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2024-03-28T20:07:25Z
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MediaWiki 1.41.0
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Compile_Mongodb_for_Raspberry_Pi_32bit&diff=2507
Compile Mongodb for Raspberry Pi 32bit
2021-06-16T02:46:54Z
<p>Brianegge: </p>
<hr />
<div>Based on https://koenaerts.ca/compile-and-install-mongodb-on-raspberry-pi/<br />
<br />
Precompiled binaries for the impatient and trusting:<br />
<br />
* https://www.theeggeadventure.com/wp-content/uploads/2021/06/mongo (a1f3564cc3d7119f6609280525f12d0d)<br />
* https://www.theeggeadventure.com/wp-content/uploads/2021/06/mongod (8d971b27033fe72b7209873752856d0a)<br />
<br />
<syntaxhighlight lang="bash" source="file"><br />
365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz<br />
366 tar xvf mongodb-src-r3.2.12.tar.gz<br />
367 cd mongodb-src-r3.2.12<br />
368 cat docs/building.md<br />
369 gcc --version<br />
370 python --version<br />
371 scons --version<br />
372 sudo aptitude install scons build-essential<br />
373 sudo aptitude install libboost-filesystem-dev libboost-program-options-dev libboost-system-dev<br />
374 sudo aptitude install python-pymongo<br />
375 sudo dd if=/dev/zero of=/mytempswapfile bs=1024 count=524288<br />
376 sudo chmod 0600 /mytempswapfile<br />
377 sudo mkswap /mytempswapfile<br />
378 sudo swapon /mytempswapfile<br />
413 sudo dd if=/dev/zero of=/mytempswapfile2 bs=1024 count=524288<br />
414 sudo mkswap /mytempswapfile2<br />
415 sudo swapon /mytempswapfile2<br />
416 sudo chmod 0600 /mytempswapfile2<br />
417 sudo swapon /mytempswapfile2<br />
418 free -m<br />
379 cd src/third_party/mozjs-38/<br />
380 ./get_sources.sh<br />
381 ./gen-config.sh arm linux<br />
382 cd -<br />
438 vi src/mongo/db/storage/mmap_v1/mmap_v1_engine.cpp<br />
# insert include %lt;sys/macros.h><br />
446 scons mongo mongod --wiredtiger=off --mmapv1=on --disable-warnings-as-errors=true<br />
449 ls -l build/opt/mongo/<br />
451 strip -s build/opt/mongo/mongo<br />
452 strip -s build/opt/mongo/mongod<br />
454 ll /usr/bin/mongo<br />
457 ls -ltr /usr/bin/mongo<br />
463 sudo service unifi stop<br />
464 cd /usr/bin/<br />
465 sudo mv mongod mongod-2.3<br />
466 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongod .<br />
467 sudo mv mongo mongo-2.3<br />
468 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongo .<br />
463 sudo service unifi restart<br />
</syntaxhighlight></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Compile_Mongodb_for_Raspberry_Pi_32bit&diff=2506
Compile Mongodb for Raspberry Pi 32bit
2021-06-16T02:35:29Z
<p>Brianegge: </p>
<hr />
<div>Based on https://koenaerts.ca/compile-and-install-mongodb-on-raspberry-pi/<br />
<br />
<syntaxhighlight lang="bash" source="file"><br />
365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz<br />
366 tar xvf mongodb-src-r3.2.12.tar.gz<br />
367 cd mongodb-src-r3.2.12<br />
368 cat docs/building.md<br />
369 gcc --version<br />
370 python --version<br />
371 scons --version<br />
372 sudo aptitude install scons build-essential<br />
373 sudo aptitude install libboost-filesystem-dev libboost-program-options-dev libboost-system-dev<br />
374 sudo aptitude install python-pymongo<br />
375 sudo dd if=/dev/zero of=/mytempswapfile bs=1024 count=524288<br />
376 sudo chmod 0600 /mytempswapfile<br />
377 sudo mkswap /mytempswapfile<br />
378 sudo swapon /mytempswapfile<br />
413 sudo dd if=/dev/zero of=/mytempswapfile2 bs=1024 count=524288<br />
414 sudo mkswap /mytempswapfile2<br />
415 sudo swapon /mytempswapfile2<br />
416 sudo chmod 0600 /mytempswapfile2<br />
417 sudo swapon /mytempswapfile2<br />
418 free -m<br />
379 cd src/third_party/mozjs-38/<br />
380 ./get_sources.sh<br />
381 ./gen-config.sh arm linux<br />
382 cd -<br />
438 vi src/mongo/db/storage/mmap_v1/mmap_v1_engine.cpp<br />
# insert include %lt;sys/macros.h><br />
446 scons mongo mongod --wiredtiger=off --mmapv1=on --disable-warnings-as-errors=true<br />
449 ls -l build/opt/mongo/<br />
451 strip -s build/opt/mongo/mongo<br />
452 strip -s build/opt/mongo/mongod<br />
454 ll /usr/bin/mongo<br />
457 ls -ltr /usr/bin/mongo<br />
463 sudo service unifi stop<br />
464 cd /usr/bin/<br />
465 sudo mv mongod mongod-2.3<br />
466 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongod .<br />
467 sudo mv mongo mongo-2.3<br />
468 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongo .<br />
463 sudo service unifi restart<br />
</syntaxhighlight></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Compile_Mongodb_for_Raspberry_Pi_32bit&diff=2505
Compile Mongodb for Raspberry Pi 32bit
2021-06-16T02:35:05Z
<p>Brianegge: </p>
<hr />
<div><syntaxhighlight lang="bash" source="file"><br />
365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz<br />
366 tar xvf mongodb-src-r3.2.12.tar.gz<br />
367 cd mongodb-src-r3.2.12<br />
368 cat docs/building.md<br />
369 gcc --version<br />
370 python --version<br />
371 scons --version<br />
372 sudo aptitude install scons build-essential<br />
373 sudo aptitude install libboost-filesystem-dev libboost-program-options-dev libboost-system-dev<br />
374 sudo aptitude install python-pymongo<br />
375 sudo dd if=/dev/zero of=/mytempswapfile bs=1024 count=524288<br />
376 sudo chmod 0600 /mytempswapfile<br />
377 sudo mkswap /mytempswapfile<br />
378 sudo swapon /mytempswapfile<br />
413 sudo dd if=/dev/zero of=/mytempswapfile2 bs=1024 count=524288<br />
414 sudo mkswap /mytempswapfile2<br />
415 sudo swapon /mytempswapfile2<br />
416 sudo chmod 0600 /mytempswapfile2<br />
417 sudo swapon /mytempswapfile2<br />
418 free -m<br />
379 cd src/third_party/mozjs-38/<br />
380 ./get_sources.sh<br />
381 ./gen-config.sh arm linux<br />
382 cd -<br />
438 vi src/mongo/db/storage/mmap_v1/mmap_v1_engine.cpp<br />
# insert include %lt;sys/macros.h><br />
446 scons mongo mongod --wiredtiger=off --mmapv1=on --disable-warnings-as-errors=true<br />
449 ls -l build/opt/mongo/<br />
451 strip -s build/opt/mongo/mongo<br />
452 strip -s build/opt/mongo/mongod<br />
454 ll /usr/bin/mongo<br />
457 ls -ltr /usr/bin/mongo<br />
463 sudo service unifi stop<br />
464 cd /usr/bin/<br />
465 sudo mv mongod mongod-2.3<br />
466 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongod .<br />
467 sudo mv mongo mongo-2.3<br />
468 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongo .<br />
463 sudo service unifi restart<br />
</syntaxhighlight></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Compile_Mongodb_for_Raspberry_Pi_32bit&diff=2504
Compile Mongodb for Raspberry Pi 32bit
2021-06-16T02:34:07Z
<p>Brianegge: </p>
<hr />
<div><br />
<geshi lang="bash"><br />
365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz<br />
366 tar xvf mongodb-src-r3.2.12.tar.gz<br />
367 cd mongodb-src-r3.2.12<br />
368 cat docs/building.md<br />
369 gcc --version<br />
370 python --version<br />
371 scons --version<br />
372 sudo aptitude install scons build-essential<br />
373 sudo aptitude install libboost-filesystem-dev libboost-program-options-dev libboost-system-dev<br />
374 sudo aptitude install python-pymongo<br />
375 sudo dd if=/dev/zero of=/mytempswapfile bs=1024 count=524288<br />
376 sudo chmod 0600 /mytempswapfile<br />
377 sudo mkswap /mytempswapfile<br />
378 sudo swapon /mytempswapfile<br />
413 sudo dd if=/dev/zero of=/mytempswapfile2 bs=1024 count=524288<br />
414 sudo mkswap /mytempswapfile2<br />
415 sudo swapon /mytempswapfile2<br />
416 sudo chmod 0600 /mytempswapfile2<br />
417 sudo swapon /mytempswapfile2<br />
418 free -m<br />
379 cd src/third_party/mozjs-38/<br />
380 ./get_sources.sh<br />
381 ./gen-config.sh arm linux<br />
382 cd -<br />
438 vi src/mongo/db/storage/mmap_v1/mmap_v1_engine.cpp<br />
# insert include %lt;sys/macros.h><br />
446 scons mongo mongod --wiredtiger=off --mmapv1=on --disable-warnings-as-errors=true<br />
449 ls -l build/opt/mongo/<br />
451 strip -s build/opt/mongo/mongo<br />
452 strip -s build/opt/mongo/mongod<br />
454 ll /usr/bin/mongo<br />
457 ls -ltr /usr/bin/mongo<br />
463 sudo service unifi stop<br />
464 cd /usr/bin/<br />
465 sudo mv mongod mongod-2.3<br />
466 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongod .<br />
467 sudo mv mongo mongo-2.3<br />
468 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongo .<br />
463 sudo service unifi restart<br />
</geshi></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Compile_Mongodb_for_Raspberry_Pi_32bit&diff=2503
Compile Mongodb for Raspberry Pi 32bit
2021-06-16T02:33:24Z
<p>Brianegge: </p>
<hr />
<div><geshi lang="bash"><br />
365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz<br />
366 tar xvf mongodb-src-r3.2.12.tar.gz<br />
367 cd mongodb-src-r3.2.12<br />
368 cat docs/building.md<br />
369 gcc --version<br />
370 python --version<br />
371 scons --version<br />
372 sudo aptitude install scons build-essential<br />
373 sudo aptitude install libboost-filesystem-dev libboost-program-options-dev libboost-system-dev<br />
374 sudo aptitude install python-pymongo<br />
375 sudo dd if=/dev/zero of=/mytempswapfile bs=1024 count=524288<br />
376 sudo chmod 0600 /mytempswapfile<br />
377 sudo mkswap /mytempswapfile<br />
378 sudo swapon /mytempswapfile<br />
413 sudo dd if=/dev/zero of=/mytempswapfile2 bs=1024 count=524288<br />
414 sudo mkswap /mytempswapfile2<br />
415 sudo swapon /mytempswapfile2<br />
416 sudo chmod 0600 /mytempswapfile2<br />
417 sudo swapon /mytempswapfile2<br />
418 free -m<br />
379 cd src/third_party/mozjs-38/<br />
380 ./get_sources.sh<br />
381 ./gen-config.sh arm linux<br />
382 cd -<br />
438 vi src/mongo/db/storage/mmap_v1/mmap_v1_engine.cpp<br />
# insert include <sys/macros.h><br />
446 scons mongo mongod --wiredtiger=off --mmapv1=on --disable-warnings-as-errors=true<br />
449 ls -l build/opt/mongo/<br />
451 strip -s build/opt/mongo/mongo<br />
452 strip -s build/opt/mongo/mongod<br />
454 ll /usr/bin/mongo<br />
457 ls -ltr /usr/bin/mongo<br />
463 sudo service unifi stop<br />
464 cd /usr/bin/<br />
465 sudo mv mongod mongod-2.3<br />
466 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongod .<br />
467 sudo mv mongo mongo-2.3<br />
468 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongo .<br />
463 sudo service unifi restart<br />
</geshi></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Compile_Mongodb_for_Raspberry_Pi_32bit&diff=2502
Compile Mongodb for Raspberry Pi 32bit
2021-06-16T02:32:38Z
<p>Brianegge: Created page with "<verbatim> 365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz 366 tar xvf mongodb-src-r3.2.12.tar.gz 367 cd mongodb-src-r3.2.12 368 cat docs/buildi..."</p>
<hr />
<div><verbatim><br />
365 wget https://fastdl.mongodb.org/src/mongodb-src-r3.2.12.tar.gz<br />
366 tar xvf mongodb-src-r3.2.12.tar.gz<br />
367 cd mongodb-src-r3.2.12<br />
368 cat docs/building.md<br />
369 gcc --version<br />
370 python --version<br />
371 scons --version<br />
372 sudo aptitude install scons build-essential<br />
373 sudo aptitude install libboost-filesystem-dev libboost-program-options-dev libboost-system-dev<br />
374 sudo aptitude install python-pymongo<br />
375 sudo dd if=/dev/zero of=/mytempswapfile bs=1024 count=524288<br />
376 sudo chmod 0600 /mytempswapfile<br />
377 sudo mkswap /mytempswapfile<br />
378 sudo swapon /mytempswapfile<br />
413 sudo dd if=/dev/zero of=/mytempswapfile2 bs=1024 count=524288<br />
414 sudo mkswap /mytempswapfile2<br />
415 sudo swapon /mytempswapfile2<br />
416 sudo chmod 0600 /mytempswapfile2<br />
417 sudo swapon /mytempswapfile2<br />
418 free -m<br />
379 cd src/third_party/mozjs-38/<br />
380 ./get_sources.sh<br />
381 ./gen-config.sh arm linux<br />
382 cd -<br />
438 vi src/mongo/db/storage/mmap_v1/mmap_v1_engine.cpp<br />
# insert include <sys/macros.h><br />
446 scons mongo mongod --wiredtiger=off --mmapv1=on --disable-warnings-as-errors=true<br />
449 ls -l build/opt/mongo/<br />
451 strip -s build/opt/mongo/mongo<br />
452 strip -s build/opt/mongo/mongod<br />
454 ll /usr/bin/mongo<br />
457 ls -ltr /usr/bin/mongo<br />
463 sudo service unifi stop<br />
464 cd /usr/bin/<br />
465 sudo mv mongod mongod-2.3<br />
466 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongod .<br />
467 sudo mv mongo mongo-2.3<br />
468 sudo cp ~/mongodb-src-r3.2.12/build/opt/mongo/mongo .<br />
463 sudo service unifi restart<br />
</verbatim></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Main_Page&diff=2501
Main Page
2021-06-16T02:29:10Z
<p>Brianegge: </p>
<hr />
<div>{|cellpadding="5" cellspacing="0" border="1" width="100%"<br />
|-valign="top"<br />
|<br />
* Technical Tips<br />
** [[:Category:Java]]<br />
*** [[Log4j file rotation]]<br />
*** [[Java Unique List]]<br />
*** [[Javax.net.debug]]<br />
*** [[LUHN algorithm]]<br />
** [[Linux Tips]]<br />
** [[Compile Mongodb for Raspberry Pi 32bit]]<br />
** [[:Category:Solaris]]<br />
** [[Windows Tips]]<br />
*** [[Cygwin Tips]]<br />
** [[OS X Tips]]<br />
** [[PHP Tips]]<br />
** [[Cxx Tips]]<br />
** [[Ruby Tips]]<br />
** [[Sybase Tips]]<br />
** [[Interview Questions]]<br />
** [[Top 10 ways to increase traffic to your wiki]]<br />
|<br />
* Projects<br />
** [[OVH]]<br />
** [[:Category:Word Dojo]]<br />
** [[URL Converters]]<br />
** [[FINSIA]]<br />
** [[Slicehost]]<br />
** [[Parsers Presentation]]<br />
** [[BeachProjects]]<br />
** [[CCNJ Podcast]]<br />
** [[CruiseControl Build Status]]<br />
** [[GPS Meets Google Maps]]<br />
** [[Xbox Linux Project]]<br />
|<br />
* Blogs<br />
** [[Stack Overflow page design]]<br />
** [[mimetex]]<br />
** [[LG DV7821P]]<br />
** [[Email Authentication]]<br />
** [[Quotes]]<br />
** [[Software Ungineering]]<br />
** [[Password Security]]<br />
** [[Visa Signature Concierge Service]]<br />
** [[My Legal Life]]<br />
|}</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=OVH&diff=2500
OVH
2019-08-23T11:25:53Z
<p>Brianegge: </p>
<hr />
<div>I've decided to move off my 1G Slicehost (now rackspace) on to an clean Ubuntu 18.04 4GB VPS on OVH.<br />
<br />
First, I setup my shell<br />
<syntaxhighlight lang="bash" source="file"><br />
ssh-keygen<br />
cat ~/.ssh/id_rsa.pub # Copy to bit bucket<br />
git clone git@bitbucket.org:brianegge/home.git<br />
ln -s home/.bash_profile<br />
sudo apt-get update<br />
adduser egge<br />
usermod -aG sudo egge<br />
</syntaxhighlight><br />
<br />
https://www.digitalocean.com/community/tutorials/initial-server-setup-with-ubuntu-18-04<br />
<br />
<syntaxhighlight lang="bash" source="file"><br />
ssh egge@51.79.74.165<br />
ssh-keygen<br />
cat ~/.ssh/id_rsa.pub # Copy to bit bucket<br />
git clone git@bitbucket.org:brianegge/home.git<br />
ln -s home/.bash_profile<br />
</syntaxhighlight><br />
<br />
Setup permissions in html folders:<br />
<syntaxhighlight lang="bash" source="file"><br />
sudo find . -type f -exec chmod 644 {} \;<br />
sudo find . -type d -exec chmod 755 {} \;<br />
sudo chown www-data:www-data -R<br />
</syntaxhighlight></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=OVH&diff=2497
OVH
2019-08-17T11:50:10Z
<p>Brianegge: Created page with "I've decided to move off my 1G Slicehost (now rackspace) on to an clean Ubuntu 18.04 4GB VPS on OVH. First, I setup my shell <syntaxhighlight lang="bash" source="file"> ssh-k..."</p>
<hr />
<div>I've decided to move off my 1G Slicehost (now rackspace) on to an clean Ubuntu 18.04 4GB VPS on OVH.<br />
<br />
First, I setup my shell<br />
<syntaxhighlight lang="bash" source="file"><br />
ssh-keygen<br />
cat ~/.ssh/id_rsa.pub # Copy to bit bucket<br />
git clone git@bitbucket.org:brianegge/home.git<br />
ln -s home/.bash_profile<br />
sudo apt-get update<br />
adduser egge<br />
usermod -aG sudo egge<br />
</syntaxhighlight><br />
<br />
https://www.digitalocean.com/community/tutorials/initial-server-setup-with-ubuntu-18-04<br />
<br />
<syntaxhighlight lang="bash" source="file"><br />
ssh egge@51.79.74.165<br />
ssh-keygen<br />
cat ~/.ssh/id_rsa.pub # Copy to bit bucket<br />
git clone git@bitbucket.org:brianegge/home.git<br />
ln -s home/.bash_profile<br />
</syntaxhighlight></div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Main_Page&diff=2496
Main Page
2019-08-17T11:29:00Z
<p>Brianegge: </p>
<hr />
<div>{|cellpadding="5" cellspacing="0" border="1" width="100%"<br />
|-valign="top"<br />
|<br />
* Technical Tips<br />
** [[:Category:Java]]<br />
*** [[Log4j file rotation]]<br />
*** [[Java Unique List]]<br />
*** [[Javax.net.debug]]<br />
*** [[LUHN algorithm]]<br />
** [[Linux Tips]]<br />
** [[:Category:Solaris]]<br />
** [[Windows Tips]]<br />
*** [[Cygwin Tips]]<br />
** [[OS X Tips]]<br />
** [[PHP Tips]]<br />
** [[Cxx Tips]]<br />
** [[Ruby Tips]]<br />
** [[Sybase Tips]]<br />
** [[Interview Questions]]<br />
** [[Top 10 ways to increase traffic to your wiki]]<br />
|<br />
* Projects<br />
** [[OVH]]<br />
** [[:Category:Word Dojo]]<br />
** [[URL Converters]]<br />
** [[FINSIA]]<br />
** [[Slicehost]]<br />
** [[Parsers Presentation]]<br />
** [[BeachProjects]]<br />
** [[CCNJ Podcast]]<br />
** [[CruiseControl Build Status]]<br />
** [[GPS Meets Google Maps]]<br />
** [[Xbox Linux Project]]<br />
|<br />
* Blogs<br />
** [[Stack Overflow page design]]<br />
** [[mimetex]]<br />
** [[LG DV7821P]]<br />
** [[Email Authentication]]<br />
** [[Quotes]]<br />
** [[Software Ungineering]]<br />
** [[Password Security]]<br />
** [[Visa Signature Concierge Service]]<br />
** [[My Legal Life]]<br />
|}</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Ticketmaster&diff=2495
Ticketmaster
2016-02-20T02:22:53Z
<p>Brianegge: Created page with " My Brooklyn Nets Chant Account Terms of Use Your Consent to these Terms, and How these Terms may be Amended You are currently visiting a section of the Brooklyn Nets Cha..."</p>
<hr />
<div><br />
My Brooklyn Nets Chant Account<br />
Terms of Use<br />
<br />
Your Consent to these Terms, and How these Terms may be Amended<br />
<br />
<br />
<br />
You are currently visiting a section of the Brooklyn Nets Chant web site, or reviewing an e-mail, that features advanced ticketing transaction technologies and services (such section of the Brooklyn Nets Chant web site, e-mail, technologies and services, are collectively referred to as the “Advanced Services”). Some of the Advanced Services are provided by the Brooklyn Nets Chant, and some of the Advanced Services are provided by Ticketmaster. The following are the “Terms” that govern your use of the Advanced Services. While using the Advanced Services you may see links that, when clicked on, will take you to Internet sites operated by the Brooklyn Nets Chant, Ticketmaster or others that are not part of the Advanced Services. Please review the terms of use appearing with those sites and services, as those terms will govern those sites and services instead of these Terms. If there is a conflict between these Terms and any other terms, then these Terms shall govern.<br />
