Terms ofService

These Terms of Service (“Terms”) are an agreement between you and HUGE CORPORATION, the company behind HUGE TV (“HUGE,” “we,” “us,” or “our”), covering the HUGE.TV mobile app (the “App”), the HUGE.tv website (the “Site”), and any other app, website, feature or online service we operate that links to these Terms. Together, the App, the Site and those other places are the “Platform.”

A time-limited competition in which Users submit short videos based on a specified theme and other Users vote on those submissions is a “Challenge.” A short video submitted by a User in response to a Challenge is an “Entry.” Digital items made available for use within the Platform are collectively “Virtual Items.” Prizes and other benefits offered in connection with a Challenge are each a “Reward.”

The Platform and the short-form video challenge services offered through the Platform, including browsing and viewing videos, creating, using and maintaining an account registered with HUGE (an “Account”), discovering, entering, creating, and voting in Challenges, earning, purchasing and using Virtual Items, and claiming Rewards, are collectively the “Services.” Videos, images, audio, music, text, comments, messages, profiles, Challenge materials, graphics, software, data, information, or other materials made available on or through the Services are called “Content”.

When we say “you” or “your,” we mean the person using any of the Services. Anyone who accesses or uses the Services using an Account is a “User.”

By creating an Account, accessing the Platform, entering or creating a Challenge, submitting an Entry, voting, purchasing or using a Virtual Item, claiming a Reward, buying anything in the App, or otherwise using the Services, you accept these Terms. If you do not agree to these Terms, do not use the Services.

The Community Guidelines, Privacy Policy, Virtual Items Policy, HUGE-Created Challenge Cash Prize and Payout Rules, HUGE TV Challenge and Voting Rules, and any other rules or policies we provide in connection with your use of HUGE are also part of these Terms. If two sets of terms conflict, the more specific terms control the subject they cover.

Changes. We may amend, supplement, replace, retire, or otherwise change these Terms and the policies, rules and other documents that apply to the Services. We will give you notice by email or through another reasonable notice before it takes effect. Your continued use of the Services after we have updated the Terms constitutes your acceptance of them. Updated policies and rules apply from their stated effective date. If you do not agree to a change, stop using the Services or close your Account.

To use the Services, you must be at least 18 years old, have the legal capacity to enter into these Terms, and be permitted to use the Services under the laws of the jurisdiction in which you reside or are located.

Accurate information, one Account. The information you give us must be accurate, complete and up to date, and one person gets one Account. You cannot have more than one Account or share your Account with anyone else.

Sanctions and prohibited parties. You confirm you are not located in, ordinarily resident in, or acting on behalf of anyone in a country or region subject to US embargoes or designated by the US government as a “terrorist supporting” country, and that you are not on any US government prohibited- or restricted-party list (including the Specially Designated Nationals (“SDN”) list and any denied-persons list).

Not banned before. You cannot use the Services if we have previously suspended, banned or terminated your Account. Coming back on a new Account without our written permission is also a violation of these Terms.

Account confidentiality. Keep your sign-in method to yourself. You are responsible for maintaining the confidentiality of your Account credentials, for restricting access to the devices you use, and for everything that happens under your Account. Do not share your credentials, give Account access to anyone else, or transfer your Account without our permission. Tell us right away if you suspect unauthorized use of your Account or any other security problem.

If you stop being eligible. If at any time you no longer meet any of the requirements above, you must stop using the Services and delete your Account. We can verify eligibility at any time and can refuse or end your access to the Services or suspend or terminate your Account at our discretion.

Your use of the Services is covered by the Privacy Policy, which is available at huge.tv/privacy-policy. It explains what personal information we collect, what we do with it, and the choices you have.

Types of Challenges. Challenges come in two kinds: challenges created and funded by HUGE, sometimes with sponsors (“Platform Challenges”), and challenges created by eligible Users and reviewed by us before going live (“User-Created Challenges”).

No guarantees. We do not promise uninterrupted availability, that your video will be seen or ranked, that you will earn a particular number of votes, level up, receive any Reward, or, for a User-Created Challenge, that the eligible User who creates a User-Created Challenge (the “Challenge Creator”) or any other third party will deliver a promised Reward. We also do not promise that any feature will remain in the Platform. We can add, change, suspend or retire features, or issue fixes, patches, or updates to the Services (each, an “Update”) at any time, and these Terms apply to those Updates.

