Terms of Use

This User Agreement (or "Agreement") is a legal agreement between you and 16apps.com ("16apps" or "us") governing your participation on the 16apps site. By using or accessing the 16apps site, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use 16apps.

We can amend this Agreement by posting the amended terms on 16apps.com, which take effect when we post them. By continuing to access or use the 16apps site after any such amendment, you agree to be bound by the terms of the amended Agreement.

A Note About Minors. The 16apps site is not targeted towards, nor intended for use by anyone under the age of 17. By using the 16apps site, you represent and warrant that you are 17 years of age or older. If you are not at least 17 years of age, do not use or access the 16apps site.

Content. 16apps provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. The products listed on the 16apps site are sold by third party merchants, and are not sold by 16apps.

16apps does not sell, resell or license any products listed on the 16apps site, nor is 16apps acting as an agent of sale. 16apps disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller. 16apps is not affiliated with Apple, Inc. ©, iTunes ©, or the iTunes App Store ©.

16apps does not warrant that product descriptions, pricing, editorial commentary or any other content of the 16apps site, regardless of its source, is accurate, complete, reliable, current or error-free. 16apps site content is provided for informational purposes only and does not constitute an endorsement by 16apps of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). 16apps assumes no liability for inaccuracy or incompleteness in its search results, editorial content or other content on the 16apps site.

Participating merchants and other third parties may pay 16apps to be presented on the 16apps site or to have their product or service offerings placed higher in our search results, and may also purchase research from 16apps.

All right, title, and interest in and to the 16apps site, and any other content appearing on the 16apps site, will remain the exclusive property of 16apps and its licensors.

Content Submission. By contributing or submitting any content to the 16apps site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant 16apps a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of 16apps, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. 16apps reserves the right to change, condense or delete any content on the 16apps site that 16apps deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references addresses, email addresses or phone numbers; or that contains any computer viruses, worms or other potentially damaging computer programs or files.

You retain all ownership rights to information, text, graphics, or other materials you publish on the 16apps site. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the 16apps site at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes.

Copyrights. All content available on the 16apps site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by 16apps, with all rights reserved, or is the property of 16apps or third parties protected by intellectual property rights.

If you believe content on the 16apps site infringes your copyright, you should send notice of copyright infringement to 16apps. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information: 1.) An identification of the copyrighted work claimed to have been infringed; 2.) An identification of the material that you claim is infringing so that we may locate it on the site; 3.) Your address, telephone number and email address; 4.) 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; 5.) A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; 6.) Your signature

Upon receipt of notice as described above, 16apps will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the 16apps site.

Trademarks. 16apps is not in a position to arbitrate trademark disputes between the advertisers on the 16apps site and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, 16apps does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the 16apps site, and trademark owners should contact third party sites directly to resolve trademark disputes.

Other Rules. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that 16apps has no obligation to monitor your access to or use of the 16apps site, but has the right to do so for the purpose of operating the 16apps site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the 16apps site or collect information from it.

Indemnity. By choosing to use the 16apps site, you agree to indemnify 16apps, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the 16apps site; or of your use of or connection to the 16apps site; your violation of the User Agreement; or, your violation of any rights of another.

Release. Because we are a venue, in the event that you have a dispute with one or more users of the 16apps site, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge 16apps, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes.

Liability Limits. 16APPS AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH 16APPS AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Integration. This Agreement constitutes the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

Disclaimer of Warranties. THE 16APPS SITE AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The 16apps site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the 16apps site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold 16apps liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the 16apps site. In addition, 16apps does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the 16apps site constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by 16apps, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the 16apps site. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by 16apps.