Quasar Alliance, Inc
By purchasing the Goodnight ABC and The Nutcracker and The Mystery of The Disappearing Cheese applications and clicking on the I AGREE button, you agree to the following:
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Company is wholly committed to maintaining and protecting your privacy and any personal information you may share with us, with the exception of your comments or questions, and in such case, there will be no personally identifiable information shared publicly in association with such comments or questions. We will not sell or share your personal information with third parties without first obtaining your authorization to do so, except in accordance with the following provisions:
- Affiliated Businesses we do not control - At times we may use the services of third party vendors, suppliers, or technical support firms and personnel which must comply with our high standards of protecting your privacy. Additionally we emphasize to all third parties and to our employees the confidential nature of user information and the high level of importance we place on maintaining this confidentiality.
- Business Transfers - We may choose to sell our assets. In this type of transaction, customer information (your information) is typically one of the business assets that is transferred. Moreover, if all, or substantially all of our assets, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, customer information could be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Company or any of its assets may continue to use your Personal Information as set forth in this policy.
Whenever we collect Personal Information from you, we will always explain to you how we intend to use that information. For example we may use information in the following ways:
- For the purposes for which you specifically provided the information including, for example, to enable us to process, validate and verify you as a registered user;
- To send you e-mail notifications about your subscription status, new or existing products and services, special offers, or to otherwise contact you;
- To enhance existing features or develop new features, products and services;
- To provide third parties with aggregate (non-personal) information about our user base and usage patterns;
Additionally, Company may be contractually required to share certain information with its third party vendors, currently limited to Apple, Inc. Such shared information may include the processing of, without limitation, timestamps, IP addresses, geo-localization, and unique device identifiers or other data associated with the usage of Company App for business purposes. To the greatest extent allowed by law, Company specifically disclaims any liability with respect to what type of information is collected by Company`s third party vendors, if any, or how its third party vendors uses any such information. For further information about how these businesses handle their Privacy Policies, please visit their website at www.apple.com.
The Personal Information we may collect about you may be stored in limited-access servers. We will maintain safeguards to protect the security of these servers and your personally identifiable information.
We do reserve the right to disclose personal information in specific circumstances, such as when we believe in good faith that we must fulfill any legal and/or regulatory requirements, or to protect our rights to our intellectual property or other properties. We are not responsible for the privacy practices or content of other service providers or web sites, including sites to which we provide a link for informational or other purposes. In accordance with the End-User Terms and Conditions of Use Agreement above written, you agree that you relinquish and waive any and all rights to privacy (for other rights please refer to the End-User Terms and Conditions of Use Agreement) related to any of your User Content sent to us.
END-USER TERMS AND CONDITIONS OF USE AGREEMENT
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These are the Terms and Conditions of Use ('Terms'), which govern the use of this mobile electronic device application («App») and its corresponding website («Site»), which is solely owned and operated by us, Quasar Alliance, Inc
(«us», «we», «our» «Company» or words of similar import), whether directly or through a business relationship with any third-party. You must read and agree to these Terms and Conditions before using this App and by visiting our Site, you agree to these Terms and Conditions. We reserve the right to suspend or terminate your access and use of the Site at any time if we do so with the good faith belief that our rights or our intellectual property are at risk or for other reasons specified hereunder. We may exercise this right with or without notice. By accessing this App and/or Site you agree to be bound by the terms and conditions set out below. If you do not wish to be bound by these Terms and Conditions, do not download, purchase, or otherwise access this App or visit this Site.
"You" and/or "your" (and words of similar import) means, you, the user, and/or the registered user if registration is required; «Company» and/or "we" and/or "our" and/or «us» (and words of similar import) means Quasar Alliance, Inc, a Texas corporation (including its shareholders, directors, officers, employees, agents, representatives and third-party suppliers and vendors) that owns the Goodnight ABC and The Nutcracker and The Mystery of The Disappearing Cheese, Application («App»), AppyPup.com («Site»), and all underlying intellectual property, including but not limited to, software, trademarks, trade names, logos, copyrights, and all proprietary data. The "Service" means the App, Site, and all on-line and off-line artwork and information as specified hereunder, including but not limited to, Goodnight ABC poster, any other content currently posted by us or content that may become available in the future, our downloadable application of Goodnight ABC and The Nutcracker and The Mystery of The Disappearing Cheese , software application that facilitates access to Goodnight ABC and The Nutcracker and The Mystery of The Disappearing Cheese and its functionality, or any other form of data or App transmittal from our electronic system to yours, including transmittal through any third party provider, and other services provided by us or authorized third-parties to you and other users and/or registered users and/or subscribers, if any, (individually a «User» and collectively «Users»).