<br />
<br />
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By using the Advanced Services, you expressly agree to be bound by and comply with these Terms, and all applicable laws and regulations, and also agree to be bound by any additional non-conflicting terms or conditions on which you have or will agree with Ticketmaster L.L.C. (“Ticketmaster”) or the Brooklyn Nets Chant. These Terms shall constitute a valid, binding and enforceable legal agreement among you, the Brooklyn Nets Chant and Ticketmaster. There shall be no oral or implied agreement between you and Ticketmaster, you and the Brooklyn Nets Chant, or you, Ticketmaster and the Brooklyn Nets Chant that shall be binding or enforceable, and all parties agree not to claim that there is.<br />
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<br />
<br />
Ticketmaster reserves the right to change these Terms at any time, by posting a link to, or posting, the new Terms where the Advanced Services are provided. Such change shall be effective with respect to you commencing the first time that you visit this web site or otherwise use the Advanced Services after such changed Terms have been posted. Please review the Terms periodically to see whether they have changed.<br />
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Code of Conduct<br />
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When using this web site (the “Site”) you agree that you will comply with all applicable laws, rules and regulations, and that you will not:<br />
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Use the Site for any unlawful purpose;<br />
Impersonate any person or entity, whether actual or fictitious, including any Season Ticket Holder or any employee or representative of our company;<br />
Harvest or collect information about Site users;<br />
Use any area of the Site for any purpose other than the use of the Advanced Services provided on the Site.<br />
Ownership of Content and Grant of Conditional License<br />
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The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on the Site (collectively, the “Content”) is owned by us or our licensors. We own a copyright in the Site and Content. We may change the Content and features of the Site at any time.<br />
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We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content to use the Advanced Services as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:<br />
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Do anything to violate the Code of Conduct;<br />
Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;<br />
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;<br />
Link to any portion of the Site other than the URL assigned to the home page of our site;<br />
“Frame” or “mirror” any part of the Site;<br />
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;<br />
Remove any copyright, trademark or other proprietary rights notices contained on the Site;<br />
Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, scrape the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.<br />
Use any automated software application or computer system to search for, reserve, buy or otherwise obtain tickets or any other items available on the Site in a way that circumvents, avoids, alters, or affects the design, architecture, or flow of the Site, or of the user experience in utilizing the Site.<br />
Reproduce tickets generated by the Advanced Services in a format or medium different from that provided by the Site;<br />
Reproduce, modify, display, distribute or create derivative works of the Site, or tickets reproduced from the Site;<br />
Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, the rights in, or the reproduction of tickets from the Site in any way including, without limitation, by manual or automatic device or process, for any purpose;<br />
Use the trademarks, logos and service movies as displayed on the Site in any way without our permission. All registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors.<br />
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Special Terms Applicable to Specific Advanced Services<br />
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All of these Terms shall apply to the use of each of the Advanced Services. However, also included in these Terms under the heading “Specific Additional Terms Governing Specific Advanced Services” are additional provisions that also govern your use of certain of the Advanced Services.<br />
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Violations of the Terms<br />
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If you violate the Terms, you may be prohibited from using the Advanced Services now or in the future, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, an “Activity”), or season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and appropriate legal actions may be taken against you.<br />
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Registration; User Names and Passwords<br />
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You may need to register with the Advanced Services, or receive a username and password, in order to use certain Advanced Services. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all Activities that occur under your username and password, regardless of whether undertaken by you or undertaken by someone who has received your username and password. If the Advanced Services are unable to verify or authenticate any information you provide during any Activity, you may be prohibited from using the Advanced Services.<br />
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Responsibility for Allowing Others Access to Tickets and E-mail Transmission Errors<br />
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Many of the Advanced Services use e-mail and web site downloads to deliver electronic tickets which can be printed out, copied, saved and forwarded to others, either physically (i.e., after being printed out) or electronically. Despite the fact that multiple copies and print-outs of the same ticket can be created, only the first copy or print-out that is presented and scanned for admission at a venue will in fact be valid for admission; once that scanning occurs, all other copies and print-outs of that ticket will no longer be valid for entry. Accordingly, you agree to be solely responsible for safeguarding all tickets (and all pass codes, Internet addresses, e-mails and other places and means where tickets can be obtained) with great care, and you agree that if a ticket is copied, reprinted or forwarded to another person, or another person is given access to a ticket, neither Brooklyn Nets Chant, Ticketmaster nor anyone else will have any liability or responsibility for any print-outs or copies of the ticket not being valid for admission due to the previous admission scanning of another print-out or copy of the same ticket. Similarly, you agree that you will be solely responsible for distribution errors caused by you providing an inaccurate e-mail address, for lost, stolen, damaged or destroyed tickets, and for lost, stolen, deleted, improperly addressed, forwarded or misdirected e-mails linking to Internet sites (or pass codes or Internet addresses) where tickets are accessible.<br />
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Authorization to Cancel a Ticket<br />
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By instructing the Advanced Services to forward, distribute, transfer or sell a ticket, you authorize Ticketmaster and the Brooklyn Nets Chant to issue to the recipient a valid ticket and to cancel and invalidate your ticket for the same seat at the same event. You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use, or take any action that directly or indirectly allows to be cancelled or invalidated, any sold, conveyed, forwarded, otherwise distributed or otherwise cancelled or invalidated ticket.<br />
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ticketFast®<br />
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Many of the Advanced Services, such as Group Tickets, Season Tickets and purchasing tickets from Season Ticket Holders use ticketFast®. To read more about how ticketFast works, and hardware and software requirements for the recipient to read and print ticketFast tickets, https://oss.ticketmaster.com/aps/intix2007/EN//faq/am/home_page.<br />
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Cancelled or Postponed Events<br />
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Occasionally, events are cancelled or postponed by the Brooklyn Nets Chant or venue due to weather conditions or situations affecting the performers, players, other personnel or staff or the audience. Please review the Specific Additional Terms Governing Specific Advanced Services below for provisions applicable to cancelled or postponed events.<br />
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Resale<br />
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The Advanced Services cannot be used to resell tickets that have already been sold, distributed or forwarded through the Advanced Services.<br />
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Title; Role of Brooklyn Nets Chant and Ticketmaster<br />
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All of this paragraph is subject to those parts of these Terms applicable to refunds and credits for cancelled or postponed events. All rights and obligations with respect to a ticket pass upon completion of a group ticket distribution (unless properly cancelled through the method described below), forward, purchase or sale transaction. For purposes hereof, “completion” shall occur (a) for a group ticket distribution transaction if the recipient pays for the ticket then upon the payment for a group ticket by the recipient, or instead if the group manager pays for the ticket then upon the use of the ticket to enter an event (or if not presented to enter an event, then upon the ticket’s event start time), (b) for a season ticket forwarding transaction when the Advanced Services sends (and before the recipient receives) the forwarded ticket, and (c) for a purchase or sale transaction when the Advanced Services sends (and before the recipient receives) the ticket in the case of electronic delivery, or when the Advanced Services deposits the ticket with the mail or a delivery service in the case of delivery of a paper ticket provided that the purchaser will not have the right to cancel a purchase or deliver once the purchaser has made an order (provided that Ticketmaster will have the right to allow such a cancellation in Ticketmaster’s sole discretion). Throughout these processes, neither Ticketmaster nor the Brooklyn Nets Chant will ever take title to the ticket. Title will pass directly from the group manager to the ticket recipient in the case of a group ticket distribution (unless the recipient, and not the group manager, is the purchaser of the ticket, in which case title will pass directly from Brooklyn Nets Chant to the recipient, because the group manager will never have had title), directly from the ticket forwarder to the person to whom the forwarder has forwarded the ticket in the case of season ticket forwarding, and directly from the seller to the purchaser in the case of a sale transaction. Further, Ticketmaster is not the agent of any party other than Brooklyn Nets Chant. Ticketmaster is only a technology provider, and as such is providing ticket cancellation, distribution, posting, forwarding, authentication, delivery and payment processing services.<br />
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User Obligations<br />
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In exchange for your use of the Advanced Services, you agree: (a) to provide the Advanced Services with current, complete and accurate information about yourself (“Registration Data”), (b) to maintain and update your Registration Data as necessary to ensure that it remains current, complete and accurate; (c) not to use the Advanced Services for any illegal purpose; (d) not to impersonate any person or entity; (e) not to interfere with or disrupt networks connected to the Advanced Services or violate the regulations, policies or procedures of such networks; (f) not to attempt to gain unauthorized access to the Advanced Services, other accounts, computer systems or networks connected to the Advanced Services, through password mining or any other means; (g) not to engage in any other conduct which, in Ticketmaster’s or the Brooklyn Nets Chant sole discretion, is considered unauthorized or objectionable; and (h) not to use the Advanced Services in connection with any commercial endeavors other than to the extent permitted by Ticketmaster or Brooklyn Nets Chant.<br />
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Service Modifications<br />
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Ticketmaster and the Brooklyn Nets Chant reserve the right, in each of their sole discretion, to modify, suspend or discontinue any part of the Advanced Services at any time, with or without notice to you. Ticketmaster and the Brooklyn Nets Chant also reserve the right, in each of their sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Advanced Services without notice to you. Neither Ticketmaster nor the Brooklyn Nets Chant shall be liable to you or any third party for any claim or cause of action arising out of the Brooklyn Nets Chant or Ticketmaster’s exercise of the foregoing rights.<br />
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Service Outages<br />
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Neither Ticketmaster nor the Brooklyn Nets Chant warrant or represent that the Advanced Services will always function or be error-free. Neither Ticketmaster nor the Brooklyn Nets Chant assume any liability or responsibility for errors or omissions in the Advanced Services or for problems with its functioning. Your access to and use of the Advanced Services are at your own risk.<br />
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Privacy Policy<br />
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The information you provide to the Advanced Services shall be collected, used and disclosed in accordance with the Privacy Policies linked to from this sentence. Web sites linked to the Advanced Services that are not part of the Advanced Services are not subject to such Privacy Policy. You should refer to those sites’ own privacy policies to learn how they collect, use and disclose information about you.<br />
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Disclaimer; Limitation of Liability<br />
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Ticketmaster, the Brooklyn Nets Chant, their respective affiliates, successors, assignees and licensees, and each of the foregoing’s respective officer, directors, employees and contractors (all such persons, including, but not limited to Ticketmaster, the “Released Parties”) do not make any guarantee that any tickets posted will be purchased through the Advanced Services, or that any tickets forwarded or distributed will be accepted by the intended recipient. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSES’ ACCESS TO, USE OF OR INABILITY TO USE THE ADVANCED SERVICES, ANY INFORMATION PROVIDED ON THE ADVANCED SERVICES OR ANY TRANSACTIONS OR OTHER ACTIVITIES ENTERED INTO THROUGH THE ADVANCED SERVICES (EVEN IF SUCH RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE RELEASED PARTIES THROUGH THE USE OF THE ADVANCED SERVICES. WITHOUT LIMITING THE FOREGOING, THE ADVANCED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No information, whether oral or written, obtained by you from any Released Party shall create any warranty not expressly made in these Terms. No Released Party shall be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Advanced Services or your downloading of any material or information from, or referred to by, the Advanced Services.<br />
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Indemnification<br />
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You agree to indemnify and hold Ticketmaster, the Brooklyn Nets Chant and the other Released Parties harmless from and against any third-party claim or demand, including reasonable attorneys’ fees, arising out of your (or that of another party who uses your computer equipment, pass codes or user names) use of the Advanced Services, violation of these Terms or infringement of any intellectual property or other right of any person or entity.<br />
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Termination; Suspension<br />
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The Brooklyn Nets Chant may, in its sole discretion, and Ticketmaster may, if authorized by the Brooklyn Nets Chant, immediately terminate, suspend or restrict your right to use the Advanced Services at any time with or without cause, including without limitation if either finds that you have failed to comply with any provision of these Terms or if either believes, in its sole discretion, that you have in any way abused your right to use the Advanced Services. Neither Ticketmaster nor the Brooklyn Nets Chant shall be liable to you or to any third party for any claim or cause of action arising out of such termination, restriction or suspension.<br />
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Miscellaneous<br />
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These Terms shall be governed by and construed in accordance with the laws of the State where the “home games” of the Brooklyn Nets Chant are played, without regard to such state’s conflict of law provisions. In the event of a dispute, you, Ticketmaster and the Brooklyn Nets Chant each agree to submit to the exclusive jurisdiction and consent to the exclusive and personal jurisdiction and venue of these courts. Ticketmaster’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ticketmaster in writing. The Brooklyn Nets Chant failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Brooklyn Nets Chant in writing. If a provision of these Terms is void or invalid under, or contravenes an, applicable law, then such provision shall be amended to the extent necessary to restore these Terms’ validity, effect and compliance therewith. The Brooklyn Nets Chant and Ticketmaster shall not be jointly or severally liable for each other’s actions or omissions. You will not hold Ticketmaster liable for any of the Brooklyn Nets Chant acts or omissions and you will not hold the Brooklyn Nets Chant liable for any of Ticketmaster’s acts or omissions.<br />
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Specific Additional Terms Governing Specific Advanced Services<br />
