Terms of Service
The following Terms of Service applies to you, your heirs, agents, successors and assigns (YOU or YOUR), and sets forth terms and conditions of YOUR use of applications and services offered by Domainer Inc., and the web site OPENAPPS.COM. YOU agree to be bound by all terms and conditions, and any third party terms of service or agreements connected hereto, even if you do not read or understand this or any related terms of service or agreement in its entirety. No other connected terms of service or agreement binds Domainer Inc. to perform the connected terms of service or agreement provisions, and Domainer Inc.'s obligations are limited strictly to the services and liabilities described herein.
Eligibility - the web site OPENAPPS.COM and all applications provided therein are restricted to persons at least 18 years old, and legitimate business entities officially registered in a sovereign jurisdiction.
Services - Domainer Inc. will, from time to time, provide through OPENAPPS.COM, various applications, including third party applications, for use on any web site owned or operated by YOU, as well as configuration instructions to allow YOU to properly point domains or sub-domains accessing said applications. These applications are intended to display data and information from a variety of third party services. YOU are responsible for adhering to any additional terms that may be promulgated by said third parties. The availability of any given application is not guaranteed, and support for that application may be terminated upon 30 (thirty) days notice from Domainer Inc., posted at OPENAPPS.COM.
Acceptable Use - YOU must at all times and continuously, through registration for YOUR account, provide a valid owner name and permanent e-mail address. YOU warrant YOU will not use Domainer Inc. services for any unlawful purpose, or purpose otherwise prohibited by this Terms of Service. Domainer Inc. reserves all rights to edit, delete, and refuse to post any prohibited use content.
Prohibited Use - prohibited use includes, but is not limited to:
- competitive analysis (including copying and/or providing screen shots or any other copyright material owned by Domainer Inc.; and data mining or scraping through robots, spiders, or otherwise);
- defamation, harassment, threats, or third party privacy violation;
- illegal contests, lotteries, pyramid schemes, multi-level marketing schemes, and chain letters;
- profanity, obscenity, adult or indecent content;
- infringement of third party intellectual property rights;
- viruses, cracks, hacks, malware, pop-up or embedded ads, or any program or script designed to disrupt normal computer operation;
- selling of non-regulated pharmaceuticals, natural medicines, firearms, munitions, tobacco, alcohol;
- selling of illegal, pirated, or stolen goods;
- interfering with other user's ability to use and enjoy Domainer Inc. services;
- transmit or disseminate unsolicited communications, mass or otherwise; and
- directly, or indirectly through an agent or accomplice, selling or distributing goods or services competing with or substituting for products or services sold or distributed by Domainer Inc.
Fake traffic - fake traffic is defined as visits to a site utilizing Domainer Inc. services and/or clicks on advertising banners or links displayed, which are produced by anyone besides a living individual with good-faith intent to inquire about subject matter displayed on a configured application by YOU. On reasonable suspicion YOU are sending fake traffic to or through any application, Domainer Inc. reserves all right, without prior notice and at Domainer Inc.'s sole discretion, to remove any or all of YOUR applications from the Domainer Inc. service, and/or suspend or delete YOUR account.
Revenue sharing - Domainer Inc. may participate in revenue generation of individual applications by inserting codes in rotation with those YOU provide. In such cases, Domainer Inc. will first advise YOU on that application's configuration screen. YOU have no claim on any revenue and or/damage resulting from those codes. Payment of revenue from that application is the responsibility of the third party offering such revenue sharing, and is subject to any agreement into which YOU may have entered into with that third party. Domainer Inc. does not maintain or track any data with respect to YOUR payments and revenue generated by use of that application.
Amendments - YOU agree that Domainer Inc. may amend this Terms of Service from time-to-time, and YOU agree to be bound by such amendment(s) for as long as YOU use, download, or subscribe to Domainer Inc.'s applications. All amendments will be published at OPENAPPS.COM. Any amendment(s) made take effect immediately as of the date of its (their) posting, and not as of the date YOU become aware of same. If YOU do not agree to be bound by any such amendment(s), Domainer Inc. reserves its right to cancel any or all services herein, without any compensation to YOU, and accordingly invoke the termination provision herein.
Disclaimer - Domainer Inc. does not guarantee success of any content and advertising links displayed on YOUR configured applications. Furthermore, Domainer Inc. does not guarantee any specific engagement rates, cost-per-click prices, cost-per-action prices, or cost-per-impression prices on its applications, which YOU recognize fluctuates, and depends upon market forces.
Limitation of liability
- Domainer Inc. is in not responsible for the content of any web site owned or operated by a third party that may be
linked to or from OPENAPPS.COM via hyperlink, whether such hyperlink is provided by Domainer Inc. or by a third
party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of content of any web
site to which OPENAPPS.COM may link, including information on OPENAPPS.COM. By providing access to other web Sites,
neither Domainer Inc. nor its affiliates are recommending purchase or sale of any stock issued by any company, nor
are they endorsing products or services offered by any web site's sponsoring organization.
