Appoke User Terms and Conditions
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The website available at appoke.com is provided by Appoke SAS, a French company with registered offices located at 1, Avenue Bernard Hirsch – 95021 Cergy Pontoise Cedex - France, registered with the Pontoise Trade Registry under number 523 020 725, represented by Mr. Stéphane Guérin (“Appoke”).
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The website available at appoke.com is provided by Appoke SAS, a French company with registered offices located at 1, Avenue Bernard Hirsch – 95021 Cergy Pontoise Cedex - France, registered with the Pontoise Trade Registry under number 523 020 725, represented by Mr. Stéphane Guérin (“Appoke”).
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Services provided by Appoke
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Appoke has developed and owns the Appoke Store, an Android™ mobile social application platform operating on the Appoke website accessible at appoke.com, and on Android™-compatible mobile devices (the “Appoke Store”). The Appoke Store hosts Android™-compatible applications (the “Applications”), uploaded by third-party developers, which users of the Appoke Store (“User(s)” or “you”) can download on their mobile devices (“Devices”). Users may also share Applications, recommend and rate Applications, etc.
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These User terms and conditions (“Agreement”) set forth the provisions under which Users may access the Appoke website and download and use the Appoke Store and Applications.
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Appoke has developed and owns the Appoke Store, an Android™ mobile social application platform operating on the Appoke website accessible at appoke.com, and on Android™-compatible mobile devices (the “Appoke Store”). The Appoke Store hosts Android™-compatible applications (the “Applications”), uploaded by third-party developers, which users of the Appoke Store (“User(s)” or “you”) can download on their mobile devices (“Devices”). Users may also share Applications, recommend and rate Applications, etc.
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Acceptance of the Appoke Agreement
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By clicking on the “I agree” button, you hereby confirm your acceptance of this Agreement which forms a binding contract between Appoke and you. If you don’t accept this Agreement, you may not use the Appoke Store. If you have questions about the Appoke Store, please consult our Frequently Asked Questions (FAQs) appoke.com/faq.
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By clicking on the “I agree” button, you hereby confirm your acceptance of this Agreement which forms a binding contract between Appoke and you. If you don’t accept this Agreement, you may not use the Appoke Store. If you have questions about the Appoke Store, please consult our Frequently Asked Questions (FAQs) appoke.com/faq.
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Effective date of this Agreement and updates
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This Agreement is effective as of May 1, 2011.
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We reserve the right to amend this Agreement from time to time by posting the new version on line. This updated version shall then become effective thirty (30) days after its first posting. A notice informing our Users of the updated version of this Agreement will be posted on our home page and sent to our registered users. If you refuse the updated version of this Agreement, you may no longer use the Appoke Store at the end of this 30 day notice period.
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Capitalized words and expressions appearing in parenthesis in this Agreement shall have the meaning given in the relevant paragraph.
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This Agreement is effective as of May 1, 2011.
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Article 1. Website use and User registration
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You must register either on the Appoke website or directly from the Appoke mobile application prior to start using the Appoke Store and downloading Applications. The use of the Appoke Store and of any available Applications is subject to your reading, understanding and agreeing to the terms set forth in this Agreement. When you register on Appoke, you agree to provide full, accurate and up-to-date contact information. The use of the Appoke Store and downloaded Applications may be subject to the payment of a user fee, as set forth in Article 5 below.
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Should your account be closed further to your breach of this Agreement, you will no longer be authorized to use the Appoke Store.
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You must register either on the Appoke website or directly from the Appoke mobile application prior to start using the Appoke Store and downloading Applications. The use of the Appoke Store and of any available Applications is subject to your reading, understanding and agreeing to the terms set forth in this Agreement. When you register on Appoke, you agree to provide full, accurate and up-to-date contact information. The use of the Appoke Store and downloaded Applications may be subject to the payment of a user fee, as set forth in Article 5 below.
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Article 2. User license
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2.1 Appoke Store license. The Appoke Store includes the Appoke website and Appoke application developed under the Android™ operating system or made available by Appoke. For the Term of this Agreement, Appoke grants you a personal, non-exclusive and non-transferable right to use the Appoke Store exclusively for your personal use on your Device provided that your Device is Android™-compatible. No other use of the Appoke Store is allowed.
