The actcv.com website located at actcv.com("Site/Client") is comprised of web pages containing information provided by us("we", "our" or "us").Your access to the Site is offered to you conditioned on your acceptance of these Terms of Service together with our statement of privacy practices, which is incorporated herein by this reference and found at ("Terms"). Please read these Terms carefully before accessing or using the Site/Client.By accessing the Site/Client or registering with the Site/Client, you agree to be bound by these Terms. If you do not wish to be bound by these Terms,do not register for, access or use the Site/Client. We reserve the right to change these Terms (including the privacy statement) at any time, see Section 1 for more information.
1.Changes to These Terms
Please note that we reserve the right to change these Terms at any time upon notice. We may give notice by posting updated Terms on the Site/Client, or sending you an email, or by any other reasonable means. You can review the most current version of Terms at any time at actcv.com. The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Site/Client.Your continued use of the Site/Client after the effective date will constitute your acceptance of the updated Terms.You agree that you will periodically return to the Site/Client and review the Terms to ensure that you are familiar with the most current version of the Terms.
2.Changes to the Site/Client
You may use the Site/Client if and when it is available. We do not guarantee availability of the Site/Client or any particular feature. A particular feature may be a pre-release version and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release it. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Site/Client at any time without notice.
3.Additional Terms
We may present additional terms when you use certain portions or features of the Site/Client. Unless set forth otherwise in those additional terms,those additional terms are a part of these Terms and, if there is a conflict between the additional terms and the most current version of these Term posted on the Site/Client,the additional terms will govern.
4.Site/Client Use
The Site/Client contains mobile apps and games. You agree to use the Site/Client only to download apps and games. You are responsible for and represent and warrant to us that you will comply with the 9Apps Code of Conduct and that your use of the Site/Client will comply with the Code of Conduct, these Terms, and all applicable local,state,agency and national laws, rules and regulations. If we suspect violations of these Terms, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with us in investigating suspected violations by you or others,unless applicable law prohibits us from requiring you to cooperate. We reserve the right to install, implement, manage, and operate one or more software,monitoring, or other solutions designed to assist in identifying or tracking activities that we consider to be illegal or a violation of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms and any other activities that may subject us or our users to harm or liability.
5.Content
All information, apps, games and other materials that are provided through this Site/Client (Content") are originated from the third party. You may not modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Site or any Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.
6.Third Party Websites
The Site/Client or the apps in the Site/Client, may contain links to third party websites or clients("Linked Sites/Client").The Linked Sites/Client are not under our control and we are not responsible for any Linked Site, including any content contained in a Linked Site or any changes or updates to a Linked Site. We provide links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
7.No Warranties
To the maximum extent permitted by applicable law, the Site and Content are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. actcv.com, its suppliers, and licensors DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement.In particular, actcv.com, its suppliers, and licensors make no warranty that the Site or Content: (A) will meet your requirements;(B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) any information or content obtained through the SITE will be accurate, complete, or reliable; or (D) that any defects or errors therein will be corrected. All Content you download or obtain through the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You may have additional rights under your local laws that THESE TERMS cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into this document but actcv.com’S liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation.
8.Disclaimer of Certain Damages
In no event will actcv.com, ITS suppliers, or licensorS be liable for any consequential, special, incidental, indirect, OR punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, even if actcv.com, IT supplierS, or licensorS HAVE been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential DAMAGES, LOSS, or LIABIlity FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 12 will be interpreted AS excluding liability which cannot under applicable law be excluded In those jurisdictions. If you LIVE, or are otherwise subject to the laws IN one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, the limitations AND exclusions IN THIS SECTION 12 may not apply to you.
9.Limitation of Liability and Exclusive Remedies
To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoN 12, actcv.com’S and its suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these Terms, the Site, or Content will be to recover the actual damages you incur based upon reasonable reliance on the Site or Content up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site or Content will not enlarge or extend the limitation of money damages.
Some jurisdictions do not allow certain DAMAGE LIMITATIONS SUCH AS the LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 13 will be interpreted as excludING liability which cannot under Applicable law be excluded. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU.
10.Independent Remedies
The exclusion of damages under Section 12 is independent of your exclusive remedy in Section 13 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12 and 13 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
11.Indemnity
You hereby agree to defend, indemnify, and hold us, our directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any Submission made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use of the Site/Client and Content; (c) any violation by you of these Terms; or (d) your violation of any another party’s rights or applicable law.
12.Notice and Takedown Procedures
You agree to respect the intellectual property rights and other rights of actcv.com and third parties. If you believe that copyright has been infringed by materials on the Site/Client, please provide us the written information specified below. 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;
Your address, telephone number, and email 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.
After receiving notice, we may remove or disable access to any infringing or defamatory material. We have the right to terminate your access to the Site/Client and Account for infringement of our or another other party’s rights.
13.Governing Law and Jurisdiction for Resolving Disputes
The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms will be governed by and construed in accordance with the laws of the State of California USA, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in ___ California for any and all disputes, claims and actions arising from or in connection with the Site/Client, the Content, and these Terms.
14.General
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and actcv.com intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and actcv.com agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your Account. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in a written document signed by us. These Terms (including any incorporated terms) constitute the entire agreement between you and actcv.com with respect to your Account, the Site/Client, and Content. Both you and actcv.com warrant to each other that, in entering these Terms, neither actcv.com nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. All choices (no matter how described) by us under these Terms are to be made in its sole discretion, unless stated otherwise. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and actcv.com, or actcv.com’s successors and permitted assigns, will have any right to enforce any of these Terms.
15.Notices
We may give you all notices (including legal process) that we are required to give by any lawful method, including by posting notice on the Site/Client or by sending it to any email or mailing address that you provide to us.. You agree to keep your Account information current including your email and mailing addresses and to check for notices posted on the Site/Client. You agree to send us notice by mailing it to our “Address for Legal Notices” which is: