Welcome to AppDog (hereinafter the "Site," "Us," "Our" or "We"). The following terms and conditions and any other policies, notices, rules or guidelines posted on the Site govern your use of the Site. Because these Terms and Conditions contain legal obligations, please read them carefully.
This site operates an promotion program where consumers can receive a gift after fulfilling participation requirements. Gifts may require some or all of the following participation requirements: a purchase; agreement to receive, activate and use a credit card or fund a loan; enroll in a free trial program; and/or become a member of a program that will result in recurring charges ("Sponsor Offers"). Some gifts require that you complete one or more Sponsor Offers that require a purchase. We reserve the right to substitute any gift with another gift of similar value or to provide the cash equivalent of any gift at Our sole discretion.
By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions and the Privacy Policy. You also agree to comply with any guidelines or rules posted on this site and all such guidelines and rules posted are hereby incorporated by reference into these Terms and Conditions. If you are dissatisfied with this Site, its content or Terms and Conditions or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site. If you do not agree with these policies, please do not use our site or apply for our gifts or Sponsor Offers.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the bottom of these terms and conditions. You can obtain a printed copy of the most current Terms and Conditions by writing to us at the address set forth in the notice provision below.
Please review our Privacy Policy which also governs your visit to this Site, to understand our data collection and security practices.
a. To be eligible to participate in the our gifts program, you must be at least 18 years of age at the time of registration and reside in the continental United States, Alaska or Hawaii. Only one gift per household and there must be no other accounts in your household. Corporations or other business entities are not eligible to participate.
b. Eligible participants must comply with the following rules and requirements ("Program Requirements") in order to receive a gift: (i) establish and maintain only one account, and that account must be registered to a unique e-mail address; (ii) provide valid and truthful information as requested by the Site or a participating advertiser; (iii) have cookies enabled; and (iv) access a required advertiser?s site through the Site.
c. By using this site, you represent that you will be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age as of the date of registration; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete, and provide documentation of such information; and (v) are a bona fide consumer using the Site solely for your own enjoyment and not on behalf of or for the benefit of any third parties or for any other purpose.
d. Users of the AppDog services shall not tamper, hack, spoof, copy, or otherwise defraud the service. Violation may result in the termination of your account, and any product(s) purchased may be revoked. Furthermore, AppDog reserves the right to prosecute users to the full extent provided by law.
a. In order to successfully complete the AppDog requirements and receive your gift, you must initiate the completion of the third-party offer ("advertiser offer") from within the AppDog transaction process ("AppDog Transaction Process"). Any transactions that do not originate from within the AppDog site will not be tracked by our advertising partners and you will not be credited for your gift selections.
b. We expect you to fully understand and comply with the instructions and restrictions explicitly stated during the AppDog Transaction Process. Unless stated otherwise, offers may only be completed once per person/once per household or be limited to new members only. In the event that you attempt to complete an offer more than once, you shall not be eligible to receive your paid app, and your AppDog account may be permanently revoked.
c. Depending on the advertising offer completed, there may a delay in receiving your iTunes gift due to a delay in reporting of offer completion to AppDog from the third-party. The times specified in the AppDog Transaction Process for order fulfillment are estimates only. In cases where the delay exceeds the estimated completion time, you may submit proof of the completed advertiser offer(called a "receipt") for manual review. If approved by AppDog you will be manually credited with your free product/service. AppDog in its sole discretion has the right to accept or deny any such receipts and is not obliged to provide any reasons for its decisions. Receipts submitted 45 days after the offer was initiated will not be considered.
d. AppDog does not warranty, guarantee, or offer any support for the product(s) purchased through the AppDog Transaction Process nor the product(s) or service(s) received when completing the third-party offer.
e. You may not sign up for an advertiser offer with the intent to immediately cancel or return the item or service from the advertiser. A "quick cancellation" is considered to be fraudulent, and may void your order and iTunes gift. AppDog may, at its discretion, suspend or revoke your right to use the AppDog service if you are found to have engaged in such activity.
We may, at Our sole discretion and for any reason or no reason at all, terminate any account and deny any gift without prior notice for (a) any violation of any provision of these Terms or Conditions; (b) aiding in or promoting circumvention of the our gifts program, including, but not limited to, using any account to accrue a free gift for a third party or using a third party's account to accrue a free gift for yourself; (c) acting against the business interests or reputation of the Site; (d) otherwise acting unlawfully in relationship to the Site or the gifts program; (e) our reasonable suspicion of any of the activity listed in 5(a)-(d); or (g) any other reason at our reasonable discretion. If your account is terminated, you may not re-enroll or join under a new account without our prior written authorization. You may cancel your membership at anytime by sending an Email.
a. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site (or any linked site) will not be permitted. You agree not to access or attempt to access the non-public areas of the Site or any other user's information or impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity.
b. You agree that your data, content, and any information provided or used on Site, as well as your use of our Site, Products and Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third-parties; or contain or promote any viruses, Trojan horses or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You also agree not to make any attempt to earn or redeem gifts in a manner inconsistent with this Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by AppDog of information or materials on the Site does not constitute a waiver of any right in such information and materials.
The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard mobile internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold AppDog and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
You may view your account status by logging-in to your Account. Account information is updated as confirmation is received from the Site's advertisers. If you have a question about your account, you may visit our Site or send an Email.
By signing up for this Site, you are giving your consent to receive promotions or newsletters from the Site, its affiliated entities and/or third-party marketing partners. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us alone, you may send us an Email and we will place your email address on suppression file associated with our mobile site within ten (10) business days. Please note that exercising an opt-out mechanism only applies to the company with whom you exercised that right. PLEASE NOTE THAT IN ORDER TO MAINTAIN ELIGIBILITY TO RECEIVE YOUR GIFT, YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM US PRIOR TO YOUR RECEIPT OF THE GIFT REDEMPTION CERTIFICATE. IF YOU OPT-OUT OR UNSUBSCRIBE PRIOR TO YOUR RECEIPT OF THE GIFT REDEMPTION CERTIFICATE, YOU WILL BECOME INELGIIBLE TO RECEIVE YOUR GIFT.
Participating advertisers are independent third parties and the Site is not acting as a principal, agent or broker with respect to any advertisers. Your relationship with any such advertiser whose offer you respond to is solely between you and the advertiser. You agree not to hold Us liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such partners through the Service.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; AND (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
b. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES ("SITE TEAM") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING OR (vi) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE VALUE OF THE GIFT OFFERED TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254; or by email to dca@dca.ca.gov.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors, or merchants.
We constantly are improving our Site and developing new features. If you have ideas regarding improvements or additions to the Site, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES WILL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION
Except as explicitly stated otherwise, any notices provided by us may be made by an updated posting on the Site, by postal mail or by email to the most recent address that you have provided. Notices to us shall be given by Email (with a copy by postal mail) or by postal mail at the following address: San Francisco, CA 94103.
Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of ours and our affiliates, licensors, and service providers. You agree not to: (i) modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (ii) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (iii) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (iv) defame or disparage us, our Trademarks, or any aspect of the Site; and (v) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services. Links to the Site without our express written permission are strictly prohibited. The framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Registered Copyright Agent - support@mobform.com
You understand and agree that this Site does business only in the State of California. References to any Site product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from locations outside California do so on their own initiative and are responsible for compliance with all applicable local laws.
a. Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. These Terms and Conditions will be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. You hereby consent to jurisdiction and venue in the state and federal courts in Los Angeles County, California for such purpose, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to the Site) and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between the Site's representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
b. No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
UPDATED: February 1, 2009