Distribution Agreement
1.Introduction
The Emotn TV Storeis a publicly available platform in which Developers can distribute Apps to Users. In order to distribute Apps through the Emotn TV Store.
2.Accepting this Agreement
2.1.This agreement ("Agreement") forms a legally binding contract between you and Emotnin relation to distribution of Apps in the Emotn TV Store. In order to distribute Apps in the Emotn TV Store, you must first agree to this Agreement by accepting it online (through the button “I accept”). You may not distribute Apps in the Emotn TV Storeif you do not accept this Agreement.
2.2.Use of the Emotn TV Storeand Services is limited to parties that lawfully can enter into and form contracts under applicable law.
2.3.You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered; and (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder.
3.Upload the app to the emton APP store
The app is put on the emotn store, you need to provide the basic information of the app and send it to [email protected].
Basic app information includes.
App name, version number, icon, screenshot, apk installer, your contact information, etc.
4.Distribution of Apps
4.1You can distribute Apps, owned by you and/or by third parties, through the Emotn TV Storeand through your own Store. You agree that by uploading Apps to Emotn TV Storethey will be automatically available in Emotn TV Storeand in Partners Stores.
4.2You agree to use the Emotn TV Storefor distribution of Apps only for purposes that are permitted by (a) this Agreement, (b) the EmotnTerms of Service, available here; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3It is your sole responsibility to provide Apps that do not violate any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy. As referred to below, Emotnwill not be liable for any infringement in such respect.
4.4Privacy of Device Users. You agree that by distributing Apps, you will protect the privacy and legal rights of Users. If Users provide you with, or the App accesses or uses, usernames, passwords, or other login information or personal information, you must make the users aware that the information will be available to your App, and you must provide legally adequate privacy notice and protection to Users. Further, the App may only use that information for the limited purposes for which the User has given you permission to do so. If your App stores personal or sensitive information provided by users, it must do so securely and only for as long as it is needed. If the user has opted into a separate agreement with you that allows you or the App to store or use personal or sensitive information directly related to the App (not including other products or applications) then the terms of that separate agreement will govern your use of such information. If the User provides your App with Emotnaccount information, the App may only use that information to access the User's Emotnaccount when, and for the limited purposes for which, the User has given you permission to do so. Emotnowns all the information related to users and to the transactions entered with such Users; Emotnmay share this information with you, following specific agreement, if that is allowed by the applicable laws.
4.5Prohibited Actions. You agree that while using the Emotn TV Storeyou will not engage in any activity, including the publishing or distribution of Apps, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, Users and Emotn. You may not use information obtained from the Emotn’s User account to sell or distribute Apps outside of the Emotn TV Store.
4.6Non-Compete. You may not use the Emotn TV Storeto distribute or make available any App whose primary purpose is to facilitate the distribution of software applications and games for use on Android devices outside of the Emotn TV Store.
4.7Product Ratings. Emotn TV Storewill allow users to rate Apps. Apps ratings will be used to determine the placement of Apps on the Emotn TV Stores and Stores with higher rated Apps generally given better placement. Your Apps may be subject to user ratings to which you may not agree. You may contact Emotnif you have any questions or concerns regarding such ratings.
4.8Marketing Your Apps. You will be responsible for uploading Apps to your Store, providing required App information to users, and accurately disclosing the security permissions necessary for the Apps to function on user Devices.
4.9Restricted Content. You undertake not to upload or otherwise make available Apps or any other materials that display or link to:
(a)illegal content.
(b)invasions of personal privacy or violations of the right of publicity.
(c)content that interferes with the functioning of any services of other parties.
(d)promotions of hate or incitement of violence.
(e)violations of intellectual property rights, including patent, copyright, trademark, trade secret, or other proprietary right of any party.
You also undertake not to upload or otherwise make available Apps or any other materials that:
(a)contain viruses, trojans, spyware, adware, ransomware, rootkits, back doors, worms and any other malware or any similar mechanism or device, or any other code designed or intended to have, or intended to be capable of performing, any of the following functions: (a) disrupting, disabling, harming, or otherwise impeding in any manner the access to or the operation of, or providing unauthorized access to, a computer system or network or other device on which such code is stored or installed; or (b) accessing, copying, blocking, encrypting, damaging or destroying any data or file, in each case, without the user’s consent.
(b)harm user devices or personal data.
