Terms Of Use

This statement is effective as of September 2014

Appuyage is part of the Evasium Network, a set of related Internet sites and applications owned and operated by Evasium Ltd.
Through its network of digital properties, Evasium provides you with access to a variety of resources which includes websites, web applications, client applications, mobile applications and games (collectively, the "Services"), all subject to our Terms of Use including our Privacy Policy. By accessing or using any of those Services, you agree to these Terms.

Basic Evasium Terms

Evasium and its suppliers own or license the copyright in all the material we (Evasium) publish including text, photographs, graphics, logos, icons, audio, video, code and software (collectively, the Content), and those rights are protected by international copyright laws and other intellectual property laws. You will not modify, create derivative works of, decipher, decompile, disassemble, reverse engineer or otherwise attempt to extract any content or source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission. Don't share our Content in any way that is unfair or unreasonable.
However, the user content which is displayed is the sole responsibility of the person who posted that content. If you believe that your work has been copied on our Services in a way that constitutes copyright infringement, please contact us using this form or email us at contact[at]appuyage.com.

Privacy Policy
Any information that you provide to our Services is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection, processing and use of this information as set forth in the Privacy Policy.

Evolution and Innovation
The Services that Evasium provides are always evolving.The form and nature of the Services that Evasium provides may change from time to time with or without prior notice to you.
We also retain the right to add or create new limits to our Services (for example, on use and storage) at our sole discretion at any time with or without prior notice to you.

Don’t mess with Evasium
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of fraudulent, abusive, or otherwise illegal activity is expressly prohibited.
You may not use the Services in any manner that could damage, disable, overburden, or impair any Evasium server, or the networks connected to any Evasium server, or interfere with any other party's use of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Evasium server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
We support the responsible reporting of security vulnerabilities. To report a security issue on our Services, please send an email to contact[at]appuyage.com.

Misuse of the Services
Evasium may restrict, suspend or terminate the access or account of any user who abuses or misuses the Services. We would notify you by email or at your next connection attempt.

Terms with respect to Appuyage

Acceptance of Terms
By using Appuyage in any manner, including but not limited to downloading and using the Appuyage mobile applications, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on or within Appuyage, each of which is incorporated by reference and each of which may be updated from time to time.
These Terms of Use apply to all users of Appuyage, including, without limitation, users who are contributors or readers of information, content, and other materials or services, registered or otherwise.

About these Terms
These Terms of Use are the entire agreement between you and us with respect to Appuyage, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us concerning Appuyage.
These Terms do not create any third party beneficiary rights. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms: If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain enforceable.

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue Appuyage (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on or within Appuyage or by sending you notice through Appuyage or by e-mail. Your use of Appuyage following the publication of any changes to these Terms of Use constitutes acceptance of those changes. We may also impose limits on certain features of Appuyage or restrict your access to parts or all of Appuyage without notice or liability.

You represent and warrant that you are at least 18 years of age. If you are under age 18, you should not, under any circumstances, use Appuyage. We may, at our sole discretion, refuse to offer Appuyage to any person or entity and change our eligibility criteria at any time.

Notices Regarding Software, Documents and Services Available on Appuyage
We are not obligated to maintain or support the Appuyage Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Appuyage website and applications, and may automatically update or upgrade the version of the Appuyage application that you are using on your mobile device or computer. You consent to such automatic updating or upgrading on your device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades.
In no event shall Evasium and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
We grant you the right to access the Appuyage content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Appuyage content, except as permitted by the doctrine of fair use or as authorized in writing by us.
If you come to us with a suggestion for any of our Services, that suggestion is made for free. This means we can use your suggestion in any way we want and we don‘t have to pay you for it. If you think you have a suggestion that we would be willing to pay you for, you must tell us you expect to be paid before you tell us the suggestion.

Member Account, Password, and Security
While some features of Appuyage are available to unregistered users, for broader access to Appuyage you must register by creating an Evasium Account. You must provide current and accurate information when filling up the registration and profile forms. You are responsible for updating the accuracy of the information that you provide to us to be associated with your Account.
You also will choose a password and a user name. You shall not:
  • Select or use, as your username, the name of another person with the intent to impersonate that person; or
  • Select or use, as your username, a name subject to any rights of a person or entity other than you without appropriate authorization.
If you select a username or similar identifier for your account or Page, we reserve the right to reclaim or replace it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any actual or suspected loss, theft, or other unauthorized use of your Account. We cannot and will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses or damages incurred by Evasium or another party due to someone else using your account or password.
You may not use anyone else's account at any time, without the permission of the account holder. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Appuyage user.

Your Content in Appuyage
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
By submitting user content to Appuyage, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide, sublicensable and transferable license to use, host, reproduce, modify, translate, prepare derivative works, distribute copies, transmit, stream, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, personal rights, publicity rights, copyrights, trademarks, trade secrets, contract rights, or any other intellectual property or proprietary rights. In short, you confirm that you have the right to submit anything you post.
The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. We will respect the choices you make to limit sharing or visibility settings in your Account. You should only provide Content that you are comfortable sharing under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via Appuyage.
Under no circumstances will Evasium be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
The Appuyage Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Evasium on the Services are subject to change. In consideration for Evasium granting you access to and use of the Services, you agree that Evasium and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
When you delete your User Content, it will be removed from Appuyage. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not be available or shared with others following removal).

We do not guarantee that any Content will be made available on or through Appuyage.
We reserve the right to monitor Appuyage, to review materials posted, and to remove or modify any materials we consider as inappropriate (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use). At the same time, we do not guarantee we will monitor at all.

