Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY INAPPFUEL, INC., DOING BUSINESS AS INAPPFUEL ("INAPPFUEL," "WE," “OUR” OR "US"). THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://INAPPFUEL.COM (THE "SITE"), THE INAPPFUEL MONETIZATION PLATFORM ("INAPPFUEL PLATFORM"), THE TOOLS OFFERED THROUGH THE INAPPFUEL PLATFORM, INCLUDING THE PUBLISHING DASHBOARDS, AND THE SERVICES THAT RELATE TO FACILITATING THE OFFERING OF VIRTUAL CURRENCY LINKED MINIGAMES FOR MOBILE PUBLISHERS, AS DESCRIBED MORE FULLY ON THE SITE (COLLECTIVELY, WITH THE SITE AND THE INAPPFUEL PLATFORM THE "SERVICES").
We may, in our sole discretion, modify these Terms and Conditions with or without notice to you. The "Last Updated" date at the bottom of this Terms and Conditions will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms and Conditions have been modified, you are agreeing to such modifications. Therefore, you should review these Terms and Conditions prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms and Conditions.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and Conditions and register for the Services. The Services are not available to individuals who are younger than 13 years old, and you may not use the Services in connection with any website or mobile game application that is directed toward individuals who are younger than 13 years of age. InAppFuel may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
Service Usage; Termination of Usage
As a condition to using the Services, you may be required to register with InAppFuel and select a password and enter your email address ("InAppFuel User ID"). You shall provide InAppFuel with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms and Conditions, which may result in immediate termination of your account. You may not (i) select or use as an InAppFuel User ID a name of another person with the intent to impersonate that person; (ii) use as an InAppFuel User ID a name subject to any rights of a person other than you without appropriate authorization. InAppFuel reserves the right to refuse registration of, or cancel an InAppFuel User ID in its discretion. You shall be responsible for maintaining the confidentiality of your InAppFuel password, and are fully responsible for all activities that occur under your InAppFuel User ID. You agree it is your responsibility to (a) immediately notify InAppFuel of any unauthorized use of your InAppFuel User ID or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You further agree that you will not access the Services by any means except through the interface provided by InAppFuel for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of InAppFuel is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of InAppFuel is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
These Terms and Conditions are effective unless and until terminated by either you or InAppFuel. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of the Services. InAppFuel also may terminate or suspend these Terms and Conditions, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in InAppFuel's sole discretion you fail to comply with any term or provision of these Terms and Conditions or your use is harmful to the interests of another user, or InAppFuel and its Affiliated Parties (as defined later herein) and/or their respective business partners. Upon any termination of these Terms and Conditions by either you or us, you must promptly stop using the Services and destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. Any fees paid hereunder are non-refundable. All provisions of these Terms and Conditions which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
InAppFuel reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that InAppFuel and its Affiliated Parties (as defined later herein) shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
License to InAppFuel SDK
InAppFuel grants to you a limited, revocable, non-transferable, non-exclusive and non-sublicensable license during the Services term to use the InAppFuel SDK solely to access the InAppFuel Platform and solely to the extent permitted hereunder. Except to the limited extent expressly provided in these Terms and Conditions, InAppFuel does not grant, and you will not acquire, any right, title or interest (including, without limitation, any implied license) in or to any InAppFuel intellectual property rights; and all rights not expressly granted herein are reserved to InAppFuel. The InAppFuel SDK may be downloaded upon logging into your account within the Site.
If you are a mobile application publisher that uses the Services, including the InAppFuel Platform, you also agree to comply with the following terms:
IMPLEMENTATION. If you are a publisher, you may list assets including but not limited to mobile applications, sites, and device platforms ("Mobile Properties") and make them available for InAppFuel Services. If you are a publisher, you hereby grant InAppFuel the right to access, index, store and cache requests made from your Mobile Property to the Services, including by automated means.
PRESS. If you are a publisher that integrates InAppFuel's SDK, you hereby allow InAppFuel to issue a press release and otherwise promote the partnership or integration.
All materials displayed or performed on or accessible through the Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. The term "Content" as used herein specifically includes any advertising or other content made available or submitted by any advertiser and any website or other content published by or associated with any publisher. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services.