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2.2 Applications license. Applications are Android™-compatible software, content and digital material developed by third party developers and made available on the Appoke Store for use by the Users. The third-party Applications hosted on the Appoke Store are licensed to Appoke by third-party developers pursuant to the Appoke Application Developer Distribution Agreement. For the Term of this Agreement, Appoke grants you a personal, non-exclusive and non-transferable right to use the Applications exclusively for your personal use on your Device provided that your Device is Android™-compatible. No other use of the Applications is allowed.
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The installation, activation and use of certain Applications may be subject to separate license terms and conditions which must be accepted by any new User prior to his/her first use.
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You acknowledge and agree that new Applications may be added to the Appoke Store from time to time. Existing Applications may also be removed from the Appoke Store from time to time.
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2.3 Lawful use. In certain jurisdictions, certain Applications available on the Appoke Store may be subject to laws, administrative regulations and executive orders relating to the control of imports and exports of software and electronic applications. You agree to comply with all applicable laws and you shall not export or re-export directly or indirectly (including via remote access) all or part of the Applications to any country where a license or any other specific authorization is required without first obtaining such license or authorization.
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2.1 Appoke Store license. The Appoke Store includes the Appoke website and Appoke application developed under the Android™ operating system or made available by Appoke. For the Term of this Agreement, Appoke grants you a personal, non-exclusive and non-transferable right to use the Appoke Store exclusively for your personal use on your Device provided that your Device is Android™-compatible. No other use of the Appoke Store is allowed.
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Article 3. Intellectual property
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3.1 Intellectual property. Appoke is the owner of the intellectual property rights in the Appoke Store. The Appoke Store, including the concept, its structure, content, functionalities, graphic interfaces and all the other Appoke Store components, including the Applications are protected by the provisions of the French code of intellectual property and by all the other national and international intellectual property laws and regulations.
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You may display the Appoke Store and the Applications on your Device only, exclusively as authorized herein.
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Any unauthorized reproduction, dispatch, display or use of all or part of the Appoke Store or of any Application in any format or on any device other than your Device without the prior written consent of Appoke is prohibited and would constitute an infringement as punished pursuant to articles L335-2 et seq. of the French code of intellectual property.
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3.2 Trademark License. Appoke is the owner of the Appoke trademark and logo registered in France. During the Term, Appoke hereby grants to you a personal, non-exclusive, non-transferable license to display the Appoke name and logo solely in connection with the use of the Appoke Store on your Device. No other use of the Appoke trademark and logo is allowed. Other than as provided for in this Agreement, any unauthorized reproduction, dispatch or use of the Appoke trademark and logo in any format without Appoke’s prior written consent is prohibited and would constitute an infringement as punished by the French code of intellectual property.
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Google Inc. is the owner of the Android™ trademark. The Android™ trademark may only be used as authorized on www.android.com/branding
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3.1 Intellectual property. Appoke is the owner of the intellectual property rights in the Appoke Store. The Appoke Store, including the concept, its structure, content, functionalities, graphic interfaces and all the other Appoke Store components, including the Applications are protected by the provisions of the French code of intellectual property and by all the other national and international intellectual property laws and regulations.
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Article 4. Maintenance of the Appoke Store
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Appoke reserves the right to suspend access to the Appoke Store from time to time to perform maintenance on the Appoke Store and/or on the servers. Appoke will use reasonable efforts to perform maintenance services during non-business hours and will attempt to limit the duration of maintenance service. In case of emergency maintenance, Appoke reserves the right to suspend all or part of the access to the Appoke Store to perform any required technical intervention.
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Appoke may update the Appoke Store from time to time. The new Appoke Store version will be made available for users to download on their Devices.
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Appoke reserves the right to suspend access to the Appoke Store from time to time to perform maintenance on the Appoke Store and/or on the servers. Appoke will use reasonable efforts to perform maintenance services during non-business hours and will attempt to limit the duration of maintenance service. In case of emergency maintenance, Appoke reserves the right to suspend all or part of the access to the Appoke Store to perform any required technical intervention.
