Developers Agreement

IranApps Developer Agreement

Last revise date: 11 May, 2015

1. Introduction

1.1. IranApps (“IranApps”) is owned and operated by Tadbir Gostaran Behineh Saz (“TGBS”). Your use of IranApps is governed by a legal agreement between you and TGBS consisting of the TGBS Terms of Service. In addition, your use of IranApps is subject to the IranApps Business and Program Policies. The IranApps Terms of Service, TGBS Business and Program Policies, and IranApps Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

1.2. You accept the Terms by either (1) Registering as a legal developer in IranApps where registrations are presented to you, or (2) actually using the IranApps application or web service (Accessible on Developer.IranApps.ir)

1.3. In order to use IranApps you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use IranApps.

2. TGBS's Provision of IranApps

2.1. You agree that TGBS may stop (permanently or temporarily) providing IranApps (or any features within IranApps) to you or to users generally at TGBS’s sole discretion, without prior notice to you.

2.2. You agree that if TGBS disables access to your account, you may be prevented from accessing IranApps, your account details or any files or other Products that are stored with your account.

2.3. TGBS may make available to you various payment processing methods to facilitate the purchase of Products from IranApps. You agree to abide by any relevant Terms of Service or other legal agreement, whether with TGBS or a third party, that governs your use of a given payment processing method. You agree that TGBS reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

2.4. From time to time, TGBS may discover a Product on IranApps that violates the Developer Distribution Agreement or other legal agreements, laws, regulations or policies. You agree that in such an instance TGBS retains the right to remotely remove those applications from your Device at its sole discretion.

3. Your Use of IranApps

3.1. In order to access certain services in IranApps, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to TGBS will always be accurate, correct and up to date.

3.2. You agree to use IranApps only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls, including, but not limited to, the Islamic republic of Iran Department of Commerce's Regulations and programs administered by Communications regulatory Autority (CRA) of the Islamic republic of Iran. By using IranApps, you represent and warrant that you are not prohibited from receiving exports or services under the Islamic republic of Iran or other applicable export, Import laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Products.

3.3. You agree not to access (or attempt to access) IranApps by any means other than through the interface that is provided by TGBS, unless you have been specifically allowed to do so in a separate agreement with TGBS. You specifically agree not to access (or attempt to access) IranApps through any automated means (including use of scripts, crawlers, or similar technologies) and shall ensure that you comply with the instructions set out in any robots.txt file present on the IranApps website.

3.4. You agree that you will not engage in any activity that interferes with or disrupts IranApps (or the servers and networks which are connected to IranApps). You agree that you will not use any of the Products found on IranApps in a way that interferes or disrupts any servers, networks, or websites operated by TGBS or any third-party.

3.5. Unless you have been specifically permitted to do so in a separate agreement with TGBS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell IranApps for any purpose.

3.6. You agree that you are solely responsible for (and that TGBS has no responsibility to you or to any third party for) your use of IranApps and any Products, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which TGBS may suffer) of any such breach.

3.7. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of IranApps or the purchase of Products through IranApps, and that the reporting and payment of any such applicable taxes are your responsibility.

3.8. You agree that TGBS and/or third parties own all right, title and interest in and to IranApps and the Products available through IranApps, including without limitation all applicable Intellectual Property Rights in the Products. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter TGBS's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.

3.9. TGBS reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Products from IranApps. However, you agree that by using IranApps you may be exposed to Products that you may find offensive, indecent or objectionable and that you use IranApps at your own risk.

4. TGBS Services and Third Party Products and Services

4.1 Some components of Products (whether developed by TGBS or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms and any such licenses, the open source software licenses shall prevail with respect to those components.

5. Automatic Updates

5.1. Products originating from TGBS may communicate with TGBS servers from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing these Products, you agree to such automatically requested and received Updates.

6. Export Restrictions

6.1. Products available on IranApps may be subject to export controls or restrictions by the Islamic republic of Iran or other countries or territories. You agree to comply with all applicable I.R of Iran and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

7. Indemnification

7.1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless TGBS, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from your use of IranApps, including your downloading, installation, or use of any Products, or your violation of these Terms.

8. Termination

8.1. These Terms will continue to apply until terminated by either you or TGBS as set out below.

8.2. If you want to terminate these Terms, you may do so by ceasing your use of IranApps and any Products downloaded from IranApps.

8.3. TGBS may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) TGBS is required to do so by law; or (C) TGBS decides to no longer provide IranApps.

8.4. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TGBS have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

9. DISCLAIMER OF WARRANTIES

9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF IRANAPPS AND ANY PRODUCTS DOWNLOADED OR OBTAINED THROUGH IRANAPPS IS AT YOUR SOLE RISK AND THAT IRANAPPS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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

9.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGBS 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, WITH RESPECT TO ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH IRANAPPS AS WELL AS IRANAPPS ITSELF.

9.4. NONE OF THE PRODUCTS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

10. LIMITATION OF LIABILITY

10.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TGBS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF IRANAPPS OR ANY PRODUCTS DOWNLOADED OR OBTAINED FROM IRANAPPS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT TGBS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

11. General Legal Terms

11.1. These Terms constitutes the whole legal agreement between you and TGBS and govern your use of IranApps and Products, and completely replace any prior agreements between you and TGBS in relation to IranApps and Products.

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

11.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

11.4. You acknowledge and agree that each member of the group of companies of which TGBS is the parent shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.

11.5. The rights granted in the Terms may not be assigned or transferred by either you or TGBS without the prior written approval of the other party. Neither you nor TGBS shall be permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.

11.6. These Terms and your relationship with TGBS under these Terms shall be governed by the laws of the I.R of Iran without regard to its conflict of law's provisions. You and TGBS agree to submit to the exclusive jurisdiction of the courts located within the Tehran, Iran to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that TGBS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.