PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This user agreement is for usage of all areas, both public and private.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between DIME Consultants Inc., an Ontario corporation (“CreateCoolApps”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of this website (this “Site”) and the products and services (collectively, the “Services”) found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.
Services found on CreateCoolApps.com do not guarantee publishing in the AppStore or Android Market (Google Play). Your apps created on CreateCoolApps.com, using software created by DIME Consultants Inc. or developed by DIME Consultants Inc.’s dev team are still subject to review and approval by Apple’s Review Team or are subject to review and approval by Android Market submission process.
To learn more about Apple’s Application Review Process please read Apple’s AppStore Guidelines. To learn more about Publishing on Google Play, please read Publishing for Android from Google.
By using this site, you signify that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following corporate policies and/or agreements:
The terms “we”, “us” or “our” shall refer to CreateCoolApps. The terms “you”, “your” or “User” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
DIME Consultants Inc. may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site.
You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
DIME Consultants is pleased to give you access to this site at an upgraded membership level. In order to access this site however, you must have an internet provider and the equipment required.
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your” or “User” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, CreateCoolApps finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. CreateCoolApps shall not be liable for any loss or damage resulting from CreateCoolApps’s reliance on any instruction, notice, document or communication reasonably believed by CreateCoolApps to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, CreateCoolApps reserves the right (but undertakes no duty) to require additional authentication from you.
Except for the information specifically identified as being provided by DIME Consultants, all of the information provided or referenced on this website has been provided by external sources.
You agree that you will not use this service to create or share pornographic, adult or similar content in any way. If you come across information that should be excluded here, please let us know by contacting us.
EARNINGS AND INCOME DISCLAIMER
We make every effort to ensure that we accurately represent these products and services and their potential for income. Earning and Income statements made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual.
As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.
There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
CreateCoolApps, in its sole and absolute discretion, may change or modify this Agreement, and the corporate policies and/or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Last Revised” date at the top of this page.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to CreateCoolApps that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If CreateCoolApps has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, CreateCoolApps reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, CreateCoolApps recommends that you change your password at least once every six (6) months for each Account you have with CreateCoolApps. You must notify CreateCoolApps immediately of any breach of security or unauthorized use of your Account. CreateCoolApps will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss CreateCoolApps or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services found at this Site in a manner (as determined by CreateCoolApps in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
Promotes, encourages or engages in child pornography or the exploitation of children;
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of this Site or the Services found at this Site;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding CreateCoolApps or CreateCoolApps’s Services.
You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by CreateCoolApps.
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
You will not use this Site or the Services found at this Site, including any of CreateCoolApps’s related technologies, for any commercial use without CreateCoolApps’s express prior written consent.
CreateCoolApps reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.
YOUR USE OF CreateCoolApps CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of CreateCoolApps Content and User Content posted to CreateCoolApps’s corporate websites (i.e., those sites which CreateCoolApps directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
CreateCoolApps Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“CreateCoolApps Content”), are owned by or licensed to CreateCoolApps in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. CreateCoolApps Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of CreateCoolApps. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. CreateCoolApps reserves all rights not expressly granted in and to the CreateCoolApps Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to CreateCoolApps that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any CreateCoolApps Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the CreateCoolApps Content or the User Content therein.
CreateCoolApps’S USE OF USER CONTENT
The provisions in this Section 6 apply specifically to CreateCoolApps’s use of User Content posted to CreateCoolApps’s corporate websites (i.e., those sites which CreateCoolApps directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate CreateCoolApps to treat your User Submissions as confidential or secret.
CreateCoolApps has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
CreateCoolApps may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
With Respect to User Content (Other Than User Submissions).
If you have a mobile application developed on CreateCoolApps or another service provider, you shall retain all of your ownership or licensed rights in User Content posted on your website.
However, if you post or publish your User Content to this Site, you authorize CreateCoolApps to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant CreateCoolApps a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and CreateCoolApps’s (and CreateCoolApps’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that CreateCoolApps may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, CreateCoolApps shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or CreateCoolApps’s (or CreateCoolApps’s affiliates’) business(es).
