Terms Of Service

Effective Date: June 2, 2014

Welcome to the Apostrophe Apps, LLC website or a mobile storefront, which is located at www.StorefrontSDK.com (the “Website”) or within an application (an “App(s)”) published by one of our developers. This Terms of Service (“TOS”) contains the terms and conditions that govern your use of the Website or App(s) and the Apostrophe Apps, LLC Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the Apostrophe Apps, LLC Service and is in addition to any Content Owner Agreement you may have previously entered into with us. Use of the Apostrophe Apps, LLC Website or App constitutes your acceptance of and agreement to this TOS.
Apostrophe Apps, LLC reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Apostrophe Apps, LLC Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website or App and the Apostrophe Apps, LLC Service. Your continued use of the Apostrophe Apps, LLC Website or App following posting of a change notice or new TOS on the Apostrophe Apps, LLC Website will constitute binding acceptance of the changes.

  • 1. The Apostrophe Apps, LLC Service.
    Apostrophe Apps, LLC provides a number of Internet and mobile-based services through the Website and App(s) (all such services, collectively, the “Apostrophe Apps, LLC Service”). One such service enables developers to create customized products, including without limitation, apparel, drinkware, home accents, prints, stickers, buttons, magnets, stationary and accessories (collectively, “Products”). Apostrophe Apps, LLC users may create and purchase individual Products for their own use or sell Products through a mobile App(s) utilizing our proprietary StoreFrontSDK technology. Developers who would like to sell Products through the Apostrophe Apps, LLC Service must enter into a Developer Agreement. Apostrophe Apps, LLC may offer a number of other services on its Website or in its App(s).
  • 2. Use of the Web Site and Apostrophe Apps, LLC Service.
    • 2.1 Eligibility. Apostrophe Apps, LLC will only knowingly provide the Apostrophe Apps, LLC Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Apostrophe Apps, LLC Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Apostrophe Apps, LLC Service is not intended for children under the age of 13.
    • 2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Apostrophe Apps, LLC Service and the Website or App.
    • 2.3 Your License to Use the Web Site and the Apostrophe Apps, LLC Service.
      (a) Apostrophe Apps, LLC solely and exclusively owns all intellectual property and other rights, title and interest in and to the Apostrophe Apps, LLC Service, the Website and the App except as expressly provided for in these TOS. For example and without limitation, Apostrophe Apps, LLC owns the trademarks StorefrontSDK and StorefrontSDK.com. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by Apostrophe Apps, LLC.
      (b) Apostrophe Apps, LLC grants you a limited revocable license to access and use the Website and App(s) and the Apostrophe Apps, LLC Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Apostrophe Apps, LLC; to compete with Apostrophe Apps, LLC; to create derivative works based on the content of the Website or App(s); or download or copy the Website or App(s) (other than page caching). If you use the Website or App(s) in a manner that exceeds the scope of this license or you breach this TOS, Apostrophe Apps, LLC may revoke the license granted to you.
    • 2.4 Third-Party Services. Apostrophe Apps, LLC may use third parties to provide certain services accessible through the Website or App(s). Apostrophe Apps, LLC does not control those third parties or their services, and you agree that Apostrophe Apps, LLC will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with Apostrophe Apps, LLC’s TOS, agreements or policies, you must comply with Apostrophe Apps, LLC’s TOS, agreements or policies, as applicable.
  • 3. General Rules.
    • 3.1 Prohibited Use. You may only use the Apostrophe Apps, LLC Service as expressly permitted by Apostrophe Apps, LLC. You may not cause harm to the Website, App(s) or the Apostrophe Apps, LLC Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Apostrophe Apps, LLC Service or App(s) by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Apostrophe Apps, LLC Service; (iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Apostrophe Apps, LLC Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or App(s), except in the operation or use of an internet “search engine,” hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the Apostrophe Apps, LLC Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Apostrophe Apps, LLC’ name or trademarks; (viii) engage in any activity that interferes with another user’s ability to use or enjoy the Apostrophe Apps, LLC Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOS.
    • 3.2 Privacy Policy. By entering into this TOS, you agree to Apostrophe Apps, LLC’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.
    • 3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with Apostrophe Apps, LLC’s Ordering Policy and instructions on the Website or App(s). Title to the Products you purchase passes to you when the Products are delivered to the common carrier.
  • 4. Reservation of Rights.
    • 4.1 Monitoring. Apostrophe Apps, LLC reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website or App(s). If Apostrophe Apps, LLC determines, in its sole and absolute discretion, that you or another Apostrophe Apps, LLC user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, Apostrophe Apps, LLC may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
