FOR DIGITAL PROGRAMS
LAST UPDATED: November 3, 2014
This Agreement is between you and News America Marketing Interactive LLC ("NAM," "we" or "us") concerning your access and/or use of the SmartSource services, which may include websites, mobile sites, social media pages, software applications ("apps") and widgets (collectively, the "Services").
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Acceptance of Agreement. By accessing or using the Services, or by installing, copying or downloading any software that comprises a Service (such as an app) or that is made available through any Service (together with any associated updates, enhancements or upgrades, the "Software", a subset of the Services), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Services. We may revise this Agreement from time to time in our sole discretion and provide you with notice of such change by any reasonable means, including by making available the revised version of this Agreement through the Services. Any modifications will be effective immediately upon our making the revised Agreement available. You should periodically visit this page to review the then-current version of the Agreement. The "LAST UPDATED" legend at the top of this page indicates when this Agreement was last revised. Notwithstanding the foregoing, any amendment to this Agreement shall not apply to any dispute between you and us arising prior to the date of the posting of such amendment. Your access to or use of the Services following any changes will signify your acceptance of such changes and your agreement to be bound by them.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services; charge fees in connection with the Services; modify and/or waive any fees charged in connection with the Services; and/or make available opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any other person for any modification, suspension or discontinuance of the Services or any component thereof.
2. Intended Audience. The Services are controlled and/or operated from the United States ("U.S.")and are not intended to subject NAM to non-U.S. jurisdiction or laws. Unless otherwise specified, materials made available through the Services are presented solely for the purpose of providing services and promoting products available in the U.S. . We make no, and hereby disclaim any, representations or warranties that the Services, in whole or in part, or any products, services or materials made available through the Services, are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person(s), geographic area(s) or jurisdiction(s) we choose, at any time and in our sole discretion. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
IF YOU SUBMIT ANY INFORMATION TO A SOCIAL NETWORK PROVIDER OR OTHER THIRD PARTY THROUGH THE SERVICES, YOU ACKNOWLEDGE THAT SUCH THIRD PARTY IS COLLECTING SUCH INFORMATION AND THAT SUCH SUBMISSION MAY BE SUBJECT TO THIRD-PARTY TERMS AND CONDITIONS AND PRIVACY POLICIES.
4. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in connection with your access and use of the Services and any related technology. In addition, we expect users of the Services to respect the rights and dignity of others. Your access to and use of the Services are conditioned upon your compliance with the rules of conduct set forth in this Section 4, and your failure to comply may result in termination of your access to or use of the Services (or any part thereof) pursuant to Section 18 below. You agree that you will not:
Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Post, transmit or otherwise make available through or in connection with the Services any information or materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right without the express written consent of the owner of such right.
Use the Services for any fraudulent or unlawful purpose.
Harvest or collect personally identifiable information about users of the Services.
Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirement, procedure, policy or regulation of such servers or networks.
Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services).
Reproduce, duplicate, copy, modify, adapt, translate, sell, resell or otherwise exploit for any commercial purpose any portion of (or any access to or use of) the Services without our express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Services or materials originating from the Services.
Frame or mirror any portion of the Services without our express prior written consent.
Systematically download and store Services content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Services content or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to the following sentence, NAM grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. NAM reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You also acknowledge and agree that solely you are responsible for obtaining and maintaining all telecommunications, networking and computer hardware, equipment and services needed to access and use the Services and paying all related charges.
5. Registration; User Names and Passwords. You may be required to register to use all or part of the Services. We may reject, or require that you change, any user name, password or other information that you provide to us. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or Services account. You agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party.
6. Forums. We and/or our service providers may make available through the Services certain services (for example, message boards, forums, blogs and chat, messaging and comment functionality) to which you are able to post information and materials (each, a "Forum"). Information contained in Forums may be provided by our employees as well as by third-party visitors. Visitors may make statements that are inaccurate, misleading or deceptive. We and our affiliates and our and their respective shareholders, directors, officers, employees, agents, representatives, licensors, suppliers and service providers (collectively with NAM, the "NAM Entities") neither endorse nor are responsible for any information, statements or materials provided by third parties in the Forums. Under no circumstances will the NAM Entities be liable for any loss or damage caused by your reliance on such information, statement or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted them and may not reflect the opinions of NAM. In addition, the NAM Entities have no control over, and shall have no liability for, any damages resulting from the use (including republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Services. IF YOU CHOOSE TO MAKE YOUR PERSONAL OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SERVICES, YOU DO SO AT YOUR OWN RISK.