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
CreateCoolApps generally does not pre-screen User Content (whether posted to a website hosted by CreateCoolApps or posted to this Site). However, CreateCoolApps reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. CreateCoolApps may remove any item of User Content (whether posted to a website hosted by CreateCoolApps or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by CreateCoolApps in its sole and absolute discretion), at any time and without prior notice. CreateCoolApps may also terminate a User’s access to this Site or the Services found at this Site if CreateCoolApps has reason to believe the User is a repeat offender. If CreateCoolApps terminates your access to this Site or the Services found at this Site, CreateCoolApps may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
ADDITIONAL RESERVATION OF RIGHTS
CreateCoolApps expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any iPhone application) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by CreateCoolApps in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of CreateCoolApps, its officers, directors, employees and agents, as well as CreateCoolApps’s affiliates.
CreateCoolApps expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
NO SPAM; LIQUIDATED DAMAGES
You acknowledge you have read, understand and agree to be bound by CreateCoolApps’s Anti-Spam Policy referenced above. You agree CreateCoolApps may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay CreateCoolApps liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.
TRADEMARK AND/OR COPYRIGHT CLAIMS
CreateCoolApps supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to CreateCoolApps’s Trademark and/or Copyright Infringement Policy referenced above.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by CreateCoolApps. CreateCoolApps assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, CreateCoolApps does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release CreateCoolApps from any and all liability arising from your use of any third-party website. Accordingly, CreateCoolApps encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. CreateCoolApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CreateCoolApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND CreateCoolApps ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CreateCoolApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CreateCoolApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CreateCoolApps IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall CreateCoolApps’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless CreateCoolApps and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by CreateCoolApps directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies and/or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
FEES AND PAYMENTS
You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. CreateCoolApps expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Where refunds are issued, CreateCoolApps’s issuance of a refund receipt is confirmation that CreateCoolApps has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.
Except as prohibited in any product-specific agreement, you may pay for Services by PayPal (as defined below). For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.
If you are being billed on a monthly basis, your monthly billing date will be every 30 days from the the date of the first month you purchased the Services unless that date falls on the 31st of the month, in which case your billing date will be adjusted accordingly via Paypal’s billing system.
In an effort to ensure that there is no interruption of Services, CreateCoolApps may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, CreateCoolApps will automatically update your payment profile on your behalf. CreateCoolApps makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and CreateCoolApps shall not be liable to you or any third party regarding the same.
If for any reason CreateCoolApps is unable to charge your Payment Method for the full amount owed for the Services provided, or if CreateCoolApps is charged a penalty for any fee it previously charged to your Payment Method, you agree that CreateCoolApps may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason CreateCoolApps is unable to charge your credit card with the full amount owed for the Services provided, or if CreateCoolApps is charged back for any fee it previously charged to the credit card you provided, you agree that CreateCoolApps may pursue all available lawful remedies in order to obtain payment. You agree that the remedies CreateCoolApps may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. CreateCoolApps reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks CreateCoolApps may perform outside the normal scope of its Services, (ii) additional time and/or costs CreateCoolApps may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by CreateCoolApps in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with CreateCoolApps.
AT ALL TIMES, CREATECOOLAPPS AND DIME CONSULTANTS INC. DOES NOT HAVE ANY FINANCIAL BILLING INFORMATION OF YOURS EXCEPT FOR THE PAYPAL EMAIL ADDRESS REGISTERED FOR PAYMENT. IN THE EVENT WHERE YOU CHOOSE TO USE 2CHECKOUT (CREDIT CARDS OUTSIDE OF PAYPAL) OR PAYPAL’S BILLING SYSTEMS, YOU ARE ASSURED THAT BOTH BILLING SYSTEMS KEEP YOUR CREDIT CARD AND BANKING INFORMATION COMPLETELY CONFIDENTIAL.
CreateCoolApps, in its sole discretion, may adjust pricing up or down at any time, for either the purpose of a sale (discount) or raising costs for new memberships due to higher costs on our end for technology, servers and development.
Any price adjustments will not affect users who have active subscriptions.
If a member cancels their subscription, and the price goes up before the member reactivates, the current price will be in effect. Members cannot reinstate payments that are lower than the current rate if that rate has expired, however, if the current price is lower, the member may reactivate at the lower cost.