2. Grant of License
We grant you a personal, non-exclusive, non-transferable right and license to download and install the Goodnight ABC or The Nutcracker and The Mystery of The Disappearing Cheese application on one device, subject to the terms and conditions of this Agreement. We grant you a personal, non-exclusive, non-transferable right to download and print a copy of our Goodnight ABC poster in accordance with the Terms and Condition hereunder.
3. Use of Company Content and User Content
All materials on the Site and App and materials of any kind whatsoever sent by or through us, to you and other Users via the Service including without limitation, text, images, audio recordings and sounds, and data, are considered "Company Content". All material of any kind whatsoever sent to us by you, via the Service are considered the "User Content" (both Company Content and User Content shall hereinafter sometimes be referred to as «Content»). Unless otherwise stated, copyrights, trademarks, and similar rights in and to all Company Content and materials published on the Service are owned by Company or its third party partners, representatives or agents, if any. You are permitted to print or download extracts of Company`s Content for your personal use only but not for commercial use (reselling, distribution, retail, and media companies, please contact us for specific use licenses or permissions) such as distributing or redistributing, reselling, licensing, or otherwise profiting from Company Content in any way. Except as may be granted in writing, no Content may be used for any commercial or public use and no part of the Service or any Content appearing on the Site or App may be, without limitation, reproduced or stored in, or transmitted to, any other web Site or electronic storage device not expressly authorized by Company. No Content appearing on the Site or App may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Company. Any request for permission to reuse, repurpose, republish, or reprint Content may be sent to Company via email to firstname.lastname@example.org . Company does not own User Content, including without limitation, your comments, and expressly disclaims any and all liability that may result from them. By creating text of any nature, sharing User Content with Company`s Site, posting comments on our Site, or sending comments via email, you agree that you retain all ownership rights in and to your User Content. You agree that, any User Content you send to us via email or any other method, or that you post to the Site (including without limitation, in addition to the Site, any device which can now or hereafter deliver Company Content and/or User Content to Users in any medium whatsoever, or to other related sites and services), you will relieve us from any and all liability that may result from submitting such User Content. You further agree to grant Company a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to store, use, transmit, display, publish, reproduce, edit, modify, or otherwise distribute your User Content including comments and to make such additional uses of your User Content as may be deemed appropriate by Company in its sole discretion without limitation or compensation to you, or refrain from any of the foregoing.
4. Content by Email
Company may give you the option to register and to request Company Content by email. We may also send you email to keep you updated on new products. Your use of the Company Content received through these email services will be subject to these Terms. You can opt out or unsubscribe anytime to our email service by notifying us at email@example.com.
