These terms of service ("Terms") govern your access and use of any and all
PC App Store™ services offered through the PC App Store™
website and products (the "Services"), so please read them carefully
before using any of the Services.
By using any of the services you agree to be bound by these Terms in their
entirety.
If you are using the Services on behalf of an organization then you are
agreeing to these Terms for that organization and are warranting that you
have the authority to bind that organization to these terms. In that case
"you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use
the Services only if you have the power to form a contract with PC App
Store™ and are not barred under any applicable laws from doing so.
The Services may continue to change over time as we refine and add more
features. We may stop, suspend, or modify the Services at any time without
prior notice to you. We may also remove any content from our Services at
our discretion.
2. Modifications
We may revise these Terms from time to time and the most current version
will always be posted on our website. By continuing to access or use the
Services after revisions become effective, you agree to be bound by the
revised Terms. If you do not agree to the new terms, please stop using the
Services.
3. Software and Updates
Some of our Services require you to download a client software package
("Software"). PC App Store™ hereby grants you a limited,
nonexclusive, nontransferable, revocable license to use the Software,
solely to access the Services. Your license to use the Software is
automatically revoked if you violate these Terms in a manner that
implicates our intellectual property rights. We hereby reserve all rights
not expressly granted in these Terms. You must not reverse engineer or
decompile the Software, nor attempt to do so, nor assist anyone else to do
so. Our Services may update the Software on your device automatically when
a new version is available. Your acceptance of such updates is required
under the Terms.
4. Account Security
You are responsible for safeguarding the password that you use to access
the Services and you agree not to disclose your password to any third
party. You are responsible for any activity using your account, whether or
not you authorized that activity. You should immediately notify PC App
Store™ of any unauthorized use of your account.
5. Your General Responsibilities
You, and not PC App Store™, are responsible for maintaining and
protecting all of your files. PC App Store™ will not be liable for
any loss or corruption of your files, or for any costs or expenses
associated with backing up or restoring any of your files.
6. Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT
EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. PC App Store™ will have no responsibility for any
harm to your computer system, loss or corruption of data, or other harm
that results from your access to or use of the Services or Software. Some
jurisdictions in the United States do not allow the types of disclaimers
in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PC App
Store™, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR
LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR
PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PC App
Store™ HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN
IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR
ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF ?20 OR THE
AMOUNTS PAID BY YOU TO PC App Store™ FOR THE PAST THREE MONTHS OF
THE SERVICES IN QUESTION. Some jurisdictions in the United States do not
allow the types of disclaimers in this paragraph, so they may not apply to
you.
7. Termination
You can stop using our Services any time. We reserve the right to suspend
or end the Services at any time, with or without cause, and with or
without notice. For example, we may suspend or terminate your use if you
are not complying with these Terms, or use the Services in any way that
would cause us legal liability or disrupt others' use of the Services. If
we suspend or terminate your use, we will try to let you know in advance
and help you retrieve data, though there may be some cases (for example,
repeatedly or flagrantly violating these Terms, a court order, or danger
to other users) where we may suspend immediately. If we terminate your
service for breach of these terms no refund of any fees paid to PC App
Store™ relating to your service will be offered. If we terminate
your service for any other reason than breach of these terms, or at our
sole discretion, then we may refund unused portion of fees paid for the
Services on a pro-rate basis.
8. Jurisdiction
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY
ENGLAND LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS
ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST
BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, ENGLAND AND BOTH PARTIES
CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute
the entire and exclusive agreement between you and PC App Store™
with respect to the Services, and supersede and replace any other
agreements, terms and conditions applicable to the Services. These Terms
create no third party beneficiary rights. PC App Store™'s failure to
enforce a provision is not a waiver of its right to do so later. If a
provision is found unenforceable the remaining provisions of the Agreement
will remain in full effect and an enforceable term will be substituted
reflecting our intent as closely as possible. You may not assign any of
your rights in these Terms, and any such attempt is void, but PC App
Store™ may assign its rights to any of its affiliates or
subsidiaries, or to any successor in interest of any business associated
with the Services. PC App Store™ and you are not legal partners or
agents; instead, our relationship is that of independent contractors.
9. Free Trial Period
Where services are offered on a free trial basis, payment will be taken
for the first month, quarter or year when you enter your billing details
during the free trial period.
