GAMESMARKETING.ORG sells its services and tools so that to give an iPhone Developer (the “Developer”) a chance to use GAMESMARKETING.ORG ’s Service (the “Service”) in favor of the Developer’s application. This website’s aim is the creation of Service that would allow the Developer to get reviews in the App Store effectively and with small expenses. Since the terms of service regulate the Developer’s use of GAMESMARKETING.ORG , we ask you to read them completely before using the Service.

(a) GAMESMARKETING.ORG does not have rights of any kind (except of the ones guaranteed in this Agreement) in the developed applications and all Intellectual Property Rights. All rights, title and interest are kept by the Developer.
(b) GAMESMARKETING.ORG obtains all right, title and interest in GAMESMARKETING.ORG Service (including the applications of this website), GAMESMARKETING.ORG Service Documentation and all associated Intellectual Property Rights and the Developer obtains none of them (except the ones granted in this Agreement).
The Developer gets a limited, revocable and non-exclusive license to have access to GAMESMARKETING.ORG ’s Service Documentation while this Agreement is in act if that is necessary to run GAMESMARKETING.ORG Service in accordance to the requirements and conditions of this Agreement. ALL OTHER RIGHTS THAT ARE NOT MENTIONED HERE ARE KEPT BY GAMESMARKETING.ORG AND ITS LICENSORS. The Developer realizes and admits that GAMESMARKETING.ORG might independently create applications, content and other services similar to the Developer’s applications and that nothing in this Agreement would have the possibility to prevent GAMESMARKETING.ORG from developing and utilizing such applications or content as well as other items without any obligations. The Developer has a right to provide some suggestions, feedback, improvement ideas or materials to us that are connected to GAMESMARKETING.ORG . In case when the Developer provides us any kind of such information, the Developer agrees to provide us the complete right, title and interest in and to such feedback to GAMESMARKETING.ORG and admits that we will be able to use this kind of information in any manner and without the obligatory confidentiality, reference or compensation to account. The Developer agrees to take the respective actions that GAMESMARKETING.ORG might request sometimes in order to effect, perfect or confirm GAMESMARKETING.ORG ’s rights as stated in this Agreement.

The Developer admits that it is only its responsibility to develop, operate and maintain its applications and not the responsibility of GAMESMARKETING.ORG . The Developer is also responsible for all content and materials that appear within the application. For example, the Developer has responsibility for:
– the technical functioning of the applications and respective equipment;
– creation and display of content through or in the application; the correctness and appropriateness of the applications and the materials available through the use of applications;
– guaranteeing that the applications and their content do not violate the rights of the third party (for example, copyrights, privacy or trademarks);
– ensuring that the materials available through the applications are not defamatory or illegal in any other way;
– guaranteeing that you thoroughly and adequately show how you collect, store and utilize the information left by the visitors, including the one by the third parties and that you completely agree with the privacy policy that us as user-favorable as the one set by GAMESMARKETING.ORG and any complaints relating to your applications or the content by users or third parties.

1) you possess all the rights and can guarantee us that all rights and licenses stated in this Agreement without violating the rights of the third parties;
2) your applications, their content and use do not infringe or violate the rights of people (copyright, patent or any other kind of intellectual property and proprietary rights);
3) you provide an application that will (A) correspond to the applicable laws and regulations, including export control laws and specific regulations of the country in regards to use of GAMESMARKETING.ORG ; (B) keep all licenses and permissions connected to the Service; and (C) if the application would involve payments, comply with the regulations and rules of any payment network (Visa, MasterCard, American Express, Pay Pal)
4) the content of the application cannot be illegal in any way and manner;
5) your applications and their content does not contain any virus, adware or other malicious code;
6) your applications will submit to the terms of this Agreement and other policies and guidelines in it.

