Terms and Conditions

Last modified: February 9, 2012

These Terms and Conditions (these "Terms") set forth the terms applicable to the use of the website located at freemyapps.com (the "website") and related services made accessible from such website (together with the website, the "Services") by Fiksu Inc. ("we" or "us" or "Fiksu"). By using any of the Services, you are agreeing to these Terms. If you do not agree to these Terms, are not authorized to use the website or any app, any such use by you does not entitle you to anything, and we have no obligation to provide any Services or value to you.

1. Description of Services

Fiksu, Inc. is providing you with Services related to obtaining free and paid apps.




2. Credits

Credits do not have any cash value, and hence are not redeemable for any sum of money or monetary value from us or anyone else.

• Credits are obtained for downloading and using our Sponsored Apps.
• When you receive Credits, you do not own the Credits. Rather, you receive a limited right to use these Credits for redeeming an app.
• You may not sell or transfer Credits to anyone or any other device.
• We may change the value of Credits at any time as well as the ways that you can redeem Credits or the number of credits required for any redemption purposes. We also reserve the right to stop issuing Credits and to award or remove Credits from user devices at any time.
• Credits will be awarded to successful social referrals to the website only if the referred users are new users of the website as determined by our policies.



3. Use and Expiration of Credits

• Gift codes for selected paid apps that you have obtained by redeeming credits are not exchangeable, or refundable for Credits or for cash, or other apps.
• We do not guarantee that any particular app will be available at all times or at any given time or in the future.
• We reserve the right to update our inventory of apps without notice to you.
• Credits are specific to a particular device, and apps obtained by redeeming Credits are limited to that same device.
• If the balance of Credits associated with a particular device is unchanged for more than 60 days, all the Credits associated with that device will expire without notice to the device or you.



4. Privacy

You agree that information derived from your use of the website may be collected, used and disclosed in accordance with the terms of our privacy policy. We encourage you to review our Privacy Policy.




5. Disclaimer of Warranties

The Services, including but not limited to the website and all information, content, materials, products and applications made available to you through the website are provided on an "as is" and "as available" basis. Without limiting the generality of the above, Fiksu, Inc. makes no representations or warranties of any kind, express or implied (i) as to the accuracy or reliability of any website content (ii) as to the quality of any applications or other materials obtained by you through the website, (iii) that the Services will meet your requirements, (iv) that the website or your access thereto will be uninterrupted or error-free, or (v) that the website will be free from viruses, trojan horses, worms or other harmful code or components. To the fullest extent permitted by applicable law, Fiksu, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers on warranties may not apply to you.




6. Limitation of Liability

FIKSU SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, AND EVEN IF FIKSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIKSU'S DIRECT DAMAGES UNDER THESE TERMS EXCEED THE AMOUNT YOU PAID TO UTILIZE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.




7. Indemnification

At our request, you agree to defend, indemnify and hold harmless Fiksu, its affiliates, and their respective officers, directors, agents, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys' fees, arising from: your use of the Services, your violation of these Terms, or your violation of any right of any other person or entity.




8. Modifications and Interruption to Service

We reserve the right to modify or discontinue any or all of the Services at any time without notice or liability.




9. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of such external sites or resources, and we do not endorse, nor are we responsible or liable for the practices of such external sites or resources or the advertising, applications, products or other materials on or available from such external sites or resources. You further acknowledge that Fiksu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such applications, goods or services available on or through any such site or resource.




10. Governing Law

These Terms and any claims related thereto shall be governed exclusively by the internal laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules, and all disputes hereunder shall be subject to the exclusive jurisdiction of the state or federal courts located in Boston, Massachusetts.





11. Compliance with Laws

You may not use the Services in any way that violates any applicable state, federal, or international law, regulation or other governmental rule or requirement.




12. Botnets

We reserve the right to terminate your access and any accounts we determine, at our sole discretion, are involved with botnets or related activities. If any hostnames are used as command and control points for botnets, we reserve the right to direct such hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.




13. Other Terms

These Terms constitute the whole legal agreement between you and Fiksu related to your use of the Services, and replaces any supersedes any prior agreements, written, oral, or implied, between you and Fiksu. Fiksu may change these Terms, in its sole discretion, at any time by posting changed Terms to this website or any successor website. If Fiksu makes any such changes, the changed Terms become immediately effective with respect to any Credits, apps, Service, or other matter. You agree that any use by you of the website, or any Credits, apps, or Services after any such change constitutes an act of acceptance of the changes by you. If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal effect. Fiksu reserves the right to make changes to these Terms at any time without notice or liability. You understand that it is your responsibility to check the Terms regularly for changes.

Copyright and Trademark Information

• Trademark Information - FreeMyApps.com and the FreeMyApps.com logo are trademarks of AppExchanger.com, Inc. AppExchanger.com, Inc. is a subsidiary of Fiksu, Inc. All other trademarks are the property of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors or their products or services. In addition, our use of third party trademarks or links does not imply that such third parties endorse or have any affiliation with Fiksu.
• Copyright Information - All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyrights, trademarks or other intellectual property rights. Any use of materials on the website, 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 Fiksu is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy pages on the website or the content contained therein without prior written permission of an authorized officer of Fiksu.