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Terms of Service for Developers

Date of Last Revision: 26 April 2014

Definitions

TorrApk. The website, available at the address www.torrapk.com, which allows registered Developers to distribute Applications for Devices (defined below).

The Staff. The group of persons composed by who owns, handles, maintains and updates TorrApk.

Device. Any electronic device based on Android Operative System.

Application. Software, developed to be executed on Devices, distributed via TorrApk.

Developer or You. Any person or company who is registered on TorrApk and approved by the Staff to distribute Applications in accordance with these Terms of Service.

Developer Account. An account that provides developers with access to TorrApk by user name and password.

User. Any person or company that uses TorrApk to download applications.

Your Brand Features. Means the trade names, trade marks, service marks, logos, domain names, and other distinctive features of your brand.

1. Introduction

1.1 TorrApk is a publicly available site on which Android Developers can distribute Applications for Devices. In order to distribute Applications on TorrApk, you must acquire and maintain a valid Developer Account.

2. Accepting these Terms of Service for Developers

2.1 This document establishes the Terms of Service that you must comply in relation to your use of TorrApk. In order to use TorrApk to distribute Applications, you must first agree to these Terms of Service by marking the check-box and clicking the “confirm” button to accept where this option is made available to you on TorrApk. You may not distribute Applications on TorrApk if you do not accept these Terms of Service.

2.2 If you agree to these Terms of Service you agree to be legally bound by these Terms.

2.3 If you are agreeing to be bound by these Terms of Service on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not use TorrApk on behalf of your employer or other entity.

3. Distribution of the Applications

3.1 Applications will be distributed for free by distributing their installation files with the extension “.apk”. These files can be downloaded by users via a web browser, to be later installed.

3.2 You may not collect future charges from Users for copies of the Applications that those users were initially allowed to download for free. However, if you want to collect fees from Users after the free trial expires, or if you want to collect fees from Users for any additional features, you can do it by collecting fees autonomously or using any third-party services. TorrApk does not handle payments by Users, therefore you will be solely responsible for any legal disputes related to the collection of fees from Users.

3.3 The User can download the installation files of your Applications, and install them (or attempting to install them) on any device (including devices on which your applications have not been tested and may not work properly or may work partially). You agree to not being able to choose which devices your application will be installed on. You agree that the Staff has no responsibility to you or to any third party for any consequence related to a malfunction or a partial operation of your Applications due to problems with compatibility of your Applications with the Devices on which they have been installed.

3.4 Your application will be distributed all over the world without any geographical restriction. You agree that you are solely responsible for (and that the Staff has no responsibility to you or to any third party for) any violation by your Applications of any applicable law in every part of the world.

3.5 You will be solely responsible for support and maintenance of your Applications and any complaints about your Applications. Your contact information may be displayed in each application detail page and made available to Users for customer support purposes.

3.6 Users are allowed unlimited reinstalls of each Application, provided however that if you remove an Application(s) from TorrApk, such Application(s) shall be removed from all portions of TorrApk and users shall no longer have a right or ability to download the affected Application(s).

4. Use of TorrApk by You

4.1 You agree to use TorrApk only for purposes that are permitted by (a) these Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

4.2 Prohibited Actions. You agree that you will not engage in any activity with TorrApk, including the development or distribution of Applications, that interfere with, disrupt, damage, or access in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, Android users, TorrApk, or any mobile network operator.

4.3 Prohibited Content. You agree to not publish on TorrApk Applications that have pornographic, obscene, defamatory, racist or offensive content.

4.4 Non-Compete. You may not use TorrApk to distribute or make available any Application whose primary purpose is to facilitate the distribution of software for use on Devices outside of TorrApk.

4.5 You agree that you are solely responsible for (and that the Staff has no responsibility to you or to any third party for) any Applications you distribute through TorrApk and for the consequences of your actions (including any loss or damage which TorrApk may suffer due to any malicious use of its services) by doing so.

4.6 You agree that you are solely responsible for (and that the Staff has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which TorrApk or any third party may suffer) of any such breach.

5. License Grants

5.1 You grant to the Staff a nonexclusive, worldwide, and royalty-free license to: copy, perform, display, and use your Applications for administrative purposes in connection with the operation of TorrApk.

5.2 You grant to the Staff a nonexclusive, and royalty-free license to distribute your Applications.

5.3 If you decide to remove one or more Applications, TorrApk will not distribute your Applications, but may retain and use copies of the Applications.

