App Terms of Service | Riverside Marketing Agency in Victoria, Tx

App Terms of Service

Please read this Terms of User (“AGREEMENT”) carefully before using the Services offered by Riverside Marketing, LLC. By submitting information or payments, you agree to follow and become bound by the Terms and Conditions of this agreement and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. If you DO NOT AGREE to all the terms and conditions of this agreement, DO NOT PAY OR ACTIVATE AN ACCOUNT and you will not have any right to use the Services offered by Riverside Marketing, Acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; If these term and conditions are considered an offer by Riverside Marketing, Acceptance is expressly limited to these terms.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT.

It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable or if you do not agree to these terms of use, please do not use this site or its web services. The mobile account access is on a month to month base unless you choose to pay annually. We may revise these Terms and Conditions at any time without notice to you. If you have any questions about these Terms and Conditions, please contact us at info@riversidemarketing.co.

Riverside Marketing provides an online service for mobile application development (iPad, iPhone, Mobile Website & Android). Where the “User” can develop and manage services such as mobile applications for their “Business or Clients.” , a web service provided by Riverside Marketing and all linked pages unless indicated otherwise (“Site”), are owned and operated by Riverside Marketing and are accessed by you (developer) under the following terms and conditions:

ACCESS TO THE SERVICES

Riverside Marketing, may change, suspend or discontinue the Services (or User’s access thereto) at any time, including the availability of any feature, mobile applications, mobile application templates, services, or content, without notice or liability. Riverside Marketing, reserves the right, at its discretion, to refuse to allow access to the services to any user at any time. Riverside Marketing, also reserves the right, at its discretion, to modify this Terms and Conditions Agreement at any time.

RESTRICTIONS

User (whether a Seller or developer or otherwise) warrants, represents and agrees that it will not contribute, submit or make available through the services, or use the services in connection with, any content, application or application template that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Riverside Marketing, reserves the right to remove any Content, Application or Application template from the Site at any time, or to terminate User’s right to use the Services or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Riverside Marketing, is concerned that User may have breached the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph 13 (“Termination”). User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Riverside Marketing, User. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity.

IMPLEMENTATION

Users hereby grants Riverside Marketing the right to implement Riverside Marketing's Loading-screens and a maximum of two affiliate programs within the user’s app.

COMMUNICATIONS SOLELY WITH RIVERSIDE MARKETING

User agrees to direct to Riverside Marketing and not to any Seller or developer, as the case may be, all communications regarding any matter arising out of User’s use of the Services. Without limiting the foregoing, User shall not initiate any communication of any kind that encourages, solicits, induces, diverts, entices or otherwise takes away from Riverside Marketing the business or patronage of any Seller or developer of Riverside Marketing.

FEES AND SERVICES

• Monthly account fee – is charged for accessing our software features, hosting and the ability to develop and manage a business mobile app (Android, iPhone and iPad) using our applications platform. This fee is charged month to month and can be canceled 30-days prior the user’s next billing cycle. Cancellation can be sent via email.

• App Reactivation Fee – $50 is charge when account access fee is 30 days past due date. The app account access is denied and the fee must be paid with current fees before the account can be reactivated.

• App Store Description, Store Graphics, & Updates – The app store description and icon are not included in the price for development. However, Riverside Marketing will develop both free of charge and submit if no assets are delivered at the time of submission. It is the buyer responsibility to develop and submit these items once a notice to publish has been issued to them. A $150 (or more if it applies) charge will be assessed for resubmitting any “APP STORE” information or updating the app software and design once the app approval has been issued. Note: $100 is charged to certified non-profit organization for app republish.

CONTENT

All materials displayed or performed on or accessible through our Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, application templates, applications also known as the “Content”) are protected by copyright. The term “Content” as used herein specifically includes any application or other content made available or submitted by any seller. User shall abide by all copyright notices, information, and restrictions contained in any content accessed in connection with the Services.

User acknowledges and agrees that if User uses any of the Services to contribute or make available application or content, Riverside Marketing is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by Riverside Marketing, and agrees not to assert any Moral Rights with respect thereto.

DISCLAIMERS

User acknowledges and agrees that Riverside Marketing, has no special relationship with or fiduciary duty to User and that Riverside Marketing, has no control over, and no duty to take any action regarding: which Users gains access to the Site or Services; what Content User accesses or receives via the Site or Services; what Content other Users may make available, publish or promote in connection with the Services; what effects any content may have on User or its Users or customers; how User or its Users or customers may interpret, view or use the content; what actions User or its Users or customers may take as a result of having been exposed to the content, or whether content is being displayed properly in connection with the Services.

Further, (i) if User is a developer, User specifically acknowledges and agrees that Riverside Marketing, has no control over (and is merely a passive conduit with respect to) any Content that may be submitted by any Buyer, and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User, and (ii) if User is an Buyer, User specifically acknowledges and agrees that Riverside Marketing, has no control over any Content that may be available by any Seller (or otherwise), and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User.

