Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to apkshopper.com ("Site"). The following Terms of Service ("Terms") are a legally binding agreement between you and APKofHot ("Company," "we," "us," "our") regarding your use of the apkshopper.com website, as well as any related media form, media channel, mobile website, or mobile application connected with it (collectively, "Service"). By accessing or using the Service, you affirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Service.

We reserve the right to update or change these Terms at any time. We encourage you to periodically review these Terms to stay informed of our updates. Your continued use of the Service after changes have been made will constitute your acceptance of such changes.

Use of the Service may be subject to additional guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

2. INTELLECTUAL PROPERTY RIGHTS

The Service, including its original content, features, and functionality, is the proprietary property of APKofHot and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws and treaties. No part of the Service, including but not limited to the app downloads, informational content, and marks, may be copied, modified, distributed, sold, licensed, or used in any manner not expressly authorized by these Terms without our prior written consent.

3. PROVIDING A SAFE ENVIRONMENT

The Service is designed as a platform where Android users can download APK files for apps and games, as well as access information about these apps. It must be used in a responsible manner that respects the law and the rights of others. Misuse of the Service is strictly prohibited, and we expect all users to follow these guidelines when interacting with the Service.

4. PROHIBITED CONDUCT

You may only access or use the Site for the purposes for which we make it available. The Site may not be used for commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us or other users, especially in any attempt to obtain sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site.

4. Disparage, tarnish, or otherwise harm us or the Site.

5. Use any information obtained from the Site to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing of or linking to the Site.

9. Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Site.

10. Engage in any automated use of the system, such as using scripts to send comments or messages.

11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person.

13. Upload or transmit any material that acts as an information collection or transmission mechanism.

14. Interfere with, disrupt, or create an undue burden on the Site or its networks.

15. Harass, annoy, intimidate, or threaten any of our employees or agents.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access.

17. Copy or adapt the Site's software.

18. Decipher, decompile, disassemble, or reverse engineer any of the Site's software.

19. Use any automated system to access the Site.

20. Use the Site for any revenue-generating endeavor or commercial enterprise.

21. Use the Site to advertise or offer to sell goods and services.

22. Sell or otherwise transfer your profile.


5. USER CONTRIBUTIONS

We offer various opportunities for user interaction, which may include but are not limited to community discussions, blogs, message boards, and forums. You may have the option to create, post, display, transmit, or otherwise distribute content and materials, including text, photos, videos, graphics, comments, and more (referred to as "Contributions"). It is important to note that your Contributions may be visible to other users of our Platform and potentially to users of third-party websites.

By making any Contributions on apkshopper.com, you understand and agree that these Contributions are considered non-confidential and non-proprietary. Additionally, by sharing any Contributions, you affirm and guarantee the following:

- You have not violated any copyright, patent, trademark, trade secret, or other proprietary rights of a third party.

- You are the legitimate creator/owner or have acquired all necessary licenses, rights, and permissions needed to use and let others (including apkshopper.com and its users) use your Contributions as intended by the site and its Terms of Service.

- You possess written consent, release, and/or permission for any identifiable individual in your Contributions to use their name or likeness for the purposes outlined in the Platform’s Terms of Service.

- Your Contributions are honest, accurate, and not misleading.

- You have not engaged in unauthorized or unsolicited advertising, promotional campaigns, or any form of solicitation within your Contributions.

- Your Contributions do not contain materials that are obscene, lewd, violent, or otherwise deemed as inappropriate by apkshopper.com

- Your Contributions do not attack, mock, intimidate, or cause harm to any individual or group.

- Your Contributions do not infringe upon the legal safety of others or promote violence.

- Your Contributions are compliant with all applicable laws, regulations, and rules.

- Your Contributions do not infringe upon the privacy or publicity rights of any third party.

- You ensure that your Contributions align with laws regarding the protection of minors and do not contain child pornography.

- Your Contributions are devoid of any discriminatory remarks related to race, ethnicity, gender, sexual preference, or disability.

- Your Contributions do not violate these Terms of Service or any related legal regulations.


6. CONTRIBUTION LICENSE

When you share your Contributions (which include, but are not limited to text, images, audio, video, and any other types of media or creative expression) on apkshopper.com, you grant us a broad array of legal rights pertaining to the use and distribution of your Contributions. Specifically, you agree to and confirm the following:

1. By contributing to apkshopper.com, you grant us an unrestrained, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, sell, publish, broadcast, store, perform, display, translate, transmit, and distribute your Contributions for any purpose. This might include but is not limited to commercial, advertising, or any other use we deem appropriate.

2. This license encompasses the right for us to make derivative works from, or merge your Contributions into other works, as well as the authority to authorize sublicenses of these rights.

3. The granted license is applicable to any and all forms of media or technology currently recognized or yet to be developed, which extends to our utilization of your name, trademark, service mark, trade name, logo, and any personal or commercial images you provide.

4. In submitting your Contributions to apkshopper.com, you relinquish any moral rights and confirm that no moral rights have been claimed regarding your Contributions.

5. While we have no claim to the ownership of your Contributions, we maintain the right to utilize them in compliance with the license granted. You continue to retain all ownership rights along with any intellectual property rights or other proprietary rights connected to your Contributions.

6. We are not accountable for any representations contained within your Contributions. You bear the entirety of the responsibility for your Contributions on the site, and you agree to release us from any legal claims or liabilities associated with them.

7. apkshopper.com reserves the right, in our sole discretion, to:

a. Edit, modify, or alter your Contributions as we see fit.

b. Re-assign your Contributions to more fitting sections of the Site for better categorization.

c. Pre-screen, refuse, or remove any Contributions at any time, for any reason, without prior notice.

We do not have an obligation to monitor your Contributions, but we reserve the right to oversee them as needed to ensure compliance with our Terms of Service and the law. Your decision to post Contributions to apkshopper.com means you agree to these terms, and you understand that violating them could result in removal of your content or termination of your access to the website.


7. REVIEWS AND RATINGS SECTION

On apkshopper.com, we may provide a space for you to leave your valuable feedback in the form of reviews and ratings. When contributing your review to our site, we trust you will adhere to the following guidelines to ensure a fair and respectful environment:

1. Reviews must be based on your own firsthand experience with the app or game you are reviewing.

2. Avoid any language in your reviews that could be deemed offensive, including profanity, or that could be considered abusive, racist, hate speech, or otherwise inappropriate.

3. Ensure that your reviews are free from discriminatory comments related to religion, ethnicity, gender, nationality, age, marital status, sexual orientation, or disability.

4. Abstain from mentioning or referencing illegal activities in your reviews.

5. Should you have professional ties to competing services or products, refrain from posting negative reviews about our listings.

6. Do not make any accusations or determinations regarding the legality of conduct by any person or entity.

7. Be honest and truthful. Do not communicate false or misleading information in your reviews.

8. Do not coordinate, support, or encourage campaigns aimed at manipulating the reviews of any product, whether to inflate positive feedback or generate negative sentiment.

apkshopper.com reserves the right, at our own discretion, to accept, edit or remove any reviews without notice. We are under no obligation to screen or monitor reviews, and we do not necessarily concur with or endorse the content of any review.

The opinions expressed in user reviews are not representative of the views of apkshopper.com, our affiliates, or partners, and we do not accept liability for the content of any review or for any related claims, damages, or losses resulting from any user-provided content.

By posting a review on apkshopper.com, you hereby provide us with a non-expiring, non-exclusive, global, royalty-free, fully-paid, transferable, and sublicensable right and license to use, duplicate, alter, translate, transmit, exhibit, perform, and distribute all content related to such reviews. This license includes the right to make derivative works of, or incorporate into other works, such content, across any and all media or distribution methods currently known or developed later.


8. SUBMISSIONS

By contributing with questions, comments, suggestions, ideas, feedback, or other information to apkshopper.com (collectively, "Submissions"), you understand and agree that any such Submissions provided by you will be considered non-confidential and will become the exclusive property of apkshopper.com We will own all rights, including intellectual property rights, associated with the Submissions, and will have an unrestricted ability to use and disseminate these Submissions for any legitimate purpose, whether it be commercial or otherwise, without any acknowledgment or compensation to you. You also waive any and all moral rights in your Submissions and affirm that you are the original provider of the Submissions or have all necessary rights to share them with us. We will not be held accountable for any claims of infringement or misappropriation connected to your Submissions.


9. Third-Party Websites and Content

The Site at apkshopper.com may include links to external websites ("Third-Party Websites") and may display content that belongs to or originates from third parties, including but not limited to articles, images, text, designs, music, and video ("Third-Party Content"). We do not investigate, verify, or monitor the Third-Party Websites and Third-Party Content for accuracy or completeness.

The inclusion of links to Third-Party Websites or the presence of Third-Party Content on our Site does not signify endorsement or approval by apkshopper.com You engage with Third-Party Websites and Third-Party Content at your own risk, and once you leave apkshopper.com, our Terms of Service no longer apply. We recommend that you review the terms, privacy policies, and data collection practices of any Third-Party Websites you visit or from which you download applications.

Any transactions you undertake through Third-Party Websites are solely between you and the applicable third party. apkshopper.com bears no responsibility for such interactions or purchases. You agree to release apkshopper.com from any damages that you may incur, and agree not to assert any claims against us, arising from your purchase or use of products or services made available by third parties through the Site.

Furthermore, you agree to indemnify and hold harmless apkshopper.com from any losses, damages, or harm resulting from your engagement with Third-Party Content or your contact with Third-Party Websites.


10. ADVERTISING POLICY

On apkshopper.com, we allocate specific areas for advertisers to showcase their adverts, which may include sidebars and banners. As an advertiser on our platform, you assume full responsibility for any advertisements you present and any services offered or products sold via those ads. Importantly, as an advertiser, you guarantee that you have the necessary rights and authorizations to place advertisements on apkshopper.com, encompassing intellectual property rights, publicity rights, and contractual rights. apkshopper.com merely supplies the venue for displaying such advertisements and does not enter into any further relationship with advertisers.


11. PLATFORM OVERSIGHT

At apkshopper.com, we reserve the right, though without any obligation, to:

1. oversee the site for any breaches of our "Terms of Service";

2. pursue appropriate legal avenues against anyone who, at our discretion, contravenes these "Terms of Service" or the law, which includes reporting to law enforcement as necessary;

3. at our discretion, refuse or limit access, and disable or restrict any user submissions or other content that we deem technologically feasible;

4. eliminate or disable, without liability and at our discretion, any content that significantly burdens our system, including large files;

5. manage the site in ways that protect our interests and ensure smooth operation.


12. PRIVACY POLICY

The privacy and security of data are paramount to us. Please consult our Privacy Policy at https://apkshopper.com/privacy-policy.html. By utilizing apkshopper.com, you consent to the provisions of our Privacy Policy, which is integral to our "Terms of Service." Note that apkshopper.com is hosted in the United States. Therefore, if you're visiting from regions with different data collection, usage, or disclosure laws, your continued use signifies consent to the transfer and processing of your information in the United States.


13. COPYRIGHT COMPLIANCE

At apkshopper.com, we respect and uphold intellectual property rights. If you firmly believe that content on our site infringes on copyrights you hold, please immediately contact us with the details ("Notification"). We will forward your Notification to the individual who provided the content in question. Be aware that false claims in your Notification can result in legal liability. If you are uncertain about potential copyright infringement, consulting with legal counsel before submitting a Notification is recommended.


14. RIGHTS OF TERMINATION

These Terms of Service shall be effective for as long as you utilize our Site. We reserve the right, at our sole discretion and without any obligation to provide notice or incur liability, to restrict or terminate your access to and use of the site (which may include the blocking of certain ip addresses) for any or no reason, particularly in cases of non-compliance with any aspect of these terms or violations of applicable laws or regulations. at any time and without prior notice, we may terminate your usage of the site or remove content you have shared, at our sole discretion.

Should we terminate or suspend your account for any given reason, you are hereby banned from creating a new account under your name, an alias, or on behalf of anyone else. Beyond suspending or deleting your account, we may undertake legal proceedings, which include but are not limited to seeking civil, criminal, and injunctive remedies.


15. SITE CHANGES AND INTERRUPTIONS

We reserve the exclusive right to modify, remove, or replace content on the Site at any moment and for any reason at our discretion, and without notice. We have no obligation to revise or update any information presented on the Site. We may alter or discontinue the Site or any part of it without prior notice at any time. You agree that we shall not be liable for any changes, pricing modifications, suspension, or discontinuation of the Site.