7. Submissions. The Services may make available certain functionality (such as Forums) through which you are able to post or send information and materials (each, a "Submission"). You retain any ownership rights that you may have in any Submission that you post, subject to the terms and conditions of this Agreement. For each Submission that you make available through or in connection with the Services, you hereby grant to us a world-wide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as displaying a user comment as a testimonial), and you hereby represent and warrant that you have all necessary rights to grant the foregoing license.
8. Monitoring. We may (but have no obligation to) monitor, evaluate or alter Submissions before or after they appear on the Services. We may disclose any Submission and the circumstances surrounding its transmission to anyone for any reason.
9. Software License Grant; Restrictions on Use. The Software (as defined in Section 1, above) is licensed, not sold, to end users. Subject to the terms and conditions of this Agreement, we hereby agree to permit you, on a non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to install and/or use the Software on a single device that you own or control (the "Mobile Device"), provided that your installation and/or use of the Software are solely (a) for your own personal use; and (b) in accordance with the restrictions and limitations set forth in this Agreement. If you fail to comply with any of the terms or conditions of this Agreement, this Agreement (including the grant of permission to use the Software hereunder) will automatically terminate, whereupon you will immediately (y) cease using the Software; and (z) remove (i.e., uninstall and delete) the Software from your Mobile Device.
Without limiting the generality of the foregoing paragraph, you shall not (i) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer the Software or any portion thereof, including its content (including as a standalone product or in conjunction with other products); (ii) make copies of the Software or any portion thereof , including its content (except as necessary to install and use the Software in accordance with this Agreement); (iii) reverse engineer, decompile or disassemble any portion of the Software; (iv) create derivative works of or from the Software or any portion thereof, including its content; (v) incorporate the Software or any portion thereof , including its content, into any product or service; (vi) use the Software or any portion thereof, including its content, for commercial purposes; and (vii) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in the Software. All rights not expressly granted to you hereunder are reserved to us and our licensors.
10. New Software Versions. We may, in our sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades to the Software, which may be provided automatically. If you do not want to receive such upgrades automatically, do not use the Software.
11. NAM's Proprietary Rights. We, our affiliates and/or our licensors and suppliers own the Services and the information and materials made available through the Services. The Services and such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us or expressly permitted by the terms of this Agreement, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the Services or any information or materials made available through the Services.
Our trade names, trademarks and service marks include, without limitation, SMARTSOURCE, SMARTSOURCE EXPRESS, SMARTSOURCE.COM, NEWS AMERICA MARKETING and any associated logos. All trademarks and service marks on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained herein or on the Services should be construed as granting any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner.
UNAUTHORIZED USE OF THE SERVICES (INCLUDING ANY SOFTWARE) MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES, INCLUDING FOR COPYRIGHT INFRINGEMENT.
12. Sales Policies. Descriptions and images of, and references to, third-party products or services available in connection with the Services do not imply our endorsement of such third-party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services featured through the Services are subject to change at any time without notice. In the event a product is listed at an incorrect price due to a typographical error, error in pricing information received from our suppliers or other error, we shall have the right to refuse or cancel any order for product listed at the incorrect price, whether or not the order has been confirmed. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any product; to impose conditions on the use of any coupon or other promotion; to bar any user from making a purchase(s); and/or to refuse to provide any user with any product or service or to limit the quantity of product(s) available to him or her.
All orders placed through the Services are subject to our acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or cancel the order for any or no reason and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
Prices are in U.S. dollars, are subject to change and do not reflect any applicable taxes, fees, shipping and handling, surcharges or service charges (collectively, "Fees"), which are subject to change at any time. You agree to pay all charges incurred by you at the price(s) then in effect when such charges are incurred, plus any applicable Fees. We may require verification of information prior to the acceptance and/or fulfillment of any order.
By placing an order, you authorize us to charge the credit card you provide. If you use a different card, or if you update your payment information, we will charge the latest card provided by you. You represent that you have the legal right to use any credit card that you use for any purchase you make through the Services. By submitting an order, you grant us the right to provide your personal information associated with the order to our third-party payment processor and fulfillment house, for purposes of facilitating the completion and fulfillment of the order. Refunds and exchanges will be subject to our refund and exchange policies then in effect.
14. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions made available through the Services may be governed by rules that are separate from this Agreement. If the rules for a promotion conflict with this Agreement, the promotion rules will govern.
