Terms of Service
Please read this Terms of Service ("AGREEMENT") carefully before using the services offered by EPage, Inc. (“EPAGE”) through this Website located at http://www.ubuildapp.com (UBUILDAPP). By accessing this web site, you ("PUBLISHER") are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws including United States export and re-export control laws and regulations. If you DO NOT AGREE with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
1. The Service
EPAGE has developed a service which allows content to be embedded inside iPhone/iPod Touch applications puplishable to the Apple AppStore, along with http://www.ubuildapp.com (the “Website”) and the UBUILDAPP service as a computer online service that provides online services to users who wish to develop and publish applications ("APPS") for the iPhone/iPod Touch and other mobile devices. EPAGE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EPAGE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- By using the Service, you represent and warrant that:
- either you are at least 18 years of age or older and you have legal capacity to agree to this terms and conditions; you are between the ages of 13 and 17 and you have legal capacity to agree to these terms and conditions because your parent or legal guardian has authorized you to do so; or you are an individual entering this agreement on behalf of an entity, and you are authorized to bind the entity to this agreement;
- all registration information you submit is accurate and truthful;
- you will maintain the accuracy of such information;
- your use of the Service does not violate any applicable law or regulation.
- Your account, profile, and all associated content may be deleted and your account may be terminated without warning if EPAGE believes that you are in breach of any of the foregoing representations and warranties. EPAGE RESERVES THE RIGHT TO REFUSE PARTICIPATION TO ANY APPLICANT OR USER AT ANY TIME IN ITS SOLE DISCRETION.
3. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on UBUILDAPP's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on UBUILDAPP's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by UBUILDAPP at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Use of Services
- Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, EPAGE hereby grants you permission to use the Service only as set forth in this Agreement, and provided that you:
- will be responsible for obtaining or providing all connectivity and computer equipment or other access devices necessary to access the Service;
- will be responsible for withholding, filing, and reporting all taxes (except EPAGE’s U.S. income taxes), duties and other governmental assessments associated with your use of the Service;
- will not copy or distribute any part of the Website or Service in any medium without EPAGE’s express authorization;
- will not alter or modify any part of the Website or Services other than as expressly authorized;
- will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website or Service, the proper operation of the Website or Service, or interfere with any activity being conducted on the Website or Service;
- will not harvest or otherwise collect information about Content, or users, including email addresses, nor to use the communication systems provided by the Service for any commercial solicitation purposes;
- will not post content or items in an inappropriate category or areas on the Site;
- will not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm EPAGE, or the interests or property of UBUILDAPP’s users;
- will not manipulate the price of any item or interfere with other users’s accounts;
- will not circumvent or manipulate our fee structure, the billing process, or fees owed to UBUILDAPP;
- will not contribute, submit or make available through the Services, or use the Services in connection with, any content, application or application template that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, or our policies;
- agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the EPAGE servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser;
- agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes.
- User is responsible for all of its activity in connection with the Services and accessing the Site. EPAGE may, in its sole discretion, cancel any offer or remove any Content posted through the Service if it believes there is evidence supporting violation of these terms. EPAGE reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in EPAGE’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
5. Fees and Services
- Signing up for UBUILDAPP is free. We do charge fees for our services, such as creation of mobile applications, submission to marketplaces, and yearly maintenance fees. When you purchase a mobile application or use a service that has fees you will be charged based on our Fee schedule, which we may change from time to time. Changes to that Policy are effective immediately when we post the changes on the UBUILDAPP site. We may choose to temporarily change the fees for our services for promotional events (or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.)
- There may be fees for features within an APP, for the release of the APP to the Apple AppStore, and for maintenance of an account and/or APP.
- Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
6. Payments and Revenue Sharing
- UBUILDAPP allows PUBLISHER to set a fee for their APP in the Apple AppStore. PUBLISHER will be paid 50% of the gross sales for their apps, as reported by the Apple AppStore. PUBLISHER will continue to earn revenue share for as long as the APP is for sale. Earningns and payments shall be as follows:
- Currency. The Service is open to residents of planet Earth, but all payments will be in US Dollars.
- Revene Share. For applications sold through the Apple AppStore, UBUILDAPP will pay PUBLISHER a revenue share of 50% of the gross fees paid for the APP by an end user. Free APPs will have no revenue share.
- Payment Schedule. We will pay you on a monthly basis after we have been paid by Apple or other application sties. On or before the fifteenth (15th) day after the end of a calendar month, we will send you a check for the fees paid to us for applications sold during the previous month. For example, checks will be written by March 15th for money earned during the month of January and paid to us by Apple in February. However, if the fees payable to you for any calendar month are less than $20, we will hold payment until the total amount due is at least $20.