We cannot guarantee that the Site will be operational at all times. It is possible that troubles with hardware, software, or other technical issues, or necessary maintenance tasks related to the Site, may lead to interruptions, delays, or errors. We reserve the right to modify, update, pause, halt, or modify the Site at our discretion at any time or for any reason without prior notice. We assume no liability for any harm, loss, or inconvenience caused by your failure to access or use the Site throughout any period of unavailability or cessation of the Site. Nothing within these Terms will be interpreted as an obligation upon us to maintain the Site, or to provide any fixes, updates, or releases associated there with.


16. GOVERNING LAW

These Terms are governed and construed in accordance with the laws of Hong Kong. You irrevocably consent and agree that the courts of Hong Kong will have exclusive jurisdiction to adjudicate any disputes arising under or in connection with these Terms.


17. DISPUTE RESOLUTION

Informal Negotiations

To streamline the resolution and minimize the costs of any dispute, controversy, or claim connected with these Terms of Service (collectively, the "Disputes" and each, a "Dispute"), the parties (the Site and you, as the user) agree to initially engage in informal negotiations to resolve any Dispute for at least days before pursuing arbitration. Such informal negotiations begin upon receipt of written notification from one party to the other.


Binding Arbitration

Should disputes arise out of or in connection with this contract, including questions of existence, validity, or termination, such disputes shall be referred to and conclusively resolved by the International Commercial Arbitration Court under the European Arbitration Chamber based in Brussels, Belgium, adhering to the rules of this ICAC, which are hereby considered part of this clause. The governing law of the contract shall be the substantive law of Hong Kong.


Restrictions

The parties concur that any arbitration will be strictly between them, on an individual basis. To the extent permissible by law, (a) no arbitration shall be consolidated with another; (b) there is no right for arbitration to be conducted on a class-action basis or to employ class-action procedures; and (c) there is no right to bring any dispute in a supposed representative capacity on behalf of the public or any other individuals.


Exceptions to Informal Negotiations and Arbitration

Certain disputes are exempt from the above requirements for informal negotiations and arbitration: (a) disputes aiming to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) disputes arising from accusations such as theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If these exceptions are deemed illegal or unenforceable, neither party shall opt for arbitration for such disputes. Instead, these will be resolved by a court with jurisdiction as outlined previously, and the parties consent to the personal jurisdiction of that court.


18. Content Accuracy

At apkshopper.com, we strive for precision in the information we present on our Site, including but not limited to app descriptions, features, pricing, and availability. Nevertheless, there may occasionally be content that includes typographical mistakes, inaccuracies, or omissions. We reserve the discretionary authority to correct any inaccuracies or errors, as well as to modify or update information at any given time without prior notification. We are committed to continuous improvement and value your understanding in this matter.


19. Usage Disclaimer

apkshopper.com is available to you on an "as-is" and "as-available" basis. By opting to use our Site and services, you acknowledge and agree that your use is solely at your own risk. To the maximum extent allowable under applicable law, we renounce all warranties, whether explicit or implied, related to the Site, including, but not limited to, implied warranties of merchantability, suitability for a specific purpose, and non-infringement. We provide no assurances regarding the preciseness or the comprehensive nature of our Site's content or the content found on any websites linked to our Site. We shall not bear responsibility for any:

1. Inaccuracies, mistakes, or content and material errors,

2. Personal injury or property damage resulting from your access and use of our Site,

3. Unauthorized access or use of our secure servers and/or any personal or financial information stored within,

4. Interruptions or termination of transmission to or from the Site,

5. Bugs, viruses, trojan horses, or similar hazardous elements transmitted through or by third parties via our Site,

6. Errors, omissions, or any damage incurred through the use of content made available on the Site.

We do not endorse or guarantee, nor are we responsible for, any products or services advertised or provided by third-party entities through the Site, hyperlinked sites, or sites or mobile applications featured within advertisements. The responsibility to evaluate the safety and credibility of any third-party products or services lies with you, and we encourage you to exercise caution and sound judgment in all such interactions.