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The below includes additional terms that are (in addition to the Terms above), applicable to specific Advanced Services, and, together with the above, constitute these “Terms.”<br />
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Group Tickets<br />
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The Group Manager service allows a group manager to distribute group tickets by having the Advanced Services send e-mails to recipients that the group manager designates, and having those recipients click on links in the e-mails to visit a web site where they may retrieve the tickets through the use of Ticketmaster’s ticketFast® electronic delivery system. Each recipient will be responsible for printing out and using the tickets. In some cases the group manager will pay for the tickets. In other cases, the recipients will pay for the tickets. The group manager may be given a choice between these two options, or only one option will be offered to the group manager. If the group manager pays for a ticket, then the group manager may cancel the ticket’s distribution at any time—even after the recipient has already collected the ticket, in which case the recipient’s ticket will be cancelled and the recipient will not be able to use it to attend the event. If the recipient pays (i.e., the group manager does not pay) for a ticket, then the group manager may only cancel a distribution before the recipient pays for the ticket; once the recipient pays for a ticket the group manager will not be able to cancel it.<br />
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Before instructing the Advanced Services to purchase a group ticket, the purchaser should carefully review all purchase selections. The purchaser will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law.<br />
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If an event for which a group ticket is distributed via the Advanced Services is cancelled or postponed, please contact the Brooklyn Nets Chant directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.<br />
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Season Ticket Forwarding<br />
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The ticket forwarding service allows you to forward your season tickets for a Game or event as an attachment to an e-mail sent to an e-mail address that you specify, through the use of Ticketmaster’s ticketFast® electronic delivery system. The recipient will then be responsible for printing out and using those season tickets. Once you have instructed the Advanced Services to forward a season ticket for a Game or event, you will not be able to recall it, even if the Advanced Services have not yet sent it. You therefore agree to carefully review both the ticket information and the recipient information you have provided during the ticket forwarding process before instructing the Advanced Services to forward a ticket.<br />
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Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by the Brooklyn Nets Chant or the Advanced Services. You may be required to provide the Advanced Services with your credit card number and other information in order to pay such fees, which will be processed or collected by the Brooklyn Nets Chant or Ticketmaster. Such fees are not refundable under any circumstances.<br />
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If the Brooklyn Nets Chant offers a program that allows you to forward your tickets to a charity, you should read the rules posted relating to such program on the Brooklyn Nets Chant web site. You should not assume that you will receive a tax deduction for forwarding tickets to a charity, or any documents that can be used to support a tax deduction, as you may not.<br />
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If an event for which a ticket is forwarded via the Advanced Services is cancelled or postponed, please contact the Brooklyn Nets Chant directly to learn the status of the ticket, and to find out whether you, or anyone else, are eligible to receive a refund or credit.<br />
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Ticket Selling and Posting for Sale<br />
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If you use the Advanced Services to sell a ticket, you will be the ticket’s seller; the Brooklyn Nets Chant and Ticketmaster will not be. The Brooklyn Nets Chant and Ticketmaster are only providing certain services that will facilitate your sale. You represent that your listing of tickets on the Exchange, TM+ or any other resale platform owned or controlled by Ticketmaster, complies with all applicable local, state and federal laws and regulations.<br />
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Before posting a ticket for sale via the Advanced Services, please consult the web site pages through which you will be posting your ticket for sale (as well as such web site’s FAQs and Help sections), which detail the prices at which you may post tickets for sale via the Advanced Services, the amounts that will be deducted, retained or charged from or over the sale price, the amounts that will be credited or remitted to you, the method by which you will receive such credit or remission and other terms applicable to the posting, sale and funds collection, retention, deduction and payment or crediting processes. Once a ticket has been ordered by a potential purchaser, you will not be able to modify or cancel your posting of that ticket, or to stop that ticket’s sale, even though title to that ticket may not pass to the purchaser until a later time as described below in the section marked “Title; Role of Brooklyn Nets Chant and Ticketmaster”. Ticketmaster or the Brooklyn Nets Chant will collect funds from the purchaser and the Brooklyn Nets Chant will transmit to you a credit or payment as described elsewhere in these Terms.<br />
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By posting a ticket using the Advanced Services, you authorize Ticketmaster and the Brooklyn Nets Chant, upon purchase of the ticket by another person through the Advanced Services, to cancel and invalidate your right to use or convey the ticket, and you acknowledge that the posted ticket will thereafter be invalid for entry to the applicable event by you or anyone other than the person who acquires that ticket via the Advanced Services (or any person lawfully receiving the ticket from such acquirer). The Brooklyn Nets Chant will be responsible for all payments and credits to you, you will solely hold the Brooklyn Nets Chant responsible for such payment or credit and neither Ticketmaster nor any other person or organization will be liable therefor.<br />
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Please note that not all members of the public may be able to purchase, or view listings for, tickets that you post for sale, as Brooklyn Nets Chant may require potential purchasers to pay a fee, be a season ticket holder, be on the waiting list to be a season ticket holder or comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. You will not be entitled to receive any part of any payment made in connection with having access to ticket listings or ticket purchase capabilities, or in connection with wait list or season ticket holder status.<br />
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You agree that you will not sell, convey, give away, forward, otherwise distribute, try to use or take any action that directly or indirectly allows to be cancelled or invalidated: (a) any ticket before or during any time that it is posted for sale on the Advanced Services, (b) any sold, forwarded or otherwise cancelled or invalidated tickets, or (c) any ticket that you have already sold, conveyed, forwarded or otherwise distributed to another.<br />
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If an event for which you sell a ticket via the Advanced Services is cancelled, then you will be obligated to return, within five days of notice by the Brooklyn Nets Chant, the difference between the amount of payments you collected in connection with such sale and the amount of money that the Brooklyn Nets Chant would have refunded to you had you still been the holder of (i.e., as if you had not yet sold) such ticket when the event was cancelled. In such a case, if you did not receive a payment from Brooklyn Nets Chant but instead received a credit, then the credit will be reduced so that it instead equals the amount of money that the Brooklyn Nets Chant would have refunded to you had you still been the holder of such ticket when the event was cancelled. If an event for which you sell a ticket via the Advanced Services is postponed and the purchaser of such ticket is given a refund of the amount that that purchaser has paid, then you will be obligated to return, within five days of notice by the Brooklyn Nets Chant, all of the payments you collected in connection with such sale, but the Brooklyn Nets Chant will return the ticket to you that you sold so that you can then use it to attend the event. In such a case, if you did not receive a payment from Brooklyn Nets Chant but instead received a credit, then the credit will be entirely reversed (so that you will no longer have a credit), but the Brooklyn Nets Chant will return the ticket to you that you sold so that you can then use it to attend the event. Any failure by you to pay any amounts owed under this paragraph within such five days will constitute a material breach of these Terms.<br />
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The following applies only to resale tickets to Illinois events: If you purchase resale tickets to an event located in Illinois, you will receive a refund of the amount you paid for that resale ticket if (a) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (b) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (c) that ticket fails to conform to its listing description, or (d) you failed to receive that ticket.<br />
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The following applies only to resale tickets to New York events: If you purchase a resale ticket to an event located in New York, you will receive a refund of the amount you paid for that resale ticket if: (a) the ticketed event is canceled (in which case you will not receive a refund of any order processing and delivery fees); (b) that ticket does not allow you to enter the ticketed event, unless the ticket is canceled due to an act or omission by you; or (c) that ticket fails to conform to its listing description unless you have pre-approved a substitution of tickets.<br />
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Ticket Purchasing; No Refunds or Exchanges; Payment Methods<br />
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The Advanced Services offer you the ability to purchase tickets from individuals and businesses that hold tickets purchased from the Brooklyn Nets Chant. These individuals and businesses are the sellers of the tickets, not the Brooklyn Nets Chant or Ticketmaster. Although Ticketmaster or the Brooklyn Nets Chant may process your payment, or be the name that you see on your credit card statement, neither Ticketmaster nor the Brooklyn Nets Chant is the seller of such a ticket. Please review the section of these Terms marked “Title; Role of Brooklyn Nets Chant and Ticketmaster.” Once you have made your election to purchase a ticket from a third party via the Advanced Services, the ticket that seller is holding will automatically be cancelled and invalidated, your credit card will be charged the ticket price and all applicable fees, and you will be issued a new ticket. If a ticket was purchased through TM+, the event was canceled and a refund is issued, we will issue a refund of the ticket price you paid through TM+ and the service fee (if any) you paid.<br />
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You are obligated to complete the transaction unless the transaction is prohibited by law or these Terms. Before instructing the Advanced Services to purchase a ticket, carefully review your selection. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law. Please check the purchase page to see which credit cards the Advanced Services accept for payment.<br />
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After you have purchased the tickets, they may be sent to you as an attachment to an e-mail sent to an e-mail address that you specify, through the use of Ticketmaster’s ticketFast® electronic delivery system. You will be responsible for printing out and using the tickets. Once you have instructed the Advanced Services to send a ticketFast ticket, you will not be able to recall it.<br />
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Please note that you may be required to pay a fee, to be a season ticket holder, to be on the waiting list to be a season ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. The Released Parties make no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a season ticket holder, are on the waiting list to be a season ticket holder or comply with registration or other requirements. Please see the applicable web site for further restrictions.<br />
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If an event for which you have purchased a ticket is cancelled or postponed, please review the Brooklyn Nets Chant web site to find out if you are eligible to receive a credit or a refund.<br />
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Add Credit; Add Concession Credit<br />
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The “Add Credit” (aka “Add Concession Credit”) Advanced Service allows a ticket forwarder or group manager to authorize one or more ticket recipients to charge food, drinks or other goods or services (“Concessions”) to such forwarder’s or group manager’s credit card by having the holder of the ticket have that ticket scanned by the vender of such Concessions. Add Concession Credit also allows a season ticket holder to retain for his own use the tickets to which he has added credit, so that the season ticket holder can charge Concessions to his own credit card by keeping the tickets to which he has added credit and then having them scanned by the vender of such Concessions. If you elect to add or forward credit, YOU AUTHORIZE PERSON(S) WHO POSSESSES THE ORIGINALS OR COPIES OF THE TICKETS that are distributed via ticket forwarding or group manager, or through any other means, to incur charges to your credit card ON YOUR BEHALF by having such ORIGINALS OR COPIES OF SUCH TICKETS SCANNED BY A VENDER AT OR NEAR THE EVENT, REGARDLESS OF WHETHER YOU HAVE ANY RELATIONSHIP WITH THE HOLDER OF SUCH ORIGINALS OR COPIES OR WHETHER SUCH PERSON(S) OBTAINED SUCH ORIGINALS OR COPIES FROM A SOURCE OTHER THAN THE ADVANCED SERVICES OR THE INTENDED RECIPIENT(S). THE AMOUNT AUTHORIZED TO BE CHARGED SHALL BE THE LESSER OF THE LIMIT THAT YOU SET THROUGH THE ADVANCED SERVICES OR YOUR CREDIT LIMIT. By using the “Add Credit” Advanced Services, you authorize Ticketmaster and the Brooklyn Nets Chant to forward your credit card and other information to each vender where such copies or originals of such tickets may be scanned so that such vender will be able to charge your credit card account if such an original or copy of the ticket is presented to be scanned. IF THE RECIPIENT LETS THE ORIGINALS OR COPIES OF TICKETS OUT OF HIS SIGHT, OR ALLOWS THEM TO BE COPIED OR USED, THEN THE CREDIT CARD HOLDER WILL BE RESPONSIBLE FOR ALL RESULTING CHARGES, WHETHER OR NOT CAUSED BY A THIRD PARTY.<br />
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Season, Package and Single Event Ticket Purchases; Suite Additionals; Rights of Refusal; Other Purchases and Services<br />
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The Advanced Services may be used in many cases to allow you to purchase or renew season tickets, register for season ticket waiting lists, to purchase rights of refusal for post season Brooklyn Nets Chant or other Game or event tickets, to purchase “suite additionals”, to purchase concessions or parking, to purchase ticket packages or single event tickets, to pay ticket or waiting list deposits, or to engage in other activities. If you elect to engage in any such transaction, then provisions additional to these Terms may apply. Please consult the Brooklyn Nets Chant for additional terms and requirements.<br />
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Disputes, Including Mandatory Arbitration and Class Action Waiver<br />
<br />
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:<br />
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You may assert claims in small claims court if your claims apply;<br />
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes; and<br />
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, and we both consent to the jurisdiction of those courts for such purposes.<br />
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.<br />
<br />
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.<br />
<br />
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Live Nation Entertainment, Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210, Attn: Legal. You may download the forms located at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.doc. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com/rules-clauses or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.<br />
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We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.<br />
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You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. However, if your dispute is regarding the re-sale of a ticket made through TicketExchange by Ticketmaster for any event located in Illinois, then these Terms will be governed and construed in accordance with the laws of Illinois, without regard to conflict or choice of law rules, and you consent to personal jurisdiction, and agree to bring all actions, exclusively in Chicago, Illinois. If you have an inquiry regarding a ticket re-sale transaction made through TicketExchange by Ticketmaster for any event located in Illinois, please contact us at 550 W. Van Buren Street, 13th Floor, Chicago, Illinois 60607 or (877) 446-9450 or ticketexchange@ticketmaster.com.<br />
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declineaccept<br />
Terms of UsePrivacy Policy© 2016 Ticketmaster. All rights reserved.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2494
My Legal Life
2016-02-20T02:22:37Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]<br />
<br />
November 22, 2015<br />
* [[GoDaddy]]<br />
* [[American Airlines]]<br />
