Terms and Conditions
Welcome to TheyMakeApps: a web service that promotes Mobile Application Developers and their work, while creating a community around the making of Mobile Applications. TheyMakeApps and TheyMakeApps.com (each a "Site") are operated and provided by Kettle Solutions LLC ("We," "Us," or "TheyMakeApps").
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, link to, and share the content hosted on TheyMakeApps. When utilizing TheyMakeApps content, we ask that you give credit where appropriate and don't edit our content – or content that belongs to others without permission. If we've made an error, please let us know. You can reach us at hello@theymakeapps.com.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICEThe content and services offered at www.TheyMakeApps.com and any communications service (including the capability to contribute links and other information (each such submission, a "Contribution")), or other interactive service that may be available to you on or through this site, are provided to you under the terms and conditions of this TheyMakeApps Terms of Service ("BTOS"), and any operating rules or policies that may be published by TheyMakeApps at the URL: www.TheyMakeApps.com and affiliated sites (the "Service"). The BTOS and all such operating rules or policies comprise the entire agreement between you and TheyMakeApps and supersede all prior agreements between you and TheyMakeApps regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING THEYMAKEAPPS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITEDYou must be thirteen or older to register as a member of TheyMakeApps. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. GENERAL TERMS AND CONDITIONSKettle Solutions LLC may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on TheyMakeApps.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
4. PRIVACY POLICYInformation about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.TheyMakeApps.com/privacy_policy.
5. DESCRIPTION OF SERVICE
TheyMakeApps provides Users with a variety of online services, including but not limited to:
• USER-GENERATED CONTENT. Information about Mobile Application Development companies or individuals, uploaded multimedia content developed and owned by Developers.
• THEYMAKEAPPS-GENERATED CONTENT. Featuring a selection of Application Makers that the TheyMakeApp team believes provided an outstanding job.
• OTHER FEATURES. You may also conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free TheyMakeApps account.
You are solely responsible for any data, text, software, images, photographs, graphics, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. TheyMakeApps does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will TheyMakeApps be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
7. USER'S GRANT OF LIMITED LICENSEKettle Solutions LLC does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a right and license specified below that lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable TheyMakeApps present your work across the TheyMakeApps Network and partner sites that present your work professionally - linking back to your profile. This day in age, we require a limited license for your content in order to present it in the many places and various forms across the TheyMakeApps Network sites and outposts (facebook, twitter…).
By communicating with Kettle Solutions LLC, including submitting or sending Content, a Contribution, correspondence or other information or material to TheyMakeApps (“Your Content”), you grant Kettle Solutions LLC a limited license for the the royalty-free, unrestricted, world-wide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display Your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a TheyMakeApps feature or in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Content. You also warrant that any "moral rights" in posted materials have been waived. You acknowledge and agree that the display or use of Your Content shall be in the sole discretion of TheyMakeApps and Your Content may or may not be included on the TheyMakeApps website for any reason or no reason at all.
8. USER CONDUCTEach site and the Services are provided to you solely for entertainment and organizational purposes. You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Kettle Solutions LLC reserves the right to reject any of your Contributions and to terminate your right to use the Site and refuse any and all current or future use of the Services.
b. without limitation of the foregoing, not to use the Site or Services to submit any Contribution regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. not to harvest, collect or store information about Users or the content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of TheyMakeApps, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of TheyMakeApps is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in TheyMakeApps. Appropriate legal action may also be taken for any unauthorized use of TheyMakeApps.
d. that Kettle Solutions LLC is not responsible for material submitted to TheyMakeApps or posted to the Site by Users. Kettle Solutions LLC does not pre-screen, monitor, review or edit the Contribution posted by Users. However, Kettle Solutions LLC and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Contribution, in whole or part, that in Kettle Solutions LLC's judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Kettle Solutions LLC is not responsible for any failure, non-failure or delay in removing such Contribution. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Kettle Solutions LLC. You agree to immediately notify Kettle Solutions LLC of any unauthorized use of the Service or any other breach of security that you know or suspect.