20. LIMITATION OF LIABILITY CLAUSE

At apkshopper.com, while we strive to enhance your experience, we and our directors, employees, or agents shall not be held accountable for any form of damages you or any third party might incur as a result of using our Site. This includes, but is not limited to, any direct, indirect, consequential, exemplary, incidental, special, or punitive damages such as lost profit, lost revenue, loss of data, or other similar damages. This limitation of liability applies even if we have been informed of the potential for such damages. It is important to understand that our overall liability to you for any claims arising out of or related to your use of the Site shall not exceed the lesser of the amount you have paid to us, if any, or 61,000.00 USD.

Please be advised that in some jurisdictions, limitations of liability or the exclusion of certain warranties are not permitted by law. If these laws are applicable to your situation, some or all of the above-mentioned limitations may not apply to you, and you might have additional rights.


21. INDEMNITY AGREEMENT

By using apkshopper.com, you agree to defend, indemnify, and hold harmless our company, including our subsidiaries, affiliates, and all related parties such as officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, including reasonable legal fees and expenses that may arise from:

1. Contributions you make to the Site;

2. Your use of the Site;

3. Any violation of these Terms of Service;

4. Your failure to fulfill any representations and warranties provided in these Terms of Service;

5. Violations against third-party rights, including but not limited to intellectual property rights;

6. Any explicit harmful act committed against another user of the Site whom you accessed through the Site.

We reserve the right—and you agree to allow us—the option to exclusively assume the defense and control of any matter that you are obligated to indemnify. Additionally, you agree to provide cooperation, as needed, in the defense of such claims at your own expense. We will endeavor to inform you promptly of any such claims, actions, or proceedings that are subject to this indemnification upon becoming aware of them.


22. USER DATA RESPONSIBILITY

In operating apkshopper.com, we store and manage data you submit to us for the purpose of upholding the Site's performance and assessing your usage. While we undertake regular data backups, it is your responsibility to ensure all data submitted or associated with your activities on the Site is preserved. We hold no accountability for any loss or corruption of such data, and by using our services, you relinquish any claim against us for any resulting data loss or corruption.


23. ELECTRONIC COMMUNICATIONS AND AGREEMENT

When you engage with our Site, send us emails, or fill out online forms, these actions constitute electronic communication. By participating in these actions, you consent to receive communications from us electronically. You agree that all notifications, disclosures, and other dialogues provided electronically satisfy any legal standards for written communication. Additionally, you affirm agreement to the use of electronic signatures, contracts, and records, including the receipt of notices and transaction records from us or through the Site. Should any law necessitate original signatures, non-electronic records, payments, or credit issuance methods other than electronic, you waive any requirement for such in favor of electronic means.


24. CALIFORNIA USER CONSIDERATIONS

If you are a resident of California and have unresolved issues with apkshopper.com, you are entitled to reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can contact them by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by calling (800) 952-5210 or (916) 445-1254. In line with our indemnification policy, we shall make every reasonable effort to notify you of any claims, actions, or proceedings for which you are mandated to indemnify us upon our realization of such events.


25. GENERAL PROVISIONS

The Terms of Service detailed herein, along with any additional policies or operational rules we publish on apkshopper.com, represent the full agreement and mutual understanding between you, the user, and us, the service provider. Our omission to assert a right or enact a provision under these Terms of Service does not forego our ability to do so at a later time. Unless restricted by law, these Terms of Service are intended to be fully applicable.

We reserve the right to delegate any or all of our responsibilities and rights to third parties at any time, without restriction. We are not to be deemed liable for any loss, damage, delay, or lack of action due to circumstances beyond our control. If any term within these Terms of Service is found to be unlawful, void, or unenforceable, such term is to be considered standalone from these terms and will not influence the validity and enforceability of the remaining terms.

Your use of apkshopper.com does not establish any form of joint venture, partnership, employment, or agency relationship between you and apkshopper.com These Terms of Service are written with the intent to be neutral and not to be interpreted disadvantageously against us as the drafting party. By using the Site, you waive any rights to challenge the validity of these Terms based on their electronic format or on the fact that they were not executed with handwritten signatures by the involved parties.

Please review these Terms carefully as they dictate your legal rights and obligations while you use the Site for downloading APK files of various applications and games, and accessing app-related information. By continuing to use the Site of apkshopper.com, you agree to comply with these Terms of Service.