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Article 5. Free Applications
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The Appoke Store and certain Applications available on the Appoke Store are free of charge. Downloading and using free Applications, as well as pay Applications, is subject to the terms of this Agreement.
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The Appoke Store and certain Applications available on the Appoke Store are free of charge. Downloading and using free Applications, as well as pay Applications, is subject to the terms of this Agreement.
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Article 6. Pay Applications and Appoke Credits
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Some Applications available on the Appoke Store may be subject to the payment of a user fee (“User Fee”).
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6.1 Appoke Credits.. Pay Applications may be downloaded after paying the applicable User Fee, calculated in Appoke credits (the "Appoke Credits"). You may acquire Appoke Credits as follows:
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- Purchase of Appoke Credits: you may purchase Appoke Credits, either by paying the applicable User Fee for a pay Application at the time of downloading, or to build up credit on your Appoke account. In that case, the Appoke Credits will be credited on your Appoke account and you will be able to use them later for any new download off the Appoke Store.
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- Applications promotion by the developers: the developers may promote their free Applications on Appoke for a set period. When you decide to download a free Application on promotion, you will receive bonus Appoke Credits on your Appoke account. You may then use these Appoke Credits to pay the applicable User Fees for pay Applications.
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- Incentive actions: incentive actions include, for example, downloads, recommendations and reviews of certain Applications, or user sponsorship. Such actions may be rewarded by crediting free Appoke Credits on your Appoke account.
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The price for Appoke Credits is described in the following section: Credit system
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Appoke Credits may be used for twelve (12) months from the date of their credit to your Appoke account. Appoke Credits are non refundable and may not be transferred to another Appoke account. In the event that you don't use your Appoke credits for a 12 months period, or if your Appoke account is closed by Appoke, pursuant to the terms set forth in articles 9 and 13, the Appoke Credits on your account will be lost.
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If your Appoke account is closed before this 12 months term for reasons other than those described in articles 9 and 13.3, Appoke will reimburse the balance of your Appoke Credits that were purchased, pursuant to the terms described in the following section: Credit system
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6.2 Payment of the User Fees for pay Applications.. If you choose to download a pay Application available on the Appoke Store, you agree to pay the applicable User Fee, including any applicable tax in the currency proposed by Appoke (additional currency exchange commissions and other costs may apply), prior to downloading the Application. Payment is made online with Appoke Credits acquired as described above.
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If your balance in Appoke Credits is insufficient, the Application download will be cancelled. The purchase and use of Appoke Credits may be done in a single action. In this case, you will only purchase the number of Appoke Credits necessary to download the Application.
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Payment of the User Fee is final and shall not be reimbursed, whether you actually use the Application or not, or if you decide to close your Appoke account, or if your Appoke account is closed by Appoke pursuant to the terms set forth in articles 9 and 13.
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6.3 Purchase of Appoke Credits.. Appoke Credits must be purchased online or via mobile phone through third party payment services available on the Appoke Store. Some payment services are subject to your prior registration and acceptance of their user terms and conditions. If you choose to purchase Appoke Credits, you agree to pay the applicable User Fee set by Appoke, including any applicable tax, in the currency proposed by Appoke (additional currency exchange commissions and other costs may apply), prior to acquiring your Appoke Credits.
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Some Applications available on the Appoke Store may be subject to the payment of a user fee (“User Fee”).
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Article 7. User data, privacy
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7.1 Registration. The use of the Appoke Store and of any available Applications is subject to your registration on Appoke. The registration page also includes an opt-in field about the possibility for Appoke to use your personal data for marketing or commercial purposes.
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If you register on partner websites, the collection and use of your data will be subject to the terms and conditions of such partner websites.
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Pursuant to the the provisions of the French privacy act (Act No78-17 of January 6, 1978 as amended), the Appoke Store user data treatment was duly registered with the French data commission (CNIL) under number 1465421.
