The following terms and conditions (the “Agreement”) govern all use of the www.phpfoxapps.com website (the “Site”) and services available at the Site (taken together with the Site, the “Service”). The Service is a market place for Phpfox applications (“Applications”) and is owned and operated by phpfoxapps.com. The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by phpfoxapps.com.
BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
Phpfoxapps.com reserves the right to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
1. MEMBERSHIP ACCOUNT; SECURITY.
As a condition to using certain products and services of the Service, User may be required to register with Phpfoxapps.com and select a password and User name (“Phpfoxapps.com User ID”). User shall provide Phpfoxapps.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Phpfoxapps.com User ID a name of another person with the intent to impersonate that person; or (ii) use as a Phpfoxapps.com User ID a name subject to any rights of a person other than User without appropriate authorization. Phpfoxapps.com reserves the right to refuse registration of, or cancel a Phpfoxapps.com User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Phpfoxapps.com password and other account information.
Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s personal use. Phpfoxapps.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Phpfoxapps.com may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to Phpfoxapps.com that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Phpfoxapps.com reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Phpfoxapps.com server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Phpfoxapps.com’ systems or networks, or any systems or networks connected to the Service or to Phpfoxapps.com.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
3. FEES AND PAYMENT.
Some products and services of phpfoxapps.com may require payment of fees. User shall pay all the fees that applicable. Phpfoxapps.com reserves the right to change its price lists and to institute new charges at any time.
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Phpfoxapps.com directly at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Phpfoxapps.com in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Phpfoxapps.com.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Phpfoxapps.com or its content suppliers and protected by international copyright laws. The compilation of all content on the Site is the exclusive property of Phpfoxapps.com and protected by international copyright laws. All software used on (or provided through) the Site is the property of Phpfoxapps.com and protected by international copyright laws.
5. WARRANTY DISCLAIMER.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PHPFOXAPPS.COM MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. IN ADDITION, PHPFOXAPPS.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APPLICATIONS. USER ACCESSES AND USES THE APPLICATIONS AT USER’S OWN RISK. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL PHPFOXAPPS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). In addition, Phpfoxapps.com shall not be liable for any loss or liability resulting, directly or indirectly, from (A) AND OF THE APPLICATIONS, OR (B) User’s inability to access or otherwise use the Site (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems or utility failures. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Phpfoxapps.com may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice (which may be via email) thereof to User. Upon termination notice from Phpfoxapps.com, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.