NUBERA EBUSINESS TERMS OF SERVICE
Information of the company that manages the websites getapp.com, appstorm.net, appappeal.com, cloudwork.com
These Nubera eBusiness Terms of Service (the “Terms of Service”) describe the terms pursuant to which Nubera eBusiness S.L (“Nubera eBusiness”, “we” or “us”) offers you access to services offered by Nubera eBusiness including, but not limited to, services provided at or using the domains www.getapp.com, www.appstorm.net, www.appappeal.com, www.cloudwork.com (the “Sites”); software, tools or applications including, but not limited to, cloud-based, desktop, mobile and other software applications related to the Sites (the “Applications”); and images, text, metadata, postings, and other material available through the Service (the “Content”) (collectively, the “Service”). These Terms of Service apply when you access, visit or use any portion of the Service or access any of the Content. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE OR THE CONTENT.
- ABOUT THE SERVICE
1.1. The main contents and services that the Nubera eBusiness provides through the Sites are as follows:
2.1. The Service is intended solely to non-consumers who are 18 or older, for professional purposes only. Any access to or use of the Site or Service by anyone under 18 is expressly prohibited. By accessing or using the Site or Service you represent and warrant that you are 18 or older.
- ACCEPTANCE OF THE TERMS OF SERVICE
3.1. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service or the Content or create a Nubera eBusiness Account (as defined below). Please read these Terms of Service carefully because they govern your access to and use of the Service and the Content and set forth legally binding terms applicable to your use of the Service and the Content.3.2. Some of the above-mentioned services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the services offered on the Website at any time, shall be referred to as “Specific Conditions”.
4.1. We may amend these Terms of Service from time to time. You may be required to accept the amended Terms of Service upon logging in to your Nubera eBusiness Account in order to continue using the Service. Alternatively, we may post any material changes to these Terms of Service on the Sites with a notice advising of the changes in advance of the effective date of the changes. We may also notify you of material changes to these Terms of Service by sending an email to the email address associated with your Nubera eBusiness Account (as defined below) before the effective date of the changes. We encourage you to keep the email address associated with your Nubera eBusiness Account current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms of Service.4.2. If you do not agree to the new terms, you may terminate your Nubera eBusiness Account within the applicable thirty (30) day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.
- NUBERA EBUSINESS ACCOUNTS AND REGISTRATION
- PROHIBITED USER CONDUCT
6.1. While using the Service, you agree not to engage in any of the following prohibited activities:
- CONTENT AVAILABLE AND OWNERSHIP OF THE SERVICE; RESTRICTIONS
7.1. Our Sites include a combination of content that we create, that our partners or advertisers create, and that our users create. You agree that Nubera eBusiness and its licensors, partners or users own all rights, title and interest in the Service, the Content, and all intellectual property rights thereto, including names, logos and symbols and related names (“Intellectual Property”) that are protected by our intellectual property (copyright) or industrial property rights (such as trademarks) or those of our partners or Users.7.2. Neither Nubera eBusiness nor any of its partners or Users grants you a license nor use authorization over its intellectual or industrial property rights or over any other right or property concerning the Site, its Services or its contents. Thus you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly communicate, or in any way exploit any of the materials or content on our Sites in whole or in part.7.3. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Sites (“Your Content”). You certify that you own all intellectual and industrial property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, publicly communicate and distribute Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Sites, (ii) distributing Your Content, either electronically or via other media, to Users (iii) creating advertising campaigns with your content such as, but not exclusively, advertising or remarketing users on third party sites.
- USE OF THE CONTENT
8.1. The Service may enable you to obtain, use, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, noncommercial entertainment use. The Content may be owned by Nubera eBusiness or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any Application or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.8.2. In order to use the Service, Application Providers grant to Nubera eBusiness a non-exclusive, royalty-free, worldwide license, in connection with all content and Applications that publish in our Sites, to: (i) use, copy, adapt, reformat, recompile, communicate by telecommunication, truncate, edit, and/or modify any part of the information for public performance, public display, and distribution, (ii) access, index, and cache the website(s) to which your ads link, or any portion thereof, by any means, including web spiders and/or crawlers, (iii) create and display in connection with your ad copies of any text, images, graphics, audio, or video on the websites to which your ads link, and (iv) use this Content for advertising on third party networks including but not limited to Google, DoubleClick, Bing or Criteo services.8.3. Nubera eBusiness will not have any liability for those ads or information. We may refuse, reject, cancel, or remove any ad, information, or space reservation at its discretion at any time. Ads from Application Providers may be subject to inventory availability, and the final decision as to ad relevancy is at our discretion.8.4. Nubera eBusiness do not guarantee that ads from Application Providers will be placed in, or available through, any specific part of our Sites, nor do we guarantee that those ads will appear in a particular position or rank.
