These Terms of Service apply to AppleByteCrunch.com, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the “Apple Byte Crunch”). As used herein, “we,” “us” and “our” refers to AppleByteCrunch.com (the “Apple Byte Crunch”).
These Terms of Service apply to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).
These Terms of Service and any other terms that appear on the page from which you were directed to these Terms of Service govern your use of this Apple Byte Crunch. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service will control. If you have purchased access to this Apple Byte Crunch through a third party (for instance, an online store that sells applications), such third party is not a party to these Terms of Service, and in the event of any conflict between the terms that apply to your purchase of the Apple Byte Crunch from such third party and these Terms of Service, such third party terms will control.
These Terms of Service may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of the Apple Byte Crunch is subject to the Terms of Service then in effect. Continued access to the Apple Byte Crunch by you following any modification in the Terms of Service will constitute your acceptance of the Terms of Service as modified. If you do not agree to be bound by all of the terms set forth below, do not use any Apple Byte Crunch.
APPLE BYTE CRUNCH PROVIDED “AS-IS, AS-AVAILABLE”
The materials comprising the Apple Byte Crunch are provided by the Apple Byte Crunch as a service to you for your noncommercial, personal use on an “as-is, as-available” basis. The materials may be used by you for informational purposes only. You acknowledge that you are using the Apple Byte Crunch at your own risk. Apple Byte Crunch may add features to or remove features from the Apple Byte Crunch at any time and from time to time in its sole discretion.
The Apple Byte Crunch assumes no responsibility for any errors or omissions in the materials comprising the Apple Byte Crunch. The Apple Byte Crunch makes no commitment to update the information on the Apple Byte Crunch. No advice or information given by the Apple Byte Crunch or any other party on the Apple Byte Crunch shall create any warranty or liability. Further, the Apple Byte Crunch is not responsible for any content transmitted or posted to the Apple Byte Crunch by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of the Apple Byte Crunch. (See below regarding “User Content.”)
The Apple Byte Crunch periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The Apple Byte Crunch shall have no liability for the resulting unavailability of the Apple Byte Crunch or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.
The Apple Byte Crunch makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Apple Byte Crunch, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Apple Byte Crunch makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on the Apple Byte Crunch or accessed via the Apple Byte Crunch, or that the Apple Byte Crunch will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall the Apple Byte Crunch, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with the Apple Byte Crunch, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.
All materials contained in the Apple Byte Crunch, including software, text, videos, photographs, images, sound files and other materials (collectively, “Content”), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast, copied, downloaded, streamed, duplicated, archived, uploaded, published, modified, translated or otherwise used in any manner except as specifically permitted under these Terms of Service, or with the express prior written permission of the Apple Byte Crunch, or, in the case of content licensed by the Apple Byte Crunch from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content. You may make one (1) occasional print or electronic copy of articles contained in the Apple Byte Crunch for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from the Content. Any third party materials transmitted or posted to the Apple Byte Crunch become the copyrighted property of the Apple Byte Crunch, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by the Apple Byte Crunch. If you violate these Terms of Service, your permission to access the Apple Byte Crunch terminates and you must immediately destroy any copies you have made of the Content.
The Apple Byte Crunch does not permit infringement of intellectual property rights on the Apple Byte Crunch. If you believe that any Content on the Apple Byte Crunch infringes your copyright or other intellectual-property rights, you may notify the Apple Byte Crunch by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to the Apple Byte Crunch at Info@AppleByteCrunch.com.
By accessing the Apple Byte Crunch, including without limitation, any digital service made available by the Apple Byte Crunch, you specifically acknowledge and agree that: (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) The Associated Press will not be liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit your use of AP materials or any portion thereof at any time.
IMPERMISSIBLE USES OF THE APPLE BYTE CRUNCH
You agree not to: (a) systematically retrieve data or other Content from the Apple Byte Crunch to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots” or otherwise; (b) use any trademarks, tradenames or other intellectual property of the Apple Byte Crunch or any other party from the Apple Byte Crunch as metatags on other websites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; or (d) delete or revise any material posted by another user. The following activities on the Apple Byte Crunch are expressly prohibited: (i) any use of the Apple Byte Crunch, which in Apple Byte Crunch’s sole judgment, degrades the reliability, speed, or operation of the Apple Byte Crunch or any portion of the Apple Byte Crunch or any underlying hardware or software thereof, (ii) any attempt to gain unauthorized access to the Apple Byte Crunch’s computer systems or networks; and (iii) any use of the Apple Byte Crunch which is unlawful or in violation of these Terms of Service.
