These terms of service (“Terms”) refer exclusively to the usage of the 3scale’s appspotimage system. They are valid for both Integrators and are limited to the use of the Service provided by 3scale.
Should you object to any statement or condition of these Terms, or any guidelines, or any subsequent modifications thereto or become dissatisfied with 3scale in any way, your only recourse is to immediately discontinue use of the Site and the Service. 3scale will not be held be liable for any loss or damage for non-compliance.
These Terms may be updated by 3scale. You understand and agree that you are solely responsible for reviewing these Terms from time to time. You can always review the most current version of these Terms at http://www.appspotimage.com/service/terms. Any continued use of the Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
The Service
3scale’a appspotimage service provides the necessary infrastructure to Integrators to contract services, monitor the usage and pay for them.
It might be necessary for appspotimage users to transact through PayPal, and not directly to or through 3scale, and be subject to the applicable PayPal Terms of Use. 3scale is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to 3scale on the one hand and 3scale users and their customers on the other hand. To the extent that the Service is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a user of the Service hereunder does so in conjunction with the services of another service provider, such user will be subject to the other service provider’s terms of service, and neither 3scale or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. The terms of this General Terms shall not in any way supersede the terms of any other payment service provider, nor shall the terms of service of any other payment service provider supersede the terms of this Terms with respect to the Service.
Transactions History
Unless a user account has been disabled by 3scale or otherwise, users will be able to access to their monetary transactions in the system, and to check their balance in the system.
If normal access to an account has been disabled by 3scale or otherwise, 3scale will endeavor to provide transaction information for a user if and only if the real identity of the user in question can be authenticated beyond reasonable doubt.
Invoicing
Buyers will be invoiced monthly. The invoice provided will include a detailed description of the billed items during the previous period. The amount invoiced will be discounted from the buyer’s account credit during the same billing period, and reflected in the Buyer’s balance.
The buyer is responsible for all service usage of any provider occurring with respect to contracts issued to his or her account. In the case where the monetary amount required to pay for the services is not available, either due to a lack of sufficient credit in pre-paid operation or through a failure of a charge on a credit card or bank account in post-paid operation, the buyer remains liable for the sum involved. In such cases, 3scale reserves the right to suspend the buyer’s account and obtain the funds at some point in the future when the balance is available. 3scale also reserves the right to issue an invoice with a minimum 30 day payment period directly to the provider to reclaim? the funds.
The Buyer will have the right to question the amounts invoiced during the 10 day period following the issuance of an invoice. Once this period has expired, if 3scale has not received any notification to stop the billing, the invoice will be considered to be correct. In the case of a dispute regarding the correct amount of the invoice between 3scale and the buyer, 3scale’s view shall prevail.
Registration
Although registration is not required tfor use of some parts of the Service or access to the Site, any user register, must complete the Appspotimage registration process, in which case, you agree to: (a) provide true, accurate, current and complete information about yourself or your company as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Registration is necessary to offer functionality that requires the Service to recognize a user . When a user registers, the information given contains certain Personally Identifiable Information including but not limited to a valid e-mail address, real name, address, country of residence and zip code. You will also have the option to provide other Personally Identifiable Information such as secondary email addresses or a contact telephone number to allow access to some parts of the service. This personally Identifiable Information will be used to personalize and improve your experience of the service. This information will not be disclosed to any third-party without your explicit consent.
You can review and change Personally Identifiable Information, password or banking details at any time.
3scale is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years of age to register for an account. If you are under the age of 18, in registering you that are using the Service with the consent of a parent or a guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the appspotimage account, and that said Guardian has expressly given permission to access the Service.
You will create a password and account during the Service registration process. Your are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 3scale of any unauthorized use of the password or account or any other breach of security, and (b) ensure that you exit from the account at the end of each session. 3scale cannot and will not be liable for any loss or damage arising from failure to comply with the rules in this Section.
If you provide information of any kind which is untrue, inaccurate, not current or incomplete, or 3scale has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 3scale has the right to suspend or terminate the account and refuse any and all current or future use of the Service (or any portion thereof).
Content
In using the Appspotimage Service, you understand that you are liable for all information, in whatever form, (Information) you make available to other users of the site. Users agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors in any way.
You understand and agree that unless expressly stated, 3scale in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews. You also understand that 3scale does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Since 3scale has no control over such sites and resources, you acknowledge and agree that 3scale is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 3scale shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You understand and agree that any uploading or posting will be at your sole risk and 3scale shall not be responsible to you in any way. Further, 3scale does not provide any warranty as to your use of third-party content, software or services that you obtain via the Service.