5.4 You grant to the User a non-exclusive, worldwide, and perpetual license to install, perform, display, and use your Applications on the Device. If you choose, you may include a separate end user license agreement in your Applications in lieu of the previous sentence.

5.5 You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your Applications. If You use third-party materials, You represent and warrant that you have the right to distribute the third-party material in your Applications. You agree that You will not submit material to TorrApk that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material.

5.6 You grants to the Staff a limited, non-exclusive license valid until the cancellation of your Developer Account to display Your Brand Features, submitted by you to TorrApk, for use on-line solely in connection with: (a) the distribution of your Applications through TorrApk, (b) the advertising of your Applications through TorrApk, (c) in presentations and (d) in customer lists.

6. Application Removal

6.1 Your Removal. You may remove your Applications from future distribution via TorrApk at any time. Removing your Applications from future distribution via TorrApk does (a) not affect the license rights of users who have previously downloaded your Applications, (b) not remove your Applications from Devices or from any other data storage device where previously downloaded Applications have been stored by users.

6.2 Removal by the Staff. While the Staff does not undertake an obligation to monitor the Applications or their content, if the Staff is notified by you or otherwise becomes aware and determines in its sole discretion that an Application or any portion thereof or your Brand Features (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene, defamatory, racist or offensive; (d) is being distributed by you improperly; (e) may create liability for TorrApk or mobile phone carriers; (f) is deemed by the Staff to have a virus or is deemed to be malware, spyware; (g) violates these Terms of Service; the Staff may remove the Application from TorrApk or reclassify the Application at its sole discretion. The Staff reserves the right to suspend and/or bar any Developer from TorrApk at its sole discretion.

7. Your Developer Account Credentials

7.1 You agree that you are responsible for maintaining the confidentiality of your Developer Account Credentials and that you will be solely responsible for all your actions taken and for all applications that are published under your Developer Account Credentials.

8. Termination of Service

8.1 These Terms of Service will continue to apply until your Developer Account will be deleted by either you or the Staff as set out below.

8.2 If you want to Delete your Developer Account, you must provide notice via email to the following address delete.account@torrapk.com. Before to proceed with the cancellation of the Developer Account, the Staff will ask you a further confirmation by writing to the email address provided during Account registration.

8.3 The Staff may at any time, delete your Developer Account if: (a) You have breached any provision of these Terms of Service; or (b) The Staff is required to do so by law; or (c) The Staff decides to no longer provide Applications distribution to Developers.

9. DISCLAIMER OF WARRANTIES

9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF TORRAPK IS AT YOUR SOLE RISK AND THAT TORRAPK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

9.2 YOUR USE OF TORRAPK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TORRAPK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

9.3 THE STAFF FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE STAFF SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT THE STAFF HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. Indemnification

11.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Staff from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of TorrApk in violation of these Terms of Service, and (b) your Application that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.

12. Changes to these Terms of Service

12.1 The Staff may make changes to these Terms of Service at any time by sending to the Developer notice by email. At the next use of TorrApk (subsequent to the changes), a notification will appear on TorrApk to inform the Developer about the applied changes. The changes will become effective, and will be deemed accepted by Developer, (a) immediately for those who become Developers after the changes, or (b) for pre-existing Developers, the modified Terms will become effective upon Developer's acceptance of the modified Terms (except changes required by law which will be effective immediately). Pre-existing Developers will show their acceptance of the modified Terms of Service by signing in to TorrApk, and accepting the last version of Terms of Service for Developers. In the event that Developer does not agree with the modifications to the Terms of Service within thirty (30) days after the date the email is sent, then the Staff may suspend the distribution of its Applications until the acceptance of the new Terms of Service.

13. General Legal Terms

13.1 These Terms of Service constitutes the whole Legal Terms that govern Developer in using TorrApk, and completely replaces any prior version of these Terms of Service that you have agreed in the past.

13.2 You agree that if the Staff does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which the Staff has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Staff's rights and that those rights or remedies will still be available to the Staff.

13.3 To the extent that any provision of these Terms of Service is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Service in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Service in any other jurisdiction.

13.4 EXPORT RESTRICTIONS. APPLICATIONS ON TORRAPK MAY BE DISTRIBUTED IN ANY GEOGRAPHIC AREA OF THE WORLD. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO YOUR DISTRIBUTION OR USE OF YOUR APPLICATIONS. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, USERS AND END USE.

13.5 The obligations in Sections 9, 10, 11 e 13 will survive the deletion of your Developer Account and the Termination of Service.

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