Terms of service

On this page you'll learn that you own and control what you share and we want your experience to be perfect. We do ask that you treat our service and community with respect. If you ever stumble across anything that looks like it violates this simple rule, please let us know.

The ModernApp service are operated and managed by ModernApp Inc. (hereinafter referred to as "ModernApp"), a Delaware corporation. These Terms of Service govern your participation in the Services provided by ModernApp (hereinafter referred to as "ModernApp Services") as well as your use of the ModernApp website located at http://www.modernapp.com (the "Site"). By registering to use ModernApp, you agree to be bound by these Terms of Service. Your use of ModernApp is also subject to ModernApp's Privacy Policy, which is incorporated herein by this reference. If you do not agree to these terms and conditions, please do not register for or participate in the use of the ModernApp. ModernApp reserves the right to change the terms and conditions of these Terms of Service at any time and at its sole discretion. ModernApp further reserves the right to change any ModernApp Services, including eliminating or discontinuing any portion or feature thereof. Finally, ModernApp reserves the right to change any fees or charges affiliated with the Site. Below are specific terms related to your use of the ModernApp Services.

ModernApp

Parties' Responsibilities

Your content belongs to you. You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of ModernApp's specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies. ModernApp reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads or Links, or any engagement in any activity prohibited by this Agreement. ModernApp is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and ModernApp. In addition, ModernApp shall not be obligated to provide notice to You in the event that any Ad or Link is not being displayed properly to end users of the Property(ies).


Using to the Service

In the framework of the use made of the service, the user shall expressly refrain from:

  • Creating or managing multiple ModernApp accounts, unless given express permission from ModernApp to do so;
  • Automating the creation of accounts programmatically unless given permission by ModernApp to do so;
  • Publishing any content that is illegal, harmful, threatening or improper, that constitutes harassment, that is defamatory, vulgar or obscene, that threatens another person's privacy, or that is hateful, racist or in any other way reprehensible;
  • Publishing any content that contravenes the national and international laws in force;
  • Publishing any content that infringes any patent, registered trademark, manufacturing secret, intellectual property right or any other right of property belonging to other people;
  • Collecting and storing personal data relating to the other users

Copyright Policy

ModernApp respects the intellectual property rights of others. It is ModernApp's policy that it will respond expeditiously to a legitimate claim of copyright or other intellectual property infringement. ModernApp will promptly process and investigate any notice of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of a notice complying or substantially complying with the DMCA, ModernApp will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. ModernApp will terminate access for subscribers and account holders who are repeat offenders.

To provide ModernApp with notice of infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Department" at copyright@modernapp.com that provides the information specified by the DMCA (for more information, please visit: http://www.copyright.gov/legislation/dmca.pdf). Please note that, under the DMCA, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

If ModernApp removes or disables access to the content in response to an infringement notice, ModernApp will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that such removal was improper, you may provide ModernApp with a counter-notification by written communication to the "DMCA Infringement Notification Department" at copyright@ModernApp.com that provides the information required by the DMCA (for more information, please visit: http://www.copyright.gov/legislation/dmca.pdf). Again, please note that under the DMCA, you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain that an activity constitutes infringement, ModernApp recommends that you seek an attorney's advice.


No Guarantee

ModernApp makes no guarantee regarding the level of impressions of Ads or clicks on any Ad or Referral Button, the timing of delivery of such impressions and/or clicks, or the completion of Referral Events under this Agreement. In addition, for the avoidance of doubt, ModernApp does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond ModernApp's (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Google (or its wholly owned subsidiaries) or Your servers are located or co-located.


No Warranty

ModernApp MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND LINKS, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT ADS, AND LINKS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-ModernApp CONTENT, ModernApp SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS AND LINKS.


Report Content Policy

ModernApp will temporarily remove flagged content from the Site, making it invisible to the user reported for this time period. The flagged content will undergo a 72 hour review process, after which the content is either removed permanently or restored.


Limitation on Liability

IN NO EVENT WILL ModernApp BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (including lost profits and lost data), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (i) US $100, OR (ii) THE FEES PAID BY YOU TO ModernApp ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF ModernApp WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.


Indemnity

By accepting these Terms and Conditions, you agree to indemnify and hold ModernApp and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim or expense (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms of Service, or your violation of the rights of a third party or any law.


Links and References

The ModernApp site contains links and/or references to websites operated by unrelated third-parties. These links and/or references are provided for the convenience and reference of ModernApp's users. ModernApp does not control these sites nor is it responsible for their contents. ModernApp's inclusion of such links and/or references does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from these sites. If you decide to leave this Site and access any third-party site, you do so at your own risk. ModernApp does not control or review the usage terms or privacy practices of the linked sites.


Governing Law and Venue

In the event of any dispute about or involving the Site or ModernApp, you agree that the dispute will be governed by the laws of the State of Delaware as they apply to residents situated within the state. You further agree to the exclusive jurisdiction and venue of the state and federal courts of Delaware, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that ModernApp may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action brought by you with respect to the Site must be brought within one year after such cause of action arose or be forever waived and barred.