User releases Riverside Marketing, from all liability in any way relating to User’s acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site or Service may contain, or direct User to Sites or mobile applications containing, information that some people may find offensive or inappropriate. Riverside Marketing makes no representations concerning any Content contained in or accessed through the Site or Services, and Riverside Marketing, will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.

APP PUBLISHING

Riverside Marketing cannot guarantee that the third party application store (such as Apple’s iTunes App Store) will accept the application for any reason or no reason at all. “Riverside Marketing” invest many hours setting up and developing the application. No refunds are granted. However, Riverside Marketing will continue to revise the app and resubmit.

RIVERSIDE HAS NO LIABILITY OVER THE “USER” OR THE “DEVELOPER”

Riverside Marketing will charge the “User/Developer” on a monthly basis according to the subscription contract. If the Developer cancels the subscription contract before a 30-days notice is given, we will notify the Developer once and suspend the application from the App stores or stop the application from working by any other means without violating the App Store Terms of Use. Users cannot do business or solicit business outside of Riverside Marketing, for the same or similar business or content.

THE SERVICES APPLICATIONS, TEMPLATES, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RIVERSIDE DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY MOBILE APPLICATION, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): RIVERSIDE, MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE, APPLICATIONS OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES. Riverside Marketing, will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted over networks accessed by the Site, APPLICATION or otherwise connected with User’s use of the Site or Services.

REGISTRATION AND SECURITY

As a condition to using Services, User will be required to register with Riverside Marketing, and select a password and enter User’s email address (“Riverside Marketing, User ID”). User shall provide Riverside Marketing, with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Riverside Marketing, User ID a name of another person with the intent to impersonate that person; (ii) use as a Riverside Marketing, User ID a name subject to any rights of a person other than User without appropriate authorization. Riverside Marketing, reserves the right to refuse registration of, or cancel a Riverside Marketing, User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Riverside Marketing, password.

EQUIPMENT AND ANCILLARY SERVICES

User shall be responsible for obtaining and maintaining any equipment or ancillary Services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other communication device connection Services. User shall be responsible for ensuring that such equipment or ancillary Services are compatible with the Site and any Services and User shall be responsible for all charges incurred in connection with all such equipment and ancillary Services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.

INDEMNITY

User will indemnify and hold Riverside Marketing, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY. IN NO EVENT SHALL RIVERSIDE, BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR APPLICATIONS (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

OTHER POLICIES

In the course of using the Site or Services, User may be asked to provide certain personally identifiable information to Riverside Marketing (such information referred to hereinafter as “User Information”). Riverside Marketing’s information collection and use policies with respect to such User Information are set forth in the Site’s Privacy Policy which is incorporated herein by reference for all purposes. User acknowledges and agrees that User is solely responsible for the accuracy and content of its User Information. Riverside Marketing, cannot and does not guarantee the security of any of the User Information that a User transmits online.

• If Apple will require Riverside Marketing, to update the Application for any reason, Riverside Marketing, may charge “Buyer” for the Service of updating the App.

• Riverside Marketing Business may add: RIVERSIDE APP DESIGNERS, Tab/Screen/Page including buttons calling for actions, text, Loading screen and any other marketing items for free and/or in paid applications.

TERMINATION

Riverside Marketing may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid here-under are non-refundable and non-cancel-able. Upon termination of the User’s account, User’s right to use the Services will immediately cease and User will remove all Riverside Marketing, Applications from App Store. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

REPRESENTATIONS AND WARRANTIES

If User is a seller, User represents and warrants to Riverside Marketing, that (i) User is the owner of each Mobile Application User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Mobile Application for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User here-under. User further represents and warrants to Riverside Marketing, that each of User’s Mobile Applications and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content. If User is an buyer, User represents and warrants to Riverside Marketing, that (i) User is the owner of each Services User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Services for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User here-under. User further represents and warrants to Riverside Marketing, that each of User’s Services and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content and (d) are free from viruses and any other contaminants of any nature whatsoever.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here-under. Riverside Marketing shall not be liable for any failure to perform its obligations here-under where such failure results from any cause beyond Riverside Marketing’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensing by User except with Riverside Marketing prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Riverside Marketing, in any respect whatsoever. Please read this Terms of User (“AGREEMENT”) carefully before using the Service offered by Riverside Marketing. By reading this, you agree to follow and become bound by the Terms and Conditions of this agreement and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. If you DO NOT AGREE to all the terms and conditions of this agreement, DO NOT SIGNUP FOR AN ACCOUNT and you will not have any right to use the Services offered by Riverside Marketing, Acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; If these term and conditions are considered an offer by Riverside Marketing, Acceptance is expressly limited to these terms.