Developer Terms & Conditions
Mind Juice Media Inc., (“Mind Juice”) operates freeAppCalendar.com (the "Site") to provide developers with marketing services for iPhone-OS-based games and applications (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
Mind Juice reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for promoting your iPhone-OS-based games and applications. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Mind Juice reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S., Canadian and/or foreign copyright laws, and belong to Mind Juice or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Mind Juice or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Mind Juice will, however, make several logo images available specifically for you to use in promoting your applications in relation to the Site.
4. Application Substitution
If one of your applications is chosen to be featured as the "Featured FREE App of the Day" on a given date, you have the responsibility to set your application`s price to free in a timely manner. If your application is not marked as free on the United States iTunes App Store by 1:00am Pacific Standard Time (or 1:00am Pacific Daylight time during daylight savings), then Mind Juice reserves the right to remove your application from the App Calendar for that day and substitute another free app without notice to you. Mind Juice shall have no liability to you in this case, regardless of the reason for your application`s price not being set to free.
5. Site Availability
If the Site is unavailable for access over the Internet for any reason, including, but not limited to accidental data loss, technical problems, act of God or any other reason, Mind Juice shall have no liability to you for any loss or perceived loss of business or income. If an application was supposed to be the "Featured FREE App of the Day", and the site is unavailable for more than 12 hours on that day, then Mind Juice will make its best effort to contact to you to arrange to re-feature the application at the soonest available opportunity (usually within 7-14 days).
The duration of any advertisements which are scheduled to show on the Site, and during the which the site is unavailable, will be extended by one day for each day that the Site is unavailable for 12 or more hours. No refunds on the cost of the advertisement shall be given due breaks in the Site`s availability or the availability of advertisements, nor shall Mind Juice have any liability to you in this case. The extension of the duration of the advertisement, as described above, is your sole remedy.
6. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Mind Juice of the third party, the third-party web site, or the information contained therein. Mind Juice is not responsible for the availability of any such web sites. Mind Juice is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Mind Juice affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
7. Linking to this Site
If you would like to link to the Site, you must follow Mind Juice’s link guidelines. Unless specifically authorized by Mind Juice, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
8. Downloading Files
Mind Juice cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
9. Advertising Restrictions
The Site provides several different advertising opportunities where the pricing is based partially on whether the advertised application is free or has a cost. You agree that if you purchase an ad for an application that is free, that you will not increase the cost of the application for the duration of the advertisement. You further agree that if you purchase an ad for an application that has a cost, that you will not reduce the cost of the application to zero or free for the duration of the advertisement. Breach of this condition will result in the immediate cancellation of the remainder of your advertisement, with no refund to you.
Mind Juice reserves the right to review the content of every advertisement and may, at its option, reject any advertisement and issue a full refund to you, less any applicable PayPal charges incurred by Mind Juice. If you believe that the content of a proposed advertisement may be considered controversial or objectionable, it is recommended that you contact Mind Juice prior to purchasing any advertisement.
10. Disclaimer of Warranties
MIND JUICE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MIND JUICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MIND JUICE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MIND JUICE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
11. Limitation of Liability
IN NO EVENT WILL MIND JUICE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MIND JUICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MIND JUICE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
12. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Mind Juice, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
13. Privacy
Click here to see the Mind Juice Privacy Policy for freeAppCalendar.com.
14. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
15. Unsolicited Idea Submission Policy.
Mind Juice or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Mind Juice’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Mind Juice or anyone at Mind Juice. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Mind Juice, without any compensation to you; (2) Mind Juice will have no obligation to return your idea to you or respond to you in any way; (3) Mind Juice will have no obligation to keep your idea confidential; and (4) Mind Juice may use your idea for any purpose whatsoever, including giving your idea to others.
However, Mind Juice does welcome feedback regarding this site that will help satisfy customer’s needs, and feedback can be provided through any of the listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.
16. User Supplied Information
Mind Juice does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Mind Juice the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
17. Password Security
If you register to become a freeAppCalendar.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
18. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Mind Juice of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Mind Juice therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Mind Juice does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Mind Juice’s Privacy Policy, your use of the Site, any other Mind Juice web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the Province of British Columbia, Canada, without regard to any conflict of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), or pursuant to the equivalent copyright laws in other countries, notifications of claimed copyright infringement should be sent to info@mindjuice.net.