5. No warranties, exclusion of damages, limitation of liability, disclaimer and exclusive remedy.
Content is only for your general information and use and is not intended to address your particular requirements. You agree that, without limitation, the Service is provided "AS IS" and that to the greatest extent allowed by law Company makes no warranty of any kind, express or implied, including but not limited to, merchantability, or fitness for a particular purpose or use. Company does not warrant that the Service will be available at all times or is compatible with your electronic equipment or that the Service is free of errors or viruses, worms, "Trojan horses" or similar programs and you agree that Company is not liable for any damage you may suffer as a result of such destructive features. Company, not Apple, is responsible for all claims regarding the App, however, notwithstanding the foregoing, in the event the app fails to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
SOME STATES DO NOT ALLOW LIMITS OF LIABILITIES, HOWEVER, TO THE GREATEST EXTENT ALLOWED BY LAW, YOU AGREE THAT COMPANY, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS SUBCONTRACTORS, VENDORS, SUPPLIERS, INCLUDING WITHOUT LIMITATION, APPLE, INC, OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICES AND AS SUCH, SHALL NOT BE LIABLE FOR ANY MONETARY LOSS, DIRECT OR INDIRECT DAMAGES, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR ANY CLAIM AGAINST COMPANY BY YOU REGARDING OR RELATED TO ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY OUR SERVERS, COMPUTERS OR OTHER EQUIPMENT, OR YOUR ELECTRONIC EQUIPMENT OR ARISING FROM YOUR USE OR ATTEMPTED USE OF THE APP OR SITE ON SUCH EQUIPMENT. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SERVICE, IF ANY, IS NOT MAINTAINED OR CONTROLLED BY COMPANY AND THEREFORE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT OR ACCURACY OF OTHER WEB SITES, SERVICES OR GOODS THAT MAY BE LINKED TO OR ADVERTISED ON THE SITE. COMPANY DOES NOT (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE SITE INCLUDING WITHOUT LIMITATION ANY CONTENT, (B) GUARANTEE THE ACCURACY, COMPLETENESS, ACCESSIBILITY TO, USEFULNESS OR ADEQUACY OF THE SERVICE OR ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SITE OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS OR ADVERTISEMENTS THAT MAY BE LINKED TO THE SITE. COMPANY IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF ANY CONNECTIONS AND EQUIPMENT YOU USE TO ACCESS THE APP OR THE SITE. YOU UNDERSTAND AND AGREE THAT COMPANY AND/OR THIRD-PARTY CONTRIBUTORS TO THE SERVICE MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF THIS AGREEMENT. COMPANY EXPRESSLY DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT ANY SERVICE WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME OR AT ALL OR SOLD FOR THE PRICE PUBLISHED, AND YOU AGREE TO USE SUCH INFORMATION SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY`S LIABILITY TO YOU EXCEED THE AMOUNT OF FEES RECEIVED BY COMPANY UNDER THIS AGREEMENT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.
6. Unsolicited Materials
Other than comments or questions, Company does not accept any ideas, text, or content considered to be proprietary. Consequently, you expressly agree that any material you submit to the Company in any format whatsoever, will be deemed an unrestricted, irrevocable, and perpetual grant of a royalty free, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised or refrain therefrom in Company`s sole discretion. Additionally, you warrant and represent that you hereby irrevocably waive any moral rights in regard to any material or User Content you submit to the Service and you also agree that Company is free to use, for any purpose, any ideas, concepts, know-how, or techniques that you send it, without obligation to you of any kind whatsoever.
7. Changes to These Terms
Company may add, delete, or otherwise modify the provisions of this Agreement from time to time. Any such changes will be accessible to you by being posted on the Service`s webpage located at http://www.appypup.com/privacypolicy.html. It is your responsibility as a User to refer to these changes. Unless noted otherwise, any changes will become effective immediately upon being posted and you will be deemed to have accepted them if you access the Service after that time. If you do not wish to accept them, you must discontinue accessing the Service.
8. No Waiver
No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition under this Agreement, and no act, omission or course of dealing or course of performance by Company, operates as a waiver or estoppel of any right, remedy or condition, nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
9. Choice of Law
The laws of the State of Texas, in the United States of America, shall govern these terms and conditions and you hereby irrevocably submit to the exclusive jurisdiction of Texas courts. Nothing in this clause shall limit our right to take proceedings against you in any other court of complete jurisdiction, nor shall the taking of proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction or jurisdictions, whether concurrently or not, to the extent permitted by law of such other jurisdictions.
You may not assign, sub-license, or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by a court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect. Apple, Inc and its subsidiaries are third party beneficiaries of this license agreement and upon your acceptance of the terms and conditions hereof, Apple will have the right (and be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof. Company, not Apple will be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim.
11. Entire Agreement
Company reserves all rights not specified hereunder. These terms and conditions constitute the entire Agreement between you and Company with respect to the subject matter hereof and exclude any representations or warranties previously given or made.
If you agree to abide by all of the terms and conditions of this Quasar Alliance Inc
End-User Terms and Conditions of Use Agreement, click I AGREE. If you decline you must not download the App or access the Site. You may contact Apple to request a refund if you decline to be bound to these Terms and Conditions.