User Conduct
As a condition for use of the web site and the Service, you agree not to:
Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred for harm against any individual, state or group;
Impersonate any person or entity, including, but not limited to, a 3scale official, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Reverse engineer, decompile or disassemble any of the software used to provide this web site or the Service;
Interfere with or disrupt this web site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law;
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to ‘meta-search’ the Site or download data from the Site for competitive or commercial purposes. 3scale reserves the right to block automated programs that do not comply with these restrictions;
Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service;
Obtain, collect, store or modify the personal information about other users.
2.3scale reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 3scale may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
3.You acknowledge that 3scale has no obligation to pre-screen or monitor access to or use of this web site or the Service or any information, web services provided, materials or other content provided or made available through this web site, but has the right to do so for the purpose of operating this web site and the Service, to ensure your compliance with these Terms, to apply new acceptation criteria or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that 3scale may, in the exercise of 3scale’ sole discretion, remove or delete any postings, information, materials, web service contracts, services published or other content that violates these Terms or that is otherwise objectionable.
Ownership and Privacy
All rights, titles and interests in and to the Site and the Service are and will remain the exclusive property of 3scale and its licensors. “3scale networks s.l.” and 3scale logos, icons and other marks identifying 3scale services or products are trademarks of 3scale and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy, reproduce, distribute, or create derivative works of the Service or the Site without 3scale’ express written authorization. All rights not expressly granted in these Terms are reserved to 3scale.
You agree not to upload, post, e-mail, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights; 3scale respects the intellectual property rights of others and expects users of the Site to do the same. You may not distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information for which you do not have legal authorization to use. If you believe that through the Service your work has been copied in a way that constitutes copyright infringement, or that intellectual property rights have been otherwise violated, please immediately notify us at info@3scale.net.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to other personally identifiable information.
Financial transactions occur on PayPal’s secure, SSL protected servers. Note, that you should never use the same email/password combination as PayPal when signing up for a 3scale account. This web site (3scale’s) takes every precaution to protect our users’ information. When users submit sensitive information via the web site, your information is protected both online and off-line. We encrypt all passwords and other sensitive information in our database. We also protect user-information off-line. Only employees who need the information to perform a specific job (for example, billing clerks or customer service representatives) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at our web site, you can contact us at info@3scale.net.
In order for 3scale’s web site to properly fulfill its obligation to our customers, it is necessary for us to supplement the information we receive with information from 3rd party sources, primarily PayPal. This information is not shared with any additional outside parties.
Limitations and Termination of Service
3scale 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. 3scale will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that 3scale shall not be liable to them or to any third party for any modification, suspension or discontinuance of the Service.
You agree that 3scale at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if 3scale believes that you have acted inconsistently with these Terms. Further, you agree that 3scale shall not be liable to them or any third-party for any termination of such access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
Privacy and Information Disclosure
3scale collects information from its users at several different points on its web site. 3scale will not contact you or your customers with third party advertising or promotion without your explicit permission. We strongly value this relationship and do not want to compromise this in any way. 3scale will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
You further acknowledge that 3scale may, in its sole discretion, preserve or disclose your Content, as well as your information, such as e-mail addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of 3scale, its users or the general public.
3scale reserves the right to use the Web Services description to configure examples in its press releases and any other publicity materials as well as the right to link to your site.
You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Disclaimer or Warranties
3SCALE WARRANTS TO USERS THAT THE SERVICE WILL BE PROVIDED IN MANNER CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS, HOWEVER, YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. 3SCALE, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER 3SCALE, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 3SCALE, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3SCALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3SCALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnity
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD 3SCALE HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR © THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST 3SCALE ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.

General Information
This Agreement shall be construed in accordance with the Spanish law, without regard to its conflict of the law’s principles.
The failure of 3scale to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
3scale will communicate in the language in which we have facilitated the present Terms. You accept that 3scale can provide notifications publishing them in the Site, by email to the account indicated in your profile or by physical email to the address that appears in your profile. The named notifications will be considered as received by You after 24 hours from the moment in which the notification was published in the Site, or at the moment in which they were sent by e-mail. If the notification was sent through physical mail, it will be considered as received by You 3 working days after posting.
This Agreement contains the entire agreement of the parties to the use of the Service, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties. The only exception to this can be a specific written and signed contract with Providers for the Service provided by 3scale.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
If 3scale decides to change its privacy policy, the company will post these changes on its web site to make users aware of what information we collect, how we use it, and under which circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

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