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       APPAIL.COM
            TERMS & CONDITIONS

          Effective May 10, 2016
                                                                        

IMPORTANT! : PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (“TERMS”) BEFORE PURCHASING ANY PRODUCTS OR SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms apply to your use and consumption of the products and services (the “Products”) provided by AZORIAN, Inc., DBA Appail! (APPAIL.COM) a California Corporation (also referred to as “APPAIL, APPAIL.COM, and the “Company”). You, the customer (also referred to as “I”, “me”, “my” and the “Customer”) agree to these Terms by confirming through your purchase of the Products. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT PURCHASE OR CONTINUE WITH YOUR PURCHASE OF THE PRODUCTS. The Service is available only to individuals who are at least 18 years old, or businesses with principals over age of 18.

My use of AZORIAN Inc., services DBA APPAIL or APPAIL.COM shall constitute my confirmation of an agreement to the following Terms and Conditions (also referred to as the “Terms” or the “Agreement”) and will begin with service purchase on APPAIL.COM or an agreement signed with Representatives of Azorian Inc. /DBA Appail! Or 3rd party affiliates and agents of the company.

You are responsible for maintaining the security of your account and blogs or any social media networking sites linked to your account here in Appail.com or your app or any services provided by Azorian Inc. DBA Appail, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. Or any other social media platform or etc. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Azorian , Inc. DBA APPAIL,or Appail.com
Azorian, Inc. DBA APPAIL. May change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Azorian, Inc. DBA APPAIL.
Any form of liabilities. You must immediately notify Azorian, Inc. DBA APPAIL. of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. Azorian, Inc. DBA APPAIL. Will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

(Responsibility of Contributors. If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that.)

You must follow the Rules, explained here:

1. Downloading or copying and use of the Content , pictures ,etc…,will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party involved

2. If anyone else other than you has the rights to intellectual properties you create, you must either receive the permission from the party to post or make the content available, including but not limited to any software, or secured a rights from the owner party as a waiver to all the rights in or to the Content. This also includes the intellectual properties owned by other corporations.

3. You must fully comply with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to the end users required terms.
a. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

b.  The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content          designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts or mislead recipients as to the source of the materials.

c. The Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
d. Your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
e. Your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; or DBA.

By submitting you’re Content to Azorian, Inc. DBA APPAIL For inclusion on any services or applications provided by Azorian, Inc. DBA APPAIL you grant Azorian, Inc. DBA APPAIL. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your social network or mobile application. If you delete or update any content, Azorian, Inc. DBA APPAIL will use reasonable efforts to remove or update it from the provided services, but you acknowledge that caching or references to the content may not be made immediately unavailable. Without limiting any of those representations or warranties, Azorian, Inc. DBA APPAIL. has the right (though not the obligation) to, Azorian, Inc. DBA APPAIL‘s sole discretion to refuse or remove any content that, in Azorian, Inc. DBA APPAIL‘s reasonable opinion, violates any Azorian, Inc. DBA APPAIL policy or is in any way harmful or objectionable, or terminates or deny access to and use of the Service to any individual or entity for any reason, in Azorian, Inc. DBA APPAIL ‘sole discretion. Azorian, Inc. DBA APPAIL. Will have no obligation to provide a refund of any amounts previously paid.

Fees and Charges:
User agrees to either a one (1) month or twelve (12) month or (24) month contract agreement with Azorian, Inc. DBA APPAIL. User can upgrade or downgrade their service agreement to any other contract agreement that Azorian, Inc. DBA APPAIL is currently offering for sale at any time during User’s contract term. Any plan downgrades will take effect when your next billing cycle begins. In the case of an upgrade, you will be charged for the difference in the cost of the two contracts over the remainder of the original contract term. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled. Cancellation must be issued via Azorian, Inc. DBA APPAIL support team. Any cancellation must be done (30) days prior to the end of the contract term to allow for adequate processing time.

Chargeback / Refund Policy:
If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Azorian, Inc. DBA APPAIL All Accounts and services with Azorian Inc. /DBA Appail are in month to month trial which will allow you to evaluate the services. Unless you have chosen the option of annual services or more.
Please sign up for a monthly payment schedule if you are unsure of how long you will be using the services. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Azorian, Inc. DBA APPAIL. has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Services. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

Responsibility of Service Visitors:

Azorian, Inc. DBA APPAIL. has not reviewed, and cannot review all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects.
By operating the Service, Azorian, Inc. DBA APPAIL, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
Azorian, Inc. DBA APPAIL. Disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

Content Posted on Other Services:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Azorian, Inc. DBA APPAIL links, and that link to Appail.com.
Azorian, Inc. DBA APPAIL. does not have any control over those non- Azorian, Inc. DBA APPAIL services and webpages, and is not responsible for their contents or their use.
By linking to a non- Azorian, Inc. DBA APPAIL. Website or webpage, Azorian, Inc. DBA APPAIL. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, and other harmful or destructive content. Azorian, Inc. DBA APPAIL. . disclaims any responsibility for any harm resulting from your use of non- Azorian, Inc. DBA APPAIL. websites and webpages.