Guidelines regarding your participation on Appuyage
You agree not to use Appuyage in order to intentionally jeopardize the health and safety of others or yourself. You agree not to encourage harm against people. You will not bully, intimidate, or harass any user. As you use Appuyage, please remember that your speech may have consequences and could lead to criminal and civil liability.
You may not post any Content deemed to be junk, spam or otherwise inappropriate. Cluttering Appuyage with this sort of content reduces the quality of the Appuyage experience for others.
You will not do anything that could disable, overburden, or impair the proper working of Appuyage or any activities conducted on Appuyage. You will not take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure. You will not bypass any measures we may use to prevent or restrict access to Appuyage (or other accounts, computer systems or networks connected to Appuyage). You agree not to interrupt the serving of Appuyage, introduce malicious code onto Appuyage, make it difficult for anyone else to use Appuyage due to your actions, attempt to manipulate votes or Appuyage’s systems, or assist anyone in misusing Appuyage in any way.
You will not use Appuyage to do anything unlawful, misleading, malicious, or discriminatory.
You will not facilitate or encourage any violations of this Statement or our policies.

Notifications and Service Messages
For purposes of service messages and notices about the Services, Appuyage may display a banner notice across its pages to alert you to certain changes such as modifications to this Agreement, service announcements and administrative messages. Alternatively, we may communicate with you within Appuyage or via an email address associated with your account. You can review your settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact information, including, but not limited to, your failure to receive critical information about Appuyage.

Warranty Disclaimers
There are certain things that we do not promise about Appuyage. Neither Evasium nor its suppliers or distributors makes any specific commitments about the content within the Appuyage Services, the specific functions of those Services or their reliability, availability or ability to meet your needs.
Appuyage is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Appuyage will always work properly.
You acknowledge that we have no control over, and no duty to take any action regarding:
  • Which users gains access to Appuyage
  • What Content you access via Appuyage
  • What effects the Content may have on you
  • How you may interpret or use the Content; or
  • What actions you may take as a result of having been exposed to the Content.

For violations of this agreement, we may suspend your access to Appuyage or remove any of your User Content from Appuyage, without advance notice and at any time.

Extended Evasium Terms of Use

Communication Services
The Services may contain message or communication facilities designed to enable you to communicate with others. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Download, reproduce, display, perform, and/or distribute any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reused in such manner.
  • Restrict or inhibit any other user from using and enjoying the Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Official uses of our Services
If you use our Services on behalf of a business or any other organisation, that organisation accepts these terms. It will hold harmless and indemnify Evasium and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

Notice specific to Software available in our Services
When a Service requires or includes downloadable software, this software may be updated automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Evasium gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Evasium as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Evasium, in the manner permitted by these Terms.
Any software that is made available to download from the Services is the copyrighted work of Evasium and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this web site, are licensed to you by the third parties that own such code.
Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Evasium Ltd hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

You will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person and you will pay us for any major losses that you cause. You shall defend, indemnify, and hold harmless us, our employees, contractors, directors, suppliers, affiliates, representatives and third party service providers from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to our Services and Content, or which otherwise arise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability
When permitted by law, Evasium and Evasium’s suppliers and distributors will not be responsible for lost profits, revenues or data, goodwill, financial losses or indirect, special, exemplary, punitive or consequential damages of any kind whatsoever. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages.
To the extent permitted by law, the total liability of Evasium and its partners for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services.
In all cases, Evasium and its partners will not be liable for any loss or damage that is not reasonably foreseeable.
You agree to release us and our partners, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of the Services.
Our sites, applications and their content are provided as is, as available, and with all faults. Although we will take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials on our Sites and Services, we do not guarantee or warrant that the site or materials that may be downloaded from the site are free from such destructive features. We are not liable for any damages or harm attributable to such features. We are not liable for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Sites and Services, nor for any claim, loss or injury that results from your use of the Services or your breach of any provision of these terms of use.

Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

No Waiver
Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver, provided by one of its authorized representatives.

Links to other Websites
Our sites contain links to other websites that may be of interest to you. We have no control over these other sites or their content. We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the sites.
Appuyage is a place with many third-party hyperlinks posted by users like you. You may therefore be able to access, download, store or use Third Party Services, resources, content or information via Appuyage. We are not responsible for the content or actions of any third party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. We are not responsible for:
  • The availability, accuracy or appropriateness of such Third Party Materials or
  • The products or services on or available from such Third Party Materials.
Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by us of Third Party Materials or any such third party services. We have no liability to you or any third party for any damage, harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials.

Links, Frames, and Metatags
You may link to any page of our sites as long as you do not do so in a false or misleading manner. You may not frame the content of our sites. You may not use metatags or any other "hidden text" that incorporates our Site's contents without our express written consent.

Services modifications and mutual rights of termination
We can each end this Agreement anytime we want. You can stop using our Services, at any time for any or no reason by following the instructions in your Account settings, and Evasium may also stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally for any or no reason. We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. The most current version can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. We’ll provide advance notice of major terms modifications within the applicable Service and via e-mail.
However, changes addressing new functions for a Service or changes made for legal reasons may be effective immediately.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

Governing Law and Jurisdiction
All matters relating to the execution, interpretation and performance of this agreement shall be governed by the laws of England and Wales.

Comments and Questions
If you have an issue or dispute about our Services, you agree to raise it and try to resolve it with us informally. You can contact us here or by emailing us at contact[at]appuyage.com with any feedback, concerns, comments or questions.