This web site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us immediately. This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality; safety or legality of the items listed the truth or accuracy of the listings. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. This web site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can.
RIGHTS TO SUSPEND OR TERMINATE.
You agree that this web site, in its own discretion, may terminate any auction or use of the service immediately and without notice. In addition and where due we will fine, sue and or report the violator to the FCC where: (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder (e) We believe you surreptitiously misled customers to buy misleading applications. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
For application under $10 there is a $0.05 processing fee. So for instance to get a refund on a $0.99 application, your refund amount will be $0.94. There is a $0.30 processing fee on all applications greater than $10.00. For instance to get a refund on a $13.00 application, your total refund amount would be $12.70
FOR A SINGLE USE APPLICATION
(download and play application) you have 30 minutes from the time of download to return an application and be refunded. The necessary questionnaire on the quality and why you are returning an application is necessary in other to be considered for a refund.
FOR EXCLUSIVE LICENSE SALES
(exclusive rights to resell, modify or sell an application as single use), refunds are rarely issued as customers already have access to the source code make sure you have read the application license description and communicated with the developer effectively about the application before buying. To protect the intellectual property of developers, once the source codes are received by buyers, refund are only issued under extenuating circumstances. Refunds are assessed only when there is proof that the application license purchased was not as represented. For example when there is no source code or if the actual application differs drastically from what is advertised. This is the most extreme hypothetical situation, because we rigorously screen all application that is for sale with licenses. If in the event we find that there is a fault in the source code, we will take extra measure to contact the developer and make sure any mistakes are corrected. You have up to 3 business days to request a refund only under the eligible reasons. To further your request, be prepared to prove your case.Developers are given 3 business days or 72hrs to respond to the refund request. If the developer does not respond we review the source code and determine if your case is valid. Only in the event that the source code cannot be fully provided or corrected to satisfy the initial representation of the application, we will then refund to the customer.
CONDITIONS OF USE
Welcome to AppsBidder.com. AppsBidder Services and/or its affiliates ("AppsBidder") provide website features to you subject to the following conditions. If you visit or shop at AppsBidder.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future AppsBidder service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of applications does not violate any applicable laws or regulations.You must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, sexually explicit material, nudity abusive, threatening, hateful, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. If such activity is discovered we will terminate the associated accounts and report the persons involved to the appropriate authority.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under16) to register. If any member fails to sign-up with their correct age the account will be terminated immediately. Your membership on this site means that you accept the general terms, end user agreement (EULA), single use license agreement and the exclusive and non-exclusive license agreements for ownership transfers.
As software Vendors on AppsBidder, you are independent content Contractors. You may terminate your contract at anytime and we reserve the right to terminate your right to sell software on AppBidder.com. You are responsible for paying all applicable taxes on your earned income. Appsbidder simply provides a digital market service for you to trade. The minimal fee charged for this service does not include any taxes that you may be responsible for.
These Terms of Service shall be governed by and constructed in accordance with the laws of the United States and wherever it applies.
By visiting AppsBidder.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AppsBidder.
Please review our Privacy Notice, which also governs your visit to AppsBidder.com, to understand our practices.
When you visit AppsBidder.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AppsBidder or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of AppsBidder and protected by U.S. and international copyright laws. All software used on this site is the property of AppsBidder or its software suppliers and protected by United States and international copyright laws.
AppsBidder respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
AppsBidder, AppsBidder.com, AppsBidder.com & Design. Other AppsBidder.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of AppsBidder in the U.S. and/or other countries. AppsBidder's trademarks and trade dress may not be used in connection with any product or service that is not AppsBidder's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AppsBidder. All other trademarks not owned by AppsBidder that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AppsBidder.
One or more patents owned by AppsBidder apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents. Click here to see a non-exhaustive list of applicable AppsBidder patents and applicable licensed patents.
LICENSE AND SITE ACCESS
AppsBidder grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AppsBidder. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AppsBidder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AppsBidder without express written consent. You may not use any meta tags or any other "hidden text" utilizing AppsBidder's name or trademarks without the express written consent of AppsBidder. Any unauthorized use terminates the permission or license granted by AppsBidder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AppsBidder.com so long as the link does not portray AppsBidder, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AppsBidder logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AppsBidder does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use AppsBidder.com only with involvement of a parent or guardian. AppsBidder reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. AppsBidder reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant AppsBidder a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AppsBidder and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AppsBidder for all claims resulting from content you supply. AppsBidder has the right but not the obligation to monitor and edit or remove any activity or content. AppsBidder takes no responsibility and assumes no liability for any content posted by you or any third party.
AppsBidder attempts to be as accurate as possible. However, AppsBidder does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by AppsBidder itself is not as described, your sole remedy is to see if you qualify for a refund
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the application itself, suggested by the developer or vendor, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured application offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain application that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the merchant may provide the List Price.
With respect to applications sold by AppsBidder, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the applications in our catalog may be mispriced. If an application's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by AppsBidder. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Parties other than AppsBidder operate stores, provide application services, or sell applications on this site. Businesses and individuals offer applications in Auctions. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. AppsBidder does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AppsBidder ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AppsBidder MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AppsBidder DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AppsBidder DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM AppsBidder ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AppsBidder WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to AppsBidder.com or to products or services sold or distributed by AppsBidder or through AppsBidder.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in New York and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to AppsBidder.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
55 Clark Street
Brooklyn NY 11201
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AppsBidder.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AppsBidder that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AppsBidder.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
AppsBidder.com Legal Department
address New York, NY
AppsBidder.com Legal Department
address New York, NY