- PERSONAL USE ONLY
9.1. You represent, warrant and agree that you are using the Service hereunder for your own personal, noncommercial use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, communicate to the public, publicly perform, publicly display, or otherwise transfer or exploit any Content obtained through the Service.
- NO REVERSE ENGINEERING
10.1. You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Service or Content.
- NO COPYRIGHT INFRINGEMENT
11.1. You agree not to make any use of the Service or Content that would infringe the copyright therein.
- REMOVAL OF CONTENT
12.1. Nubera eBusiness and/or the owners of the Content may, from time to time, remove Content from the Service without notice.
- USER FEEDBACK
13.1. Nubera eBusiness welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials on our Sites or via email, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with Nubera eBusiness, you acknowledge and agree that: (i) the suggestions or feedback you provide will not contain confidential or proprietary information; (ii) Nubera eBusiness is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (iii) Nubera eBusiness shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (iv) Nubera eBusiness may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (v) the suggestions and feedback you provide will automatically become the property of Nubera eBusiness without any obligation of Nubera eBusiness to you and you hereby assign all of your rights in the suggestions and feedback to Nubera eBusiness; (vi) you are not entitled to any compensation or reimbursement of any kind from Nubera eBusiness under any circumstances, and (vii) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to Nubera eBusiness.
- LINKS TO THIRD PARTIES SITES
14.1. The Service contain links to other Internet sites owned and managed by third parties (“Third Party Sites”), with the aim of enabling access to information and advertising campaigns available on the internet. Nubera eBusiness makes no representation whatsoever about any Third Party Sites which you may access from our Sites. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes of content on them. Our inclusion on our Sites of any third-party content or a link to a third-party site is for informational purposes only and is not an endorsement of that content or third-party site, that there is a commercial or any other relationship between Nubera eBusiness and the owners of such Third Party Sites or that Nubera eBusiness accepts any responsibility in relation to such Third Party Sites.14.2. When we can obtain a special offer for our users, we may offer a coupon whereby our users can buy a product or service that we list, review or advertise on our Sites. We disclaim any responsibility for or liability related to any of those products and services. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and the relevant third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any product order, licenses, third party warranties, questions, complaints, or claims related to any product or service take place between you and the vendor and should be directed to the appropriate vendor.14.3. As a regular part of our business, Nubera eBusiness displays advertisements and listings from a wide variety of companies. Nubera eBusiness is not in a position to arbitrate disputes between the owners of intellectual property rights and companies who advertise or list their products on our Sites.
- DISCLAIMER OF WARRANTIES
15.1. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUBERA EBUSINESS AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ALL OWNERS OF THE CONTENT (COLLECTIVELY, THE “NUBERA EBUSINESS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE NUBERA EBUSINESS PARTIES DO NOT WARRANT THAT USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE CONTENT WILL BE CORRECTED, THAT THE SERVICE OR CONTENT OR THE SERVERS THAT MAKE THE SERVICE AND THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OF THE SERVICE OR THE CONTENT ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.15.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE NUBERA EBUSINESS PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSFER ANY CONTENT OR PERSONALIZATION SETTINGS.
- LIMITATION OF LIABILITY
16.1. YOU UNDERSTAND AND AGREE THAT THE NUBERA EBUSINESS PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A NUBERA EBUSINESS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE CONTENT.
- SUSPENSION OF ACCESS
17.1. Please report problems and policy violations to us by sending us an email at [email protected] We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and Nubera eBusiness Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
18.1. You agree to indemnify and hold the Nubera eBusiness Parties harmless from any claim or demand, including, among others, reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
- CHOICE OF LAW AND FORUM
19.1. The laws of Spain apply to these Terms of Service and to your relationship with the Nubera eBusiness Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce these Terms of Service in the federal or state courts located in Barcelona, Spain. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Barcelona, Spain
- WAIVER AND SEVERABILITY
21.1. Headings are for reference purposes only and do not limit the scope or extent of such section.
- ENTIRE AGREEMENT
22.1. These Terms of Service (including incorporated policies and rules and, when applicable, the Specific Conditions) set forth the entire understanding and agreement between us with respect to the subject matter hereof.
- INDEPENDENT CONTRACTOR
23.1. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
- Copyright Infringement Claims.
Nubera respects the intellectual property rights of others and will not tolerate infringing activity on the site. If you are a copyright owner or agent, and you believe any content posted on the site infringes your copyright, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512) by providing Nubera’s Designated Copyright Agent at “[email protected]” with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of specific material to be removed, which is claimed to infringe or to be subject of infringing activity, and its location;
- Your contact information, including phone number, and, if available, an e-mail address at which you may be contacted;
- Your good faith statement that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.
Note: Nubera reserves the right to seek damages from any person who knowingly materially submits a notification claim under this section in violation of the law.
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