Terms of Service
The following terms of service ("TOS") constitute a binding legal agreement (the "Agreement") between You and AppGo (hereinafter referred to as "AppGo"/"we"/"us"), (which expression shall include its successors and assigns), setting forth the terms and conditions ("Terms") under which the AppGo application ("Application") and any related services (collectively "Services") will be licenced to You by AppGo.
By accessing, downloading, installing the Application, and using the Services, You represent to AppGo that You are competent to enter into a contract (i.e. You a major according to applicable law, of sound mind and not disqualified from entering into a contract under the applicable law) and You have read this Agreement, understand it and agree to be bound by its Terms. Please review the Agreement carefully before accessing, downloading and installation.
1.1 Subject to the Terms and compliance of the Terms hereof AppGo shall grant You a license to use the Services provided that (a) You shall use the Application solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the Application (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the Application, create derivative works of the Application of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the Application; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement.
1.2 For avoidance of any doubt this License is personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the Application on a mobile device that You own or control.
1.3 All rights not expressly granted are reserved.
2. Application Stores
3. Infringement Indemnity
3.1 Neither AppGo, nor its affiliates, subsidiaries nor the Licensors will have any liability for any claim based upon or arising out of (a) Intentional or negligent acts of anyone other than AppGo; (b) the combination, operation or use of the Application with any equipment, devices or software not supplied by AppGo; or (c) the alteration or modification of the Application.
3.2 To the full extent permitted by law, this section states the entire liability of AppGo, its affiliates, subsidiaries and the Licensors and your sole remedy with respect to any claim of infringement.
4. Limited Warranty
AppGo does not represent or warrant that the Application will operate without interruption or will be error free. Especially in the following cases:
(a) modification or alteration of the Applications made without the prior written approval of AppGo;
(b) accident, neglect, misuse or abuse, or
(c) exposure to conditions outside the range of the environmental, power and operating specifications provided by AppGo.
5. Disclaimer and Limitation of Liability
5.1 We could not guarantee the truth, accuracy or integrity of the information, content or advertising (collectively "information") obtained from AppGo. If any company or individual wants to use the information to take any action, he may bear the risks. We disclaim any direct, indirect, incidental or derivative losses or liabilities.
5.2 We only provide you an application which can transfer and share healthy and legitimate contents. Please do not use the Application to hurt anyone or engage in illegal activities. If your behavior causes any damages or infringes any third partys legitimate rights, you may solve yourself and bear corresponding liabilities of compensation.
5.3 AppGo will not assume any guarantee or warranty liabilities for any third-party software, services, or applications.
5.4 Except as expressly set forth in this TOS, neither AppGo, its affiliates, subsidiaries nor the Licensors make any other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. AppGo, its affiliates, subsidiaries and the Licensors expressly disclaim all warranties not stated in this TOS. Any implied warranties that may be imposed by law are limited to the terms contained in this TOS to the maximum extent permitted by law.
5.5 To the maximum extent permitted by applicable laws, under no circumstance shall AppGo, its affiliates, subsidiaries and the Licensors be liable to You or any third person for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup Your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Application, or following a failure, suspension or withdrawal of all or part of the Application at any time, any third party content, software or functions used in connection with the Application even if AppGo, its affiliates, subsidiaries and the Licensors have been advised of the possibility of such damages.
5.6 You agree to indemnify, defend and hold harmless AppGo, its subsidiaries, affiliates and Licensors and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorneys fees) of any kind arising out of: (a) Your access to or use of the Application and related services; (b) any breach by You of Your obligations under this Agreement; (c) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (d) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (e) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.
7.1 This Agreement commences on the date You accept the Terms of this Agreement. AppGo may terminate or suspend use of the Application at any time in its discretion, without notice to You. Upon any termination for any reason, AppGo shall have no liability to You and no further obligations under this Agreement.
7.2 Immediately upon termination, (a) the rights granted to You herein shall terminate; (b) You must cease all use of the Application and related services.
7.3 Your rights under this Agreement will terminate automatically if You fail to comply with any term(s) of this Agreement including misuse of the Application.
7.4 All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
8. Governing Law and Disputes
8.1 This Agreement shall in all respects be governed by and construed and enforced in accordance with the laws of China. You irrevocably consent to the exclusive jurisdiction of competent courts in Beijing, China for all disputes arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
8.2 For any dispute you have with AppGo, you agree to first contact us and attempt to resolve the dispute with us informally.
9. General Terms and Conditions
9.1 Entire Agreement
The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
AppGo may assign this TOS or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you.
9.4 Amendments to this Agreement
We may in our sole discretion amend this Agreement from time to time without any prior notice. This may include adding new or different terms to, or removing terms from, this Agreement. Such change shall be notified in the Applicaiton. Your use of the Application after such notice of any change shall be deemed to be an acceptance to the amended Agreement.
9.5 No Waiver
The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder.
9.6 Force Majeure
AppGo will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that AppGo will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors, including without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
If you are a user of our services in the United States of America, the below terms are incorporated into this TOS, and override this TOS to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Each of the parties hereto irrevocably waives any and all right to trial by jury or to participate in a class action in any legal proceeding arising out of or relating to these terms or the transactions contemplated hereby.
If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(a) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(b) In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
All Rights Reserved: AppGo Team, 京ICP备15000421号-2