MERCHANT UNDERSTANDS AND AGREES THAT MERCHANT IS SOLELY RESPONSIBLE FOR ITS USE OF THE SERVICES, CONTENT AND THE MOBILE SERVICES IN COMPLIANCE WITH ALL APPLICABLE LAW, AND WILL INDEMNIFY AND HOLD APPTIZER HARMLESS FROM ANY BREACH THEREOF.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPTIZER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
By uploading Content into the Services, you agree to allow any mobile user who downloads your application to view your product details and Content, and you agree to indemnify and hold Apptizer harmless from any claims of copyright infringement, intellectual property infringement, or any other claims with regard to such Content.
Apptizer reserves the right to store and display your Content and product details, to review the Content you submitted, and to remove items, products or Content at any time.
Apptizer is not responsible for any losses arising from the unauthorized use of your Apptizer ID, any of your Customers’ Apptizer ID, the Services or the data and other information that you make available to Customers through the Services (“Content”).
Please contact Apptizer if you suspect that your Apptizer ID has been compromised.
In no event shall Apptizer’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (.00).
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
We encourage you to back up your Content and your Customers’ Content regularly.
Your use of the Services and Content must follow the requirements set forth in this Agreement and you are solely responsible for the compliance of your use and your Customers’ use of the Services in compliance with all applicable laws and regulations.
Any other use of the Services and Content is a material breach of this Agreement.
We may modify such pricing upon written notice to you.
You are responsible for paying for the Services used by you and your Customers, regardless of whether you collect any fees for the Services from your Customers, and regardless of any termination of this Agreement for any reason.