(c)create unpredictable network usage that has an adverse impact on a user's service charges or an Authorized Carrier's network.
(d)knowingly violate an Authorized Carrier's terms of service for allowed usage.
(e)create a spammy user experience, whether by posting repetitive content or misleading information about an App's purpose.
4.10.Support. You will be solely responsible for support and maintenance of your Apps and any complaints about your Apps. Your contact information will be displayed in each application detail page and made available to Users for Users support purposes.
You agree that you are solely responsible for (and that Emotnhas no responsibility to you or to any third party for) any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Emotnor any third party may suffer) of any such breach.
5.Apps Takedowns
5.1.Your Takedowns.You may remove your Apps from future distribution in the Emotn TV Storeat any time, but you must comply with this Agreement for any Apps distributed in the Emotn TV Store, including but not limited to refund requirements. Removing your Apps from future distribution in the Emotn TV Storedoes not: (a) affect the license rights of Users who have previously purchased or downloaded the Apps, (b) remove your Apps from Devices or from any part of the Emotn TV Storewhere previously purchased or downloaded Apps are stored on behalf of Users, or (c) change your obligation to deliver or support Apps or services that have been previously purchased or downloaded by Users. Notwithstanding the foregoing, in no event will Emotnmaintain on any portion of the Emotn TV Store(including, without limitation, the part of the Emotn TV Storewhere previously purchased or downloaded Apps are stored on behalf of Users) any paid App that you have removed from the Emotn TV Storeand provided written notice to Emotnthat such removal was due to: (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any third party, (ii) an allegation of defamation or actual defamation, (iii) an allegation of violation, or actual violation, of any third party's right of publicity or privacy, or (iv) an allegation or determination that such App does not comply with applicable law.
5.2.EmotnTakedowns.If Emotnis notified by you or otherwise becomes aware that an App or any portion thereof: (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) violates Emotn's policies or other terms of service as may be updated by Emotnfrom time to time in its sole discretion; (d) is being distributed by you improperly; (e) may create liability for Emotn; (f) is deemed by Emotnto have a virus or is deemed to be malware, spyware or have an adverse impact on Emotn's infrastructure; (g) violates the terms of this Agreement or the Partner Program Policies for Partners; or (h) the display of the Apps or any portion thereof is impacting the integrity of Emotnservers (i.e., users are unable to access such content or otherwise experience difficulty), Emotnmay remove the Apps from Emotn TV Store.
In the event that the App is involuntarily removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party's right of publicity or privacy, or does not comply with applicable law, and an end user purchased such App within a year before the date of takedown: (i) you must refund to Emotn, all amounts received, plus any associated fees (i.e. chargebacks and payment transaction fees), and (ii) Emotnmay, at its sole discretion, withhold from your future sales the amount determined in subsection (i) above
5.3.DMCA Notices.If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the EmotnProducts by completing a DMCA Notice of Alleged Infringement and delivering it to Emotn’s Designated Copyright Agent. Upon receipt of Notice as described below, Emotnwill take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the EmotnProducts. Please note that if you fail to comply with all of the requirements of this section your DMCA notice may not be valid.
(a)Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by your Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
(b)Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
(c)Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
(d)Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
(e)Provide your full legal name and your electronic or physical signature.
(f)Submit this notice with all items to us:
E-mail: [email protected]
5.4.Repeat Infringers Policy.If Emotnverifies or is warned of repeat infringement by a Developer of: (a) the intellectual property rights or any other rights of any third party; (b) any applicable law or this Agreement; (c) Emotn's policies or other terms of service as may be updated by Emotnfrom time to time in its sole discretion; or repeat upload of Apps: (i) containing virus or malware, spyware or which have an adverse impact on Emotn's infrastructure; (ii) impacting the integrity of Emotnservers (i.e., users are unable to access such content or otherwise experience difficulty), Emotnwill terminate the Developer’s User Account and remove all of such Developer’s Apps from the Emotn TV Store.
6.DISCLAIMER OF WARRANTIES
6.1.YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DISTRIBUTION OF YOUR APPS AND THE USE OF Emotn TV StoreARE AT YOUR SOLE RISK AND THAT Emotn TV StoreIS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
6.2.YOUR USE OF THE Emotn TV StoreIS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
6.3.EmotnFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.4.BECAUSE EmotnIS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND THE USERS, IF A DISPUTE ARISES BETWEEN YOU AND THE USER, YOU RELEASE Emotn(AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.