    • 4.2 Modification of the Service. Apostrophe Apps, LLC reserves the right to modify the organization, structure or “look and feel” of the Apostrophe Apps, LLC Service or the Website or App(s), or StorefrontSDK, and may change, suspend, or discontinue any aspect of the Apostrophe Apps, LLC Service at any time without any liability to you or any third party. Apostrophe Apps, LLC shall have complete discretion over the features, functions, prices and other terms and conditions on which the Apostrophe Apps, LLC Service is offered to Apostrophe Apps, LLC developers and end users.
  • 5. Submissions.
    When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant Apostrophe Apps, LLC permission to use such Submissions for marketing and other promotional purposes. You agree that Apostrophe Apps, LLC will have no obligation to keep any Submissions confidential. You will not bring a claim against Apostrophe Apps, LLC based on “moral rights” or the likes arising from Apostrophe Apps, LLC’s use of a Submission. This Section does not apply to your Content that you use in connection with the Developer Agreement.
  • 6. Representations and Warranties.
    • 6.1 Mutual Representations and Warranties. You represent and warrant to Apostrophe Apps, LLC and Apostrophe Apps, LLC represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
    • 6.2 By You. You represent and warrant to Apostrophe Apps, LLC that, in your use of the Apostrophe Apps, LLC Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to Apostrophe Apps, LLC that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Apostrophe Apps, LLC will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Apostrophe Apps, LLC incurs in providing the Apostrophe Apps, LLC Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
  • 7. Disclaimers and Exclusions.
    DISCLAIMER OF WARRANTIES. APOSTROPHE APPS, LLC PROVIDES THE WEBSITE AND APP(S) AND APOSTROPHE APPS, LLC SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. APOSTROPHE APPS, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, APP(S), APOSTROPHE APPS, LLC SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. APOSTROPHE APPS, LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS WITH REFERENCE TO THE DEVELOPER AGREEMENT, PRIVACY POLICY AND ORDERING POLICY AS INCORPORATED HEREIN, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
  • 8. Limitation of Liability.
    LIMITATION OF LIABILITY. APOSTROPHE APPS, LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE APOSTROPHE APPS, LLC SERVICE OR THIS TOS WITH REFERENCE TO THE DEVELOPER AGREEMENT, PRIVACY POLICY AND ORDERING POLICY AS INCORPORATED HEREIN, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY’S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY APOSTROPHE APPS, LLC TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.
  • 9. Indemnification.
    You hereby indemnify and hold Apostrophe Apps, LLC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission, including without limitation monetary damages incurred by Apostrophe Apps, LLC due to any breach of this Agreement or violation of any policy. If you have to indemnify Apostrophe Apps, LLC under this Section, Apostrophe Apps, LLC will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without Apostrophe Apps, LLC’s express written permission.
  • 10. Termination.
    • 10.1 Termination. In its sole discretion, with or without notice to you, Apostrophe Apps, LLC may: (i) suspend, limit your access to or terminate your use of the Website or App(s) and/or the Apostrophe Apps, LLC Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Apostrophe Apps, LLC’s servers and directories and (iv) prohibit you from using the Apostrophe Apps, LLC Service and/or the Website and/or App(s).
    • 10.2 Survival. Notwithstanding Section 10.1 above, this TOS will survive indefinitely unless and until Apostrophe Apps, LLC chooses to terminate this TOS.
    • 10.3 Effect of Termination. If you or Apostrophe Apps, LLC terminates your use of the Website or the Apostrophe Apps, LLC Service or the App(s), Apostrophe Apps, LLC may delete any Content or other materials relating to your use of the Apostrophe Apps, LLC Service on Apostrophe Apps, LLC’s servers or otherwise in its possession and Apostrophe Apps, LLC will have no liability to you or any third party for doing so.
  • 11. Notice.
    All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail or (ii) electronic mail. If you give notice to Apostrophe Apps, LLC, you must use the following: PO Box 369, Loveland, OH 45140 or TOS@Apostrophe Apps, LLC.com. If Apostrophe Apps, LLC provides notice to you, Apostrophe Apps, LLC will use the contact information provided by you to Apostrophe Apps, LLC. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, or (ii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
  • 12. Dispute Resolution.
    All disputes arising out of, relating to or connected with these TOS or your use of any part of the Apostrophe Apps, LLC Service will be exclusively resolved under confidential binding arbitration held in Hamilton County, Ohio, (USA) before and in accordance with the Rules of JAMS, by a sole arbitrator applying Ohio law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Hamilton County, Ohio (USA). Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Ohio State courts in Hamilton County. Notwithstanding anything to the contrary in this Section 12, Apostrophe Apps, LLC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
  • 13. Miscellaneous.
    These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Ohio without reference to conflict of law principles. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Apostrophe Apps, LLC are independent contractors and no agency, partnership, joint venture or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.