15. DISCLAIMER.TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EACH OF THE NAM ENTITIES DISCLAIMS ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SERVICES AND ALL PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.
EACH OF THE NAM ENTITIES MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS (INCLUDING THIRD PARTY PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE, COMPATIBLE OR INTEROPERABLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. WITHOUT LIMITING THE FOREGOING, EACH OF THE NAM ENTITIES MAKES NO REPRESENTATION OR WARRANTY (A) THAT THE SERVICES WILL BE AVAILABLE ON A TIMELY BASIS OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE SERVICES OR THE HARDWARE, SERVERS OR NETWORKS THROUGH WHICH THEY ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL HAVE NO OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SERVICES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, YOUR USE OF THE SERVICES.
Applicable law may not allow for limitations of certain implied warranties. Solely to the extent that such law applies to you, some or all of the above limitations or disclaimers may not apply to you, and you may have additional rights.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE NAM ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, UNDER ANY THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OR COMPROMISE OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. SUBJECT TO THE FOREGOING, THE MAXIMUM LIABILITY OF THE NAM ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE LOWER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO NAM IN CONNECTION WITH THE TRANSACTION FOR WHICH YOU ARE ALLEGING DAMAGES OR $100.
Except for actions for nonpayment of amounts due hereunder or breach, violation or infringement of NAM's proprietary rights in the Services (including any breach of Section 9 or Section 11), no action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the applicable cause of action has accrued.
Applicable law may not allow for exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the NAM Entities from and against any and all allegations, claims, actions, demands, causes of action, losses, costs and expenses (including attorneys' fees and court costs) ("Claims") arising out of (a) your use of, inability to use, or activities in connection with, the Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing. Without limiting the foregoing, each of the NAM Entities reserves the right to assume, at its sole expense, the exclusive defense and control of any Claim and all negotiations for settlement or compromise, and you agree to fully cooperate with such NAM entity in the defense of any such claim, action, settlement or compromise negotiations, as requested by it. In no event will you settle any claim or action without the applicable NAM entity's prior written approval.
18. Termination; Enforcement. This Agreement is effective until terminated. You agree that we, at our sole discretion, may suspend, restrict or terminate your access to or use of the Services, your user name and password and/or any files or information associated with your user name, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to use the Services will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the Services may be effected without prior notice and that we may immediately deactivate or delete any user name and/or password used by or provided to you and all related information and files associated therewith and/or bar any further access to such information or files. You agree that the NAM Entities shall not be liable to you or any third party for any suspension, restriction or termination of your access to the Services or to any such information or files and shall not be required to make such information or files available to you after any such termination , suspension or restriction. We reserve the right to take steps we believe are necessary or appropriate to enforce and/or verify compliance with this Agreement. Sections 2, 6-9, 11-13, 15-20, 22, and 23 shall survive any expiration or termination of this Agreement.
19. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law. You agree to the exclusive jurisdiction of the federal and state courts located in the Borough of Manhattan, New York City, New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement.
20. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information on providers of such protections is available on GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). We do not endorse any of the products or services listed at such sites.
21. Information or Complaints. If you have a question or complaint regarding the Services or this Agreement, please contact us by writing to News America Marketing, 20 Westport Road, First Floor S., Wilton, CT 06897, Attn: Customer Support Digital, or by calling us at (203) 563-6600. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send us a notice pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multipled copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or acess to which is to be disabled, and information reasonably sufficient to permist us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
DMCA notices and counter-notices should be sent to: News America, Legal Department, 1211 Avenue of the Americas, New York, NY 10036, Attention: Copyright Agent, fax: (212) 852-7214, email: email@example.com.
23. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and us. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only for convenience and in no way defines or explains any section or provision hereof. The term "including" as used herein means "including without limitation." This Agreement hereby incorporates by this reference any additional terms that we post on the Services, and, except as otherwise expressly stated herein, this Agreement is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Services, by e-mail or by regular mail, in our discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any of our obligations due to causes beyond our control.
23. Apple-Specific Terms and Conditions. In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the version of any Services app that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the app. Apple is not providing any warranty for the app, except, if applicable, to refund its purchase price. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including , without limitation, any third party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to NAM at the contact information provided in Section 21 of this Agreement. The license you have been granted herein is limited to a non-transferable license to use the app on any Apple-branded product which runs Apple's iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the app, such as your wireless data service agreement. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
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