Moderation. We can, but are not obligated to, moderate anything on our Platform, including labelling, restricting or removing deceptive synthetic media under the Community Guidelines. We can also monitor use of your Services to check compliance with these Terms and take any of the enforcement steps described later in these Terms.

AI-enabled features. Some Services use artificial intelligence technology (“AI”), such as optional AI tools that help refine Challenge titles and rules or generate cover images (together, the “AI Features”). You keep any rights you have in the text, images and other Content you provide to the AI Features, subject to the license you grant us under these Terms. AI-generated Content may not always be accurate, complete, original or suitable for your intended use, and other Users may receive the same or similar Content. AI-generated Content is provided as is, without warranty. Some AI Features rely on third-party AI providers, and the Content you provide may be sent to and processed by those providers as described in the Privacy Policy and any terms presented when you use the feature.

The Community Guidelines set out what Content and behavior are not allowed - they apply to your use of the Services, including across the Platform. On top of that, you agree not to do any of the following using any of our Services:

Break the law. You agree not to use the Services for anything unlawful or in violation of any applicable law or regulation.

Impersonate. You agree not to impersonate any person or entity, or misrepresent your affiliation with any person or entity, or post or upload misleading Content.

Harass or harm. You agree not to harass, threaten, abuse, defame, bully, intimidate, stalk or otherwise mistreat anyone on HUGE.

Infringe. You agree not to infringe on anyone’s intellectual property, publicity or privacy rights, and to not submit Content of any person without their consent (or, for a minor, without the consent of their parents or guardians).

Scrape or automate. You agree not to scrape, crawl, data mine, harvest Content or personal information from, or otherwise access the Services using any automated means, or take any action that places an unreasonable or disproportionate load on our networks or infrastructure.

Reverse engineer. You agree not to reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part of it.

Attack. You agree not to introduce malware, viruses, or other harmful code into the Services, or probe, scan, breach, disrupt, or interfere with the security or integrity of the Platform or any related network, system, server, or database.

Steal credentials. You agree not to access another User’s Account without authorization, allow anyone else to use your Account, steal or collect Account credentials, engage in phishing, or attempt an Account takeover.

Interfere. You agree not to interfere with, disrupt, damage, disable, overburden, or impair the Services or anyone else’s access to or use of the Services.

Circumvent. You agree not to remove, disable, evade, damage, or circumvent any technical, geographic, age, security, access, or usage restriction, digital rights management mechanism, or other protection used in connection with the Services.

Rig a Challenge. You agree not to rig, manipulate, or interfere with any Challenge, Entry, voting process, ranking, result, or winner selection, including through bots, purchased or traded votes, coordinated voting, fake engagement, multiple Accounts, sock-puppet Accounts, collusion, or any other artificial or deceptive method.

Manipulate Platform systems. You agree not to manipulate or abuse any Reward claim, Virtual Item balance, refund, payment, payout, or other Platform process, including by providing false information, exploiting an error, or using any fraudulent or unauthorized method.

Compete. You agree not to use the Services, any Content obtained through the Services, or anything you learn from them to build or improve a competing product, service, or dataset, or to train, test, or improve an AI or machine-learning model.

We have the right to enforce these Terms and the Community Guidelines. Depending on what happened, we can remove Content, restrict features, adjust or revoke Virtual Items (as the law allows and, for App-based purchases made through Apple Inc. (“Apple”), consistent with Apple’s terms relating to their refund process), disqualify entries from a Challenge and forfeit related Rewards, suspend an Account (during which posting, voting, commenting and earning are frozen and progress is preserved), or terminate it. Serious conduct - for example, exploiting a minor, credible threats, or fraud - can lead to a permanent ban. We can act with or without notice to you and in our sole discretion, and we can also suspend or terminate access to our Services where the law requires it.

Leaving HUGE. You may close your Account at any time through the App under Settings → Account or by emailing support@huge.tv. We may allow a short period when you can reactivate your Account by signing back in. Once that period ends, the Account closure is final. Closing your Account does not entitle you to a refund for any prior purchase. Any Virtual Items or balances associated with your Account may be forfeited, except as required by law.