All transactions are processed in U.S. dollars. In addition, you acknowledge and agree that you may be charged exchange rate conversion fees, Goods and Services Tax (“GST”), Harmonized Sales Tax (“HST”) if in certain parts of Canada, or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
(A) PAY BY PAYPAL
By using CreateCoolApps’s pay by PayPal payment option (“PayPal”), you can purchase CreateCoolApps Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from the credit card(s), bank account(s), or other allowed Payment Method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card or bank account. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor CreateCoolApps shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and CreateCoolApps may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
By purchasing, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
PROMOTING BRAND NAMES
If your application promotes a brand name you need to be enrolled in Apple’s iOS program. This is an Apple policy. According to Apple’s policy, application authors that promote brand names are required to be enrolled in Apple’s iOS program. You need to open your own Apple developer account in order to post your application on AppStore. To create an Apple Developer account please go to http://developer.apple.com/programs/ios
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Cancellation, Termination & REFUND POLICY
After signing up, you have a 14-day cancellation period, providing no apps have been compiled. Should you choose to cancel CreateCoolApps plan within this period, you will receive a full refund of all monthly payments. If you submit your cancel request after 14 days we will process your refund request based on the amount of work we’ve done processing your tickets, number of builds we’ve made for your apps and the number of apps you’ve submitted to AppStore or Android Market. Upon cancellation, you will not receive use of your service through the end of the period for which you have already been billed. At the end of that period, you will no longer be billed for the service and no more recurring transactions will be applied to your account.
The 14 day cancellation period is ONLY applicable to monthly memberships. Lifetime membership purchases are non-refundable after 10 days.
Only monthly payments are refundable, and only within the allowable tim frame. One time purchases, custom development/design, custom work items, custom server installation/configuration work items are non-refundable.
Recurring billing: Cancellations MUST take place prior to your next payment coming out. If cancellation has not been made in advance, refunds will usually not be processed. If cancellation request comes in and crosses over with a payment, the payment will be refunded.
After 24 hours of a monthly payment coming out, we will not refund.
It is not our responsibility if you do not access the service or you do not create apps with the system. This is not a valid reason for a refund if it is beyond the allowable refund time frame.
If you request a refund, all apps in your account will be deleted.
If you have requested cancellation, all apps will be blocked.
If you have completed a build and have received the completed app build, you are no longer entitled to a refund in any way. However, if you have surpassed the 14 day refund period, there will be no refunds even if you have not completed an app as it is not our responsibility for your lack of using the system.
There are no cancellation fees and no cancellation penalties.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of DIME Consultants Incorporated. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. Advertising on any of the DIME Consultants Inc. websites respectively is non-refundable, as is any other advertising service online or off, and does not guarantee visitors or sales of advertiser’s product or services.
Where a money back guarantee is stated, the guarantee will be honored according to the terms of the offer, provided the information for sale is owned by DIME Consultants Inc. DIME Consultants Inc. is not responsible for any guarantees or warranties outside of DIME Consultants Inc. ownership.
Attempts at charge backs will result in immediate fraud level proceedings: termination of accounts and legal action will be taken. Any member who simply cancels a credit card purchase with his/her credit card company without going through our proper channels for refund will be fully prosecuted for attempted credit card fraud and placed in immediate collection. A full report will be provided to the credit card company proving all submissions and correspondence, including IP Trace.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States or the country in which you reside.
Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that DIME Consultants Inc. shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
U.S. EXPORT LAWS
By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
COMPLIANCE WITH LOCAL LAWS
CreateCoolApps makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall all be governed and construed in accordance with the laws of the Province of Ontario, Canada applicable to agreements made and to be performed in Ontario. You agree that any legal action or proceeding between DIME Consultants Inc. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the region of Niagara, Province of Ontario. DIME Consultants Inc. shall not be liable for any legal fees incurred that are not our own for any purpose (we will not be responsible to pay your legal fees should you take action against us for any reason, and you will not be responsible to pay our legal fees should we take action against you).
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DIME Consultants Inc.’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DIME Consultants Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
DIME Consultants Inc.
23-500 Fairway Road South, #129
Kitchener, ON N2C 1X3
Copyright © 2012-2014 DIME Consultants Inc.
All Rights Reserved.