<br />
December 23, 2015<br />
* [[English – Disney Terms of Use]]<br />
* [[Disney SUPPLEMENTAL WEBSITE TERMS AND CONDITIONS]]<br />
<br />
January 18, 2016<br />
* [[Disney Cruise Contract]]<br />
<br />
February 19, 2016<br />
* [[Ticketmaster]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Disney_Cruise_Contract&diff=2493
Disney Cruise Contract
2016-01-18T15:54:57Z
<p>Brianegge: Created page with "CRUISE CONTRACT Version #9 IMPORTANT NOTICE THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT, WHETHER OR NOT SIGNED BY GUEST OR GUEST'S RESPONSIBLE ADULT. IT IS I..."</p>
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<div>CRUISE CONTRACT<br />
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Version #9<br />
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IMPORTANT NOTICE<br />
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THIS CRUISE CONTRACT IS A LEGALLY BINDING CONTRACT, WHETHER OR NOT SIGNED BY GUEST OR GUEST'S RESPONSIBLE ADULT. IT IS ISSUED BY CARRIER BASED ON THE GUEST'S ACCEPTANCE, INDIVIDUALLY OR THROUGH GUEST'S RESPONSIBLE ADULT, ALWAYS SUBJECT TO THE TERMS AND CONDITIONS SET OUT THEREIN.<br />
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THE GUEST AND RESPONSIBLE ADULT SHOULD PAY SPECIAL ATTENTION TO CLAUSES 9 THROUGH 23 INCLUSIVE WHICH MAY LIMIT THE RIGHTS OF GUEST AND EXCULPATE FROM LIABILITY THE CARRIER, THE VESSEL AND ANY OF THEIR AGENTS, EMPLOYEES OR CONTRACTORS.<br />
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TERMS AND CONDITIONS OF CRUISE CONTRACT<br />
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For valuable consideration it is mutually agreed between Magical Cruise Company, Limited, doing business as Disney Cruise Line, and Guest as follows:<br />
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This Cruise Contract is issued by Magical Cruise Company, Limited.<br />
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Guest accepts this Cruise Contract subject to all the terms, conditions, limitations, exceptions and provisions contained herein and the same constitutes a Contract of Carriage.<br />
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The use of the masculine herein shall be deemed to include the feminine and the use of the singular shall be deemed to include the plural where the context would so require.<br />
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The Cruise Contract shall be deemed to be an undertaking and acknowledgement by Guest, on behalf of himself <br />
and all other persons traveling under this Cruise Contract, and his and their heirs and representatives, that he and they accept and agree to all the terms and conditions herein.<br />
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(a) The word "Guest" means all passengers (adult, minor or incompetent person) traveling under this Cruise Contract and each such passengers heirs and representatives, including a Responsible Adult.<br />
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(b) The word "Carrier" means Magical Cruise Company, Limited, doing business as Disney Cruise Line, and the Vessel itself (or a substitute vessel).<br />
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(c) The word "Vessel" means a ship chartered, operated, or provided by the Carrier on which the Guest is to or may be traveling or, as the case may be, against which the Guest may have a claim.<br />
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(d) The word "Master" means the Captain or his delegated subordinate on any vessel provided by Carrier on which the Guest may be traveling.<br />
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(e) The term "property" as used hereafter means such belongings, effects and possessions, including baggage, as the Guest may bring aboard the Vessel or acquired during the voyage, irrespective of whether the property is placed in the Guest's stateroom or worn by the Guest, or, stored in the Vessel's baggage room, holds or safe against receipt therefor at the request of the Guest.<br />
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(f) The term "baggage" means the luggage, bag(s) or suitcase(s) in or by which the Guest contains and transports that property not worn on the person on to and off of the Vessel.<br />
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(g) The term Responsible Adult means the parent or guardian of a minor child under the age of 18, any adult over the age of 18 who is authorized by the parent or guardian to have the care, custody and control of the parent or guardians minor child under the age of 18, or the guardian or other legal representative of a person that is not competent to contract. A Responsible Adult enters into this Cruise Contract individually and on behalf of the Responsible Adults minor child or ward.<br />
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This Cruise Contract is valid only for the Guest named hereon for the voyage indicated and is not transferable or assignable without the Carrier's written consent. Passage money and charges prepaid shall be deemed fully earned when paid and shall not be refunded in whole or in part under any circumstances whatsoever except in compliance with that section of the Carrier's brochure entitled "Cancellations/Refunds" applicable to the voyage for which passage is arranged under this Cruise Contract.<br />
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Any minor Guest under age 18 and persons not competent to contract must be identified to the Carrier at the time of booking and must be accompanied on the cruise by a Responsible Adult. This Cruise Contract constitutes a binding contract between the Carrier and the Responsible Adult, who contracts as an individual and on behalf of the minor Guest or other person not competent to contract.<br />
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Any person signing this Cruise Contract as a Responsible Adult, and each minor Guest, whether or not such minor and adult are jointly identified on their Cruise Contract(s), shall be jointly and severally responsible for the conduct and behavior of the minor Guest and the person signing shall be deemed to be the guardian of such minor Guest for all legal purposes.<br />
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IN THE EVENT THE GUEST IS ABLE TO STATE A CAUSE OF ACTION UNDER THE LAW GOVERNING ANY CLAIM WHICH MAY BE ASSERTED AGAINST THE CARRIER AND/OR THE VESSEL FOR NEGLIGENCE OR INTENTIONAL TORT OR BOTH, THE CARRIER AND THE VESSEL SHALL NOT BE LIABLE FOR EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY OF THE GUEST, OF ANY KIND UNDER ANY CIRCUMSTANCES, UNLESS SUCH EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY WAS--<br />
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(a)THE RESULT OF PHYSICAL INJURY TO THE GUEST CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL;<br />
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(b) THE RESULT OF THE GUEST HAVING BEEN AT ACTUAL RISK OF PHYSICAL INJURY, AND SUCH RISK WAS CAUSED BY THE NEGLIGENCE OR FAULT OF A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL; OR<br />
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(c) INTENTIONALLY INFLICTED BY A CREWMEMBER OR THE MANAGER, AGENT, MASTER, OWNER, OR OPERATOR OF THE VESSEL.<br />
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NO SUIT SHALL BE MAINTAINABLE AGAINST CARRIER OR THE VESSEL FOR DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST, UNLESS WRITTEN NOTICE OF THE CLAIM WITH FULL PARTICULARS BE DELIVERED TO THE CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN SIX (6) MONTHS FROM THE DAY THAT THE EVENT THAT CAUSED SUCH DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER OR THE VESSEL WITH RESPECT TO DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH BE MAINTAINABLE, UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DAY THAT THE EVENT THAT CAUSED THE DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY OR DEATH OF THE GUEST OCCURRED, AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.<br />
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NO SUIT SHALL BE MAINTAINABLE AGAINST THE CARRIER OR THE VESSEL UPON ANY CLAIM RELATING TO LOSS OF OR DAMAGE TO ANY PROPERTY UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO THE CARRIER AT ITS OFFICE AT THE ADDRESS SET FORTH HEREIN WITHIN THIRTY (30) DAYS AFTER TERMINA¬TION OF THE VOYAGE TO WHICH THIS CRUISE CONTRACT RELATES; AND IN NO EVENT SHALL ANY SUIT FOR ANY CAUSE AGAINST THE CARRIER OR THE VESSEL WITH RESPECT TO LOSS OF OR DAMAGE TO PROPERTY BE MAINTAINABLE UNLESS SUIT SHALL BE COMMENCED (FILED) WITHIN ONE (1) YEAR AFTER THE TERMINATION OF THE VOYAGE AND PROCESS SERVED WITHIN ONE HUNDRED TWENTY (120) DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY, POSSESSION OR COUNTRY TO THE CONTRARY.<br />
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IT IS AGREED BY AND BETWEEN GUEST AND CARRIER THAT ALL CLAIMS, DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, ARISING OUT OF, OR RELATING TO THIS CRUISE CONTRACT SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE ANY COURT OF COMPETENT JURISDICTION LOCATED IN BREVARD COUNTY, FLORIDA, U.S.A., OR THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION, TO THE EXCLUSION OF COURTS LOCATED IN ANY OTHER COUNTY, DISTRICT, STATE, COUNTRY, TERRITORY OR POSSESSION. THIS CRUISE CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUESTS OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IN THE EVENT OF AN IN REM PROCEEDING AGAINST THE VESSEL, GUEST HEREBY IRREVOCABLY AGREES THAT THE POSTING OF A LETTER OF UNDERTAKING FROM ANY OF CARRIER'S INSURERS SHALL CONSTITUTE AN ADEQUATE AND APPROPRIATE FORM OF SECURITY FOR THE IMMEDIATE RELEASE OF THE VESSEL IN LIEU OF ARREST.<br />
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ON CRUISES WHICH DO NOT EMBARK, DISEMBARK OR CALL AT ANY UNITED STATES PORT AND DO NOT EMBARK OR DISEMBARK AT ANY EUROPEAN UNION MEMBER STATE PORT, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1974, AS WELL AS THE PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA OF 1976, (ATHENS CONVENTION) WHICH LIMITS CARRIERS LIABILITY FOR DEATH OR PERSONAL INJURY OF A PASSENGER TO NO MORE THAN 46,666 SPECIAL DRAWING RIGHTS (SDR) AND LIMITS THE CARRIERS LIABILITY FOR A PASSENGERS LUGGAGE OR OTHER PROPERTY TO 833 SDR PER PASSENGER. AS OF OCTOBER 2014 THE VALUE OF 46,666 SDR WAS APPROXIMATELY U.S.D. $69,350 AND THE VALUE OF 833 SDR WAS APPROXIMATELY U.S.D. $1,250. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx<br />
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ON CRUISES WHICH ARE BOOKED BY A PASSENGER IN A EUROPEAN UNION MEMBER STATE, OR WHICH EMBARK OR DISEMBARK IN A PORT LOCATED IN A EUROPEAN UNION MEMBER STATE, THE CARRIER SHALL BE ENTITLED TO THE BENEFIT OF ANY AND ALL RESTRICTIONS, EXEMPTIONS, IMMUNITIES, AND LIMITATIONS OF LIABILITY SET FORTH IN EUROPEAN UNION REGULATION 392/2009 ON THE LIABILITY OF CARRIERS TO PASSENGERS IN THE EVENT OF ACCIDENTS (EU REGULATION 392/2009). EU REGULATION 392/2009 LIMITS CARRIERS LIABILITY AS FOLLOWS: (A) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A SHIPPING INCIDENT, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 250,000 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $371,450) IN ANY EVENT, WITH THE EXCEPTION OF CIRCUMSTANCES BEYOND CARRIERS CONTROL (I.E., ACT OF WAR, NATURAL DISASTER, ACT OF A THIRD PARTY); HOWEVER, COMPENSATION PAID BY THE CARRIER CAN GO UP TO 400,000 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $594,300) UNLESS CARRIER PROVES THAT THE INCIDENT OCCURRED WITHOUT ITS FAULT OR NEGLECT; (B) FOR DEATH OR PERSONAL INJURY OF A PASSENGER CAUSED BY A NON "SHIPPING INCIDENT", A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 400,000 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $594,300), IF THE PASSENGER PROVES THAT THE INCIDENT WAS THE RESULT OF CARRIERS FAULT OR NEGLECT; (C) FOR A PASSENGERS LUGGAGE OR OTHER PROPERTY, A PASSENGER HAS A RIGHT TO COMPENSATION FROM CARRIER OF UP TO 2250 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $3,350) PER PASSENGER; AND, (D) THE CARRIERS INSURANCE PROVIDER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SUMS IN EXCESS OF 250,000 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $371,450) IN RESPECT OF DEATH AND/OR PERSONAL INJURY; THERE ARE LIMITED CIRCUMSTANCES IN WHICH THE CARRIERS INSURANCE PROVIDER IS NOT REQUIRED TO MAKE A PAYMENT. THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx THE TERM SHIPPING INCIDENT IS DEFINED IN EU REGULATION 392/2009 AS FOLLOWS: SHIPPING INCIDENT FOR THE PURPOSES OF THIS REGULATION INCLUDE: SHIPWRECK, CAPSIZING, COLLISION OR STRANDING OF THE SHIP, EXPLOSION OR FIRE IN THE SHIP OR DEFECT IN THE SHIP.<br />
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AS TO ALL OTHER CRUISES NOT DESCRIBED ABOVE IN THIS CLAUSE 13, ALL THE RESTRICTIONS, EXEMPTIONS FROM, AND LIMITATIONS OF LIABILITY PROVIDED IN, OR AUTHORIZED BY THE LAWS OF THE UNITED STATES SHALL APPLY, INCLUDING BUT NOT LIMITED TO, TITLE 46 OF THE UNITED STATES CODE §§ 30501 THROUGH 30509, AND 30511. EXCEPT AS OTHERWISE SET FORTH, THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE GENERAL MARITIME LAW OF THE UNITED STATES OF AMERICA.<br />
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THE REQUIREMENTS AND EFFECTS OF CLAUSES 9, 10, 11, 12, AND 13 CANNOT BE WAIVED BY AN AGENT OR EMPLOYEE OF THE CARRIER OR ITS INSURER; THEY MAY BE WAIVED ONLY BY EXPRESS WRITTEN AGREEMENT OF A DIRECTOR OF THE CARRIER HAVING ACTUAL AUTHORITY IN THE PREMISES.<br />
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THE GUEST AGREES THAT ALL PROTECTIONS, BENEFITS, DEFENSES, AND EXCLUSIONS FROM AND LIMITATIONS OF LIABILITY IN FAVOR OF CARRIER SET FORTH IN THIS CRUISE CONTRACT SHALL ALSO EXTEND FULLY TO AND BE FOR THE BENEFIT OF ALL CARRIERS SUBSIDARIES, AFFILIATED OR RELATED COMPANIES, (INCLUDING BUT NOT LIMITED TO, DISNEY CRUISE VACATIONS, DCL PORT FACILITIES CORPORATION, DCL ISLAND DEVELOPMENT, LTD., WALT DISNEY PARKS AND RESORTS U.S., INC., ABD, LLC, ADVENTURES BY DISNEY TRAVEL SERVICES, INC., THE CARRIERS PARENT COMPANY, THE VESSEL OWNER, LESSOR(S), SUB-LESSOR(S), CHARTERER(S), BARE BOAT CHARTERER(S), OTHER CHARTERER(S), OPERATOR, AGENTS, MANAGER, ALL OF WHICH SHALL BE COLLECTIVELY REFERRED TO AS THE CARRIERS AFFILIATES), AND EACH AND EVERY ONE OF THE CARRIER'S CONTRACTORS AND SUPPLIERS OF GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO CATERERS, CONCESSIONAIRES, MEDICAL STAFF, ALL SHORE EXCURSION AND/OR TOUR OPERATORS, INDEPENDENT CONTRACTORS, AS WELL AS DESIGNERS, INSTALLERS, AND MANUFACTURERS OF THE VESSEL OR ANY COMPONENT PARTS THEREOF, AND TO ALL OF THEIR RESPECTIVE AGENTS, SERVANTS AND EMPLOYEES, ALL OF WHICH SHALL BE COLLECTIVELY REFERRED TO AS THE "CARRIERS SUPPLIERS".<br />
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CARRIER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OF OR DAMAGE TO GUEST'S PROPERTY, UNLESS GUEST PROVES SUCH LOSS OR DAMAGE WAS PROXIMATELY CAUSED BY NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT. CARRIER'S LIABILITY FOR LOSS OF OR DAMAGE TO PROPERTY OF ANY GUEST IS LIMITED TO THE AMOUNT OF $300 PER GUEST PER VOYAGE, UNLESS GUEST BEFORE EMBARKATION DECLARES THE TRUE VALUE OF THE PROPERTY IN WRITING AND PAYS CARRIER 5% OF THE TRUE VALUE DECLARED IN EXCESS OF $300. LIABILITY WILL IN THIS EVENT BE LIMITED TO THE TRUE VALUE DECLARED, BUT IN NO EVENT AND UNDER NO CIRCUMSTANCE WILL CARRIER'S LIABILITY FOR THE TRUE DECLARED VALUE EXCEED $5,000.<br />
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THE CARRIER SHALL IN NO EVENT BE LIABLE FOR THE LOSS OF OR DAMAGE TO CASH, NEGOTIABLE SECURITIES OR OTHER FINANCIAL INSTRUMENTS, GOLD, SILVERWARE, JEWELRY, ORNAMENTS, WORKS OF ART, PHOTOGRAPHIC/VIDEO/AUDIO EQUIPMENT OR SUPPLIES, LAPTOP COMPUTERS, CELLULAR PHONES OR OTHER VALUABLES UNLESS THE SAME HAVE BEEN DEPOSITED WITH THE MASTER OR OTHER DESIGNATED REPRESENTATIVE AGAINST RECEIPT FOR THE AGREED PURPOSE OF SAFEKEEPING. IN THE EVENT OF SUCH DEPOSIT, THE CARRIER'S LIABILITY FOR LOSS OR DAMAGE THEREOF SHALL BE CONTROLLED BY THE PROVISIONS OF CLAUSE 16, EXCEPT THAT UNDER THE ATHENS CONVENTION CARRIERS LIABILITY WILL NOT EXCEED 1200 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $1,800), AND UNDER EU REGULATION 392/2009 CARRIERS LIABILITY WILL NOT EXCEED 3375 SDR (AS OF OCTOBER 2014 APPROXIMATELY U.S.D. $5,000). THE VALUE OF THE SDR FLUCTUATES DEPENDING ON DAILY EXCHANGE RATE WHICH CAN BE FOUND IN THE WALL STREET JOURNAL AND ON THE INTERNET AT http://www.imf.org/external/np/fin/data/rms_sdrv.aspx <br />
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THE CARRIER DOES NOT EXPRESSLY OR IMPLIEDLY WARRANT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO, (a) THE FITNESS, CONDITION OR SEAWORTHINESS OF THE VESSEL AND (b) THE FITNESS, CONDITION OR MERCHANTABILITY OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL. THE CARRIER SHALL NOT BE STRICTLY LIABLE IN TORT FOR ANY DEFECT, LACK OF FITNESS, IMPURITY OR CONTAMINATION OF ANY FOOD OR DRINK PROVIDED ON BOARD THE VESSEL.<br />
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THE CARRIER AND THE VESSEL SHALL NOT BE LIABLE FOR ANY DELAY, DETENTION, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING, PSYCHOLOGICAL INJURY, DEATH, DAMAGE, DELAY, LOSS OR DETRIMENT CAUSED BY ACT OF GOD, WAR OR WARLIKE OPERATIONS, CIVIL COMMOTIONS, LABOR TROUBLE, INTERFERENCE BY AUTHORITIES, PERILS OF THE SEA, DELAYS IN CONSTRUCTION, MAINTENANCE OR REPAIR OF THE VESSEL OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE CARRIER, FIRE, THEFTS OR ANY OTHER CRIME, ERRORS IN THE NAVIGATION OR MANAGEMENT OF THE VESSEL OR DEFECT IN OR UNSEAWORTHINESS OF HULL, MACHINERY, APPURTENANCES, EQUIPMENT, FURNISHINGS OR SUPPLIES OF THE VESSEL, FAULT OR NEGLECT OF PILOTS, TUGS, AGENTS, INDEPENDENT CONTRACTORS, GUESTS OR OTHER PERSONS ON BOARD NOT IN THE CARRIER'S EMPLOY OR FOR ANY OTHER CAUSE WHATSOEVER EXCEPT THE NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT.<br />
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NOTWITHSTANDING THE FOREGOING, THE CARRIER SHALL IN NO EVENT BE LIABLE TO THE GUEST IN RESPECT OF ANY OCCURRENCE ASHORE, PRIOR TO EMBARKING OR AFTER DISEMBARKING THE VESSEL, EXCEPT FOR NEGLIGENCE OF THE CARRIER OR ITS EMPLOYEES ACTING WITHIN THE COURSE AND SCOPE OF EMPLOYMENT DURING TRANSPORTATION BY WATER TO OR FROM THE VESSEL WHICH IS CARRIED OUT BY MEANS OF A CONVEYANCE PROVIDED BY THE CARRIER. <br />
<br />
