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Mobile applications market - Terms of service

1. This agreement

The following are terms of a legal agreement between you and Norma Active Ltd (“The Owner”), owner of this website – www.esdn.ws (“the Website”).

Please read these terms of use of the Website carefully before using the site!

By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by this agreement and any additional agreements that may be listed on the website or referenced by the website.

If you do not agree with these terms of service, you're not legally allowed to use the Website.

2. Service description

The Website provides listing services of software applications, software libraries or other identifiable pieces of electronic content designed for particular devices running particular operating systems (“Mobile Applications”) to the general public.

The Website accepts for listing both free and paid Mobile Applications, with the requirement that for every paid Mobile Applications title, a free demonstration version is provided for testing by the general public.

The Website offers integrated Payment Service(s) which allow customers to buy Mobile Applications.

Each Mobile Applications purchase is executed immediately between the customer and the Mobile Applications title developer and the latter receives the sale price minus the commission paid to the Website owners and any applicable fees implied by the Payment Service. For more information about the commission rates see “Mobile Applications developers & providers” below.

The Website provides customers who have bought Mobile Applications the ability to acquire at any time a fully functional copy (or unlocking codes and procedures for obtaining full functionality) of each Mobile Applications title bought and this ability is free of any fees and charges and is valid for the time of the existence of the Website.

The Website has no defined and/or intended date for terminating its existence or any of the functionality described above.

3. Effective date

The effective date of this agreement is: January 24-th, 2011.

4. Changes to this agreement

The provisions of this agreement may be changed by the owners of the website. The date of the last modification – which is the date the provisions of the agreement become affective – is listed above under the “Effective date” article.

Should significant changes to this agreement are planned, the new version of the agreement will be made available at the same place the current agreement is available, for not less than 30 days before the date when new terms will become effective.

5. Privacy and children's online privacy

Provisions related to the privacy of information (both personally identifiable and not personally identifiable) and the protection of children's online privacy are listed in a separate agreement, under the “Privacy policy” title.

The Website's Privacy policy can be found here.

6. Third party information and links

The Website contains link to third party websites, including but not limited to the websites of mobile applications developer (“Linked Websites”) and lists information obtained from third parties, including but not limited to software, software screenshots, software user manuals and software descriptions (“Third Party Information”).

The Website uses third party services, including but not limited to payment related services (“Used Services”).

Linked Websites, Third Party Information and Used Services are not under the control of the owners of the Website, and the latter are not responsible for any aspect of the contents of any Linked Site or Third Party Information.

Any relationship with third parties conducted through the Website, Linked Sites and Used Services, including but not limited to the delivery of and the payment for goods and services, are only between you and the third party and the owners of the Website shall not be held liable or responsible for any part of any such relationships and the consequences of these relationships.

7. Your use of the Website obligations

When using any part of the Website, or any part of the Used Services, by any means and under any form, you agree to the following:
  1. You will not violate any law or regulations; local or international.
  2. You will provide true, accurate and current information when you create any type of accounts with the Website or with the Used Services; you will maintain the the information provided in true, accurate and current status.
  3. You will not perform or help others to perform any activities that may lead to any of the following:
    • Modify or harm the performance of the Website or any of the Linked Websites or any of the Used Services.'
    • Obtaining from the Website, or from the Linked Websites, or from the Used Services, any information about third parties – both personally identifiable and not personally identifiable.'
    • .Prevent, under any form, any third party from using the Website, or any Linked Website or any Used Service.
    • Download, copy, or otherwise acquire, and/or distribute a file or information – from the Website or from the Linked Websites or from the Used Services – that you know can not or should not be available for such activities.
    • Impersonate any person that is not you; or entity that you do not belong to and/or you do not have legal right to represent.
    • Perform any activity that will harm the good name and the good standing of the Website, the Website owners, the Linked Websites, the Linked Website's owners, the Used Services and the Used Service's owners.
  4. You will be held responsible for all activities undertaken by you while using the Website or the Third Party Information or the Used Services.
  5. You are responsible for keeping your password for accessing password-protected areas of the Website and Used Services and you are responsible for all actions that occur under your account.
  6. You will not disclose you passwords for different for accessing password-protected areas of the Website and the Used Services to any third party, nor will you allow others to use these areas and services, under you account. Company account holders are responsible for implementing and maintaining rules of usage of the company's account with respect to these Terms of service.
  7. You will not act in any impolite, rude or otherwise questionable manner towards any other user of the Website or towards any person related – professionally or not – to a Linked Website, to a Used Service or to the Website.
  8. You will not use the Website or the Linked Websites or the Used Services to publish or link to any information or content that is unlawful or indecent or profane or in any other way inappropriate or out of the good manners or away of the current topic of the Website.