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7.2 Cookies. When you connect to the Appoke Store, Appoke may download “cookies” on your browser. Such cookies are used for statistical purposes and to recognize previous visitors. You may configure your browser to refuse cookies, however the Appoke Store and Applications may not operate at their full capacity or may be blocked. Appoke doesn’t control cookies which may be placed by third party advertisers on the Appoke Store or on any Application.
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7.3 Account security. The log-in data (log-in and/or password) allowing your connection to your account are personal and confidential. For security reasons, you shall not disclose your log-in and password to any third parties. You shall be solely liable for any consequences, whether contractual, financial or other, which may result from any unauthorized use of your log-in data by third parties. Appoke reserves the right to suspend your account should we have reasons to believe that your log-in data was stolen and used without your consent.
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Your personal data is stored on servers located in France or within the European union. Appoke and its hosting providers have implemented appropriate measures to ensure the safety of your personal data. However, we cannot ensure that your communications and other personal data will not be intercepted or disclosed by a third party.
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7.4 Right to access or to close your Appoke account. You have the right to access your Appoke account on line to modify your personal data or to close your account. If you choose to close your Appoke account, your data will be erased. We may however keep personal data as authorized by law and as necessary in case of a dispute between you and Appoke, an Application developer or another User. Your personal data will be deactivated and will no longer be accessible on line
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Should you have any questions regarding your personal data, you may send an email to contact@appoke.com.
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7.1 Registration. The use of the Appoke Store and of any available Applications is subject to your registration on Appoke. The registration page also includes an opt-in field about the possibility for Appoke to use your personal data for marketing or commercial purposes.
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Article 8. Indemnification
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8.1 You represent and agree that you own all intellectual property rights on the content which you may post on the Appoke Store or on any Application, or that you are duly authorized by their rights owners to use and display such content. For the purpose of Articles 8 and 9, “Content” shall mean text (such as comments or recommendations), photos, videos, etc. which you may post on the Appoke Store or on any Application.
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8.2 You shall defend and indemnify Appoke (including its attorney’s fees) against any and all claims, losses, liabilities, costs and expenses, which Appoke may incur as a result of any third party actions arising from or related to your breach of this Agreement, illegal Content, counterfeiting activities (including the infringement of a license, patent, trademark right or other intellectual property right of Appoke or of a third party), defamation or breach of any applicable law and regulation. This provision shall remain survive termination of this Agreement regardless of the reason.
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The provisions of this article are exclusive of any other warranty or liability provisions and of any resulting indemnification.
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8.1 You represent and agree that you own all intellectual property rights on the content which you may post on the Appoke Store or on any Application, or that you are duly authorized by their rights owners to use and display such content. For the purpose of Articles 8 and 9, “Content” shall mean text (such as comments or recommendations), photos, videos, etc. which you may post on the Appoke Store or on any Application.
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Article 9. Illegal Content and Fraudulent behavior
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9.1 Provision of Content by User. If you decide to provide Content on the Appoke Store (including but not limited to recommendations, ratings, etc.), you shall : i) use the Appoke Store pursuant to the provisions set forth herein; ii) only post decent, honest and loyal Content.
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You shall not: i) disclose other Appoke Users or third party personal data; ii) post and disclose Content which is infringing, defamatory, obnoxious, obscene, offensive, violent or promoting violent behavior, or political, racist, or xenophobic Content and generally any Content which would be contrary to the purpose of the Appoke Store, to the rights of third parties and to any applicable laws and regulations; iii) post, communicate or send any Content which may diminish, disorganize, or prevent the normal use of the Appoke Store, including but not limited to any interruption and/or slow down of normal data transmission between Users via the Appoke Store, such as software, viruses, logical bombs, spamming, etc.; iv) post, communicate or send Content which includes links pointing to illegal or offensive third party websites or to websites which would be incompatible with the purpose of the Appoke Store.
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Appoke reserves the right to remove any Content which would be in violation of this Agreement.
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9.2 Fraudulent behavior and damages to the integrity of the Appoke Store. You shall not: (i) use automated or manual processes to copy all or part of the Applications or the services available on the Appoke Store; (ii) use devices or software to disrupt or attempt to disrupt the smooth running of the Appoke Store; (iii) implement any actions which could create a disproportionate burden on the Appoke Store or Appoke’s infrastructure.