What survives. After these Terms end, any provisions of these Terms that by their nature should continue afterwards will remain in effect, including the licenses you grant us, disclaimers, limitations of liability, indemnification obligations, dispute-resolution provisions, and any amounts you already owe. Ending these Terms does not affect any rights or remedies that arose before termination or any other remedies available to us.

It stays yours. As between you and HUGE, you own any videos, sounds, comments, Challenge materials, and anything else you create, post, upload, submit, or otherwise make available through the Services (“User Content”), subject to the license you grant to HUGE under these Terms.

What we can do with it. By submitting or otherwise making User Content available through the Services, you authorize HUGE to host, store, reproduce, transcode, modify, adapt, format, display, perform, distribute, promote, and otherwise use that User Content as necessary to operate, provide, maintain, improve, and promote the Services. This includes displaying User Content in the App, on public webpages and Challenge-preview players, and through in-app or external sharing features, and creating excerpts or promotional materials from User Content. The complete license granted to HUGE is set forth below under “The License You Grant Us.”

Winners on screen. If you win or participate in a Challenge, as applicable, you authorize HUGE and its affiliates to use your name, username, profile information, image, likeness, voice, biographical information, Entry, and Challenge results to administer the Challenge and to announce, display, and promote its results through the Services, social media, and other promotional channels, subject to applicable law, any additional consent required by law, and any Challenge-specific rules or disclosures.

Removing your Content. You may delete certain User Content through the Services. Deleted User Content may remain in our backup systems for a limited time, but we will not make it publicly available again unless these Terms otherwise allow.

Other Users’ Content. HUGE does not own or control Content posted by other Users (collectively, “Other Users’ Content”), and Other Users’ Content is not our endorsement. We do not verify, and cannot guarantee, the accuracy, completeness or reliability of any User Content, Other Users’ Content or other Content on the Services, and you use it at your own risk. You can report any concerns in the App. We may investigate it, but we are not obliged to monitor Content or referee disputes between Users.

No back-up obligation. We do not have any obligation to store, maintain, or provide copies of your User Content. User Content on the Platform may be removed or become unavailable at any time, subject to applicable law. You are solely responsible for keeping your own copies of your User Content. HUGE is not liable for any loss or damage arising from the loss, deletion, or unauthorized disclosure of your User Content.

No confidential or fiduciary relationship. Except as expressly provided in these Terms or our Privacy Policy, submitting User Content does not create any confidential, fiduciary, agency, employment, partnership, joint venture, or other special relationship between you and HUGE. You should not submit any information that you expect HUGE to treat as confidential unless HUGE has expressly agreed in writing to do so.

Reporting. You may report Content or User conduct through the report tools in the App, or email report@huge.tv.

As between you and HUGE, you keep ownership of your User Content. By creating, uploading, submitting, posting, transmitting, or otherwise making User Content available through the Services, you grant HUGE and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable license to host, store, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, promote, and otherwise use and exploit your User Content - including your name, handle, image, likeness and voice in any form, media or technology now known or later developed, to operate, provide, improve, develop and promote the Platform and the Services, including training, testing and improving HUGE’s AI and machine-learning systems, in each case subject to applicable law. You waive any moral rights you may have in your User Content to the extent permitted by law.

Feedback. If you provide HUGE with any ideas, suggestions, comments, proposals, recommendations, or other feedback regarding the Platform or the Services (“Feedback”), you grant HUGE and its affiliates an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable through multiple tiers license to use, reproduce, modify, adapt, create derivative works from, distribute, commercialize, and otherwise exploit that Feedback for any lawful purpose, without restriction, attribution, compensation, or other obligation to you. HUGE is not required to treat Feedback as confidential.

Your promises. You represent and warrant that: (a) you own your User Content or have obtained all rights, licenses, consents, permissions, releases, and authorizations necessary to submit it and grant the rights described in these Terms; (b) HUGE’s and its affiliates’ exercise of those rights will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, contractual, or other rights of any person or entity; (c) you have obtained all necessary permissions and releases from each person whose name, image, likeness, voice, performance, or other identifying information appears in your User Content; and (d) your User Content and its submission and use as contemplated by these Terms comply with applicable law and these Terms.

Reporting copyright infringement. We take copyright seriously. If you believe that Content available through the Services infringes your copyright, you may ask us to remove or disable access to it by sending a written notice to our designated copyright agent (contact details below).

