Terms of Service
Updated June 29, 2017
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Orcafly Inc. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.apexlauncher.com and Apex Launcher, including any content, functionality, and services offered on or through https://www.apexlauncher.com (the “Website”) and Apex Launcher.

Please read the Terms of Use carefully before you start to use the Website and/or Apex Launcher. By using the Website or Apex Launcher, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at https://www.apexlauncher.com/privacy. If you do not want to agree to these Terms of Use, you must not access or use the Website or Apex Launcher.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website or Apex Launcher following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Apex Launcher and Account Security
We reserve the right to withdraw or amend this Website or Apex Launcher, and any service or material we provide on the Website and Apex Launcher, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Apex Launcher is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Apex Launcher, or the entire Website or Apex Launcher, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website/Apex Launcher.
  • Ensuring that all persons who access the Website/Apex Launcher through your internet connection are aware of these Terms of Use and comply with them.


  • To access the Website/ Apex Launcher or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website/Apex Launcher that all the information you provide on the Website/Apex Launcher is correct, current, and complete. You agree that all information you provide to register with this Website/Apex Launcher or otherwise, including but not limited to through the use of any interactive features on the Website/Apex Launcher, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website/Apex Launcher or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

    You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop Apex Launcher and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Orcafly to deliver these to you as part of your use of Apex Launcher.
    Intellectual Property Rights
    The Website, Apex Launcher and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Website or Apex Launcher for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website/Apex Launcher, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
  • These Terms of Use permit you to use the Website or Apex Launcher for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website/Apex Launcher, except as follows:


  • You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.


  • You shall not access or use for any commercial purposes any part of the Website and Apex Launcher or any services or materials available through the Website/Apex Launcher.

    If you wish to make any use of material on the Website or Apex Launcher other than that set out in this section, please address your request to: support@apexlauncher.com.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Apex Launcher in breach of the Terms of Use, your right to use the Website and Apex Launcher will stop immediately and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website/Apex Launcher or any content on the Website/Apex Launcher is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website/Apex Launcher not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and any other applicable laws.
    Trademarks
    The Company name, the terms Apex Launcher, Orcafy, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website/Apex Launcher are the trademarks of their respective owners.
    Prohibited Uses
    You may use the Website and Apex Launcher only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and Apex Launcher:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and Apex Launcher, or which, as determined by us, may harm the Company or users of the Website/Apex Launcher or expose them to liability.


  • Additionally, you agree not to:

  • Use the Website and Apex Launcher in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and Apex Launcher, including their ability to engage in real time activities through the Website and Apex Launcher.
  • Use any robot, spider, or other automatic device, process, or means to access the Website and Apex Launcher for any purpose, including monitoring or copying any of the material on the Website and Apex Launcher.
  • Use any manual process to monitor or copy any of the material on the Website and Apex Launcher or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website and Apex Launcher.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and Apex Launcher, the server on which the Website and Apex Launcher is stored, or any server, computer, or database connected to the Website and Apex Launcher.
  • Attack the Website and Apex Launcher via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website and Apex Launcher.
  • User Contributions
    The Website and Apex Launcher may contain [message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features] (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website and Apex Launcher.

    All User Contributions must comply with the Content Standards set out in these Terms of Use.

    Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and Apex Launcher, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose .

    You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.


  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

    We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website and Apex Launcher.
    Monitoring and Enforcement; Termination
    You represent and warrant that:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and Apex Launcher.
  • Terminate or suspend your access to all or part of the Website and Apex Launcher for any or no reason, including without limitation, any violation of these Terms of Use.


  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and Apex Launcher. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we cannot undertake to review all material before it is posted on the Website and Apex Launcher, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
    Reliance on Information Posted
    The information presented on or through the Website and Apex Launcher is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and Apex Launcher, or by anyone who may be informed of any of its contents.

    This Website and Apex Launcher may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
    Changes to the Website and Apex Launcher
    We may update the content on this Website and Apex Launcher from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and Apex Launcher may be out of date at any given time, and we are under no obligation to update such material.
    Information About You and Your Visits to the Website and Apex Launcher
    All information we collect on this Website and Apex Launcher is subject to our Privacy Policy. By using the Website and Apex Launcher, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
    Linking to the Website and Apex Launcher and Social Media Features
    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

    This Website and Apex Launcher may provide certain social media features that enable you to:

  • Link from your own or certain third-party Website and Apex Launchers to certain content on this Website and Apex Launcher.
  • Send emails or other communications with certain content, or links to certain content, on this Website and Apex Launcher.
  • Cause limited portions of content on this Website and Apex Launcher to be displayed or appear to be displayed on your own or certain third-party Website and Apex Launchers.


  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Website and Apex Launcher that is not owned by you.
  • Cause the Website and Apex Launcher or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website and Apex Launcher other than the homepage.Otherwise take any action with respect to the materials on this Website and Apex Launcher that is inconsistent with any other provision of these Terms of Use.


  • You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

    Link to any part of the Website and Apex Launcher other than the homepage. Otherwise take any action with respect to the materials on this Website and Apex Launcher that is inconsistent with any other provision of these Terms of Use.
    Links from the Website and Apex Launcher
    If the Website and Apex Launcher contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites and Apex Launchers linked to this Website and Apex Launcher, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and Apex Launchers.
    Geographic Restrictions
    The owner of the Website and Apex Launcher is based in the state of California in the United States. We provide this Website and Apex Launcher for use only by persons located in the United States. We make no claims that the Website and Apex Launcher or any of its content is accessible or appropriate outside of the United States. Access to the Website and Apex Launcher may not be legal by certain persons or in certain countries. If you access the Website and Apex Launcher from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
    Disclaimer of Warranties
    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and Apex Launcher will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND APEX LAUNCHER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APEX LAUNCHER OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE AND APEX LAUNCHER LINKED TO IT.

    YOUR USE OF THE WEBSITE AND APEX LAUNCHER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APEX LAUNCHER IS AT YOUR OWN RISK. THE WEBSITE AND APEX LAUNCHER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APEX LAUNCHER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND APEX LAUNCHER. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND APEX LAUNCHER, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APEX LAUNCHER WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND APEX LAUNCHER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND APEX LAUNCHER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    Limitation on Liability
    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND APEX LAUNCHER, ANY WEBSITE AND APEX LAUNCHERS LINKED TO IT, ANY CONTENT ON THE WEBSITE AND APEX LAUNCHER OR SUCH OTHER WEBSITE AND APEX LAUNCHERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    Indemnification
    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Apex Launcher, including, but not limited to, any use of the Website and Apex Launcher’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website and Apex Launcher.
    Governing Law and Jurisdiction
    All matters relating to the Website and Apex Launcher and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website and Apex Launcher shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Santa Clara and County of Santa Clara although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    Arbitration
    At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website and Apex Launcher, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
    Limitation on Time to File Claims
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE AND APEX LAUNCHER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
    Waiver and Severability
    No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
    Entire Agreement
    The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Orcafly Inc. regarding the Website and Apex Launcher and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Apex Launcher.

    We may, at our sole discretion, provide a translation of this Terms of Use in other languages solely for your convenience. In the event of any conflict between the English language and other language versions of this Terms of Use, or in the event of any misunderstanding or ambiguities, the English language version shall prevail.
    Your Comments and Concerns
    This Website and Apex Launcher is operated by Orcafly Inc. 440 N. Wolfe Road, #E209, Sunnyvale, CA 95054, United States.

    All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

    All other feedback, comments, requests for technical support, and other communications relating to the Website and Apex Launcher should be directed to: support@apexlauncher.com.
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