- Reporting. Statements of activity will be available for you to view through special management areas on the ubuildapp.com Site. The management area on our site will allow you to view APP downloads and money earned for the current calendar month as well as the previous calendar month. All statements shall be deemed correct. UBUILDAPP shall not be liable for any errors made by Apple or other third-party application stores.
You agree that EPAGE may use your name, logo, and the title(s) and logo(s) of your Application(s) in presentations, marketing materials, customer lists, financial reports and Web site listings of customers.
8. Application Stores (example: Apple AppStore)
Your application may need to be reviewed by an application store before being released to the public. EPAGE cannot guarantee that your application will be approved by an Application Store (such as the Apple AppStore). If your application is not approved for release to the public for any reason, you agree to hold EPAGE harmless. Any fees paid to EPAGE are non-refundable for any reason.
UBUILDAPP has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UBUILDAPP of the site. Use of any such linked web site is at the user's own risk.
10. Intellectual Property Rights
- Content. The content on the Website and available through the Service, including without limitation, the games, text, software, scripts, graphics, files, images, photos, sounds, music, videos, advertisements, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to EPAGE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. EPAGE reserves all rights not expressly granted in and to the Service and the Content. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Content, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to publish content that violates an Application Store’s (ex. Apple iTunes AppStore) Terms of Service.
- UBUILDAPP Service. The UBUILDAPP Service is owned by EPAGE. EPAGE grants you a limited, revocable, non-exclusive license to use the UBUILDAPP Service for your application(s) solely in conjunction with the Service consistent with this Agreement. You may not modify, resell, redistribute, decompile, hex-dump, decouple, reverse engineer or otherwise manipulate the UBUILDAPP Service. Except as expressly provided for in this Section, you are not granted any other rights, title or interest in the UBUILDAPP Service. You shall not copy the UBUILDAPP Service.
- User Submissions
- The Service permits the submission of APPs containing images, recordings, videos or other communications submitted by you and other users (”User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that EPAGE does not guarantee any confidentiality with respect to any such submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You agree that EPAGE has no liability with respect to any User Submissions, including, without limitation, your own submissions, and you hereby irrevocably release EPAGE and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
- In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to EPAGE’s full satisfaction upon its request that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize EPAGE to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Service and this Agreement; (ii) specifically, you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service; and (iii) the posting of your User Submission on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by you to or through the Service.
- By submitting User Submissions to EPAGE, or displaying, publishing, or otherwise posting any content on or through the Service, you hereby do and shall grant EPAGE an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and EPAGE’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under this Agreement. For clarity, the foregoing license grant to EPAGE does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s).
- In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage EPAGE or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) impersonate another person; (iv) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant EPAGE all of the license rights granted herein; or (v) submit material that is unsuitable for minors in any country. EPAGE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EPAGE expressly disclaims any and all responsibility or liability in connection with User Submissions.
- EPAGE reserves the right to decide whether Content or a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. EPAGE also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, EPAGE assumes no responsibility for monitoring the Service, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Service.
- In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, contact us.
The materials on UBUILDAPP's web site are provided "as is". UBUILDAPP makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UBUILDAPP does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall UBUILDAPP or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on UBUILDAPP's Internet site, even if UBUILDAPP or a UBUILDAPP authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
13. Revisions and Errata
The materials appearing on UBUILDAPP's web site could include technical, typographical, or photographic errors. UBUILDAPP does not warrant that any of the materials on its web site are accurate, complete, or current. UBUILDAPP may make changes to the materials contained on its web site at any time without notice. UBUILDAPP does not, however, make any commitment to update the materials.
You agree to defend, indemnify and hold harmless EPAGE, and its distribution partners, subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees from any liabilities, losses, actions, damages, claims, obligations, costs, expenses or demands (including, but not limited to attorneys’ fees, costs and expenses) arising out of (a) content you provide to UBUILDAPP or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of any term of this Agreement or your representations and warranties set forth above, (e) your violation of any rights of another, including without limitation any copyright, property, or privacy right, (f) your failure to perform your obligations hereunder, or (g) any claim that one of your User Submissions caused damage to a third party.
16. Governing Law
Any claim relating to UBUILDAPP's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
If you have any questions about these Terms of Service, please write to us at
1815 Via El Prado, Suite 203
Redondo Beach, CA 90277
or contact us.