1. Use of AppFynder
To use AppFynder, you must (i) have a GitHub account (ii) authorize AppFynder to access your Customer Data to provide AppFynder, (iii) provide accurate GitHub account information any time you register to use AppFynder, (iv) provide accurate GitHub account information when you register to use AppFynder, and (v) be a human over the age of 13. Uses by automated methods are not permitted. You grant AppFynder a non-exclusive, royalty-free, and worldwide license to use, store, and copy your Customer Data in order to provide AppFynder.
You are responsible for the security of your passwords and for any use of your account. You may not allow multiple people to use the same account or otherwise access AppFynder in a manner intended to avoid incurring fees.
AppFynder reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in AppFynder disabling or throttling your usage of the Service for any amount of time.
You are responsible for obtaining access to AppFynder and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
You may not use AppFynder:
- for any illegal purpose, in any manner inconsistent with applicable laws, regulations, or ordinances, or to submit, post, upload, or otherwise transmit any Customer Data or Content that is unlawful, defamatory, libelous, invasive of another's privacy, abusive, threatening, harassing, vulgar, obscene, indecent or otherwise objectionable;
- to submit, post, upload or otherwise transmit any Customer Data or Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights, fiduciary rights and proprietary rights;
- to submit, post, upload or otherwise transmit Customer Data or Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of AppFynder or another person's computer; or
- if you are a person barred from receiving AppFynder under the laws of the United States or other countries, including the country in which you are resident or from which you use AppFynder.
2. Cancellation and Termination
3. Customer Data
AppFynder claims no ownership or control over any Customer Data. Except for the license expressly granted by you to AppFynder to provide AppFynder, you retain all right, title, and interest in and to Customer Data and you are responsible for protecting those rights and interests, as appropriate. Notwithstanding the foregoing, you grant to AppFynder for its use a worldwide, non-exclusive, royalty-free license to aggregate or compile Customer Data with customer data of other users of AppFynder so long as such aggregation or compilation omits any data that would enable the identification of you (“Aggregated Data”). AppFynder shall have a worldwide, perpetual, royalty-free license to use, modify, distribute and create derivative works based on such Aggregated Data, and as between you and AppFynder, AppFynder shall own all compilations of the Aggregated Data, including all reports, statistics or analyses created or derived therefrom.
You understand that projects in AppFynder will display Customer Data to you and any collaborators that you designate for that project. You are solely responsible for any collaborators and third-parties (including third-party services) that you allow to view Customer Data and entrust them at your own risk.
You are solely responsible for configuring AppFynder to allow appropriate access to your Customer Data. AppFynder is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties to view any Customer Data.
4. Ideas and Feedback
As part of your use of AppFynder, you may choose, or we may invite you, to submit comments, feedback or ideas about AppFynder, including but not limited to ideas about improving AppFynder or our other offerings ("Ideas"). You hereby grant AppFynder a perpetual, royalty-free, unlimited, worldwide license to use and/or incorporate such Ideas into any AppFynder offering (including AppFynder) at any time in AppFynder’s sole discretion. Ideas you submit will not be afforded any confidential treatment by AppFynder, regardless of whether you request such treatment or otherwise designate Ideas as proprietary or confidential.
5. External Sites and Content
6. License and Restrictions
Excluding Third Party Sites and their related content, all of the content available on or through AppFynder, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, but expressly excluding Customer Data, is owned and/or controlled by AppFynder, its licensors or AppFynder users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that AppFynder and any underlying technology or software used in connection with AppFynder contain our proprietary information.
You will not, nor will you attempt to (or allow anyone else to or attempt to):
- copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of AppFynder or any part thereof;
- attempt to disable or circumvent any security or verification mechanism used by AppFynder;
- use AppFynder in any manner, or otherwise engage in any activity, that could damage, disable, overburden or impair our servers or networks, or interfere with or disrupt AppFynder or any other users' use or enjoyment of AppFynder.
- attempt to gain unauthorized access to any of AppFynder, member accounts, or computer systems or networks, through hacking, password mining or any other means.
- remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through AppFynder or in any content or other material obtained via AppFynder;
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of AppFynder;
- reformat or frame any portion of the web pages that are part of AppFynder;
- in connection with your use of AppFynder, make unauthorized use of others’ GitHub accounts or Customer Data;
- create user accounts by automated means or under false or fraudulent pretenses;
- provide or use tracking or monitoring functionality in connection with AppFynder, including, without limitation, to identify other users’ actions or activities;
- impersonate or attempt to impersonate any other person or entity, including without limitation AppFynder or any employee, contractor or associate of AppFynder; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
7. Open Source Software
8. Monitoring of Content
You understand that AppFynder may access and disclose Customer Data or otherwise provide third parties access to it for the following reasons:
- to send an email message to you upon your request;
- to maintain the Site and AppFynder and to develop new and useful features and services;
- to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
- to respond to claims that any Customer Data or Content violates third party rights;
- to respond to your requests for customer service; and
- to protect the rights, property, or personal safety of AppFynder, users of AppFynder’s offerings, including without limitation AppFynder, and the public.
9. Our Copyright Dispute Policy
AppFynder respects the intellectual property of others and requires that our users do the same. If you believe that material or content residing on or accessible through AppFynder infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on AppFynder (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: firstname.lastname@example.org or at the following postal address:
Attn: Legal/Urgent, AppFynder/AppFynder, 1011 Cassinoni, Montevideo, Uruguay
Disclaimer of Warranties:
IF YOU ACCESS AppFynder, YOU DO SO AT YOUR OWN RISK. WE PROVIDE AppFynder “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT AppFynder. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO AppFynder, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT AppFynder IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AppFynder WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE AppFynder (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF AppFynder OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH AppFynder. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AppFynder MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH AppFynder OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. AppFynder DOES NOT WARRANT THAT AppFynder WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT AppFynder IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL AppFynder, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
10. Limitations on Liability
12. Choice of Law and Dispute Resolution
AppFynder shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Version 1.0, June 7, 2017