ALL ARRANGEMENTS MADE FOR OR BY GUESTS FOR (a) TRANSPORTATION OR TRAVEL (BY AIR, WATER OR ON THE GROUND), (b) SHORE EXCURSIONS AND ACTIVITIES, (c) TOURS, (d) THEME PARKS, (e) HOTELS, (f) RESTAURANTS, OR (g) OTHER SIMILAR ACTIVITIES OR SERVICES, ARE MADE SOLELY FOR GUESTS CONVENIENCE AND ARE AT GUESTS RISK. THE PROVIDERS OF SUCH SERVICES ARE INDEPENDENT CONTRACTORS AND ARE NOT ACTING AS AGENTS OR REPRESENTATIVES OF THE CARRIER. THE IDENTITY OF THE INDEPENDENT CONTRACTORS ARE AVAILABLE UPON REQUEST FROM THE SHORE EXCURSION MANAGER. THE CARRIER DOES NOT OWN OR CONTROL ANY SUCH INDEPENDENT CONTRACTORS, MAKES NO REPRESENTATION OF ANY KIND AS TO THEIR PERFORMANCE AND DOES NOT UNDERTAKE TO SUPERVISE THEIR ACTIVITIES, EVEN THOUGH CARRIER MAY COLLECT A FEE AND EARN A PROFIT FROM ARRANGING FOR OR TICKETING AND SALE OF SUCH SERVICES. THE CARRIER DOES NOT MAINTAIN THE INDEPENDENT CONTRACTOR OR THIRD PARTYS CONVEYANCES, FACILITIES OR INSTRUMENTALITIES AND DOES NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THEIR SAFETY OR SUITABILITY. ANY GUEST USING SUCH SERVICES OR ACTIVITIES SHALL BE DEEMED TO AGREE AND CONSENT THAT ANY LIABILITY FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY TO THE GUEST OR LOSS OF OR DAMAGE TO PROPERTY SHALL BE THE SOLE RESPONSIBILITY OF THE PROVIDER OF SUCH SERVICE OR ACTIVITY. GUEST FURTHER AGREES TO RELEASE AND HOLD CARRIER, CARRIERS AFFILIATES AND CARRIERS SUPPLIERS HARMLESS FOR ANY SUCH INJURIES, DAMAGES OR CLAIMS RESULTING FROM THE USE OF ANY SUCH SERVICES OR ACTIVITIES. GUEST AGREES THE CARRIER, CARRIERS AFFILIATES AND CARRIERS SUPPLIERS SHALL NOT BE OR BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY ACT OR OMISSION OF ANY SUCH PROVIDER PERTAINING TO, OR ARISING FROM OR IN CONNECTION WITH SUCH SERVICES OR ACTIVITIES. GUEST FURTHER ACKNOWLEDGES THAT ALTHOUGH ON OCCASION, CARRIERS EMPLOYEES AND/OR THE INDEPENDENT CONTRACTORS MAY MAKE APPEARANCES AND PARTICIPATE IN ACTIVITIES OR SERVICES AND MAY USE SIGNAGE OR CLOTHING WHICH IDENTIFIES THE CARRIER OR USE OTHER RELATED TRADE NAMES OR LOGOS OF THE CARRIER OR CARRIERS AFFILIATES, THE STATUS OF THE PROVIDERS OF SUCH SERVICES ARE AND REMAIN UNCHANGED AS INDEPENDENT CONTRACTORS. NOTHING IN THIS CRUISE CONTRACT SHALL BE CONSTRUED AS CREATING A RELATIONSHIP BETWEEN THE PROVIDER OF SUCH SERVICES AND THE CARRIER, OR CARRIERS AFFILIATES, AS THAT OF PARTNERS, EMPLOYER AND EMPLOYEE, FRANCHISOR AND FRANCHISEE, MASTER AND SERVANT, PRINCIPAL AND AGENT, OR JOINT VENTURERS.<br />
<br />
THE GUEST RECOGNIZES AND ACCEPTS THAT THE CARRIER IS NOT IN THE BUSINESS OF PROVIDING MEDICAL SERVICES AND/OR OPERATING MEDICAL FACILITIES. ANY MEDICAL PERSONNEL ON BOARD THE VESSEL ARE PROVIDED AS INDEPENDENT CONTRACTORS SOLELY FOR THE CONVENIENCE OF THE GUEST AND THEY ARE NOT SERVANTS, AGENTS, OR REPRESENTATIVES OF CARRIER. THE CARRIER DOES NOT CONTROL THE MEDICAL SERVICES AND DOES NOT UNDERTAKE TO SUPERVISE ANY CARE OR TREATMENT PROVIDED BY MEDICAL PROFESSIONALS ABOARD ITS SHIP. ALTHOUGH CARRIER SHALL BE ENTITLED TO CHARGE A FEE FOR ARRANGING SUCH SERVICES, ALL SUCH PERSONS OR ENTITIES PROVIDING MEDICAL SERVICES SHALL BE DEEMED INDEPENDENT CONTRACTORS AND NOT ACTING AS AGENTS OR REPRESENTATIVES OF CARRIER. CARRIER SHALL NOT BE LIABLE FOR ANY DEATH, PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, MENTAL SUFFERING OR PSYCHOLOGICAL INJURY CAUSED BY REASON OF ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE PROVIDED BY SUCH MEDICAL PERSONNEL, OR, BY THE FAILURE OF SUCH MEDICAL PERSONNEL TO PROVIDE ANY TREATMENT, DIAGNOSIS, ADVICE, EXAMINATION, PRESCRIPTION OR OTHER SERVICE.<br />
<br />
GUEST AGREES THAT ALL CONCESSIONAIRES AND THEIR EMPLOYEES, INCLUDING BUT NOT LIMITED TO JEWELRY, SPA, MASSAGE, HAIR STYLING, MANICURES, PHOTOGRAPHY, INTERNET ACCESS, WIRELESS ACCESS, ART AUCTIONS OR INSTRUCTIONAL CONCESSIONS ABOARD THE VESSEL, ARE INDEPENDENT CONTRACTORS AND WORK DIRECTLY FOR THE GUEST WHEN PERFORMING THEIR SERVICES. THE CARRIER IS NOT RESPONSIBLE FOR ANY SUCH PERSON'S ACTS OR OMISSIONS IN PROVIDING GOODS OR SERVICES TO THE GUEST.<br />
<br />
This Clause 24 relates only to cruises where Guests embark the ship in a European Union member state port where EU Regulation 1177/2010 with respect to rights of passengers when traveling by sea applies. At the time of booking, Guests must notify Carrier in writing if they are a Disabled Person or Person with Reduced Mobility that may require special arrangements, medical equipment and/or supplies, or care or assistance at the terminal of embarkation or disembarkation, during embarkation or disembarkation or during the cruise; of any specific needs with regard to accommodation, seating or services required; and, whether they need to bring any specific medical equipment or assistance dogs onboard. If a Guests circumstances change between the date of booking and the cruise, the Guest must inform Carrier as soon as possible and advise of the need of any special arrangements including medical equipment. Carrier will refuse boarding to Guests who cannot be carried safely and in accordance with all applicable safety requirements established by International, EU or National Law or where embarkation, disembarkation and/or carriage of the Guest cannot be carried out in a safe manner. Carrier can refuse to accept a booking or subsequently embark any Guest on the grounds of safety, taking into account among other things the ISM Code for the Safe Operation of Ships and/or SOLAS relating to the Safety of Life at Sea. It is important that the fullest information is provided at the time of booking. Disabled Person or Person with Reduced Mobility under this Regulation means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers. <br />
<br />
<br />
Where necessary in order to comply with applicable safety requirements, Carrier may require a Disabled Person or Person with Reduced Mobility to be accompanied by another person who is fit and able to assist them in day to day activities. This requirement may vary from ship to ship and itinerary to itinerary. Guests who may fall into this category may include those who require assistance with personal care including feeding. All personal care or supervision must be arranged by you at your expense. Carrier is unable to provide respite care, one-to-one personal care or supervision or any other form of specialized care for Guests. <br />
<br />
<br />
You must inform Carrier prior to sailing of any medical equipment which you wish to bring onboard so that Carrier can determine if the equipment can be carried safely onboard. The ship cannot carry liquid oxygen or refill or supply oxygen cylinders. Failure to notify Carrier of such equipment may result in that equipment not being allowed onboard the ship and consequently may affect your ability to participate in the cruise. No more than two pieces of such medical equipment are allowed per stateroom and the value of such equipment must not exceed $5,000 per stateroom in total, unless agreed otherwise in writing by Carrier. In the event that any such equipment is lost or damaged by the negligence of Carrier and/or its servants or agents, then Carrier will replace or repair such equipment at its option.<br />
<br />
<br />
Guests must make complaints relating to EU Regulation 1177/2010 concerning the rights of passengers when travelling by sea to the Carrier within 2 months from the date of service. Within 1 month after receipt of the complaint the Carrier will respond informing the Guest whether the complaint has been substantiated, rejected or is still being considered. The Carrier will provide a final response to the complaint no later than 2 months after the receipt of the complaint.<br />
<br />
The Carrier and the Master each reserves the right, without liability whatsoever, to refuse passage, disembark, quarantine, deny service of alcohol to, restrain or confine to a stateroom or any other area any Guest whose physical or mental condition, or behavior, or the physical or mental condition or behavior of any person in the care of Guest, is considered in the sole opinion of the Master and/or the ships physician to constitute a risk to the Guests own well-being or that of any other Guest, crew member or person, or to the safety of the Vessel. Carrier may refuse to transport or may disembark at any port any Guest with a criminal background or any Guest who may be suffering from contagious or infectious disease, ill health or whose presence in the opinion of the Master may be detrimental to the comfort or safety of any other Guest, crew member or person, or who, in the Master's opinion, might be excluded from landing at destination by Immigration or other Governmental Authorities. No solicitation of goods and services of any kind is allowed on any Vessel. If any Guest is detained on board or elsewhere at any stage or at destination because of quarantine, port regulations, prevailing applicable law, illness or other cause, all expenses incurred in connection with such detention shall be for Guest's account. Any Guest carried beyond destination for any reason without fault of the Carrier shall pay for any additional maintenance or extra transportation. In any and all cases described in this clause, the Guest shall not be entitled to any refund of fare, credit or compensation whatsoever.<br />
<br />
Each Guest and the person signing as the Responsible Adult (in the event a Guest is a minor or other person incompetent to contract) shall be liable jointly and severally to the Carrier and shall reimburse the Carrier for all loss, damage or cost sustained by the Carrier caused directly or indirectly, in whole or in part, by reason of any act or omission of the Guest. The Responsible Adult shall also pay to Carrier the prevailing costs and fees imposed by Carrier relating to the Responsible Adults failure to adequately supervise, control or care for the Responsible Adults minor child or ward. Further, the Guest and person signing as the Responsible Adult shall defend, indemnify and hold harmless the Carrier from and against any liability (including reasonable legal fees) Carrier may incur to any person or entity (private or governmental) for any death, injury, damage, fine or penalty arising directly or indirectly, in whole or in part, by reason of any act or omission of the Guest or the Guests minor child or ward.<br />
<br />
If available on your Vessel, each Guest will have the opportunity to use Onboard Chat, a text messaging feature in the Disney Cruise Line Navigator mobile application (the Mobile App). The primary Guest on each reservation has the ability to allow children under 13 years of age in the primary Guests stateroom to use Onboard Chat by providing the Activation PIN to such children to enable access. Children under 13 in your stateroom will not have access to Onboard Chat unless you, the primary Guest, provide them with the Activation PIN. You may withdraw your consent at any time through the childs contact details page in the Onboard Chat section of the Mobile App, even if you have already provided a child with the Activation PIN. You understand and agree that, by providing such Activation PIN to a child under 13, you are giving the child permission to send and receive Onboard Chat messages with other Guests within the DCL-GUEST on-ship network. While children will only need to disclose their assigned Onboard Chat number and Onboard Chat name to other Guests in order to send and receive Onboard Chats with those Guests, it is possible that children may reveal personal information about themselves in the Onboard Chat messages. Because Onboard Chat will enable children to freely chat with other Guests, we encourage you to monitor and supervise children's Onboard Chat conversations. You may, for example, want to set rules for children about whom they can connect with, what general discussion topics are allowed, and what personal information, if any, is appropriate to share. For more information about our privacy practices, you may view our privacy policy at disneyprivacycenter.com.<br />
<br />
The Guest or Responsible Adult, as the case may be, represents and warrants that the Guest is fit to travel and that the undertaking of this cruise, with any and all of its attendant activities, will not endanger the Guest or others. Guest and Responsible Adult authorize Carrier and its employees, agents and representatives to provide and\or procure emergency or urgent medical care or attention for Guest or Guests minor child or ward, and Guest or Responsible Adult (on behalf of Guests minor child or ward) hereby releases Carrier and its employees, agents and representatives from any and all liability whatsoever relating to the provision or procurement of such medical care. Guest agrees not to present herself for boarding under any circumstances if she will have entered the 24th week of pregnancy as of her embarkation date or will enter her 24th week of pregnancy during the voyage. Infants under 12 weeks old are not allowed to travel aboard any Vessel. For reservations made after July 17, 2014, on sailings commencing in 2015 and beyond, the minimum age to sail aboard any Vessel is 6 months of age on most itineraries, and the minimum age for Transatlantic, Hawaii, and Panama Canal itineraries is 1 year of age.<br />
<br />
All passports, visas and other travel documents required for embarkation and disembarkation and at all ports of call are the responsibility of Guests. Guests must take proper steps (including provision of all necessary documents) as may be required to enable Guests to land at any port of call and generally to comply with the laws of the country in which each such port is situated. The Carrier shall not in any circumstances whatsoever be liable for the consequence of any insufficiency or irregularity in such documents or the non¬compliance by the Guest with such laws; notwithstanding that such documents are produced to the Carrier by the Guest or that information or advice as to said laws is given by the Carrier to the Guest.<br />
<br />
Carrier may substitute another vessel for the one named herein, whether owned by the Carrier or not, at the port of embarkation or at any other place. The Vessel, either before or after proceeding toward the port of destination and though not required by any maritime necessity, may remain in port, proceed by any route and deviate from or change the advertised or intended route at any stage of the voyage and may proceed to and stay at any places whatsoever, although in a contrary direction to or outside of or beyond the usual route, once or more often, in any order, for loading or discharging fuel, stores, laborers, stowaways, Guests, or members of the Vessel's company, for this or any prior or subsequent voyage and/or for any purpose whatsoever that the Carrier or Master may deem advisable. Any such procedure or occurrence shall be considered not to be a deviation but within the voyage herein intended as fully as if specifically described herein. The above-mentioned provisions are not to be considered as restricted by any words of this Cruise Contract whether written, stamped or printed.<br />
<br />
The Vessel may sail without pilots, tow or be towed, and assist vessels in all situations and deviate for the purposes of saving life or property without any liability whatsoever to Guest.<br />
<br />
If the performance of the proposed voyage is hindered or prevented (or in the opinion of the Carrier or the Master, is likely to be hindered or prevented) by war, hostilities, blockage, labor conflicts, weather, surf, shallow waters, insurrections, disturbances (on board or ashore), restraint of any Governmental Authority, congestion, breakdown of the Vessel (except as provided in the Passenger Bill of Right published by the Carrier), docking difficulties or any other cause whatsoever, or if the Carrier or the Master in their sole discretion consider that for any reason whatsoever, beyond the control of the Carrier, proceeding to, attempting to enter, or entering or remaining at any port may expose the Vessel or persons to risk of harm, loss or damage or be likely to delay the Vessel, the Guest and his property may be landed at the port of embarkation or at any port or place at which the Vessel may call; and in that event, the responsibility of the Carrier shall cease and this Cruise Contract shall be deemed to have been fully performed, or if the Guest has not embarked, the Carrier may cancel the proposed voyage without liability except to refund money or fares paid. To the extent that any provision of this Clause 31 or of this Cruise Contract conflicts with the provisions of the Passenger Bill of Rights as published by Carrier, then the provisions of the Passenger Bill of Rights shall control.<br />
<br />
Each Guest is allowed to bring aboard the Vessel a reasonable amount of clothing and personal effects, not to exceed two (2) bags per person. Every piece of baggage must be distinctly labeled with the Guest's name, Vessel's name, stateroom number and sailing date.<br />
<br />
Except in the sole discretion of the Carrier, no pets or other animals are allowed on board the Vessel. Guest may not possess firearms, explosives, flammable materials, other hazardous goods or non-prescription controlled substances. Such shall be surrendered to the Master at embarkation. In any circumstances and in the Master's sole discretion, any item deemed inappropriate may be refused on board the Vessel or confiscated, destroyed or surrendered to authorities. Guest shall have no claim for loss, damage or inconvenience thereby incurred.<br />
<br />
No Guest will be liable to pay, nor entitled to receive, any general average contribution in respect of any property taken with them on the Vessel.<br />
<br />
In addition to the exclusions from and limitations of the Carrier's liabilities contained in this Cruise Contract, Carrier shall have the full right to invoke any applicable laws or statutes of any country providing for exoneration from or limitation of liability; and nothing contained in this Cruise Contract shall be construed or otherwise operate to limit or deprive Carrier of any such exoneration from or limitation of liability, or the benefits of any statute or law of any country which might be applicable providing for exoneration from or limitation of liability, including, but not limited to, the provisions of the Athens Convention and EU Regulation 392/2009, and all such rights and benefits are hereby expressly reserved.<br />
<br />
The Guest, in the interests of international security and safety at sea and in the interests of the convenience of others, agrees and hereby consents to a reasonable search being made of the Guest's person, property, and stateroom and to the removal and confiscation or destruction of any object which may, in the opinion of the Carrier or the Master, impair safety, inconvenience others or violate Carrier rules and regulations.<br />
<br />
