Terms of Use

The following terms and conditions (the “Agreement”) govern all use of the www.AppBistro.com website (the “Site”) and services available at the Site (taken together with the Site, the “Service”). The Service is a market place for Facebook applications (“Applications”) and is owned and operated by MMTG Labs, Inc. (“MMTG Labs”). 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 MMTG Labs. 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.

MMTG Labs reserves the right, at its sole discretion, 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. ACCESS.

Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s personal use. MMTG Labs may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. MMTG Labs 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 MMTG Labs 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 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.

2. RESTRICTIONS.

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. MMTG Labs 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 MMTG Labs 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 MMTG Labs’ systems or networks, or any systems or networks connected to the Service or to MMTG Labs.

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. APPLICATION PROVIDERS

This section applies to persons/entities that submit application to be listed on the Site (“Application Providers”). If User is an Application Provider, User hereby represents and warrants that: (i) User has all right and authority to submit the User’s Application to the Site, (ii) User’s Application does not infringe, violate or otherwise conflict with any third party rights (including, without limitation, intellectual property and privacy rights), (iii) User’s Application does not violate any law or regulation, and (iv) User’s Application does not contain any material that is libelous, profane, pornographic, or obscene. Application Providers shall defend, indemnify, and hold harmless MMTG Labs, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from breach of this Section or otherwise in connection with Application Provider’s Application and/or the use thereof (including, without limitation, with respect to claims of intellectual property infringement). MMTG Labs has the right to remove any Application listing from the Site at any time, for any or no reason.

4. THIRD PARTY DISPUTES.

As mentioned above, AppBistro.com is a market place for third party Applications. The Site contains links to Facebook webpages where the Applications can be accessed. MMTG Labs does not have any control or influence over the Applications or their content. As such, User hereby acknowledges and agrees that (i) MMTG Labs has no responsibility or liability with respect to such Facebook webpages or any of the Applications and (ii) User is solely responsible for User’s interactions with Facebook, Application developers, other Site users, and any other third parties not under MMTG Labs’ control. If User has a dispute with any such third party, User shall and hereby does release MMTG Labs (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

5. FEES AND PAYMENT.

Some products and services of the Service may require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such for-fee services purchased by User. MMTG Labs reserves the right to change its price lists and to institute new charges at any time.

6. REGISTRATION; SECURITY.

As a condition to using certain products and services of the Service, User may be required to register with MMTG Labs and select a password and User name (“MMTG Labs User ID”). User shall provide MMTG Labs 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 MMTG Labs User ID a name of another person with the intent to impersonate that person; or (ii) use as a MMTG Labs User ID a name subject to any rights of a person other than User without appropriate authorization. MMTG Labs reserves the right to refuse registration of, or cancel a MMTG Labs User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s MMTG Labs password and other account information.

7. CONTENT.

User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by MMTG Labs 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 MMTG Labs 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. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. 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 MMTG Labs.

8. INDEMNIFICATION.

User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless MMTG Labs, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service, (iii) access to or use of any of the Applications, or (iii) violation of this Agreement.

9. 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. MMTG LABS 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, MMTG LABS 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.

10. LIMITATION OF LIABILITY.

IN NO EVENT SHALL MMTG LABS, 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, MMTG Labs 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.

11. TERMINATION.

MMTG Labs 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 MMTG Labs, 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.

12. EXPORT AND TRADE CONTROLS.

User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.

13. PRIVACY.

MMTG Labs’ current privacy policy is available at the Site (the “Privacy Policy”), which is incorporated by this reference. MMTG Labs strongly recommends that you review the Privacy Policy closely.

14. COPYRIGHT.

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 MMTG Labs or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of MMTG Labs and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of MMTG Labs or its software suppliers and protected by United States and international copyright laws.

15. MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MMTG Labs shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MMTG Labs’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with MMTG Labs’ prior written consent. MMTG Labs may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MMTG Labs in any respect whatsoever.