Appliv Terms of Use

Use of Appliv services, including the Appliv website and native Appliv applications (hereafter referred to collectively as “Appliv” or “Appliv Services”) provided by Nyle Inc. (hereafter referred to as “Nyle”) is subject to the following Terms of Use (hereafter referred to as “Terms”). You should carefully read the Terms. By using Appliv, including, but not limited to, viewing and searching Appliv, you are agreeing to comply with and be bound by the Terms. You may be subject to additional terms, rules, and regulations that may apply when using services provided by Appliv. In the event that any additional terms contradict or conflict with the Terms, the Terms shall take precedence.

1. Appliv’s Goal

Appliv provides Users to both access and submit reviews, comments, questions, and answers (hereafter referred to as “User-Submitted Content”) about applications featured on Appliv. Appliv’s goal is to facilitate the exchange of information between Users through User-Submitted Content to provide a more enjoyable experience when considering whether or not to download applications.

2. Registration Process

Users may register an account with Appliv. You agree that your registration may be refused or your account terminated if a previous account was terminated due to violation of the Terms. You agree that Nyle shall have no liability for any damages or losses you incur as a result of your registration being refused or your account terminated.

Appliv Services are offered at the sole discretion of Nyle and may be modified or removed at any time without advance notice. You agree that Nyle shall have no liability for any damages or losses you or others incur as a result Appliv Services being modified or removed.

3. Username and Password Management

As part of the registration process, you are provided a logon ID and password. You agree that you are responsible for maintaining the confidentiality of this information. You agree that you are fully responsible for all activities that occur under your password and that Appliv shall not be held responsible for any activities that occur under your password.

4. Privacy Policy

Please consult the Appliv Privacy Policy for detailed information.

5. Copyright and other Intellectual Property Rights

  • You agree that the trademarked, copyrighted, or content covered by other intellectual property rights (including text, images, designs, trademarks, advertisements, software, and other trademarked or copyrighted material) submitted to Appliv remains the intellectual property of Nyle or its original rightsholder.
  • You agree that you shall not reproduce, modify, distribute, duplicate, copy, reprint, trade, sell, create derivatives of, translate, transcode, loan, or otherwise use materials found on Appliv. While this does not extend to private social networking services such as Twitter or Facebook, we ask that you act responsibly as an Appliv user.

6. User-Submitted Content

  • a. You agree that you must register an account to submit content to Appliv.
  • b. You agree that native Appliv applications may, for the purposes of enhancing user experience, collect data on what applications are currently installed or in use on your mobile device.
  • c. You agree that you shall not upload, post, or transmit (collectively, "submit") any User-Submitted Content that:

    • i. Violates any law;
    • ii. Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
    • iii. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
    • iv. Clearly deviates from the stated purpose of Appliv;
    • v. Contains dubious or fraudulent material;
    • vi. Unduly harasses, slanders, threatens, or intimidates any individual;
    • vii. Depicts, promotes, or incites violence, cruelty, sexual acts, or other actions of a criminal nature against minors;
    • viii. Contains or links to malicious code, computer viruses, or Trojan horses;
    • ix. Otherwise could be determined to be inappropriate use of Appliv by a reasonable person.
  • d. You agree that by submitting content to Appliv, you grant Nyle an unconditional license to reproduce, modify, distribute, duplicate, copy, reprint, trade, sell, create derivatives of, translate, transcode, loan, or otherwise use the content, including on third-party websites, for the duration of the copyright period, at no charge.
  • e. You agree that Nyle, or its authorized third-party partners, may reuse User-Submitted Content for other related services. You agree that in such an event, there shall be no limit on the region of distribution, that no statement of copyright or ownership shall be attached to the content, and that the User shall not receive any royalties.
  • f. You agree that in the above case, you shall not exert any rights as the content author and that Nyle may extract and modify parts of the content as it sees fit.

7. Limitation of Liability and Disclaimer of Warranties

You agree that you use Appliv Services at your own risk. The following conditions shall apply:

  • a. Nyle makes no guarantees as to the content and claims made in reviews, comments, or advertisements. Nyle shall have no liability for any damages or losses you incur as a result of the information found on Appliv.
  • b. Nyle makes no guarantees regarding User-Submitted Content. Nyle shall have no liability for any damages or losses you incur due to User-Submitted Content, or trouble resulting from disputes with other users.
  • c. Nyle makes no guarantees regarding the content of linked third-party sites.
  • d. Native Appliv applications are considered part of the primary browser-based Appliv Services. Therefore, User-Submitted Content and other information obtained from native applications shall be used in a similar manner as on the Appliv website.

8. Prohibited Actions

  • You agree that as a User you must behave in a civil and respectful manner at all times. Further, you will not engage in the following prohibited actions:
    • a. Reproducing, modifying, distributing, duplicating, copying, reprinting, trading, selling, creatng derivatives of, translating, transcoding, loaning, or otherwise using information and content provided by Appliv in an unauthorized manner without prior consent from Nyle,
    • b. Behaviors that violate applicable law, public order, or these Terms,
    • c. Interfering in the operation Appliv or otherwise causing damage or defamation to Nyle,
    • d. Providing false or inaccurate information during the registration process,
    • e. Registering for multiple Appliv accounts,
    • f. Unauthorized use of your Appliv account information, or allowing other websites and persons to use your Appliv account,
    • g. Excessive consumption of bandwith,
    • h. Using Appliv Services for commercial or monetary purposes in a manner inconsistent with Appliv’s purpose
    • i. Using Appliv Services to collect large amounts of personal data or for market research,
    • j. Other inappropriate behaviors as determined by Nyle.
  • You agree that the above list is not comprehensive and that Nyle may, at its sole discretion, take appropriate measures if it determines you have used Appliv in an improper or inappropriate manner, including the suspension or termination of your Appliv account. You agree that Nyle shall have no liability for any damages or losses you incur as a result of your account being terminated for engaging in prohibited actions.

9. Termination of Services

  • a. You have the right to request deletion of your Appliv account.
  • b. By terminating your account, you agree to forfeit all rights associated with that account.
  • c. Sections 3 through 8 and section 11 of the Terms shall survive account termination.

10. Changes

Nyle reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of Appliv following the posting of any changes to these Terms constitutes acceptance of those changes.

11. Applicable Law and Jurisdiction

Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court, Japan, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.

Original Version: August 1, 2012

Last Revised: June 6, 2014