PC App Store™ may offer free use based on shared resources, where PC
App Store™ may use distributed computing monetization. At any given
time you can upgrade to premium or remove the product.
The renewal date for the contract shall be deemed to be one month, quarter
or year following the end of the free trial period.
If you wish to cancel your contract during the free trial period you may
do so by informing us via e-mail
(support@PCApp.Store) before the
end of the free trial period, and before you have made payment.
If you do not cancel your service prior to the end of the free trial
period the fees for the first month, quarter or year of your service will
become due.
Optionally, with some services, you may pay in advance at the commencement
of your free trial. In these circumstances you cannot cancel the free
trial as described above, but a money back guarantee may be available if
you chose to cancel within 30 days.
10. Money Back Guarantee
Some services are advertised as including a money back guarantee. To
receive a refund under the guarantee you must follow the instructions in
our Refund Policy.
If you do not claim a refund of fees during the period mentioned in our
Refund Policy, then no refund will be due.
Money back guarantee is not available in combination with a free trial. If
you pay for our services during or at the end of a free trial period then
no money back guarantee will be available.
11. Refund Policy
Due to the nature of digital distribution of active license codes, PC
App Store™ can not offer refunds or exchanges for products once
delivered and activation/license key has been viewed. All licensing
sales are final.
You may request a refund if you have not yet retrieved the
activation/license key from our system. If you have already retrieved
the activation/license key, NO REFUNDS will be granted. Please make sure
the software works on your system before retrieving the
activation/license key.
11. Refund Policy & The Policy regarding Alterations and Cancelations:
a) Any request for a refund, alteration or
cancelation of a transaction will be transferred by one of the means of
communication, which appear here below in these regulations.
b) Due to the nature of the product no alteration
and/or cancelation of a purchase of a product may be allowed after the
serial number has been received, and the purchaser will not be entitled
to any fiscal refund.
c) The website is entitled to cancel by its own
initiative the purchase of products on the website, inter alia, when the
details of the means of debit that the customer submitted are incorrect,
or when the service that was ordered cannot be provided. The website
will notify the customer in every such case of cancelation.
d) With respect to every refund and/or an
alteration and/or cancelation, which is requested because of a
malfunction and/or defect in the product and/or in the service that
resulted from circumstances that are related to the website, the
customer will be entitled in such a case to submit an application for a
refund and/or for a cancelation of a transaction together with proof of
that malfunction and/or defect.
e) The purchaser is required to examine the
requirements concerning the operation of the product and to assure that
he is capable of operating the product he or she purchased, and the
website does not have any liability for an incompatibility between the
purchased product and the purchaser's possibility in operating it.
Moreover, the cancelation, return or alteration of the order will not be
allowed in any such case.
f) An application for a refund or cancelation as
said above will be transferred to the website by the means of
communication that are specified here below in these regulations, and it
will be examined by the website. A refund or cancelation will be done
after the customer received a written notice from the website that
approves the refund or cancelation.
g) Every other application for a refund, alteration
or cancelation of a transaction will be allowed subject to the exclusive
discretion of the website.
h) All that is said in article 7 above is subject
to the instructions regarding a cancelation of a transaction according
to the Consumer Protection Law, 5741-1981.
12. Fees
All charges payable by you for the PC App Store™ Services shall be
in accordance with the scale of charges and rates published from time to
time by us on our web site, errors and omissions excepted, and shall be
due and payable in advance of provision of the PC App Store™
Services.
We reserve the right to alter pricing, including ceasing to offer elements
of the PC App Store™ Services. PC App Store™ will inform you
by email if the charge for a service is to be altered. You can then decide
if you want to continue to use such service. Your continued use of the
service after the proposed fee modification has been notified will be
considered acceptance of the proposed fee modification.
All fees for our services are due in advance and your contract will
automatically renew on its anniversary month, quarter or year, at which
point fees for the following month, quarter or year become payable. If you
choose to pay by credit or debit card then you authorise PC App
Store™ to debit your account renewal fees from your card. If you
wish to cancel your contract with PC App Store™, you must do so in
writing (e-mail) before the renewal of your contract.
All fees paid to us are non refundable except in circumstances set out in
these Terms.
