APPS RUN THE WORLD RESEARCH INC. TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Welcome to appsruntheworld.com (“Service”), an online service of APPS RUN THE WORLD RESEARCH INC., Inc. (“ARTW”). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement, APPS RUN THE WORLD RESEARCH INC. grants to you a terminable at will non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. Each monthly subscription and/or membership access to ARTW’s website and its premium content is limited to a single designated user. You may not transfer, assign, share, sub-license, lend, or re-sell the rights granted under this license. Failure to comply will result in termination of your access privileges, fees for excessive usage, and other measures including penalties and back charges.
You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify ARTW and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.
APPS RUN THE WORLD RESEARCH INC. reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. APPS RUN THE WORLD RESEARCH INC. also reserves the right to edit or modify any submissions in response to requests for feedback, or other commentary. Notwithstanding the foregoing, APPS RUN THE WORLD RESEARCH INC. is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
We do not report usage or user information to any third party (except in connection with third party commissioned research and in such case, you expressly consent to the disclosure of such information).
Your subscription entails receiving communications from Apps Run The World and its affiliates pertaining to our ongoing research on enterprise applications products, services and channels.
As a result, any user that does not want to be part of our supply-side and/or demand-generation research services can choose to opt-out.
Copyright and Trademarks
The Service is the personal property of ARTW. ARTW retains the right to bar any individual or entity from the Service. ARTW can terminate the right of any individual, entity, subscriber, member to access the site at any time without prior notification. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by APPS RUN THE WORLD RESEARCH INC. or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above.
Additionally, fair-use and fair-access to our premium content will be strictly enforced and any member that has been found abusing our terms of services will be banned and their membership privileges revoked. Early termination fees including retroactive penalties may apply.
It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
Our legal team will persecute to the full extent of the law anyone anywhere around the world for reproducing our copyrighted content without prior authorization.
Appsruntheworld.com its respective logos are trademarks of APPS RUN THE WORLD RESEARCH INC. All other trademarks on the Service are the property of their respective holders.
Exclusions of Warranty and Liability
the service and any executable programs and other materials provided through the service are provided ‘as is’ and without warranty of any kind, and all express or implied warranties are hereby excluded, including, without limitation, the warranties of merchantability and fitness for a particular purpose. artw does not warrant that the service or any materials obtained through the service are virus-free. if you download executable programs from the service, the entire risk as to the results and performance of such programs is assumed by you. artw is not responsible for the accuracy of or errors or omissions in any such programs, and artw does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected. artw does not warrant that the content of its sites will be error free. artw will not be liable for any direct, indirect, special, incidental, or consequential damages (including, without limitation, damages resulting from lost profits or revenue; loss of use of or reliance on the service, information provided or of any executable programs; loss of use of data or equipment; or other similar damages) arising out of the use or inability to use the service or any executable program obtained through the service, even if artw has been advised of the likelihood of such damages. in no event shall artw’s total liability to you for all damages, losses and causes of action (whether in contract, tort, or otherwise) relating to the service exceed $100. some states do not allow exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
ARTW reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Any failure by ARTW to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Disaster Recovery Plan
ARTW does not offer Disaster Recovery with defined Recovery-Point Objectives (RPO) and Recovery-Time Objectives (RTO). Rather, ARTW periodically makes backups of production data for ARTW’s sole use to limit data loss and service downtime in the event of a disaster.
In the event of a declared disaster, ARTW will activate processes to recover the production environment of the ARTW Cloud Service in an alternative Data Center location.
Although ARTW will work to recover the service promptly, the nature of the disaster may affect the time period within which the service can be recovered; however, ARTW will work to restore production data from the most recent available backup made prior to the onset of the disaster.
ARTW warrants that its services shall be performed consistent with generally accepted industry standards by its personnel qualified to perform the same and will be of a quality conforming to standards generally accepted by professionals in the field.
ARTW warrants that in the course of performing the services hereunder, neither it nor ARTW’s Personnel, affiliates, directors, associates, or any third party to whom ARTW has shared any proprietary rights for the purpose of this Agreement, will violate or infringe any proprietary rights of a third party, including, without limitations, confidential relationships, trade secret, patent, trademark or copyright rights.
Service Level Agreement
1. Vendor will be responsible for product data research on accounts for our clients.
2. Our SLA stipulates 99.9% accuracy on all data that we provide to our clients. That means no more than 1 mistake for every 1,000 data points that we are going to be sending to our clients for all deliverables, which are backed by such money-back guarantees.
3. Customers have the option of receiving credit or full refund for each mistake made. Also, customers can choose to have additional profiles and contacts to make up for any mistake. For example, if ARTW makes 10 mistakes in every 1,000 data points priced at a value of $1,000, customers can choose to receive $9 in refund or $9 in value as credit toward replacements, future purchases, or any research service in return.
4. Similarly, the SLA for all of our clients is published on our website with the following link to ensure full disclosure and transparency.
Subscription, Consulting, Statement of Work Terms and Conditions
All sales are final. Our paid subscribers under annual or monthly plans can cancel anytime they want. However, their subscription automatically ends after named subscriber cancels the subscription. No refunds will be given for unused subscription time.
Any consulting, custom data cuts and/or similar projects being performed under the SOW, may be terminated immediately by either party upon written notice for the following reasons:
a. if the other party breaches any of the material provisions of the SOW or this Agreement, and (i) the breach is not capable of being cured, or (ii) the other party fails to cure such breach within thirty (30) days after receiving written notice from the non-breaching party requiring the breach to be cured;
b. if the other party (i) ceases, or threatens to cease, to carry on business as a going concern, (ii) becomes or may become the object of a voluntary or involuntary proceedings in bankruptcy or liquidation, (iii) a receiver or similar officer is appointed with respect to all or a substantial part of its assets, or (iv) has an event occur similar to any of the foregoing under applicable law; or
c. if, except as provided in Section 15 (Assignment) below, either party assigns (by operation of law or otherwise, including merger) or transfers any of the rights or responsibilities granted under the SOW, without the prior written consent of the other party, or in the event of a sale of all or substantially all of such party’s assets, or transfer of a controlling interest in such party to an unaffiliated third party. Notwithstanding the foregoing: (i) Vendor reserves the right to subcontract the performance of the Services, either in whole or in part, to any Affiliate or third party, and
(ii) Vendor may assign the SOW, or all or any portion of its rights and obligations in the SOW and Agreement, to any Affiliate of ARTW.
d. If Customer has not paid the Vendor the Services fees when due and ARTW has not received payment within thirty (30) days after notice from ARTW of such past due payment, ARTW may withhold the provision of Services until all amounts past due are paid in full, and/or immediately terminate the SOW.
e. Upon termination of the SOW, Customer shall pay vendor for all work ARTW has performed up to the effective date of termination at the agreed upon prices, fees and expense reimbursement rates. costs, judgments, expenses (including reasonable attorney fees) which it incurs.
In the event you breach the terms of this license, or if, any claims are made against ARTW (its employees, officers or directors resulting from your actions) you shall be liable to ARTW for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, as applied to contracts entered into and performed within California. You agree to grant jurisdiction over yourself to the courts of California and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.