The following conditions apply to the use of the Appnift Application.
2. If you do not agree to these terms, please do not use the Services.
3. Modification. Appnift may change these Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Application or Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.
6. Acts against the Services: Appnift hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Appnift solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (c) emulating or faking usage of the Services; (d) violating or attempting to violate any security features of the Services; (e) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Application; (f) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (g) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "pinging," or "crashing" the Services; (h) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Appnift; (i) tampering with the operation, functionality, or the security of the Services; (j) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (k) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (l) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (m) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (n) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (o) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services; (p) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (q) deep-linking to any portion of this Services without our express written permission; (r) acting illegally or maliciously against the business interests or reputation of Appnift or the Merchants promoted via the Services; (s) hyperlinking to the Services from any other website without our initial and ongoing consent; (t) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Appnift; (u) reselling or repurposing your access to the Services or any purchases made through the Services; or (v) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Appnift to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Appnift, including without limitation, aggregating current or previously offered deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
7. Content - Information Accuracy: Appnift makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, rebates, discounts, etc. posted via the Services or that any third party will honor or acknowledge any such offers, rebates, discounts, etc. posted via the Services. Appnift is not responsible for providing any value for any offers, rebates, discounts, etc. posted via the Services. Appnift is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use. You understand that Appnift does not and cannot review all material made available through websites linked or linking to any part of the Services. Appnift does not warrant that the Services or any functions contained in the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. Appnift makes no representation or warranty, express or implied, regarding the quality, merchantability or fitness for purpose of any products or services posted via the Services. In no event shall Appnift, its directors, shareholders, managers or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's offers, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Appnift was given actual or constructive notice that damages were possible.
8. Linking: Where we provide hypertext links to other locations on the internet, we do so for convenience and information purposes only. We have not verified, and are not responsible for, the content of any other websites or pages linked to or linking to the Services.
9. Trademark Information
You agree that all of Appnift's trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "Appnift",) that are displayed via the Services (collectively, the "Marks") are trademarks and the property of Appnift. You agree not to display or use Appnift's Marks in any manner without Appnift's prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Appnift has any relationship with that third party or that such third party endorses the Services or Appnift.
10. Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Appnift or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Appnift or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Appnift, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Appnift owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Appnift and its licensors irreparable injury, which may not be remedied at law, and you agree that Appnift and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
11. Infringement Notification: If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Appnift the following information in a written communication (preferably via email):
(i) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Appnift to locate the material on the Application;
(iii) Information reasonably sufficient to permit Appnift to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights.
12. Disclaimer, Release, & Limitation of Liability
(i) Disclaimer: The services are provided by Appnift on an "as is" and "as available" basis. Appnift makes no representations or warranties of any kind, express or implied, as to the operation and accuracy of the services or the information, content, materials, or products available via the services. You expressly agree that your use of the services is at your sole risk.
To the full extent permissible by applicable law, Appnift disclaims all warranties, express or implied, including, but not limited to, implied warranties of correctness, merchantability and fitness for a particular purpose. Appnift does not warrant that the services, its servers, etc. are free of viruses or other harmful components.
(ii) Release: You are solely responsible for your interactions with Merchants. You hereby release Appnift from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
(iii) Limitation of Liability: Appnift will not be liable for any damages of any kind arising from the use of these Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
13. Law and Forum for Legal Disputes: These Terms or any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the United Arab Emirates as applicable to the Emirate of Dubai. Notwithstanding the above, you agree that Appnift shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14. Indemnities: You acknowledge and agree to indemnify and hold Appnift, its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of these Terms, the infringement by you, of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Services.
15. Termination of Service: Appnift disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Appnift reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
16. Miscellaneous: These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Appnift may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
17. Assignability: These Terms and Conditions are fully assignable by Appnift and will be binding upon and inure to the benefit of Appnift's successors and assigns.