You agree not to issue a chargeback via your bank in relation to any fees
charged by us. If you do so you accept that you will be liable for our
costs in dealing with the chargeback and recovering any fees properly due
to us under the Terms.
13. Intellectual Property
Please be aware that we may use any feedback, comments, or suggestions
that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are
protected by copyright, trademark, and other laws of both the England and
foreign countries. These Terms do not grant you any rights to use the PC
App Store™ trademarks, logos, domain names, or other brand features.
The Software used in connection with the Services contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws and treaties. You further acknowledge and agree
that content contained in sponsor advertisements or presented to you
through the Services is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by PC App Store™ or other proper third party rights
holders, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on such content, Services or Software, in
whole or in part except as specifically authorized in a separate written
agreement.
You undertake not to (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software, unless such activity is expressly permitted or required by law
or has been expressly authorized by PC App Store™ in writing. You
agree not to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to PC App
Store™ products.
Except as expressly authorized by PC App Store™ you agree not to
use, copy, imitate, or incorporate any trademark, service mark, trade
dress, company name, or product name in a way that is likely to cause
confusion among consumers. You also agree not to remove, obscure, or alter
PC App Store™'s or any third party's copyright notice, trademarks,
or other proprietary rights notices affixed to or contained within or
accessed in conjunction with or through the PC App Store™ products
or Software.
14. Acceptable Use
You agree not to misuse the PC App Store™ services. For example, you
must not, and must not attempt to, use the services to do the following
things.
Probe, scan, or test the vulnerability of any system or network; Breach or
otherwise circumvent any security or authentication measures; Access,
tamper with, or use non-public areas of the Service, shared areas of the
Service which you have not been invited to, PC App Store™ (or our
service providers') computer systems; Interfere with or disrupt any user,
host, or network, for example by sending a virus, overloading, flooding,
spamming, or mail-bombing any part of the Services; Plant malware or
otherwise use the Services to distribute malware; Access or search the
Services by any means other than our publicly supported interfaces (for
example, "scraping"); Send unsolicited communications, promotions or
advertisements, or spam; send altered, deceptive or false
source-identifying information, including "spoofing" or "phishing";
Publish anything that is fraudulent, misleading, or infringes another's
rights; promote or advertise products or services other than your own
without appropriate authorization; Impersonate or misrepresent your
affiliation with any person or entity; Publish or share materials that are
unlawfully pornographic or indecent, or that advocate bigotry, religious,
racial or ethnic hatred; Violate the law in any way, or violate the
privacy of others, or defame others
15. ADVERTISEMENTS
Some PC App Store™ Version may be supported by advertising revenue
and may display advertisements and promotions on the product. Such
advertisements may be targeted to the content of information stored on the
PC App Store™ products, queries made through PC App Store™
products or other information. The manner, mode and extent of advertising
by PC App Store™ on its products are subject to change. You agree
that PC App Store™ may place such advertising and that PC App
Store™ shall not be responsible or liable for any loss or damage of
any sort incurred by you as a result of the presence of such advertisers
on PC App Store™ products or your subsequent dealings with
advertisers.
16. LINKS
PC App Store™ products may provide, or third parties may provide,
links to other worldwide Web sites or resources. PC App Store™ may
have no control over such sites and resources and you acknowledge and
agree that PC App Store™ is not responsible for the availability of
such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that PC App Store™ shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
content, goods or products available on or through any such site or
resource.
17. INDEMNITY
You agree to hold harmless and indemnify PC App Store™, and its
subsidiaries, affiliates, officers, agents, employees, advertisers,
licensors, suppliers or partners, (collectively "PC App Store™ and
Partners") from and against any third party claim arising from or in any
way related to your use of the Services in violation of the Terms or any
other actions connected with use of the products of PC App Store™,
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. In such a case, PC App
Store™ will provide you with written notice of such claim, suit or
action.
18.Third Party Items and Third Party Services
You may acquire or gain access to Third Party Services as a result of your
use of the software. In addition to the terms of this Agreement, You are
using of "ffmpeg.dll", which is a part of NW.JS provided in connection
with PC App Store application
19.Auto Update of PC App Store
Your PC App Store will be automatically updated if you select such an
option in Settings. Note that the AutoUpdate task may be running in the
background.