YOU agree that use of Domainer Inc.'s services is at your sole risk and that services are provided on an "as is"
and "as available" basis. Domainer Inc. expressly disclaims all warranties of any kind, express or
implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose
and non-infringement. Domainer Inc. makes no warranty that its service will meet your requirements, be
uninterrupted, timely, secure, or error free. nor does Domainer Inc. make any warranty as to results that may be
obtained from the use of the services or as to the accuracy or reliability of any information obtained from Domainer
Inc. YOU understand and agree that YOUR use of any material and/or data downloaded from OPENAPPS.COM or any service
obtained through or provided by Domainer Inc. is at YOUR sole discretion and risk, and that YOU are solely
responsible for any damage resulting from any such download or use of such information or other related transaction.
No advice or information obtain from Domainer Inc., or through services provided by Domainer Inc. creates any
warranty not expressly stated therein. YOU agree that, except as prohibited by law, any claim or cause of action
arising out of or related to this Terms of Service, OPENAPPS.COM, or Domainer Inc.'s products or services, must be
commenced within 1 (one) year after the cause of action arose; otherwise, such cause of action is permanently
barred. In no event is Domainer Inc., its affiliates, subsidiaries, officers, directors, employees, or suppliers
liable for lost profit or any special, incidental, or consequential damages arising out of or in connection with
OPENAPPS.COM, its services, or this Terms of Service (however arising, including negligence). Domainer Inc., its
affiliates, subsidiaries, officers, directors, employees, and suppliers, are not liable for any damages to YOU
resulting from use of any applications provided by Domainer Inc. or third parties through Domainer Inc.
Refund Policy - refunds are limited to unused portions of any pre-paid applications only.
Fees and Prices - All Fees are charged in United States Dollars (USD). Fees charged for services delivered at OPENAPPS.COM are as stated on the web pages containing details about individual applications located at OPENAPPS.COM. Both Domainer Inc. and 3rd parties reserve the right to change prices by providing 60 days of notice to YOU. In lieu of Termination , as described below, Domainer Inc. reserves the right to negotiate additional fees with YOU should YOU or your implementation of an application on OPENAPPS.COM become an administrative burden to Domainer Inc.
Indemnity - YOU agree to indemnify and hold Domainer Inc. and (as applicable) Domainer Inc.'s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising out of YOUR use of OPENAPPS.COM or its services, YOUR breach of this Terms of Service or the documents it incorporates by reference, or YOUR violation of any law or the rights of a third party.
Intellectual Property - all content, database information, data and services available on, and collected as a whole through OPENAPPS.COM are property of Domainer Inc., its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Canada and other jurisdictions. All rights not expressly granted herein are fully reserved by Domainer Inc., its affiliates, advertisers, and licensors. Domainer Inc.'s licensors' or other third party materials, services or products referenced at OPENAPPS.COM are common law or registered trade marks or service marks of such parties. To enable Domainer Inc. to use YOUR Information without violating any rights YOU may have in such information, YOU agree to grant Domainer Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise copyright, publicity, and database rights YOU have in YOUR information, Web site, images, logos, and content, in any media type now known or not. Domainer Inc. uses YOUR Information in accordance with the Privacy provision herein.
Infringement - If YOU believe YOUR work has been copied and is accessible via OPENAPPS.COM or on another Domainer Inc. customer's web site in a way that infringes your copyright, notify Domainer Inc. at info@domainer.com, and provide the following information: YOUR name, email address, mailing address, phone number, a URL or path or other specific location where the allegedly infringing material is located, description of the allegedly infringed work including (if available) a URL or path or other specific location where the copyrighted work may be found for comparison, and YOUR relationship to the owner of the allegedly infringed work. All content of OPENAPPS.COM is: Copyright © 2009 Domainer Inc. and/or its suppliers. All rights reserved.
Termination - all services may be terminated by Domainer Inc. any time without notice and without compensation to YOU, where YOU breach the Acceptable Use provision herein, or otherwise take action to become an administrative burden to Domainer Inc. In all other instances, this agreement may be terminated on 30 (thirty) days notice by either of YOU or Domainer Inc. Domainer Inc. is not obligated to maintain or backup any data from any terminated account.
General - all services, agreements, and this Terms of Service, are governed under the laws of Ontario, Canada, without regard to choice of law rules. YOU hereby consent to the exclusive jurisdiction of, and venue in, courts located in Toronto, Ontario for all disputes arising out of or relating to YOUR account, and agreements with Domainer Inc. Use of all services from OPENAPPS.COM is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. YOU agree that no joint venture, partnership, employment, or agency relationship exists between YOU and Domainer Inc. as a result of any agreement YOU enter into with Domainer Inc., or YOUR use of OPENAPPS.COM for any purpose. Nothing in this Terms of Service derogates Domainer Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to YOUR use of OPENAPPS.COM or information provided to or gathered by Domainer Inc. with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and all other terms shall continue in effect. This Terms of Service supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between YOU and Domainer Inc. with respect to OPENAPPS.COM. Any failure of Domainer Inc. to exercise or enforce any right or provision of this Terms of Service does not constitute a waiver of such right or provision. YOU may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense YOUR rights hereunder to any third party. At any time, Domainer Inc. may, in its sole discretion and without providing notice or obtaining YOUR consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.