Guest or Responsible Adult (on behalf of Responsible Adult's minor child or ward) hereby grants to Carrier, and any other person or entity that Carrier may authorize, the right to photograph, film and/or record Guest and/or Responsible Adult's minor child or ward, and furthermore, Guest and Responsible Adult (on behalf of Responsible Adult's minor child or ward) hereby grant to Carrier and Carrier's Affiliates and their respective successors, licensees and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest's and/or Responsible Adult's minor child's or ward's likeness, voice and sound, as the case may be, in all media and in all forms, including, without limitation, advertising, promotional materials, publicity, digitized images, broadcasts, videos, films, commercials, and merchandise without further compensation or any limitation whatsoever, and all rights, title, interest in copyrights therein shall be Carrier's sole property, free from all claims by Guest (or Responsible Adult's minor child or ward) or any person deriving any rights or interests from Guest or Responsible Adult's minor child or ward. In addition, Guest or Responsible Adult agrees to indemnify Carrier for any liabilities, claims, actions, damages, costs or expenses (including, but not limited to, attorneys' fees and fees of other professionals) if this consent and release is disavowed by the minor child/ward or on behalf of the minor child/ward.<br />
<br />
Guest agrees to abide by all the Carrier's rules and regulations and all orders and directions of the Vessel's officers or medical personnel, or any officer purporting to represent any government. Guest also agrees that any suggestions, ideas, feedback or comments which Guest communicates to Carrier (collectively "Guest Suggestions") shall not be proprietary or confidential, and Guest hereby grants Carrier and Carriers Affiliates the right (but not the obligation) to use, disclose and implement any Guest Suggestions without any liability, compensation or obligation whatsoever on Carriers part.<br />
<br />
Guest acknowledges and confirms that any travel agent or sales agent utilized by Guest in connection with the issuance of this Cruise Contract is, for all purposes, Guests agent and Carrier shall not be liable for any representation made by said travel agent or sales agent. Guest shall remain liable at all times to Carrier for the price of passage. Guest understands and agrees that receipt of this Cruise Contract or any other information or notices by Guests travel agent or sales agent shall be deemed receipt by the Guest as of the date of receipt by the agent. Guest acknowledges that Carrier is not responsible for the financial condition or integrity of any travel agent or sales agent.<br />
<br />
Each Clause and provision of this Cruise Contract is severable. If any portion of this Cruise Contract shall be determined to be invalid or otherwise unenforceable or without effect, then only such portion shall be deemed severed from the Cruise Contract and all remaining portions shall remain in full force and effect.<br />
<br />
The Terms and Conditions contained in the Disney Cruise Line website (www.disneycruise.com/ termsandconditions) in effect as of the commencement date of the voyage to which this Cruise Contract relates are hereby incorporated by reference into this Cruise Contract. In the event of conflict between the provisions of this Cruise Contract, the Terms and Conditions contained in the Disney Cruise Line website, the terms of any Disney Cruise Line advertisement or offer, and the oral representations of any Disney Cruise Line representative, the provisions of this Cruise Contract shall control.<br />
<br />
This Cruise Contract is the sole and entire agreement of the parties. There are no prior or present agreements, representations or understandings, oral or written, which are binding upon either party, unless expressly included in this Cruise Contract. No modification or change of this Cruise Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.<br />
<br />
<br />
<br />
<br />
MAGICAL CRUISE COMPANY, LIMITED D/B/A DISNEY CRUISE LINE,<br />
<br />
210 Celebration Place, Celebration, FL 34747<br />
Mailing Address: PO Box 10210, Lake Buena Vista, FL 32830</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2492
My Legal Life
2016-01-18T15:54:52Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]<br />
<br />
November 22, 2015<br />
* [[GoDaddy]]<br />
* [[American Airlines]]<br />
<br />
December 23, 2015<br />
* [[English – Disney Terms of Use]]<br />
* [[Disney SUPPLEMENTAL WEBSITE TERMS AND CONDITIONS]]<br />
<br />
January 18, 2016<br />
* [[Disney Cruise Contract]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Disney_SUPPLEMENTAL_WEBSITE_TERMS_AND_CONDITIONS&diff=2491
Disney SUPPLEMENTAL WEBSITE TERMS AND CONDITIONS
2015-12-23T14:41:27Z
<p>Brianegge: Created page with "SUPPLEMENTAL WEBSITE TERMS AND CONDITIONS Updated as of: 4/24/15 Welcome to the Disney Cruise Line Website (the “Site”). The Site is designed to enhance your sailing on th..."</p>
<hr />
<div>SUPPLEMENTAL WEBSITE TERMS AND CONDITIONS<br />
Updated as of: 4/24/15<br />
Welcome to the Disney Cruise Line Website (the “Site”). The Site is designed to enhance your sailing on the Disney Cruise Line, and provide a more immersive and personalized experience. The Site is your digital guide to the magic of exciting benefits and features that the Cruise Line has to offer. As we add more exciting features and make updates, you can go to the Help Center of the Site for more information and frequently asked questions, which will continue to be updated as these features become available.<br />
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.<br />
These terms and conditions (“Terms”) govern your use of the Site. By using the Site or by clicking a box that states that you accept or agree to these Terms, you signify your agreement to the these Terms for yourself and for all persons (including minors) for whom you are purchasing or otherwise securing benefits and/or managing a Site account (your “Party”). You represent that you have all necessary rights and consents to agree to these Terms on behalf of your Party. If you do not agree<br />
to these Terms, you may not use the Site. These Terms apply in addition to, and not in lieu of, the Disney Interactive Terms of Use. In the event these Terms directly conflict with the applicable foregoing Disney Interactive Terms of Use, these Terms will prevail.<br />
SITE REGISTRATION AND TRAVEL AGENTS<br />
To access certain features of the Site, you will need to be signed in to your Disney account.<br />
Many features and functions on the Site are only available to guests 18 and over. Guests 13-17 may register and access certain features of the Site. Children under 13 are not currently permitted to register on the Site.<br />
If you are a travel agent, you agree: (1) to set up separate Site accounts for business and personal use, each with a different email address, (2) when conducting travel agent services through the Site, you are the cardholder for any credit card saved to your profile and you will not save a client’s credit card account information to any of your Site accounts.<br />
FAMILY AND FRIENDS<br />
The Family and Friends feature allows you to book your cruise with your family and friends.<br />
To use this feature, you will need to sign in to your Site account.<br />
When a family member or friend accepts your invitation, that person can see: your full name, your character photo, and the first and last names and character photos of those on your family and friends list (at your option – you can elect to keep this private). Family and friends who are on your reservation will also be able to view your reservation information, and if they are 18 years or older, can view the remaining balance and make a payment. You can change these settings at any time.<br />
You can create a profile for a family member or friend who does not have his or her own Site account. You are not creating a Site account for that person, but you are providing information about that guest in order to add him or her to your family and friends list so that you can book a cruise on that person’s behalf. We refer to those guests as “Managed Friends”. The names of guests you identify as part of your Party when booking a cruise through the Site are automatically added to your account as Managed Friends. You may remove family or friends, other than Managed Friends, from your account at any time. You can also remove Managed Friends from your account as long as they do not have any plans associated with them.<br />
If you create your own Site account and connect with someone who used to manage you as a Managed Friend, bookings that person previously planned for you will be added to your itinerary, and the family and friends they approved to connect with you will be added to your family and friends list.<br />
If someone you’ve booked for as a Managed Friend has their own Site account, you can invite them to connect with you so that all of the bookings you have purchased and planned for them will be associated with their Site account, and you will no longer control their family and friends list or profile.<br />
You acknowledge that by sending and/or accepting an invitation to become a family or friend, you authorize that family or friend to plan and modify activities for you, without notice to you. We are not liable or responsible for the conduct of the family or friends you choose to connect with on the Site (including travel agents), including their planning or modifying activities on your behalf, or for a family or friend’s use of any information you choose to share with the family or friend (including travel agents).<br />
LINK AN EXISTING RESERVATION<br />
When available, you may use the “Link Staterooms” feature to link another existing Cruise reservation with your own Cruise reservation on your Site account. To link your reservations, you must be logged into your Site account. You must be 18 years of age or older to link Cruise reservations.<br />
Certain reservations booked online may automatically appear in your Site account; however, your reservation information might not appear immediately after booking. If your reservation information does not appear within 24 hours of booking, then you may use this</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2490
My Legal Life
2015-12-23T14:39:55Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]<br />
<br />
November 22, 2015<br />
* [[GoDaddy]]<br />
* [[American Airlines]]<br />
<br />
December 23, 2015<br />
* [[English – Disney Terms of Use]]<br />
* [[Disney SUPPLEMENTAL WEBSITE TERMS AND CONDITIONS]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=English_%E2%80%93_Disney_Terms_of_Use&diff=2489
English – Disney Terms of Use
2015-12-23T14:39:16Z
<p>Brianegge: Created page with "Disney Terms Of Use TERMS OF USE English – Disney Terms of Use Home / English – Disney Terms of Use PRINT DOWNLOAD PDF Terms of Use Last Updated: July 10, 2014 Disn..."</p>
<hr />
<div>Disney Terms Of Use<br />
TERMS OF USE<br />
English – Disney Terms of Use<br />
Home / English – Disney Terms of Use<br />
PRINT<br />
DOWNLOAD PDF<br />
<br />
<br />
<br />
Terms of Use<br />
<br />
Last Updated: July 10, 2014<br />
<br />
Disney Interactive is pleased to provide to you its sites, software, applications, content, products and services (“Disney Services”), which may be branded Disney, ABC, ESPN, Marvel, Lucasfilm, Club Penguin, Playdom or another brand owned or licensed by The Walt Disney Company. These terms govern your use and our provision of the Disney Services on which these terms are posted, as well as Disney Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Disney Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DISNEY SERVICES.<br />
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ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.<br />
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NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.<br />
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1. Contract between You and Us<br />
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This is a contract between you and Disney Interactive, a California corporation located at 500 South Buena Vista Street, Burbank, California 91521, USA, or between you and any different service provider identified for a particular Disney Service. You must read and agree to these terms before using the Disney Services. If you do not agree, you may not use the Disney Services. These terms describe the limited basis on which the Disney Services are available and supersede prior agreements or arrangements.<br />
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Supplemental terms and conditions may apply to some Disney Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Disney Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.<br />
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We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Disney Services. If you do not agree to any change to these terms, you must discontinue using the Disney Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.<br />
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We may immediately terminate this contract with respect to you (including your access to the Disney Services) if you fail to comply with any provision of these terms.<br />
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2. The Disney Services<br />
<br />
The Disney Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes. To support smooth operation of the Disney Services across wide geographic areas, aspects of certain activities, such as game play, may be simulated to avoid delays.<br />
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The Disney Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Disney Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Disney Services may be used or exploited in any way other than as part of the Disney Services offered to you. You may own the physical media on which elements of the Disney Services are delivered to you, but we retain full and complete ownership of the Disney Services. We do not transfer title to any portion of the Disney Services to you.<br />
<br />
Content and Software License<br />
<br />
If a Disney Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.<br />
<br />
You may not circumvent or disable any content protection system or digital rights management technology used with any Disney Service; decompile, reverse engineer, disassemble or otherwise reduce any Disney Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Disney Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Disney Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Disney Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.<br />
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Disclaimers and Limitation on Liability<br />
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THE DISNEY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.<br />
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WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).<br />
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THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.<br />
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Changes to the Disney Services<br />
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The Disney Services are constantly evolving and will change over time. If we make a material change to the Disney Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.<br />
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Additional Restrictions on Use of the Disney Services<br />
<br />
We do not allow uses of the Disney Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Disney Service or connected network, or interfere with any person or entity’s use or enjoyment of any Disney Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Disney Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Disney Services using a robot, spider, scraper or other automated means or manual process without our express written permission.<br />
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Third-Party Services and Content<br />
<br />
The Disney Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.<br />
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If you access a Disney Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Disney Services. You agree that your access to the Disney Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.<br />
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Mobile Networks<br />
<br />
When you access the Disney Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Disney Services may be prohibited or restricted by your network provider and not all Disney Services may work with your network provider or device.<br />
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3. Your Content and Account<br />
<br />
User Generated Content<br />
<br />
The Disney Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.<br />
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We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Disney Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.<br />
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You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.<br />
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To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.<br />
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We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Disney Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.<br />
<br />
Accounts<br />
<br />
Some Disney Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.<br />
<br />
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Disney Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.<br />
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Passwords and Security<br />
<br />
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Disney Services.<br />
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The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.<br />
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4. Paid Transactions<br />
<br />
Identity of Seller<br />
<br />
Sales are made by Disney Interactive or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some storefronts on the Disney Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.<br />
<br />
Digital Content and Virtual Items<br />
<br />
We may make applications, games, software or other digital content available on the Disney Services for you to license for a one-time fee. When purchasing a license to access such material from a Disney Service, charges will be disclosed to you on the Disney Service before you complete the license purchase.<br />
