AppAllStar - Free Apps Daily

APPALLSTAR'S TERMS OF USE STATEMENT

I. Agreement to Terms of Use
The following terms (the "Terms") apply to the site located at www.AppAllStar.com, and all AppAllStar associated sites (collectively, the "Site"). The Site is the property of W3i Mobile Solutions, LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

IF YOU USE OUR MOBILE APPLICATION ("APP") WE MAY CAPTURE YOUR IPOD, IPAD, OR IPHONE'S UNIQUE DEVICE IDENTIFIER ("UDID"). WE ONLY USE THIS INFORMATION TO VERIFY THAT YOU HAVE VIEWED THE FEATURED APP IN APPLE’S APP STORE.

AppAllStar reserves the right, in its sole discretion, to change these terms, at any time. It is your responsibility to check these terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

II. The Service
The Site allows you to view free applications ("Apps") daily that can be installed on a compatible mobile device.

If you encounter a problem please contact us via email at support@AppAllStar.com.

III. Tell a Friend Feature
You may refer other users to the Service to install Apps. If you use the Service's share feature you will be required to provide your Facebook, or Twitter credentials or your friend’s email address.

IV. Content
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the "look and feel" and arrangement of such Content, contained on the Site is owned, and controlled by AppAllStar, and is protected by copyright and other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, or distributed in any way to any other computer, server, website or other medium without AppAllStar's express prior written consent.

V. Your Use of the Site
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content. AppAllStar reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AppAllStar server, or to any of the services offered on or through the Site, by any illegitimate means.

You may not breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AppAllStar on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of AppAllStar or others.

You may not use derogatory, inflammatory, racist, or other offensive language in your comments on the website or in the mobile application We reserve the right to moderate, or delete any and all user comments.

VI. Other Terms and Conditions
AppAllStar may make changes to the Service and the Site, at any time, without notice. AppAllStar makes no commitment to update the materials on the Site with respect to such products and services.

You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. You further acknowledge that AppAllStar's privacy policy also governs and applies to your use of the Site, and is incorporated herein by this reference.

VII. Links to Other Sites
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under AppAllStar's control, and AppAllStar is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

VIII. Disclaimers
APPALLSTAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPALLSTAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. APPALLSTAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPALLSTAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APPALLSTAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

AppAllStar reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

IX. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL APPALLSTAR BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF APPALLSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms, AppAllStar is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, AppAllStar's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against AppAllStar (but not including the purchase price for any hardware or software products or any support program), or (2) US$10.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

X. Indemnity
You agree to indemnify and hold AppAllStar, its officers, directors, governors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against AppAllStar by any third party due to or arising out of or in connection with your use of the Site.

XI. Violation of These Terms of Use
AppAllStar may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) AppAllStar's rights or property, or the rights or property of visitors to or users of the Site. AppAllStar reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. AppAllStar also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that AppAllStar may preserve any transmittal or communication by you through the Site or Service, and may also disclose such data if required to do so by law or AppAllStar determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of AppAllStar, its employees, users of or visitors to the Site, and the public.

You agree that AppAllStar may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms. You also agree that any violation by you of these Terms is unlawful and an unfair business practice, and will cause irreparable harm to AppAllStar, for which monetary damages would be inadequate, and you consent to AppAllStar obtaining any injunctive or equitable relief appropriate in such circumstances. These remedies are in addition to any other remedies AppAllStar may have at law or in equity.

You agree that AppAllStar may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If AppAllStar does take any legal action against you as a result of your violation of these Terms, AppAllStar will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to AppAllStar.

XII. Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site and Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between AppAllStar and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

XIII. Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site may be available to all persons or in all geographic locations. AppAllStar reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so of your own initiative and you are solely responsible for complying with applicable local laws.

XIV. Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and AppAllStar with regard to your use of the Site and Service. AppAllStar's failure to insist on or enforce performance of these Terms shall not be construed as a waiver by AppAllStar of any provision or any right it has to enforce these Terms, nor shall any course of conduct between AppAllStar and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

XV. Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. AppAllStar shall be free to use such information on an unrestricted basis. If you want to provide feedback please contact us via email at support@AppAllStar.com.

The information contained in this web site is subject to change without notice.

XVI. Glossary
App(s) means software designed for and operational on Apple's iPhone®, iPad®, or iPod Touch® hardware.

Linked Sites means sites that we link to in connection with providing the Service including Apple Inc.'s application download websites.

Personally Identifiable Information (PII) means any information that identifies or could be used to identify, contact or locate you.

Service means that which is offered on our website and allows you to download Apps.

User, You, and Your means an individual who has accessed our website or used our Service.

We and Our refers to W3i Mobile Solutions, LLC d/b/a AppAllStar.