You acknowledge and agree that if you use any of the Services to contribute or make available Content, InAppFuel is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by InAppFuel and agree not to assert any Moral Rights with respect thereto.
You acknowledge and agree that InAppFuel has no special relationship with or fiduciary duty to you and that InAppFuel has no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content User accesses or receives via the Site or Services; what Content other users may make available, publish or promote in connection with the Services; what effects any Content may have on you or your users or customers; how you or your customers may interpret, view or use the Content; what actions you or your users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services.
Further, (i) if you are a publisher, you specifically acknowledge and agree that InAppFuel has no control over (and is merely a passive conduit with respect to) any Content that may be submitted or published by any advertiser, and that you are solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to you.
You release InAppFuel from all liability in any way relating to your acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. InAppFuel makes no representations concerning any Content contained in or accessed through the Site or Services, and InAppFuel will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services. InAppFuel makes no guarantee regarding the level of impressions of or clicks on any Advertisement, or the timing of delivery of such impressions and/or clicks.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): INAPPFUEL MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES. InAppFuel will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted over networks accessed by the Site, or otherwise connected with your use of the Site or Services.
Fees and Payment
While InAppFuel offers many platform services for free, some of the Services require payment of fees. InAppFuel reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Site. If you are a publisher, you shall be charged 40% (you keep 60%) of the Net Revenue from In App Purchases (“IAPs”) associated with your use of the Services as solely determined by InAppFuel. "Net Revenue" shall mean revenues actually received by you from the sale, use or other disposition of Services displayed on publisher's Mobile Property net of any 1) platform / app store fees, and 2) any allowances actually made or taken for returns, cash discounts or promotional allowances. Each party is solely responsible for paying all applicable taxes or charges imposed by any government entity in connection with revenues received by such party. The portion of Net Revenue charged to you via a valid credit card, debit card or cash deposit that you maintain on file or account with InAppFuel shall be determined on the first Monday of each calendar month, on which day those revenues accrued to your account 30 or more days earlier shall become eligible to be paid. Charges to you shall be made by InAppFuel only if OUR earned balance is greater than or equal to $10USD. If OUR earned balance is less than $10USD, no charge shall be made until the following calendar month, on the first Monday of which InAppFuel shall make the aforesaid determination anew. If you dispute any charge made in connection with the Services, you must notify InAppFuel in writing within 30 days of any such charge. Failure to so notify InAppFuel shall result in the waiver by you of any claims related to such disputed charge. Charges shall be calculated solely based on records maintained by InAppFuel which shall be compiled using valid receipts from IAPs from 3rd party platforms such as iTunes and Google Play. No other measurements or statistics of any kind shall be accepted by InAppFuel or have any effect under these Terms and Conditions. To ensure ongoing and uninterrupted service, you are solely responsible for properly integrating the InAppFuel SDK, which shall allow InAppFuel to access transaction receipts from 3rd party platforms such as iTunes and Google Play. We shall not be liable for any breach of these Terms and Conditions by you. To ensure ongoing and uninterrupted service, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account and InAppFuel User ID. If accurate payment information is not maintained by you or InAppFuel is otherwise unable to charge your credit card, debit card, or cash deposit for its portion of the revenue, InAppFuel reserves the right to use any means necessary, including collection agencies, to collect the funds owed to InAppFuel.
Connectivity, Communications, Privacy
You must have an internet-enabled cell phone or device using an operating system supported by InAppFuel in order to access the InAppFuel Platform. Normal carrier charges and taxes may apply to any content you obtain from the Services. InAppFuel is not responsible for any surcharges you incur from your mobile phone or internet service provider as a result of the use of the Services. In the event you change or deactivate your mobile device, any content such as awards collected, or coupons received will not transfer to your new device.
You expressly agree that, as part of the Services, you will receive communications by push notification, text message (SMS), and/or email, including promotional communications from time to time. You may stop receiving promotional alerts (a) via push notification by disabling push notifications on your mobile device, and (b) via text message by sending your request to opt-out, along with your cell phone number to support@InAppFuel.com and following the opt-out instructions in the text message. You may not opt out of Service-related emails.
You (whether a publisher, or otherwise) agree that you will not (or authorize or encourage any third party to) use the InAppFuel SDK, or the Services for any of the purposes set forth below and, similarly, will not engage in any of the actions below within a property that has integrated the Services:
1. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
2. generate fraudulent IAP transactions or user other methods to unlock feature functionality without a valid purchase;
3. generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software;
4. impersonate any person or entity, including, but not limited to a representative of InAppFuel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
6. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8. run Maillist, Listserv, any form of auto-responder, or "spam" on the Site or Services, or any processes that run or are activated while you are not logged in;
9. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
12. "stalk" or otherwise harass another; and/or
13. "bot," "hack," "crack," or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively, "Feedback") submitted to InAppFuel shall become the property of InAppFuel. InAppFuel will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, InAppFuel will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not InAppFuel, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Links; Third Party Websites
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that InAppFuel will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk and your usage of such sites or applications will be governed by their own terms and conditions, privacy policies and related guidelines. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. InAppFuel expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that InAppFuel and its Affiliated Parties (as defined below) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.
General Disclaimers; Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS AND CONDITIONS, INAPPFUEL, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGER, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, "INAPPFUEL AND ITS AFFILIATED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, INAPPFUEL AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INAPPFUEL AND ITS AFFILIATED PARTIES ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS AND CONDITIONS.
INAPPFUEL AND ITS AFFILIATED PARTIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION, (B) FOR ANY INCORRECT OR INACCURATE INFORMATION, (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (E) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INAPPFUEL AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF INAPPFUEL AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM INAPPFUEL ON THE SERVICES DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID INAPPFUEL ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INAPPFUEL IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Rules For Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafe.org.
Applicable Law; Dispute Resolution
The Services are controlled and operated by InAppFuel from within the United States of America, and is intended for use only by residents of the United States. InAppFuel makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
We are committed to resolving any disputes that may arise in a fair and efficient manner. Our goal is to provide you with a neutral and cost-effective means of resolving disputes quickly. Thus, for any claim related to these Terms and Conditions or our Services where the total amount sought (i) is equal to or more than $10,000USD, you may, or (ii) is less than $10,000USD, you must, initiate dispute proceedings by formally notifying us in writing of the specifics of your dispute and details of your claim. Such written notice must be sent via email to support@InAppFuel.com. We will confirm receipt of your notice via an email reply to you. InAppFuel may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of InAppFuel's offer to settle or InAppFuel's confirmation of your written claim notice (whichever is later), you may elect to resolve the dispute via arbitration. . A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (A) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (B) any in person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in New York, New York); (C) either party may bring a claim in small claims court in lieu of arbitration; (D) the ADR provider may award any form of individual relief; (E) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (F) the prevailing party shall pay all costs associated with the arbitration, including legal fees, and (G) claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section.
The formation, construction and interpretation of these Terms and Conditions shall in all respects be governed by and construed in accordance with the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws. This Terms and Conditions shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Terms and Conditions. For any dispute that is equal to or more than $10,000USD and is not resolved or arbitrated under this Section of this Terms and Conditions, it is hereby agreed that any action at law or in equity arising under these Terms and Conditions and/or your use of the Services shall be finally adjudicated or determined in any court or courts in New York, New York, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by New York law.
All claims you bring against InAppFuel must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of these Terms and Conditions. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to $10,000USD, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms and Conditions, the term "including" shall be deemed to be followed by the words "without limitation."
The failure of InAppFuel and its Affiliated Parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms and Conditions.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose, or will be forever barred. The "General Disclaimers; Limitation of Liability" provisions of these Terms and Conditions are for the benefit of InAppFuel and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to InAppFuel at support@InAppFuel.com, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
1. A physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Services;
4. Your address, telephone number, and email address;
5. 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; and
6. 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.
Where InAppFuel has provided you with a translation of the English language version of these Terms and Conditions, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with InAppFuel.
If there is any contradiction between what the English language version of these Terms and Conditions says and what a translation says, then the English language version shall take precedence.
If you have any comments, questions, or complaints regarding these Terms and Conditions or the Services, or wish to report any violation of these Terms and Conditions, please contact us at support@InAppFuel.com. We will address any issue to the best of our abilities as soon as possible.Last updated: September 15, 2013