    This includes, and is not limited to: racism, hate, pornography, hacking, bomb building, terrorism, religion intolerance, sexual harassment and any other content that is not suitable for general audience.

8. Non-commercial use of the Website

The Website is created for your personal, non-commercial use.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website, from the Linked Websites or from the Used Services.

9. Intellectual property

The Website as a whole, and any part of it are exclusive intellectual property of Norma Active Ltd.

The Linked Websites, the Third Party Information and the Used Services are property of their respective owners.

All intellectual property is protected by domestic and international law and any infringement will be prosecuted to the maximum extend of the applicable laws, as well as any possible assistance for such prosecution will be provided to the intellectual property owners.

Permission to use any part of the Website should be taken prior any such use.

Permission to use any part of the Linked Websites, the Third Party Information or the Used services should be granted to you, in accordance with the respective terms of service, by the respective owner(s) of each part.

If case of copyright infringement found on the Website, please notify us – see section “Notice” – and provide the following:
  1. An electronic signature of the copyright owner or a person authorized to act on their behalf.
  2. An identification of the copyright claimed to have been infringed.
  3. A description of the nature and exact location of the content that you claim to infringe your copyright.
  4. Your name, address, telephone number and email address.'
  5. A statement by you:
    • that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent;
    • that under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

10. Mobile Applications developers and providers

By uploading and activating, through your registered developer account, of any Mobile Applications title (“Your Title”), you also do the following:
  1. You grant the Website owners a non-exclusive, worldwide, royalty-free right and license to use: the name of Your Title; your name or the name of your company as a developer or provider of Your Title; your service marks, logos and other identifying and distinctive marks, for the purposes of the presenting of Your Title.
  2. You keep all and any rights and ownership of the Mobile Applications title and all other related materials provided by you in relation with the Mobile Applications title: screenshots, descriptions, documentation, etc.
  3. You agree that the Website owners can, at any time, and on their solely discretion, refuse to present, or stop presenting any of Your Titles.
  4. You declare that your have all necessary rights, related to any copyrighted material, to upload and make the Your Title available for presentation to the general public, through but not limited to, the Website.
  5. You declare that each and every part of Your Title matches all requirements of the “Your use of the Website obligations” of these terms.

    Offensive content accounts will be terminated immediately.
  6. You declare that you will handle with reasonable effort and in timely fashion all reported problems related to the expected and actual performance of Your Title and you will improve Your Title and made the improvements available on the Website in timely fashion. Should that be the case and you are not able to correct problems in Your Title you declare that you will deactivate your title, thus removing it from listing on the Website, until a solution is found and implemented.
  7. If Your Title is not free, you agree to define a return policy related to any of Your Titles and will adhere to this policy. You also agree that the Payment Service, that was used by any customer to purchase Your Title has its own defined Return Policies and should a customer decides, he/she can exercise the provisions of the Payment Service's Return Policy, in which case you will fully cooperate to the customer and the Payment Service.
  8. If Your Title is not free, you agree to pay commission to the Website owners for every sale of any of your non-free titles, which is defined as following:
    • Initially is set to 11% of the sale price.
    • Should you place a link to the Website on you own website and let us know of this fact – the value of the commission rate will be set to 9 %.
    • Further actions to lower the commission rate value to 7% will be defined.
    You also agree that the transaction costs implied by the Payment Service the buying customer has chosen, will be split between you and the Website at the same rate as the commission rate you pay to the Website.
  9. If Your Title is not free, you declare that upon receiving a notification (from the Website or from a Payment Service) of purchase of Your Title you will exercise, in timely fashion, your practices of registration and fulfillment of the purchase, regardless the fact that the Website also provides similar services for the customer.
  10. You receive the right to receive in timely fashion sufficient efforts of technical support for uploading and making available on the Website of any of Your Titles.
  11. You receive the right to have any of Your Titles listed on the Website in the same way any other Title is listed, without diminishing in any way the exposure of any of Your Titles.
  12. You declare that if the recipient of the income from selling Your Titles through the Website is registered under a Value Added Tax (VAT) law – whether a person or a company – and the recipient is from a country in the European Union (EU) you will provide, for the purposes of our financial accounting, the VAT number and the full invoicing details of the income recipient.