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In the event of fraudulent behavior, adversely affecting the running of the Appoke Store, you shall indemnify Appoke for the damages suffered by Appoke because of such fraudulent behavior.
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8.3 Notice and take down. You may notify Appoke should you find Content on the Appoke Store which includes information, photos or videos that are false, inappropriate or illegal so that Appoke may take such Content down. Illegal Content notices should be sent by email at contact@appoke.com and include the relevant URL and the reason for sending the take down notice to Appoke.
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9.1 Provision of Content by User. If you decide to provide Content on the Appoke Store (including but not limited to recommendations, ratings, etc.), you shall : i) use the Appoke Store pursuant to the provisions set forth herein; ii) only post decent, honest and loyal Content.
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Article 10. Limitation of liability
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10.1 Appoke may not be held liable for any loss of profits, loss of use, business interruption, loss of data, cost of substitute products or services or for any indirect damages of any kind in connection with or arising out of the performance or the failure to perform this Agreement, for the access or for any event making the access to the Appoke Store and/or to the Applications impossible, such as slow connections, delayed or interrupted transmissions, data loss or disappearance, whether alleged as a breach of contract or in civil liability, including negligence, even if a party has been advised of the possibility of such damages. In addition, Appoke shall not be liable for any damages caused by delays in the delivery, provision of the services or making Applications available on the Appoke Store. Appoke’s aggregate, cumulative liability under this Agreement shall not exceed €100 (one hundred euros).
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10.2 Appoke shall not be liable for the third party Applications available on the Appoke Store at any time, or for any other Content provided by Users and other third parties and available on the Appoke Store.
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10.1 Appoke may not be held liable for any loss of profits, loss of use, business interruption, loss of data, cost of substitute products or services or for any indirect damages of any kind in connection with or arising out of the performance or the failure to perform this Agreement, for the access or for any event making the access to the Appoke Store and/or to the Applications impossible, such as slow connections, delayed or interrupted transmissions, data loss or disappearance, whether alleged as a breach of contract or in civil liability, including negligence, even if a party has been advised of the possibility of such damages. In addition, Appoke shall not be liable for any damages caused by delays in the delivery, provision of the services or making Applications available on the Appoke Store. Appoke’s aggregate, cumulative liability under this Agreement shall not exceed €100 (one hundred euros).
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Article 11. Limitation of warranty
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11.1 Appoke Store. The Appoke Store is provided “as is”, without additional contractual warranty of any kind. Appoke specifically disclaims all warranties of fitness for a particular purpose. Further, Appoke does not warrant results of use or that the Appoke Store will be error-free or that the use of the Appoke Store will be uninterrupted.
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11.2 Applications. The Applications are provided “as is”, without additional contractual warranty of any kind. Appoke specifically disclaims all warranties of fitness for a particular purpose. Appoke does not warrant results of use or that the Applications will be error-free or that the use of the Applications will be uninterrupted.
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11.3 Your use of Appoke and any Applications downloaded from the Appoke Store is at your own discretion and risk. You shall be solely liable for any damages to your computer and/or Devices and other equipment or in case of loss or corruption of data as a consequence of downloading and/or using any Applications.
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11.4 Appoke may not be held liable in the following cases: temporary service interruptions to update data files; non-voluntary operations difficulties or temporary interruptions, including, but not limited to electricity or communications failures; temporary service interruptions to ensure its smooth operation and/or to ensure software development to improve technical performance and/or to perform maintenance.
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11.1 Appoke Store. The Appoke Store is provided “as is”, without additional contractual warranty of any kind. Appoke specifically disclaims all warranties of fitness for a particular purpose. Further, Appoke does not warrant results of use or that the Appoke Store will be error-free or that the use of the Appoke Store will be uninterrupted.
