVENTS GIVING RISE TO YOUR CLAIM. YOU WILL NOT COMMENCE ANY ACTION, SUIT OR PROCEEDING AGAINST APPSMITTEN MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY INTERACTION WITH, OR PRODUCTS OR SERVICES SOLD OR PROVIDED BY, OR INFORMATION POSTED OR PROVIDED BY, THIRD PARTIES OTHER THAN APPSMITTEN, EVEN IF ADVERTISED ON THE APPSMITTEN SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE APPSMITTEN SERVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND APPSMITTEN, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND APPSMITTEN, APPSMITTEN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT APPSMITTEN WOULD NOT BE ABLE TO OFFER THE APPSMITTEN SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

17. Indemnification/Release.
You agree to indemnify, defend, and hold appSmitten, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to any products or services advertised, listed, or purchased by you in connection with the appSmitten Service, your use or misuse of the appSmitten Service, your violation of these Terms or any law, or any breach of the representations, warranties, and covenants made by you in these Terms. appSmitten reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify appSmitten, and you agree to cooperate with our defense of these claims. appSmitten will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You are solely responsible for you interactions with advertisers, third party Apps, third party App developers, publishers, and merchants, and other users of the appSmitten Service. To the extent permitted under applicable law, you hereby release appSmitten from any and all claims or liability related to any advertiser, any third party App mentioned on or accessible through the appSmitten Service, any action or inaction by a third party App developer, merchant, publisher, or advertiser, including a developer, merchant, publisher, or advertiser’s failure to comply with applicable law and/or failure to abide by or honor the terms of any offers, and any conduct or speech, whether online or offline, of any other user.

18. Digital Millennium Copyright Act Compliance.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the appSmitten Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the appSmitten Service are covered by a single notification, a representative list of such works at the appSmitten Service;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit appSmitten to locate the material;
(iv) Information reasonably sufficient to permit appSmitten to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The appSmitten Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at appSmitten, PO Box 475028, San Francisco, California 94147, or by email at copyright@appSmitten.com. For clarity, only DMCA notices should go to the appSmitten Designated Copyright Agent. Any other feedback, comments, requests for technical support, reports of user abuse, or other communications should be directed to appSmitten customer service through support@appSmitten.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

19. Miscellaneous.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of appSmitten. appSmitten may freely assign or transfer these Terms. Without limiting the foregoing, appSmitten Inc. may change its name without consent or notice. appSmitten and you are independent contractors, and, except for the limited case described in Section 4, neither appSmitten nor you are an agent, representative or partner of the other. appSmitten may work with third parties to fulfill any obligations in these Terms or to support the appSmitten Service. Any dispute hereunder will be negotiated in good faith between the parties within ten (10) business days commencing upon written notice from one party to the other, failing which either party may exercise any remedies which it may have at law or in equity.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state or federal courts in and for the City of San Francisco, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in these Terms is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of these Terms will remain in full force and effect. Headings are provided for convenience but do not constitute part of these Terms.
The services hereunder are offered by:
appSmitten Inc.
PO Box 475028
San Francisco, California 94147

info@appSmitten.com
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.