11. Buying Mobile Applications titles

If you buy any Mobile Applications title listed on the Website and through the Payment Services used by the Website, you also do the following:
  1. You acquire, for the lifetime of the Website, the right to obtain a full and unlimited copy of the Mobile Applications title, any time you want, as many times you need, for free and without any fees, taxes, without any additional requirements.

    You agree that an anonymous account will be created on your behalf on the Website, through which you will access the full copies of the Mobile Applications you have purchased.

    You declare that you will not disclose to any third party, by any means, the information about how to obtain the full copies of the Mobile Applications you have purchased.
  2. You agree that the developer of the Mobile Applications title, on his solely discretion, may or may not provide free updates to the Mobile Applications title that you have purchased. Should the latter be the case, you will have rights upon the previous article, for as long as there is no paid update introduced after the version of the Mobile Applications that you have purchased.
  3. You agree that we have made our best efforts to provide you with enough information to make an informed decision whether to buy or not to buy each of the Mobile Applications titles listed on the Website and that these efforts include and are not limited to providing for each Mobile Applications title: screenshots; description; ability to post reviews and read other customer's reviews (where available) and the responses (where available) to the reviews by the respective developers; free demonstration download that can be downloaded and tested buy you for no charge; support information sources – at least one of: an email address, a web page address or a phone number.
  4. You declare that you will direct all and any support issues related to any Mobile Applications title you have bought through the Website to the developer of the Mobile Applications title.
  5. You declare that you will direct all and any refund request to the developer of the Mobile Applications title and that in case of a refund you agree to be refunded an amount of maximum of 89% of the sale price, as the Website nonrefundable commission is maximum equal to 11% of the sale price. You also agree that the Payment Service refund policy may also make part of your payment nonrefundable.
  6. You declare that you buy the Mobile Applications title for personal and strictly non-commercial use. Any intent for commercial use should be negotiated with the respective developer of the Mobile Applications title.
  7. You declare that you will not use any part of the Mobile Applications title to conduct (or to help third parties to conduct) actions that will violate the requirements of the “Your use of the Website obligations” of these terms.In response to improper actions and under their solely discretion, the Website owners may decide to terminate your access to the full copies of the Mobile Applications you have purchased through the Website.

12. Disclaimer of warranties

The Website is provided “as-is”, with no warranty of any kind and you use the service fully at your own risk. The owners of the Website hereby expressly disclaim any warranty, express or implied, regarding the Website, including any implied warranty or merchantability, fitness for a particular purpose or non-infringement.

13. Damages

Under no circumstances will the Website owners be liable to you (or to any third party related to you) for any kind of damage, or loss, or costs, be direct, indirect, incidental, consequential or other, arising out of or in connection with your (or that of a third party related to you) usage of the Website or the Used Services. Hereby you have been advised of the possibility of such damage and that it is your responsibility to evaluate the Website and the Used services and to decide whether to use the Website or not.

14. Limitation of liability

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against the owners of the Website and its employees and representatives, from any and all liability for claims, damages (actual, consequential or other), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Website.

15. Indemnification

You agree to hold harmless and indemnify the owners of the Website, and their employees, sagents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

16. Violation of the Terms of Service and Termination

Where feasible and by their solely discretion, the Website owners will advise you of any inappropriate behavior on your part and any necessary action to correct it and will expect your full cooperation and immediate responses for resolving the matter.

In case of continuous violation of the these terms or in case of a severe single act of violation, the Website owners reserve the right, under their solely discretion, to terminate your access to the Website, for any reason and without notice, and with no need of any warning or explanation.

17. Severability and exercise

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

The failure of the Website owners to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

18. Notice

All communications related to or required under these Terms of service, including any notice of copyright infringement, should be made to one of the following:The Website owners reserve the right, on their solely discretion, to request written communication on matters of importance.

19. Choice of law and jurisdiction

This agreement shall be interpreted in accordance with the law in the European Union and Bulgaria.
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