Kettle Solutions LLC 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 Kettle Solutions LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. INTELLECTUAL PROPERTY RIGHTSa. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, messages, tags, or other materials, including but not limited to Contributions ("Content"), including Content contained in sponsor advertisements or information presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
b. Thus, all Content is either the copyrighted property of Kettle Solutions LLC, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors – or, in some cases, the content is assigned a license under the Creative Commons licensing system (when specified). As between Kettle Solutions LLC and you, Kettle Solutions LLC is the sole owner of all TheyMakeApps-generated content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Participant in TheyMakeApps retains all rights, titles, and interests in and to the content provided by the Participant hereunder (including, without limitation, the copyrights in and to the Participant's Content), subject to the non-exclusive rights in the licenses granted to TheyMakeApps under this agreement. Participant is free to grant similar rights to others during and after the Term of this Agreement.
c. All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
d. Unless expressly permitted by Kettle Solutions LLC or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may download Content for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. In addition, these files may not be used to construct any kind of database.
e. We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
Upon a request by Kettle Solutions LLC, you agree to defend, indemnify and hold Kettle Solutions LLC, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Kettle Solutions LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kettle Solutions LLC in asserting any available defense.
12. YOUR CONTRIBUTIONSYou acknowledge and agree that Kettle Solutions LLC may preserve any Contribution and may also disclose your Contribution if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms and Conditions; (c) to respond to claims that any Contribution violates the rights of third-parties; or (d) to protect the rights, property, or personal safety of Kettle Solutions LLC, its Users or the public.
a. You understand that the technical processing and transmission of the Site, including your Contribution, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Kettle Solutions LLC assumes no responsibility for the deletion or failure to store Contributions or other information submitted by you or other Users to TheyMakeApps.
b. Any or all Content on the Site may be purged periodically at Kettle Solutions LLC's sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Kettle Solutions LLC or submitted to Kettle Solutions LLC. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect the views of Kettle Solutions LLC, and Kettle Solutions LLC does not support or endorse Content (including any Contribution, whether or not edited by Kettle Solutions LLC or its designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
c. In operating this site, Kettle Solutions LLC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Kettle Solutions LLC, will be deemed not to be confidential or secret. By submitting or sending information or other material to Kettle Solutions LLC you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set forth above ("User Conduct").
13. LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the Kettle Solutions LLC Site. Linked Sites are not, however, reviewed, controlled, or examined by Kettle Solutions LLC in any way and Kettle Solutions LLC is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Kettle Solutions LLC's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Kettle Solutions LLC be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Kettle Solutions LLC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to TheyMakeApps. To seek our permission, you may write to TheyMakeApps. We reserve the right, however, to deny permission to link to TheyMakeApps or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including 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 advertiser. You agree that Kettle Solutions LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
15. PARENTAL PERMISSIONThis Site is not intended for use by children under thirteen (13) years of age, and Kettle Solutions LLC does not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Kettle Solutions LLC may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content, and Kettle Solutions LLC may limit access to certain content to Users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
16. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THEYMAKEAPPS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. THEYMAKEAPPS LLC DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. THEYMAKEAPPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN THEYMAKEAPPS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
f. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
g. Permission must be granted by us for any type of link to TheyMakeApps.com. To seek our permission, you may write to Kettle Solutions LLC. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
a. IN NO EVENT WILL THEYMAKEAPPS LLC, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THEYMAKEAPPS LLC OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE THEYMAKEAPPS FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS THEYMAKEAPPS, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THEYMAKEAPPS LLC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We respect the intellectual property rights of others, and require that the people who use the TheyMakeApps Site do the same.
a. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
(i) Your name, address, telephone number, and e-mail address;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the alleged infringing material is located;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b. Please do not send us notice pursuant to this section by regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please email us at hello@theymakeapps.com to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
c. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question. Therefore, please provide proof of copyright registration in the image or text concerned, OR, absent such registration, other evidence to support your claim that you own the copyright in the image or text.
d. Please note that you may be held liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our site infringes your copyright.
19. APPLICABLE LAWS / JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Kettle Solutions LLC or relating in any way to your use of the Site shall be in the federal or state courts located in New York County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Kettle Solutions LLC or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Kettle Solutions LLC may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
21. DISPUTESAny disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.
iPhone™, iPad™, Apple™, Android™, Palm™, Blackberry™, Windows Mobile™, Symbian™ and their logos are registered and/or trademarked brands. Depictions of all mobile devices are for illustration purposes only, and are free interpretations of registered and/or trademarked products.