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Article 12. Force majeure
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Appoke may not be held liable in case of delays in performance resulting from external causes beyond its control and without fault or negligence from Appoke. Force majeure events shall include, without limitation, events admitted by the courts and natural disasters, acts of war, any disruptions to the public law and order, epidemics, fires, floods and other disasters, governmental acts, strikes, lock-outs and any electrical and technical problems external to the parties and preventing communication.
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Appoke may not be held liable in case of delays in performance resulting from external causes beyond its control and without fault or negligence from Appoke. Force majeure events shall include, without limitation, events admitted by the courts and natural disasters, acts of war, any disruptions to the public law and order, epidemics, fires, floods and other disasters, governmental acts, strikes, lock-outs and any electrical and technical problems external to the parties and preventing communication.
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Article 13. Term of the Agreement and Termination
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13.1 Term. This Agreement shall be effective from the date of registration on the Appoke Store and acceptance of this Agreement by clicking on the “I agree” button. It shall remain in effect for the duration of use of the Appoke Store.
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13.2 Termination. You may terminate this Agreement at any time by notifying Appoke of your decision to close your account.
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13.3 Termination for cause. Should you be in breach of this Agreement, Appoke may notify you in writing of its decision to terminate the Agreement if you haven’t remedied the breach within thirty (30) days from receipt of the written notice. This Agreement may also be terminated by Appoke, effective immediately in the event of a material breach of this Agreement. Unless specified otherwise, termination notices will be sent to the email address provided by you.
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13.1 Term. This Agreement shall be effective from the date of registration on the Appoke Store and acceptance of this Agreement by clicking on the “I agree” button. It shall remain in effect for the duration of use of the Appoke Store.
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Article 14. Additional provisions
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14.1 Notices. Unless specified otherwise, any notice sent to Appoke shall be sent by registered mail, return receipt requested to Appoke’s registered address. Any notice sent to you shall be sent by email to the email address provided in your Appoke account. Notices shall be deemed received 24 hours after sending the email, unless the sender receives an invalid email address message in return. Notices may also be sent to you by registered mail, return receipt requested to the address provided in your Appoke account, in which case, notices will be deemed received 3 business days after sending the letter.
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14.2 Non-waiver. Any failure by Appoke to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be interpreted as a waiver of Appoke’s right to enforce such provision, in that or any other instance.
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14.3 Legal information. The publishing head of the Appoke website is Mr. Stéphane Guérin.The Appoke website is hosted by : Amazon.com, Inc. P.O. Box 81226, Seattle, WA 98108-1226, U.S.A. - Phone: 1 (206) 266-1000; - URL: www.amazon.com.
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14.1 Notices. Unless specified otherwise, any notice sent to Appoke shall be sent by registered mail, return receipt requested to Appoke’s registered address. Any notice sent to you shall be sent by email to the email address provided in your Appoke account. Notices shall be deemed received 24 hours after sending the email, unless the sender receives an invalid email address message in return. Notices may also be sent to you by registered mail, return receipt requested to the address provided in your Appoke account, in which case, notices will be deemed received 3 business days after sending the letter.
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Article 15. Governing Law and Jurisdiction
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This Agreement shall be governed by and construed in accordance with the laws of France. In the absence of an amicable resolution, for any disputes arising under this Agreement, with respect to its signature, enforceability, interpretation, performance or termination, the French courts shall have exclusive jurisdiction, notwithstanding multiple defendants, claims in warranty, and in the event of emergency or conservatory proceedings (“en référé” or “par requête”).
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This Agreement shall be governed by and construed in accordance with the laws of France. In the absence of an amicable resolution, for any disputes arising under this Agreement, with respect to its signature, enforceability, interpretation, performance or termination, the French courts shall have exclusive jurisdiction, notwithstanding multiple defendants, claims in warranty, and in the event of emergency or conservatory proceedings (“en référé” or “par requête”).
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Article 16. Entire Agreement
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This Agreement, together with the recitals, states the entire agreement of the parties regarding the subject matter of this Agreement, and supersedes any communications between the parties regarding such subject matter.
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This Agreement, together with the recitals, states the entire agreement of the parties regarding the subject matter of this Agreement, and supersedes any communications between the parties regarding such subject matter.