To qualify as a notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), your notice (“DMCA Notice”) must include:

• your physical or electronic signature;
• identification of the copyrighted work you believe has been infringed or, if your claim covers multiple works on the Services, a representative list of those works;
• identification of the material you believe is infringing, with enough detail for us to locate it;
• your name, mailing address, telephone number, and, if available, email address;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in your notice is accurate; and
• a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A notice that does not include all information required by Section 512(c)(3) of the DMCA may not be effective. If you knowingly and materially misrepresent that Content or activity on the Services infringes your copyright, you may be responsible for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

Where to send a DMCA Notice. Send DMCA Notices to our designated copyright agent:

DMCA Agent, HUGE.TV
HUGE CORPORATION
1 Central Park South
New York, NY 10019
+1 (202) 492-0255
Email: dmca@huge.tv

Counter-notices. If Content you posted is removed or disabled and you believe that happened because of a mistake or misidentification, you may send our designated copyright agent a written counter-notice (“Counter-Notice”). Your Counter-Notice must include:

• your physical or electronic signature;
• identification of the Content that was removed or disabled and where it appeared before it was removed or disabled;
• your name, mailing address, telephone number, and, if available, email address;
• a statement under penalty of perjury that you have a good-faith belief that the Content was removed or disabled because of a mistake or misidentification; and
• a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located or, if you live outside the United States, any judicial district where HUGE may be found, and that you will accept service of process from the person who submitted the original DMCA Notice or that person’s agent.

If we receive a valid Counter-Notice, we may send a copy to the person who submitted the original DMCA Notice. We may restore the affected Content in accordance with the DMCA unless that person notifies us that they have filed a court action seeking to prevent the allegedly infringing activity.

If you knowingly and materially misrepresent that Content was removed or disabled because of a mistake or misidentification, you may be responsible for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.

Repeat infringers. It is our policy, in appropriate circumstances, to disable or terminate the Accounts of Users who are repeat infringers.

As is. Our Services are provided as they are, with all faults, and as available. To the fullest extent the law allows, HUGE and its affiliates disclaim all warranties, express, statutory or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, workmanlike effort, and any warranty arising from course of dealing or trade. We do not warrant that the Services will be timely, uninterrupted, secure, accurate, complete, up to date, free of viruses, error-free, or safe, or that they will meet your needs or produce any specific result. If the law where you reside or are located does not allow the exclusion of certain warranties, the exclusions above apply to you to the fullest extent permitted by that law.

Third-Party Rewards. Some Rewards are offered in connection with a User-Created Challenge and are funded and delivered by the person who created the Challenge, not by HUGE (each, a “Third-Party Reward”). We may run the claim workflow, provide status tracking and generate a claim code. If a creator does not deliver a Third-Party Reward, we may take action on the Platform, such as restricting the creator’s ability to create Challenges or suspending or terminating the creator’s Account, but we will not pursue, recover or provide the Reward on your behalf. This paragraph does not apply to any Reward that the specific rules identify as funded or provided by HUGE, including a Reward for a sponsor-created or sponsored Platform Challenge. To the fullest extent the law allows, HUGE disclaims all liability for the delivery, performance, quality, safety or non-fulfilment of any Third-Party Reward.

Your submissions. You are solely responsible for what you submit and for any claims, proceedings, liabilities, losses, costs or expenses that come out of a breach of the promises you make about your User Content, including our authorized use and display of it under the license you grant us in these Terms. You are also responsible for your interactions with other Users and should take sensible safety precautions, on and off the Platform.

Trademarks and other HUGE IP. The HUGE TV name and logo, the Platform, and everything we build to run the Services - including software, algorithms, models, page layouts, custom graphics, button icons, scripts, look and feel, trademarks, service marks, trade dress and other intellectual property (collectively, “HUGE IP”) - belong to HUGE or our licensors. HUGE grants you a limited, non-transferable, revocable, non-exclusive license to access and use the Services for your personal, non-commercial use only in accordance with these Terms. Except for the limited license expressly granted above, no right, title, or interest in or to the HUGE IP is granted or transferred to you, whether by implication, estoppel, or otherwise. You may not copy, modify, reproduce, distribute, publicly display, publicly perform, remove, alter, obscure, or otherwise use any HUGE IP except as expressly permitted by these Terms.