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Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Disney Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Disney Services can only be used in connection with the Disney Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Disney Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.<br />
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Subscriptions<br />
<br />
Some Disney Services require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription for a Disney Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.<br />
<br />
The Order Process<br />
<br />
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.<br />
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We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.<br />
<br />
Payments and Billing<br />
<br />
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.<br />
<br />
Right of Cancellation; Return of Goods<br />
<br />
When you subscribe to a Disney Service, you have the right to cancel your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid. For semi-annual and annual subscriptions, if notice of cancellation is received within the first thirty (30) days following the first day of initial billing, you will receive a refund of the subscription fee paid. If we refund your subscription fee, you will still be obligated to pay other charges incurred.<br />
<br />
When you purchase a license to access digital content or virtual items, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel and the license purchase fee is non-refundable.<br />
<br />
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the Disney Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical media that have been unsealed. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.<br />
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If you wish to cancel, you must do so by following the cancellation instructions for the particular Disney Service. A sample cancellation form is available here.<br />
<br />
Personalized Goods<br />
<br />
Please note that the rights of cancellation and return do not apply for personalized goods. Cancellations and changes to personalized goods cannot be made once you have submitted your order and personalized items cannot be returned unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. Inappropriate use of our personalization service will cause your order to be cancelled and any payment refunded.<br />
<br />
Pricing; Taxes<br />
<br />
We may revise the pricing for products and services we offer. If you pay a periodic subscription fee for a Disney Service, we will provide you with reasonable notice of changes to the fees or billing methods in advance of their effective date and you will be able to cancel your subscription prior to such change. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.<br />
<br />
International Shipping; Customs<br />
<br />
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.<br />
<br />
5. Competitions<br />
<br />
Competitions that you enter on a Disney Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.<br />
<br />
Entries<br />
<br />
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.<br />
<br />
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.<br />
<br />
Eligibility<br />
<br />
To enter a competition, you must be a registered user of the Disney Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.<br />
<br />
Prizes<br />
<br />
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.<br />
<br />
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.<br />
<br />
6. Additional Provisions<br />
<br />
Submissions and Unsolicited Ideas Policies<br />
<br />
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.<br />
<br />
Claims of Copyright Infringement<br />
<br />
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:<br />
<br />
Lance R. Griffin<br />
The Walt Disney Company<br />
500 South Buena Vista Street<br />
Burbank, California 91521, USA<br />
Phone: +1 818-560-1000<br />
Fax: +1 818-560-4299<br />
Email: designated.agent@dig.twdc.com<br />
<br />
We are only able to accept notices in the languages into which these terms are made available by us.<br />
<br />
We will respond expeditiously to claims of copyright infringement committed using the Disney Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Disney Services hosted in the United States, these notices must include the required information set forth in the DMCA and described in detail here.<br />
<br />
Binding Arbitration and Class Action Waiver<br />
<br />
You and Disney Interactive agree to arbitrate all disputes between you and The Walt Disney Company or its affiliates, except disputes relating to the enforcement of The Walt Disney Company or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Disney Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Disney Interactive empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.<br />
<br />
In the event of a dispute, you or Disney Interactive must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Disney Interactive, 500 South Buena Vista Street, Burbank, California 91521, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Disney Interactive will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.<br />
<br />
If you and Disney Interactive do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.<br />
<br />
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Disney Interactive will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.<br />
<br />
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the borough of Manhattan, New York, New York, United States of America, and you and Disney Interactive agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.<br />
<br />
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Disney Interactive will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.<br />
<br />
Choice of Forum<br />
<br />
You agree that any action at law or in equity arising out of or relating to these terms or the Disney Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.<br />
<br />
Choice of Law<br />
<br />
These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.<br />
<br />
Severability<br />
<br />
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.<br />
<br />
Survival<br />
<br />
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.<br />
<br />
Waiver<br />
<br />
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.<br />
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© Disney. All rights reserved.<br />
Help & Guest ServicesSite MapTerms of UseLegal NoticesPrivacy PolicyYour California Privacy RightsChildren’s Online Privacy PolicyInterest-Based Ads</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2488
My Legal Life
2015-12-23T14:38:48Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]<br />
<br />
November 22, 2015<br />
* [[GoDaddy]]<br />
* [[American Airlines]]<br />
<br />
December 23, 2015<br />
* [[English – Disney Terms of Use]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=American_Airlines&diff=2487
American Airlines
2015-11-22T23:50:20Z
<p>Brianegge: Created page with "Print | Detailed Fare Rules The most restrictive set of fare rules applies to the entire itinerary. In addition other fare rules may apply. City Pair Fare Basis Code Flight ..."</p>
<hr />
<div>Print | <br />
Detailed Fare Rules<br />
The most restrictive set of fare rules applies to the entire itinerary. In addition other fare rules may apply.<br />
<br />
City Pair Fare Basis Code Flight<br />
LGA to MIA NA21ZNJ1 (Displayed Below) <br />
CLT to MIA<br />
MIA to LGA OA07KNL3 View rules <br />
MIA to LGA<br />
NA21ZNJ1<br />
Seasonality SEASONALITY - NO SEASONAL TRAVEL RESTRICTIONS APPLY.<br />
Day Time Application DAY/TIME - NO DAY/TIME TRAVEL RESTRICTIONS APPLY.<br />
Advance Reservation Ticketing Restrictions ADVANCE RESERVATIONS/TICKETING - CONFIRMED RESERVATIONS FOR ALL SECTORS ARE REQUIRED AT LEAST 21 DAYS BEFORE DEPARTURE ON EACH TRIP. WAITLIST NOT PERMITTED. TICKETING MUST BE COMPLETED BY MIDNIGHT 1 DAY AFTER RESERVATIONS ARE MADE OR AT LEAST 21 DAYS BEFORE DEPARTURE WHICHEVER IS EARLIER. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. ///---///---///---///---///---///---///---/// 1. SAME DAY STANDBY - A. ELIGIBILITY 1.AADVANTAGE EXECUTIVE PLATINUM/ PLATINUM/ GOLD PASSENGERS AND THEIR ONEWORLD EQUIVALENTS AND AAIRPASS MEMBERS TICKETED WITH ANY FARE MAY STANDBY ON THE SAME DAY AS TICKETED/ WITHOUT CHARGE AS NOTED BELOW. 2.PASSENGERS NOT QUALIFYING BY TIER STATUS AS DESCRIBED ABOVE WHO PURCHASED TICKETS FOR FIRST OR BUSINESS CLASS OR COACH FARES BOOKED IN Y/D/I/J/A/P/F INVENTORIES MAY STANDBY WITHOUT CHARGE AS NOTED BELOW. 3.MILITARY PASSENGERS AND THEIR DEPENDENTS MAY STANDBY WITHOUT CHARGE AS NOTED BELOW. 4.COMPANION FARE PASSENGERS WHO QUALIFY FOR SAME DAY STANDBY AS IDENTIFIED ABOVE/ MUST TRAVEL STANDBY ON THE SAME EXACT FLIGHTS. 5.PASSENGERS TRAVELING WITHIN THE US48 WITH FARE BASIS CODES ENDNG IN 7 OR 8 OR 9 MAY STANDBY WITHOUT CHARGE AS NOTED BELOW. 6.ALL OTHER PASSENGERS PURCHASING COACH TICKETS BOOKED IN H/B/K/M/L/W/V/G/S/N/Q/O INVENTORIES/ MAY NOT USE SAME DAY STANDBY. THESE PASSENGERS MAY USE SAME DAY FLIGHT CHANGE IDENTIFIED BELOW FOR A NONREFUNDABLE FEE. /SEE AA.COM FOR DETAILS. ///---///---///---///---///---///---///---///---// B. STANDBY CONDITIONS FOR ELIGIBLE PASSENGERS - 1.AADVANTAGE EXECUTIVE PLATINUM / PLATINUM/ GOLD PASSENGERS AND THEIR ONEWORLD EQUIVA- LENTS AND AAIRPASS MEMBERS AND ALL OTHER PASSENGERS MENTIONED IN 1 ABOVE MAY STANDBY FOR EARLIER/LATER SAME DAY FLIGHTS 2.PASSENGERS MUST BE HOLDING CONFIRMED RESERVA- TIONS AND TICKETS FOR FLIGHTS OPERATED AS AMERICAN AIRLINES/ AMERICAN EAGLE OR AMERICAN CONNECTION 3.STANDBY IS PERMITTED FOR SAME DAY AA NONSTOP AND/OR CONNECTING FLIGHTS BETWEEN THE SAME ORIGIN AND DESTINATION AIRPORTS PROVIDED THE ROUTING IS APPLICABLE FOR THE FARE CHARGED. 4.WHEN TICKETED TO/FROM HOU/NYC/WAS - CHECK FLIGHT APPLICATION FOR ANY AIRPORT RESTRICTION. ///---///---///---///---///---///---///---///---// 2. SAME DAY FLIGHT CHANGE/SDFC/ A. ELIGIBILITY 1.EXECUTIVE PLATINUM MEMBERS MAY USE SAME DAY FLIGHT CHANGE WITHOUT CHARGE. 2.PASSENGERS WHO PURCHASED TICKETS FOR FIRST OR BUSINESS OR COACH CLASS BOOKED IN Y/D/I/J/A/P/F INVENTORIES MAY USE SAME DAY FLIGHT CHANGE WITHOUT CHARGE AS NOTED BELOW. 3.PASSENGERS TRAVELING WITHIN THE US48 WITH FARE BASIS CODES ENDING IN 7 OR 8 OR 9 MAY USE SAME DAY FLIGHT CHANGE FREE OF CHARGE AS NOTED BELOW. 4.ALL OTHER PASSENGERS PURCHASING COACH FARE TICKETS BOOKED IN H/B/K/M/L/W/V/G/S/N/Q/O INVENTORIES MAY CONFIRM TRAVEL USING SAME DAY FLIGHT CHANGE FOR A NONREFUNDABLE FEE /SEE AA.COM FOR DETAILS/.///---///---///---///---///---///---///---///---// ' B.SAME DAY FLIGHT CHANGE CONDITIONS FOR ELIG PSGRS 1.THE REQUEST FOR SDFC IS MADE WITHIN 24 HOURS OF THE ALTERNATE FLIGHT/S DEPARTURE TIME. 2.THERE IS NO CHANGE TO THE ORIGIN/DESTINATION. 3.CHANGES TO CONNECTING AIRPORTS ARE PERMITTED PER THE TICKETED FARE RULE. 4.CHANGES TO CO-TERMINALS IN MULTI-AIRPORT CITIES ARE NOT ALLOWED. 5.CHANGES TO THE NUMBER OF SEGMENTS ARE NOT ALLOWED 6.ALL TRAVEL IS ON AMERICAN AIRLINES/ AMERICAN EAGLE AND AMERICAN CONNECTION. 7.REQUESTS ARE MADE VIA AIRPORT SELF-SERVICE CHECK-IN/ TICKET COUNTERS /INCLUDING ADMIRALS CLUBS AND PREMIUM SERVICES/ OR BY CALLING AA RESERVATIONS. 8.CHANGES PERMITTED TO OUTBOUND OR CONTINUING/ RETURN FLIGHTS. 9.CONFIRMATION IS SUBJECT TO AVAILABILITY. 10.ALTERNATE FLIGHT IS ON SAME TICKETED DATE. ///--///--///--///--///--///--///--///--///--/// REQUESTS MADE MORE THAN 24 HOURS IN ADVANCE OF THE ALTERNATE FLIGHT/S DEPARTURE TIME WILL BE PROCESSED FOLLOWING THE GUIDELINES FOR RESERVATION CHANGES/ WHICH MAY INCLUDE COLLECTION OF APPLICABLE CHANGE FEES PLUS DIFFERENCE IN FARE. SEE PENALTIES<br />
Surcharges SURCHARGES - IF INFANT WITHOUT A SEAT PSGR UNDER 2. THERE IS NO MISCELLANEOUS/OTHER SURCHARGE PER FARE COMPONENT PER ANY PASSENGER. OTHERWISE MISCELLANEOUS/OTHER SURCHARGE OF 8 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 29NOV15. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 30NOV15. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 8 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 23DEC15. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER FROM 24DEC15 THROUGH 25DEC15. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 8 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 26DEC15. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER FROM 27DEC15 THROUGH 01JAN16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 8 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER FROM 02JAN16 THROUGH 03JAN16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 04JAN16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 15JAN16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 18JAN16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER ON 11FEB16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 8 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER FROM 12FEB16 THROUGH 13FEB16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 4 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER FROM 14FEB16 THROUGH 19FEB16. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. THIS PEAK TRAVEL SURCHARGE IS ASSESSED ON A FARE COMPONENT BASIS. AND - MISCELLANEOUS/OTHER SURCHARGE OF 8 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER FROM<br />
Maximum Stay MAXIMUM STAY - NO MAXIMUM STAY REQUIREMENTS APPLY.<br />
Eligibility ELIGIBILITY - NO ELIGIBILITY REQUIREMENTS APPLY.<br />
Sales Restrictions SALES RESTRICTIONS - TICKETS MAY BE ISSUED BY MAIL/PTA. TICKETS MUST BE ISSUED BY ELECTRONIC TICKETING. PTA CONSTITUTES TICKETING. TICKETS MAY NOT BE SOLD IN VENEZUELA/ARGENTINA. TICKETS MAY ONLY BE SOLD IN AREA 1/AREA 2/AREA 3.<br />
Refunds Reissues VOLUNTARY CHANGES - ENTER RD*31 OR RD'LINE NUM'*31 FOR VOLUNTARY CHGS.<br />
Flight Applications FLIGHT APPLICATION - THE FARE COMPONENT MUST BE ON ONE OR MORE OF THE FOLLOWING ANY AA FLIGHT.<br />
Minimum Stay MINIMUM STAY - NO MINIMUM STAY REQUIREMENTS APPLY.<br />
Embargo Dates BLACKOUT DATES - ' NO BLACKOUT DATES APPLY.<br />
Penalties PENALTIES - CANCELLATIONS TICKET IS NON-REFUNDABLE. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. TICKET HAS NO VALUE UNLESS PASSENGER CANCELS TICKETED FLIGHT RESERVATIONS PRIOR TO TICKETED DEPARTURE TIME. CHANGES CHARGE USD 200.00 FOR REISSUE. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. IF PASSENGER CANCELS TICKETED FLIGHT RESERVATION PRIOR TO TICKETED DEPARTURE TIME/ TRAVEL THAT IS REBOOKED IS VALID AS FOLLOWS. 1/WHOLLY UNUSED TICKETS ARE VALID PROVIDED TRAVEL COMMENCES WITHIN ONE YEAR FROM THE ORIGINAL TICKET ISSUE DATE OR 2/ PARTIALLY USED TICKETS ARE VALID PROVIDED TRAVEL IS COMPLETED WITHIN ONE YEAR FROM THE OUTBOUND TRAVEL DATE ON THE ORIGINAL ' TICKET. SERVICE CHARGE APPLIES. IF TICKETED FLIGHT RESERVATION IS NOT CANCELLED PRIOR TO TICKETED DEPARTURE TIME/ REBOOKING IS NOT PERMITTED AND THE TICKET HAS NO VALUE. --- FARE DIFFERENCE AND SERVICE CHARGE MUST BE PAID AND TICKET MUST BE REISSUED WHEN ITINERARY IS REBOOKED. --- IF MULTIPLE CHANGES ARE MADE AT THE SAME TIME/ ONLY ONE SERVICE CHARGE WILL APPLY PER TICKET. IF FARES WITH DIFFERENT SERVICE CHARGES ARE COMBINED ON THE SAME TICKET/ THE HIGHEST CHARGE OF ALL CHANGED FARE COMPONENTS WILL APPLY. --- WHENEVER A NONREFUNDABLE FARE TICKET IS REISSUED TO A REFUNDABLE FARE/ A NONREFUNDABLE NOTATION MUST BE MADE IN THE ENDORSEMENT BOX OF THE NEW TICKET. THE ORIGINAL NONREFUNDABLE VALUE REMAINS NONREFUNDABLE FOR ANY SUBSEQUENT REISSUES. --- CERTAIN DOMESTIC REISSUE PROVISIONS MAY BE OVERRIDDEN BY THOSE OF AA INTERNATIONAL FARES. --- GUARANTEED AIRFARE RULE- TRANSPORTATION IS SUBJECT TO THE RULES/ FARES AND CHARGES IN EFFECT ON THE DATE/ TIME OF TICKET ISSUANCE OR PREPAID TICKET ADVICE PURCHASE. SHOULD FARES INCREASE AFTER TICKET PURCHASE/ NO INCREASE IN FARE WILL BE COLLECTED PROVIDED THE ORIGINATING FLIGHT COUPON OF THE TICKET REFLECTING A CONFIRMED RESERVATION HAS NOT BEEN VOLUNTARILY CHANGED/ AND PROVIDED THAT VOLUNTARY CHANGES FOR FLIGHT COUPONS OTHER THAN THE ORGINATING FLIGHT DO NOT REFLECT A CHANGE IN CARRIER/ FARE BASIS/ ORIGIN/ DESTINATION OR STOPOVER POINTS FROM THOSE FOUND ON THE TICKET. IF AFTER TICKET HAS BEEN ISSUED AND BEFORE ANY PORTION HAS BEEN USED EITHER A DECREASE IN THE FARES OR CHARGES APPLICABLE TO THE TRANSPORTATION SHOWN ON THE TICKET BECOMES EFFECTIVE/ OR A NEW FARE FOR WHICH THE PASSENGER QUALIFIES IS ADDED BETWEEN THE POINTS SHOWN ON THE TICKET/ THE DIFFERENCE IN FARES WILL BE REFUNDED AS STATED BELOW/ IN THE FORM OF A NONREFUNDABLE TRANSPORTATION VOUCHER/ PROVIDED A. THERE IS NO CHANGE IN TICKETED ORIGIN/ DESTINATION/ STOPOVER POINTS/ FLIGHTS/ DATES B. ALL CONDITIONS OF THE DECREASED FARES OR CHARGES OF THE NEW FARE ARE MET/ INCLUDING BOOKING CODE AND ADVANCE RESERVATIONS AND TICKETING REQUIREMENTS C. ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM THE ORIGINAL TICKET DATE TO THE DEPARTURE OF THE PRICING UNIT. D. THE PASSENGER WILL RECEIVE THE DIFFERENCE IN FARES LESS THE APPLICABLE SERVICE CHARGE IN THE FORM OF A NONREFUNDABLE AA TRAVEL VOUCHER VALID FOR ONE YEAR FROM THE DATE OF ISSUE. --- I. PRIOR TO DEPARTURE OF THE JOURNEY - CHANGES TO THE ORIGINATING FLIGHT ON THE TICKET - CANCEL AND START OVER. 1. THE ENTIRE TICKET MUST BE REPRICED WITH FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE. 2. USE ANY AA FARE ALLOWED BY COMBINATION AND REISSUE RULES. 3. ALL PROVISIONS OF THE NEW FARE I.E. ADV RSVN/MIN/MAX STAY/INVENTORY ETC MUST BE MET 4. ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM THE REISSUE DATE TO THE DEPARTURE OF THE PRICING UNIT. 5. ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY --- II. PRIOR TO DEPARTURE OF THE JOURNEY - CHANGES TO CONTINUING/RETURN FLIGHTS WHEN THERE IS NO CHANGE TO ORIGIN/DESTINATION OR STOPOVERS. THE FOLLOWING OPTIONS ARE AVAILABLE AND THE LOWEST SOLUTION WILL APPLY. --- A. ATTEMPT TO KEEP THE SAME FARES AS TICKETED. REPRICE THE ITINERARY USING THE SAME FARE BASIS CODE/ SAME FARE LEVEL/ SAME RULES AS TICKETED/ THAT IS/ THOSE IN EFFECT AT THE TIME THE ORIGINAL TICKET WAS SOLD. ' 1.NO CHANGE IS PERMITTED TO STOPOVER/ THE FIRST FARE COMPONENT OR FARE BREAKS. 2.THE TICKETED FARE BASIS CODE/ SAME RULE MUST BE USED AS THE REPLACEMENT FARE FOR THE REVISED FARE COMPONENT ON THE NEW TICKET. 3.FULLY FLOWN ONE-WAY FARE MUST NOT BE REPRICED AS A HALF ROUND-TRIP FARE. 4.NEW FARE MUST BE EQUAL TO THE PREVIOUS FARE. COMPARE BASE FARE VALUES FOR THE REVISED FARE COMPONENT TO THAT OF THE TICKETED FARE COMPONENT. 5.ALL RULE/BOOKING CODE PROVISIONS MUST BE MET. 6.FLIGHT SPECIFIC FARES MUST REMAIN WITHIN THE TIMES SPECIFIED FOR THAT FARE. 7.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM THE REISSUE DATE TO DEPARTURE OF PRICING UNIT. 8.SERVICE CHARGE APPLIES. --- B. CANCEL AND START OVER. REPRICE THE ITINEARY USING FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE. 1.USE ANY AA FARE ALLOWED BY COMBINATION AND REISSUE RULES. 