Terms of Service

Imobile Applications Ltd (Imobile) provides a platform to enable you to develop and manage mobile applications (each an "Application") as well as related hosting and support services ("Service"). By using the www.appking.com web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Imobile reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: the Site. Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below.

Account Terms

  1. You must be 13 years or older to use this Service and open an account ("Account").

  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

  3. You are responsible for maintaining the security of your Account and password. Imobile will not be liable for any loss or damage from your failure to comply with this security obligation.

  4. You may not use your own Account to publish an Application with any other mobile platform provider ("Provider"), for example iTunes or Android Market. Imobile will be the sole publisher of your Applications.

  5. You are responsible for all text, data, graphics, images, photos and video files posted on the Site ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your account).

  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).

  7. You must abide by each of the app Stores Rules and Regulations ie. iTunes store and Android Store.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to Cancelations@appking.com Cancellations by phone or sent to any other email address will not be considered valid.

  2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.

  3. Imobile, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Imobile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

  4. Imobile reserves the right to refuse service to anyone for any reason at any time in any jurisdiction

Modifications to the Service and Prices

  1. Imobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.

  3. Imobile shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  4. From time to time, Imobile may issue an update to the AppKing Site, platform and application which may add, modify, and/or remove features from the Application. These updates may be pushed out automatically with little or no notice, although Imobile will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

Copyright and Content Ownership

  1. Imobile claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Application, you agree to allow others to view and share your Content.

  1. Imobile does not pre-screen Content, but Imobile and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

  1. The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the Ireland and foreign countries. Imobile exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from Imobile.

  1. You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Application.

Privacy

  1. You and your Application must abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the applicable Provider.

PRIVACY POLICY

  1. Imobile collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.

  2. When ordering or registering on our site, as appropriate, you will be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.

  3. Imobile use your information in the following ways:

• To personalize your experience,(your information helps us to better respond to your individual needs), to improve the Site and the experience, to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs),to process transactions, to administer a contest, promotion, survey or other site feature or to send periodic emails.

  1. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

  1. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
    Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

General Conditions

  1. Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

  2. Technical support is only available via email. The technical support email address is Tech@appking.com

  3. You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service

  4. You understand that Imobile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Imobile service.

  6. You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Imobile.

  7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any AppKing customer, employee, member, or officer will result in immediate Account termination.

  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

  11. You must not transmit any worms or viruses or any code of a destructive nature.

  12. If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined soley by Imobile/Appking) of other Appking customers, additional charges will apply.

  13. Imobile does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

  14. You expressly understand and agree that Imobile/AppKing shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Imobile/AppKing has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the service.

  15. You agree to defend, indemnify, and hold Imobile/AppKing, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Application.

  16. The failure of Imobile/Appking to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Imobile and govern your use of the Service, superseding any prior agreements between you and Imobile (including, but not limited to, any prior versions of the Terms of Service).

  17. In no event shall Imobile liability to you exceed the amount actually paid to Imobile by you during the preceding 12 months.