Links and third-party materials. The Services may link to, or incorporate, third-party websites, services, software, data or other Content (together, “Third-Party Materials”). We do not control Third-Party Materials, do not endorse them, and are not responsible for them, and your use of them may be subject to other terms and privacy practices. You use Third-Party Materials at your own risk.

Challenge participation. Participation in any Challenge is voluntary. Participants are responsible for determining whether a Challenge is safe and appropriate for them and for taking reasonable safety precautions. Subject to the limitations and exceptions set out in the “Limitation of liability” paragraph below, to the fullest extent permitted by applicable law, HUGE, its affiliates, and each of their respective directors, officers, employees, agents, representatives, licensors, service providers, successors, and assigns (collectively, the “HUGE Parties”) will not be liable for any injury, illness, property damage, or other harm arising out of or relating to a participant’s participation in, or attempt to complete, any Challenge, including any act or omission of another User or Challenge Creator.

Limitation of liability. To the fullest extent permitted by applicable law, the HUGE Parties are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, lost data, loss of goodwill, or costs of procurement of substitute services or products, arising out of or related to the Services or these Terms - even if we have been told those losses were possible, and regardless of whether the claim is in contract, tort (including negligence), strict liability or otherwise. Our total aggregate liability to you for any and all claims arising out of or related to the Services or these Terms is capped at the greater of (i) the amounts you paid HUGE in the twelve (12) months before the event giving rise to the claim, and (ii) US$100. The existence of more than one claim will not enlarge this cap. Nothing in these Terms limits liability that cannot lawfully be limited - for example, for fraud or fraudulent misrepresentation, willful misconduct, or death or personal injury caused by our negligence - and nothing in these Terms is intended to take away the mandatory consumer rights you may have under applicable laws.

Indemnity. To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless the HUGE Parties, HUGE’s licensors, and each of their respective officers, directors, shareholders, contractors, agents, representatives, employees, general and limited partners, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all demands, claims, damages, awards, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms (including reasonable legal fees) (each, a “Claim”) arising out of or in connection with: your User Content, including any assertion that your User Content infringes, violates or misappropriates any copyright, trademark or privacy, publicity, contractual or other rights of any third party; your use of the Services; your conduct on or off the Services; your breach of these Terms; your violation of any law or regulation; your negligence, willful misconduct or infringement of any third-party right; or your dealings or transactions with other Users. HUGE can take exclusive control of the defense of any Claim, you will cooperate with us, and you cannot settle any Claim without our prior written consent. This indemnity survives termination of these Terms.

Assignment. You cannot assign or transfer these Terms, or any rights or obligations under them, without our prior written consent; any purported assignment without consent is null and void. HUGE can assign these Terms, in whole or in part, at any time without notice. These Terms bind and benefit each party’s successors and permitted assigns.

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, HAVE A JURY DECIDE YOUR CLAIMS, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

These Terms shall be governed by, and construed in accordance with, the laws of the United States and the State of New York without regard to the conflicts of law principles thereof. If any clause or provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such clause or provision shall not affect the validity of the remaining clauses or provisions of these Terms, including but not limited to the class action waiver. You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms, you shall bring such dispute in the courts of the New York County, New York, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts.

All claims arising in connection with your use of the Services should be reported and brought to our attention as soon as possible in a written statement delivered to legal@huge.tv. To the maximum extent permitted by law, you permanently and irrevocably waive your rights to bring any claim in connection with your use of the Services unless you bring it within one (1) year of the date of the event giving rise to such claim.

EXCEPT FOR DISPUTES THAT QUALIFY TO BE HEARD IN SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND THE HUGE PARTIES, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

YOU AGREE THAT HUGE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU FURTHER AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY AND THAT CLASS ARBITRATIONS, CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU HEREBY AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR ARBITRATION.

The arbitration will be administered by the American Arbitration Association (the “AAA”) under the Consumer Arbitration Rules (the “Rules”) (available from the AAA at www.adr.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to the parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will, to the extent required to make this section enforceable, pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator will be bound by these Terms, when not in conflict with applicable law, and the arbitrator’s decision will be binding and final, subject only to limited right of judicial review provided under the Federal Arbitration Act. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, we may use the applicable Rules to determine whether you are responsible for the filing, administrative and arbitrator fees. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local government agencies or from seeking public injunctive relief in court where that right cannot be waived under applicable state law.

These Terms constitute the sole and entire agreement between you and us with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any product liability claim; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereunder.