Effective Date: This Agreement was last updated on December 15, 2017.
READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING FMA APPLICATION ANY FMA SERVICES OR THIS WEBSITE. IF YOU DO NOT AGREE TO THIS AGREEMENT YOU ARE NOT ALLOWED TO USE THE FMA APPLICATION, ANY FMA SERVICES AND THIS WEBSITE AND MUST LEAVE THIS WEBSITE, CEASE USING THE SERVICES AND THE FMA APPLICATION IMMEDIATELY.
IF YOU ARE UNDER THE AGE OF 13 YOU ARE EXPRESSLY PROHIBITED TO USE ANY FMA SERVICES, APPLICATIONS OR THIS WEBSITE.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND FMA, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "FMA ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION.
TO ACCEPT THESE TERMS AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT, INCLUDING THE ACTIONS OF CHILDREN AND ANYONE ELSE WITH ACCESS TO YOUR ACCOUNT.
These Terms and Conditions (the “Agreement”) sets forth the standards of use of PSCP Holdings Limited d/b/a FreeMyApps (“FMA” or “we”) online services (the “Service”), including, but not limited to the Website and the App as will be described below. By using the FMA website welcome.freemyapps.com including, but not limited to its mobile version (the “Website”) or the FreeMyApps application for android mobile platform (the “App”) you (or the “Member”) agree to the Agreement. If you do not agree to the Agreement, you should immediately cease all usage of this App. We reserve the right, at any time, at our sole discretion to modify, alter, or update the Agreement with or without prior notice. Any of such modifications, alterations or updates shall become effective immediately upon being posted at our Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
FMA is providing Member with the Service via the Website or the App. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
By using the Service, you agree to only use the parts of Service that are publicly accessible or to which you are properly enrolled or subscribed. Additional Services may be made available from time to time, with respect to which additional terms and conditions may be imposed by FMA via a separate click through, electronic, paper or other form of the agreement.
Your right to use the Service is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that you comply at all times with this Agreement and any separate agreement between you and FMA and subject to the limitations set forth herein, you are authorized to access the Service to the extent you are eligible or otherwise subscribe the Service. As was already described above, you are responsible for obtaining any equipment and Internet service necessary to access the Service.
Except as expressly set forth in this Agreement or other written agreement between you and FMA, no license or other right in or to the Service are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
The Service is free to use after registration. The registration is made by entering the e-mail address or via the single sign-on of Facebook or GooglePlus in the dialog window or menu item provided in the Service. You, as the user of the App, represent and warrant that you:
By filling out and submitting the registration form you apply to create a user account for the Service. With the subsequent confirmation or execution of the registration by the FMA comes a utilization relationship, which entitles the user to use all functions of the Service.
The use and registration in the Service is permitted only for private purposes. There is no claim to register or to register and to use the corresponding services and functions of the Service. You are obliged to provide complete and correct information. Only one user account in the Service can be set up per user. The transfer or sale of a user account to third parties for their own purposes is strictly prohibited.
With the registration, the user-selected password is assigned to each user account. You may not disclose or make access to the password to third parties and you have to keep it carefully in order to avoid abuses. You are obliged to notify FMA immediately if the password has been lost or if you are aware that unauthorized third parties have been informed of the password. You are liable for any misuse of third parties under your password, provided you do not prove that such misuse was not at your fault.
The Service is an offer for the presentation of games and apps of various categories. It also allows you to participate in a bonus or rewards program for the active use of game apps and other apps, filling surveys, viewing videos. Participation in the Service is for entertainment only. The performance of the Service is to you – if necessary. On the basis of your previous app preferences as well as its usage and purchase behavior with regard to such apps, games and other apps which can be used by you through the Service. You will get coins by actively using the Service's pre-set apps from the partner's affiliates ("pre-set apps"), as well as by purchasing services and virtual items in the pre-set apps (in-app purchases).
The Service allows you to collect in-game currency (“credits”) for the use of the preset apps. The default apps for which coins can be collected, the number of coins that can be earned per app, and the limitation in time and content of special offers or special campaigns with regard to individual coins and premiums are determined solely by the third-party supplier of such preset apps and can be changed by such supplier at any time without giving reasons. Any claims regarding to the above changes should be sent directly to such third-party supplier. Credits automatically expire 60 days after the inactivity on the Service account of the user, unless they are redeemed on premiums.
You can redeem their credits against certain premiums, such as gift cards or other digital content, at a rate determined by the provider per premium. The bonuses can be selected by you in the premium shop in the App. You can choose any premium offered in the App, for which you have collected a sufficient number of coins, as long as the stock for the selected premium is sufficient.
Virtual rewards can be, for example, in-app items that you may get in other apps. The virtual bonuses can be granted to you via various means, such as, in particular, but not exclusively, e-mail, push messages, or even just a click on a button.
For the redemption of premiums, the exchange rate always applies at the time of redemption. The FMA reserves the right to change and adjust the exchange rate on a continuous basis. You agree not to have any claim for the maintenance of the Service or granting of a certain exchange rate of premiums.
FMA is constantly developing the Service and, therefore, reserves the right to offer new features and functions, especially, but not exclusively, for the redemption of coins at any time. In the process of adapting and developing the Service, the Vendor also reserves the right to link individual features to specific conditions (for example, when a particular account is reached or when certain actions such as additional app installations are performed) or not to offer them at all. You agree not to have any claim regarding the fact of the development of the Service by the FMA.
There is no profit guarantee for you. In particular, you have no claim for the payment of a certain premium. A claim for payment of a premium exists only if one has been expressly promised by FMA. The exchange rate is valid at the time the coins are exchanged for the premium. You are also shall not be eligible for any premium if you violate any provision of this Agreement or any applicable law regarding the usage of the Service, especially you manipulated the outcome of a game in the Service via any means.
The use and registration in the Service is free. FMA reserves the right to charge fees for individual features in the future. This can be done, but not exclusively, for the release of additional features within the Service or the purchase of coins for further use in the Service.
You will be informed at least two weeks in advance regarding any such change. If you will not agree to the additional costs, you then should uninstall and cease usage of the Service.
You may not use the Service to:
You shall not: (a) modify, adapt or create derivative works based on the Service available from FMA or the App’s content; (b) "frame" or "mirror" any content or create Internet “links” to or from the site; or (c) disassemble, reverse engineer, or decompile the Service or its content, or access the Service or its content in order to build a competitive service or application, build an application or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
Any special rules for the use of certain content accessible through Service may be included elsewhere within the site and are incorporated into this Agreement by reference.
FMA reserves the right, without prior notice and in its sole discretion, to decide whether any Member violates the Agreement for any of the above reasons or for any other reason, and if so, to remove offending content and/or terminate your access to the Service.
The Service is provided by FMA on an "as is" and on an "as available" basis. All content and features of the Service are subject to change or termination without notice in the sole discretion of FMA.
To the fullest extent permitted by applicable law, FMA makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, completeness or otherwise. FMA shall have no liability for any interruptions in the use of the Service, or for failing to correct defects, or for viruses or other harmful components spread by or through them. FMA disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
FMA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FMA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICE, THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE TOTAL LIABILITY OF THE FMA WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT SHALL IN ALL CIRCUMSTANCES BE LIMITED TO ONE THOUSAND US DOLLARS ($ 1000,00).
Member agrees to indemnify and hold FMA, its parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
FMA reserves the right to modify or discontinue the Service with or without notice to the Member. FMA shall not be liable to Member or any third party should FMA exercise its right to modify or discontinue the Service. Member acknowledges and accepts that FMA does not guarantee continuous, uninterrupted or secure access to the App and operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
To retain available credits, existing users (that return to the Service after the day of enrollment) must be active within the Service at least once per 60 days. To be considered active, users must convert on a sponsor application or redeem credits for a reward. Credits belonging to existing users who become inactive will be expired. New users who do not return to the Service after the day of enrollment will have credits expired after 30 days.
The specifications of the Service and other information have either been provided by vendors or suppliers to FMA (“Vendors”) or collected from publicly available sources. No reference to any third party or third party product or service shall be construed as an approval or endorsement by FMA of that third party or of any third party product or service. FMA makes no representations or warranties as to the accuracy or reliability of any information provided on the Service. FMA makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Use of botnets or any other automated means of accessing or using the Service, or to deceptively obtain item of value through the App or Service are expressly prohibited and any such use shall constitute a violation of the Agreement. Use of botnets or other automated means to acquire rewards through the App or Service constitutes fraud which FMA may fight through any legal means. FMA retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FMA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. FMA does not support the use of anonymous proxies, including Virtual Private Networks (VPNs) and reserves the right to terminate service for any device found to be using an anonymous proxy or VPN.
If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from the Service by contacting FMA’s copyright agent (identified below) and providing the following information:
FMA's contact for copyright issues relating to the Service is as follows:
PSCP Holdings Limited
FreeMyApps Legal Counsel
Quijano Chambers, P.O. Box 3159, Road Town, Tortola
BRITISH VIRGIN ISLANDS
In an effort to protect the rights of copyright owners, FMA maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this App who are repeat infringers.
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any of the FMA Entities regarding any Services, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any FMA Entity or any of a FMA Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the FMA Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
EXCLUSIONS FROM ARBITRATION. YOU AND THE FMA ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY AN FMA ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 919 NORTH MARKET STREET, SUITE 950, WILMINGTON, NEW CASTLE, DELAWARE, 19801, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR EMAIL, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY FMA ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY FMA ENTITY, YOU MUST SEND WRITTEN NOTICE TO 919 NORTH MARKET STREET, SUITE 950, WILMINGTON, NEW CASTLE, DELAWARE, 19801, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: LEGAL DEPARTMENT: DISPUTE RESOLUTION, TO GIVE THE FMA ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the FMA Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the FMA Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE FMA ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the FMA Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the FMA Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the FMA Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the FMA Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the FMA Entity you have a Dispute with may initiate arbitration in either Suffolk County, Massachusetts or the United States county in which you reside. In the event that you select the county of your United States residence, the FMA Entity you have a Dispute with may transfer the arbitration to Suffolk County, Massachusetts in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and the FMA Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
All content included or available in the Service, including design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted ©2018 by PSCP Holdings Limited, with all rights reserved, or is the property of FMA and/or third party licensors protected by intellectual property rights. Any use of materials on the Service, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FMA is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FMA Any use of the content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Copyright © 2018 PSCP Holdings Limited d/b/a FreeMyApps. All Rights Reserved.