10. Application

A. General

 

Fixboost may offer its Users through the Website (including as part of templates offered by Fixboost and as part of the offering in the Fixboost Application Market) various applications and professional services that can be used in conjunction with or as part of the web Content created by Users). Applications may be provided and operated by Fixboost or by third-parties not affiliated with Fixboost. The provider of each Application is clearly identified in the Website or, in event of Application embedded into templates, can be easily identified by the Users. You agree that Fixboost is not responsible for any Application that is offered by any source other than Fixboost. 



Additionally, some Applications may be made available to Users at no charge while the use of other Applications or certain features or abilities of Applications may require payment. The purchase and/or the use of Applications are offered only to Fixboost Users. Accordingly, if you are not registered as a Fixboost User or if your Fixboost account has been suspended, you will not be able to purchase or use Applications.



Applications may be provided to Users by Fixboost as an integral part of a template offered on the Fixboost Website. In such event, the User using such template shall be notified in a manner determined by Fixboost that it includes a third party Application and that the use of such template may require the purchase of such Application and/or consent to terms and conditions determined by the provider of the Application.


B. Availability of Applications


Fixboost shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Application (or of any features or components thereof). You agree that in such event Fixboost shall have the right, in addition to the discontinuation of the offering of such Application to remotely remove such Application from Your Fixboost Content at its sole discretion. In such event, You shall have no claims towards Fixboost as result of any loses of data or other content. 



C. Terms of Application Purchase


The terms for the purchase of an Application shall be as determined by the provider of such Application (Fixboost or a third party) as provided on the Fixboost Website including in the App Market. By purchasing and/or downloading and Application You agree to be bound by and to abide by the App Terms. You agree that you are solely responsible for all fees associated with purchases of any Applications. You agree to use the Applications only for purposes that are permitted by (a) the App Terms and (b) any applicable laws and regulations.




D. Responsibility and Liability


You acknowledge that other than Applications offered and provided by Fixboost, all Applications are offered on an AS-IS basis and Fixboost shall have no responsibility in relation to the proper functionality and/or availability of any Application. The entity or person providing an Application shall have the sole and exclusive responsibility for availability, maintenance, bug fixing, support (including by linking from the Application) and proper functioning of the respective Application. You agree that You are solely responsible for and that Fixboost has no responsibility to you or to any third party for your use of the App Market and/or any Application, any breach of your obligations under the App Terms, and for the consequences (including loss or damage of any kind which Fixboost may suffer) of any such breach. It shall be noted that unless clearly provided otherwise on the Website, upgrade of your Fixboost content by purchasing Charged Services (as defined below) shall not include purchasing of any other services or upgrades of any Application.



E. Ownership of Rights


Fixboost or third parties providing Applications shall own all right, title and interest in and to the App Market and the Applications offered to Users, including without limitation all applicable Intellectual Property Rights in the Applications.