The Apple Byte Crunch and all other trademarks, trade names, logos and other intellectual property owned by the Apple Byte Crunch are the property of the Apple Byte Crunch and cannot be used without the Apple Byte Crunch’s express prior written permission.
The Apple Byte Crunch may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the Apple Byte Crunch (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. The Apple Byte Crunch does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.
You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Apple Byte Crunch all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Apple Byte Crunch such as computer viruses, spyware, spiders, crawlers, data mining tools, bots, worms, bombs, or trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; or (i) violates the law or otherwise violates these Terms of Service.
In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Apple Byte Crunch to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Apple Byte Crunch and these Terms of Service; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Apple Byte Crunch and these Terms of Service; and (iii) it complies with these Terms of Service.
You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not the Apple Byte Crunch, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of the Apple Byte Crunch publishing such User Content. The Apple Byte Crunch does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, the Apple Byte Crunch shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Service or is otherwise objectionable, as determined by the Apple Byte Crunch in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to Info@AppleByteCrunch.com, and any promise by the Apple Byte Crunch to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of Apple Byte Crunch.
You agree to indemnify the Apple Byte Crunch and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Apple Byte Crunch, your transmission or posting of User Content, your unauthorized use of material obtained from the Apple Byte Crunch, your breach of these Terms of Service, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. The Apple Byte Crunch reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
By transmitting or posting User Content, you grant the Apple Byte Crunch the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the Apple Byte Crunch, in connection with the print or online edition of the Apple Byte Crunch or AppleByteCrunch.com, in connection with the Apple Byte Crunch’s (and our successors’) business, in connection with promoting and redistributing part or all of the Apple Byte Crunch (and derivative works thereof) without additional notice, approval, consent, compensation or attribution. You waive any moral rights you may have in the User Content. You also grant each user of the Apple Byte Crunch a non-exclusive license to access your User Content through the Apple Byte Crunch, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Apple Byte Crunch and under these Terms of Service.
USER ACCOUNTS AND PASSWORDS
To use certain optional features and functions of the Apple Byte Crunch, users may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.
You are responsible for actions undertaken by those using your user account(s) and password(s). The Apple Byte Crunch, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms of Service.
The Apple Byte Crunch may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if the Apple Byte Crunch determines that you have posted or transmitted infringing User Content more than once.
You may be able to use the Apple Byte Crunch to purchase optional goods or services by providing a valid credit card or other payment method (your “Payment Method”). By making such a purchase, you authorize the Apple Byte Crunch to bill your Payment Method. Unless expressly stated otherwise at the time of purchase, all purchases are final and nonrefundable. All currency references are in U.S. dollars.
In order to process your Payment Method, the Apple Byte Crunch may provide information regarding your Payment Method and user account to a third-party processor (the “Payment Processor”). The Apple Byte Crunch makes no representations about any Payment Processor’s privacy practices.
If a purchased good or service is subject to shipping, shipping methods and delivery times cannot be guaranteed. You agree that the Apple Byte Crunch is not responsible for any production or shipment delays beyond its control, including fire, accident, acts of God, strike, carrier delays, power, or system failure
All advertising on the Apple Byte Crunch is subject to the Digital Advertising Terms and Conditions or Programmatic Platform Terms and Conditions, as applicable, as modified from time to time. All classified advertising placed using the Apple Byte Crunch’s online ad placement service is subject to the Terms and Conditions of Use for the online ad placement system. The Digital Advertising Terms and Conditions, Programmatic Platform Terms and Conditions, and the Terms and Conditions of Use for classified advertising are part of these Terms of Service and are incorporated herein by reference.
Governing Law, Jurisdiction, and Choice of Forum
You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of the Apple Byte Crunch, shall be governed by and construed in accordance with the substantive laws of the State of New York and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.
The failure of the Apple Byte Crunch to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.
The section titles used in the Terms of Service are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms of Service.
If any portion of these Terms of Service is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties’ intention as reflected in that portion and the portion shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.
These Terms of Service constitute the entire agreement between you and the Apple Byte Crunch with respect to the subject matter hereof and supersedes any other agreements, written or oral.