Copyright Infringement and DMCA Policy:
Azorian, Inc. DBA APPAIL asks all the users to respect its intellectual property rights.
If you believe that material located on or linked to by Azorian, Inc. DBA APPAIL or any Azorian, Inc. DBA APPAIL social network or mobile application violates your copyright, you are encouraged to notify Azorian, Inc. DBA APPAIL. in accordance with Azorian, Inc. DBA APPAIL‘s Digital Millennium Copyright Act (DMCA) Policy. Azorian, Inc. DBA APPAIL. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Azorian, Inc. DBA APPAIL. or others Azorian, Inc. DBA APPAIL. may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Azorian, Inc. DBA APPAIL. will have no obligation to provide a refund of any amounts previously paid to Azorian, Inc. DBA APPAIL.

Intellectual Property:

This Agreement does not transfer from Azorian, Inc. DBA APPAIL. to you any Azorian, Inc. DBA APPAIL. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Azorian, Inc. DBA APPAIL. Azorian, Inc. DBA APPAIL Inc. , Azorian Inc., Appail.com, the Azoriancorp.com logo, Appail Logo and all other trademarks, service marks, graphics and logos used in connection with Azorian, Inc. DBA APPAIL, or the Service are trademarks or registered trademarks of Azorian, Inc. DBA APPAIL ‘s licensors. other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Azorian, Inc. DBA APPAIL. or third-party trademarks.

Changes of Terms and Conditions and Content:
Azorian, Inc. DBA APPAIL. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Azorian, Inc. DBA APPAIL. may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Product owner ship.
All products and services provided by Azorian Inc. /DBA Appail! Including but not limited to any standard and interactive or concierge apps, domain names, landing pages and hosting as well as websites created by Azorian Inc., DBA Appail! And email marketing software and etc. are the properties of company and in exchange of the monthly fee users will be allowed using the services created by the company in end of terms of services and by cancelation of the account company will keep all the services created by company and users cannot claim the owner ship.
Unless with an amendment and separate contract with authorization from the company.

All the Apps Creates by Azorian Inc., DBA Appail are registered under companies developer accounts with IOS and Android and any other platform which company may provide service in future and unless company change the owner ship to the individual or companies will remain same.

Prohibition on Spam; Permission Practices.

Prohibition on Spam. The Site and the Products and Apps may not be used for the sending of unsolicited email or mobile push messages (sometimes called “spam”). All messages sent by means of the Site or the Products shall be in compliance with our Anti-Spam Policy.

You are responsible for ensuring that your use of the Site and the Products do not generate a number of spam or other complaints in excess of industry norms. We may terminate your access to or use of the Site and the Products if we determine that your level of spam or other complaints is higher than industry norms, as determined by us in our sole discretion. As a matter of privacy, we will not share with you information about those recipients who complain about your use of the Products or file a spam report against you.

You agree to import, access or otherwise use only contact lists in connection with the Site and the Products and the App ,for which all listed parties have consented to receive correspondence from you (such as by opting into your “Join My Mailing List” link or download your app). It is not sufficient consent to receive email correspondence from you if a person or organization participates in a survey or registers for an event, clicks “Like” on your Facebook® page, or “follows” you on Twitter®. If you have used our feature that allows you to request a recipient to confirm that you have the recipient’s permission to send messages to such recipient (assuming such use is permitted by laws applicable to you), and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send messages to that recipient. You agree not to send messages through the Site or the Products to distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses.

We reserve the right without notice to take all measures of any nature (whether legal, technical or otherwise) to prevent unsolicited bulk email and/or other unauthorized email, messages or campaigns from entering, utilizing or remaining within our network.

Termination:
Azorian, Inc. DBA APPAIL. may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Azorian, Inc. DBA APPAIL account (if you have one), you may simply discontinue using the Service. Azorian, Inc. DBA APPAIL. can terminate the Service immediately as part of a general shut down of our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties:
The Service is provided “as is”.

Azorian, Inc. DBA APPAIL. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Azorian, Inc. DBA APPAIL. nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability:
In no event will Azorian, Inc. DBA APPAIL. , or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any special, incidental or consequential damages.
The cost of procurement or substitute products or services for interruption of use or loss or corruption of data; or for any amounts that exceed the fees paid by you to Azorian, Inc. DBA APPAIL. under this agreement during the twelve (12) month period prior to the cause of action. Azorian, Inc. DBA APPAIL shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty:
You represent and warrant that your use of the Service will be in strict accordance with the Azorian, Inc. DBA APPAIL. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification:
You agree to indemnify and hold harmless Azorian, Inc. DBA APPAIL, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous:

This Agreement constitutes the entire agreement between Azorian, Inc. DBA APPAIL. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Azorian, Inc. DBA APPAIL. , or by the posting by Azorian, Inc. DBA APPAIL. of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California, U.S.A. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration.

 Termination:

Azorian, Inc. DBA APPAIL.  may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Azorian, Inc. DBA APPAIL account (if you have one), you may simply discontinue using the Service. Azorian, Inc. DBA APPAIL.  can terminate the Service immediately as part of a general shut down of our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

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