ORG has no responsibility for the customer content or any kind of third party software or in connection with the GAMESMARKETING.ORG Service, whether caused by customers, by GAMESMARKETING.ORG , third parties or equipment or programming associated with the service. GAMESMARKETING.ORG is not responsible for the behavior of any Service’s user. This website carries no responsibility for the problems in technical functioning of the network or service, computer systems and equipment, software, including damage to the customer’s computer, mobile phone, software or hardware connected with the use of Service. GAMESMARKETING.ORG is not responsible for any loss or damage under any circumstances, including personal injury or death as a result of the Service use, both online and offline. THE SERVICE IS SECURED “AS-IS” AND THE GAMESMARKETING.ORG DISCLAIMS REPRESENTATIONS AND WARRANTIES, NO MATTER WHETHER EXPRESSED OR IMPLIED. GAMESMARKETING.ORG CANNOT PROVIDE ANY GUARANTEES AND DOES NOT PLEDGE ANY SPECIFIC RESULTS AFTER UTILIZING THE SERVICE. IGNITION MOBILE DOES NOT WARRANT THAT SOFTWARE OR OTHER MATERIALS THAT ARE RELATED TO THE SERVICE ARE COMPLETE, CURRENT, RELIABLE, ERROR-FREE OR THAT THE SERVICE CONTAINS NO HARMFUL COMPONENTS.

IN ANY CASE GAMESMARKETING.ORG WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INDIRECT, OR SOME OTHER SPECIAL DAMAGES, INCLUDING LOST PROFITS OR DATA RESULTING FROM USING THE SERVICE, EVEN IN CASE WHEN THIS WEBSITE HAD BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE GAMESMARKETING.ORG ’S LIABILITY TO YOU FOR ANYTHING WILL EVERY TIME BE LIMITED TO THE AMOUNT OF MONEY PAID BY YOU TO THIS WEBSITE WHILE THE AGREEMENT IS IN ACT, BUT IN NO CASE LIABILITY MAY EXCEED $1,000. YOU MAY HAVE ADDITIONAL RIGHTS SINCE SOME LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT BE APPLIED TO YOU. By using the website’s Service, the Developer agrees that any dispute that may arise between the GAMESMARKETING.ORG and the Developer will be solved in accordance to the laws of the State of Washington. Regarding any disputes or claims that appear to be not under the arbitration jurisdiction, you agree not to prosecute any activities in other than the state and federal courts of Washington. Arbitration. THE DEVELOPER AND GAMESMARKETING.ORG AGREED THAT THE ONLY FORUM FOR ANY DISPUTES RELATING TO OR RESULTING FROM THESE TERMS OF USE AND AGREEMENT, THE SERVICE SHALL BE FINAL ARBITRATION, except of the cases in which either of us has in any manner violated or threatened to infringe upon the other party’s rights. In such case the parties realize that arbitration is not an appropriate remedy and that other appropriate relief has to be sought. According to this Agreement, arbitration shall be conducted by the American Arbitration Association. The rules of the AAA play the crucial role in determination of the arbitration location and the allocation of fees and costs for such arbitration.

The Developer agrees to secure the GAMESMARKETING.ORG and its partners from any loss, claim, demand, expenses and damages, including the attorney’s fees that arise as a result of the Service use or the Agreement violation as well as the violation of any law or the third party’s rights.

These Terms of Use and Agreement draw up the complete agreement between the Developer and the GAMESMARKETING.ORG website in regards to the use of the Service, cancelling any previous agreements between the Developer and GAMESMARKETING.ORG concerning the use of the Service. The failure of GAMESMARKETING.ORG to enforce any right or accomplishment of these Terms of Use and Agreement shall not constitute a waiver of such provision or right in the particular case. If some provision in this Agreement is invalid, its remainder has to continue completely. If some provision of these Terms of Use and Agreement is considered unlawful or unenforceable, then it has to be deemed separately from these Terms of Use and should not influence the validity and enforceability of the remaining provisions. Use of GAMESMARKETING.ORG service needs execution of separate contract.


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