2.ALL RULE/BOOKING CODE PROVISIONS OF THE NEW FARE MUST BE MET. 3.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM REISSUE DATE TO DEPARTURE OF THE PRICING UNIT. 4.ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY --- C. REPRICE THE ITINERARY USING THE SAME FARE BASIS CODES AND RULES AS THOSE IN EFFECT ON THE DATE OF ORIGINAL TICKET ISSUANCE FOR UNCHANGED FARE COMPONENTS AND USING FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE FOR ALL CHANGED FARE COMPONENTS. 1.NO CHANGE IS PERMITTED TO STOPOVER/ THE FIRST FARE COMPONENT OR FARE BREAKS. 2.THE TICKETED SAME FARE MUST BE USED ON THE FIRST FARE COMPONENT. 3.USE ANY AA FARES ALLOWED BY COMBINATION AND REISSUE RULES. 4.ALL RULE AND BOOKING CODE PROVISIONS MUST BE MET. 5.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM ORIGINAL TICKET DATE TO DEPARTURE OF PRICING UNIT. 6.ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY. --- III. PRIOR TO DEPARTURE OF THE JOURNEY- CHANGES TO THE CONTINUING/RETURN FLIGHTS WHEN THERE IS A CHANGE TO ORIGIN/DESTINATION OR STOPOVERS. --- A. CANCEL AND START OVER. REPRICE THE ITINEARY USING FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE. 1.USE ANY AA FARE ALLOWED BY COMBINATION AND REISSUE RULES. 2.ALL RULE/BOOKING CODE PROVISIONS OF THE NEW FARE MUST BE MET. 3.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM REISSUE DATE TO DEPARTURE OF THE PRICING UNIT. 4.ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY --- IV. AFTER DEPARTURE OF THE JOURNEY - WHEN THERE IS NO CHANGE TO ORIGIN/DESTINATION OR STOPOVERS. THE FOLLOWING OPTIONS ARE AVAILABLE AND THE LOWEST SOLUTION WILL APPLY. --- A. ATTEMPT TO KEEP THE SAME FARES AS TICKETED. REPRICE THE ITINERARY USING THE SAME FARE BASIS CODE/ SAME FARE LEVEL/ SAME RULES AS TICKETED/ THAT IS/ THOSE IN EFFECT AT THE TIME THE ORIGINAL TICKET WAS SOLD. 1.NO CHANGE IS PERMITTED TO STOPOVER/THE FIRST FARE COMPONENT OR FARE BREAKS. 2.THE TICKETED FARE BASIS CODE/ SAME RULE MUST BE USED AS THE REPLACEMENT FARE FOR THE REVISED FARE COMPONENT ON THE NEW TICKET. 3.FULLY FLOWN ONE-WAY FARE MUST NOT BE ' PRICED AS A HALF ROUND-TRIP FARE. 4.NEW FARE MUST BE EQUAL TO THE PREVIOUS FARE. COMPARE BASE FARE VALUES FOR THE REVISED FARE COMPONENT TO THAT OF THE TICKETED FARE COMPONENT. 4.ALL RULE/BOOKING CODE PROVISIONS MUST BE MET. 5.FLIGHT SPECIFIC FARES MUST REMAIN WITHIN THE TIMES SPECIFIED FOR THAT FARE. 6.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM THE REISSUE DATE TO DEPARTURE OF PRICING UNIT. 7.SERVICE CHARGE APPLIES. --- B. REPRICE THE ITINERARY USING THE SAME FARE BASIS CODES AND RULES AS THOSE IN EFFECT ON THE DATE OF ORIGINAL TICKET ISSUANCE FOR UNCHANGED FARE COMPONENTS AND USING FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE FOR ALL CHANGED FARE COMPONENTS. 1.NO CHANGE IS PERMITTED TO STOPOVER/ THE FIRST FARE COMPONENT OR FARE BREAKS. 2.THE TICKETED SAME FARE MUST BE USED ON THE FIRST FARE COMPONENT. 3.USE ANY AA ONE-WAY FARE ALLOWED BY COMBINATION AND REISSUE RULES. 4.ALL RULE AND BOOKING CODE PROVISIONS MUST BE MET. 5.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM REISSUE DATE TO DEPARTURE OF THE PRICING UNIT. 6.ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY --- C. REPRICE THE ITINERARY USING HISTORICAL ONE WAY FARES FROM THE PREVIOUS TICKET ISSUE DATE FOR FLOWN FARE COMPONENTS/ IN AN EQUAL OR HIGHER BOOKING CLASS. USE FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE FOR ALL UNFLOWN COMPONENTS. 1.FARE BREAKS FOR THE FLOWN FARE COMPONENTS MAY NOT BE CHANGED. 2.USE BOOKING CLASS HIERARCHY WHEN REPLACING FARES FOR FLOWN FARE COMPONENTS. THE HIERARCHY IS ECONOMY CLASS - Y B H K M L W V G S N Q O BUSINESS CLASS - J D I C FIRST CLASS - F A P 3.USE ANY AA ONE WAY FARES ALLOWED BY COMBINATION AND REISSUE RULES. 4.ALL RULE AND BOOKING CODE PROVISIONS OF THE NEW FARES MUST BE MET. 5.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM THE REISSUE DATE TO DEPARTURE DATE OF THE PRICING UNIT. 6.COMPARE THE TOTAL FROM THE ORIGINAL TICKET TO THE NEW TOTAL OF THE FLOWN AND UNFLOWN FARE COMPONENTS. 7.ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY. --- V. AFTER DEPARTURE OF THE JOURNEY - CHANGES TO CONTINUING/RETURN FLIGHTS WHEN THERE IS A CHANGE TO ORIGIN/DESTINATION OR STOPOVERS. --- A. REPRICE THE ITINERARY USING HISTORICAL ONE WAY FARES FROM THE PREVIOUS TICKET ISSUE DATE FOR FLOWN FARE COMPONENTS/ IN AN EQUAL OR HIGHER BOOKING CLASS. USE FARES IN EFFECT ON THE DATE OF NEW TICKET ISSUANCE FOR ALL UNFLOWN COMPONENTS. 1.FARE BREAKS FOR THE FLOWN FARE COMPONENTS MAY NOT BE CHANGED. 2.USE BOOKING CLASS HIERARCHY WHEN REPLACING FARES FOR FLOWN FARE COMPONENTS. THE HIERARCHY IS ECONOMY CLASS - Y B H K M L W V G S N Q O BUSINESS CLASS - J D I C FIRST CLASS - F A P 3.USE ANY AA ONE WAY FARE ALLOWED BY COMBINATION AND REISSUE RULES. 4.ALL RULE AND BOOKING CODE PROVISIONS OF THE NEW FARES MUST BE MET. 5.ADVANCE RESERVATION REQUIREMENTS ARE MEASURED FROM THE REISSUE DATE TO DEPARTURE DATE OF THE PRICING UNIT. 6.COMPARE THE TOTAL FROM THE ORIGNAL TICKET TO THE NEW TOTAL OF THE FLOWN AND UNFLOWN FARE COMPONENTS. 7.ANY DIFFERENCE IN FARES PLUS THE SERVICE CHARGE MUST BE COLLECTED. IF THE REPRICE RESULTS IN A LOWER FARE/ THE DIFFERENCE ' IN FARES LESS THE SERVICE CHARGE MAY BE RETURNED IN THE FORM OF A NONREFUNDABLE TRAVEL VOUCHER VALID FOR TRAVEL VIA AA ONLY. --- VI. AFTER EACH TICKETED DEPARTURE TIME 1. NO CHANGES PERMITTED IF PASSENGER HAS NOT CANCELLED THE TICKETED FLIGHT RESERVATION. 2. TICKET HAS NO VALUE IF PASSENGER HAS NOT CANCELLED THE TICKETED FLIGHT RESERVATION. --- VII. IN THE CASE OF THE DEATH OF THE PASSENGER/ IMMEDIATE FAMILY MEMBER/ OR A TRAVELING COMPANION/ THE SERVICE CHARGE MAY BE WAIVED OR THE TICKET REFUNDED PROVIDED A COPY OF THE DEATH CERTIFICATE IS PRESENTED TO AA. REFUND WILL BE IN THE FORM OF A NONREFUNDABLE TRANSPORTATION VOUCHER THAT MAY BE USED FOR FUTURE TRAVEL ON AA ONLY. IN THE CASE OF THE PASSENGER/S DEATH THE REFUND WILL BE TO THE PASSENGER/S ESTATE VIA THE ORIGINAL FORM OF PAYMENT. ALL REFUND REQUESTS MUST BE SENT TO AA PASSENGER REFUNDS.<br />
Rule Application and Other Conditions RULE APPLICATION AND OTHER CONDITIONS - NOTE - THE FOLLOWING TEXT IS INFORMATIONAL AND NOT VALIDATED FOR AUTOPRICING. NORMAL/EXCURSION FARES APPLICATION CLASS OF SERVICE THESE FARES APPLY FOR FIRST/BUSINESS/ECONOMY/ PREMIUM ECONOMY CLASS SERVICE. CAPACITY LIMITATIONS SEATS ARE LIMITED.<br />
Print |</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2486
My Legal Life
2015-11-22T23:50:08Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]<br />
<br />
November 22, 2015<br />
* [[GoDaddy]]<br />
* [[American Airlines]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=GoDaddy&diff=2485
GoDaddy
2015-11-22T21:56:06Z
<p>Brianegge: Created page with "GoDaddy Universal Terms of Service Agreement Last Revised: November 5, 2015 PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMAT..."</p>
<hr />
<div>GoDaddy<br />
Universal Terms of Service Agreement<br />
Last Revised: November 5, 2015<br />
<br />
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.<br />
<br />
1. OVERVIEW<br />
<br />
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company ("GoDaddy") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.<br />
<br />
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:<br />
<br />
Agreements<br />
<br />
Auctions Membership Agreement CashParking® Service Agreement Change of Registrant Agreement<br />
Direct Affiliate Program Agreement Domain Buy Service Agreement Domain Name Appraisal Agreement<br />
Domain Name Proxy Agreement Domain Name Registration Agreement Domain Name Transfer Agreement<br />
Hosting Agreement Marketing Applications Agreement <br />
Online Bookkeeping Service Agreement<br />
<br />
Professional Design Agreement Pro Service Agreement Online Store/Quick Shopping Cart<br />
Reseller Agreement Professional Web Services Agreement Website Builder Service Agreement<br />
Website Protection Agreement Workspace Service Agreement Get Found Service Agreement<br />
Microsoft Office Terms of Use Email Marketing Service Agreement <br />
<br />
<br />
Policies<br />
<br />
Privacy Policy Subpoena Policy Attorney Tips Dispute on Transfer Away Form<br />
Uniform Domain Name Dispute Resolution Policy ICANN Registrant Rights and Responsibilites ICANN Registrar Transfer Dispute Resolution Policy<br />
Trademark Copyright Infringement Brand Guidelines and Permissions Patent Notice<br />
<br />
<br />
The terms “we”, “us” or “our” shall refer to GoDaddy. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.<br />
<br />
GoDaddy may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, GoDaddy may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. GoDaddy assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.<br />
<br />
2. ELIGIBILITY; AUTHORITY<br />
<br />
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.<br />
<br />
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, GoDaddy finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. GoDaddy shall not be liable for any loss or damage resulting from GoDaddy’s reliance on any instruction, notice, document or communication reasonably believed by GoDaddy to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, GoDaddy reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.<br />
<br />
3. ACCOUNTS; TRANSFER OF DATA ABROAD<br />
<br />
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to GoDaddy that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If GoDaddy has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, GoDaddy reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, GoDaddy recommends that you change your password and shopper PIN at least once every six (6) months for each Account . You must notify GoDaddy immediately of any breach of security or unauthorized use of your Account. GoDaddy will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss GoDaddy or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.<br />
<br />
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.<br />
<br />
4. AVAILABILITY OF WEBSITE/SERVICES<br />
<br />
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Serviceson a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.<br />
<br />
From time to time, GoDaddy may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) GoDaddy reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) GoDaddy may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by GoDaddy; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to GoDaddy; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, GoDaddy disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.<br />
<br />
In addition to our many free services, as described here, GoDaddy offers paid support services :<br />
<br />
GetStarted - Hosting: up to 30 minutes with a support representative to assist with setting up your hosting account following the getting started guide. This service is available for cPanel, Plesk, and Managed WordPress.<br />
Website Migration: GoDaddy will assist customer with moving customer’s website from another host to GoDaddy, includes shared, VPS, dedicated. Please allow up to 24-hours to complete. Website migrations are subject to the Website Transfer Service Agreement which is hereby incorporated by reference. <br />
VPS Services: described here.<br />
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with GoDaddy. You acknowledge and agree that the Services may be provided by independent contractors or third party service providers. <br />
<br />
All paid services are non-refundable.<br />
<br />
5. GENERAL RULES OF CONDUCT<br />
<br />
You acknowledge and agree that:<br />
<br />
Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.<br />
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. <br />
You will not use this Site or the Services in a manner (as determined by GoDaddy in its sole and absolute discretion) that:<br />
Is illegal, or promotes or encourages illegal activity;<br />
Promotes, encourages or engages in child pornography or the exploitation of children;<br />
Promotes, encourages or engages in terrorism, violence against people, animals, or property;<br />
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;<br />
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; <br />
Infringes on the intellectual property rights of another User or any other person or entity;<br />
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;<br />
Interferes with the operation of this Site or the Services found at this Site;<br />
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or<br />
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding GoDaddy or GoDaddy’s Services.<br />
You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by GoDaddy.<br />
You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.<br />
You will not access GoDaddy Content (as defined below) or User Content through any technology or means other than through this Site itself, or as GoDaddy may designate.<br />
You agree to back-up all of your User Content so that you can access and use it when needed. GoDaddy does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.<br />
You will not re-sell or provide the Services for a commercial purpose, including any of GoDaddy’s related technologies, without GoDaddy's express prior written consent.<br />
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.<br />
<br />
You are aware that GoDaddy may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow GoDaddy, in its sole discretion, to record the entirety of such calls regardless of whether GoDaddy asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which GoDaddy is a party.<br />
<br />
GoDaddy reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.<br />
<br />
6. YOUR USE OF GODADDY CONTENT AND USER CONTENT<br />
<br />
In addition to the general rules above, the provisions in this Section apply specifically to your use of GoDaddy Content and User Content posted to GoDaddy’s corporate websites (i.e., those sites which GoDaddy directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.<br />
<br />
GoDaddy Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“GoDaddy Content”), are owned by or licensed to GoDaddy in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. GoDaddy Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of GoDaddy. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. GoDaddy reserves all rights not expressly granted in and to the GoDaddy Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.<br />
<br />
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to GoDaddy that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.<br />
<br />
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any GoDaddy Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the GoDaddy Content or the User Content therein.<br />
<br />
7. GODADDY'S USE OF USER CONTENT<br />
<br />
The provisions in this Section apply specifically to GoDaddy’s use of User Content posted to GoDaddy’s corporate websites (i.e., those sites which GoDaddy directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.<br />
<br />
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.<br />
<br />
With Respect to User Submissions. You acknowledge and agree that:<br />
<br />
Your User Submissions are entirely voluntary.<br />
Your User Submissions do not establish a confidential relationship or obligate GoDaddy to treat your User Submissions as confidential or secret.<br />
GoDaddy has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.<br />
GoDaddy may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.<br />
GoDaddy shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.<br />
<br />
With Respect to User Content (Other Than User Submissions). <br />
<br />
If you have a website or other content hosted by GoDaddy, you shall retain all of your ownership or licensed rights in User Content.<br />
<br />
By posting or publishing User Content to this Site or through the Services, you authorize GoDaddy to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant GoDaddy a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and GoDaddy’s (and GoDaddy’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that GoDaddy may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, GoDaddy shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or GoDaddy’s (or GoDaddy’s affiliates’) business(es). <br />
<br />
8. PRODUCT CREDITS<br />
<br />
In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed.The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account and turning off the auto-renewal feature, or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on GoDaddy’s website and is not subject to any promotion, discount, or other reduction in price. For Credits issues for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion. <br />
<br />
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY<br />
<br />
GoDaddy generally does not pre-screen User Content (whether posted to a website hosted by GoDaddy or posted to this Site). However, GoDaddy reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. GoDaddy may remove any item of User Content (whether posted to a website hosted by GoDaddy or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by GoDaddy in its sole and absolute discretion), at any time and without prior notice. GoDaddy may also terminate a User’s access to this Site or the Services found at this Site if GoDaddy has reason to believe the User is a repeat offender. If GoDaddy terminates your access to this Site or the Services found at this Site, GoDaddy may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.<br />
<br />
10. ADDITIONAL RESERVATION OF RIGHTS<br />
<br />
GoDaddy expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by GoDaddy in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by GoDaddy in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of GoDaddy, its officers, directors, employees and agents, as well as GoDaddy’s affiliates, including, but not limited to, instances where you have sued or threatened to sue GoDaddy.<br />
<br />
GoDaddy expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.<br />
<br />
GoDaddy expressly reserves the right to terminate, without notice to you, any and all Services where, in GoDaddy's sole discretion, you are harassing or threatening GoDaddy and/or any of GoDaddy's employees.<br />
<br />
11. NO SPAM; LIQUIDATED DAMAGES<br />
<br />
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. <br />
<br />
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:<br />
<br />
i. Email Messages<br />
<br />
ii. Newsgroup postings<br />
<br />
iii. Windows system messages<br />
<br />
iv. Pop-up messages (aka "adware" or "spyware" messages)<br />
<br />
v. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)<br />
<br />
vi. Online chat room advertisements<br />
<br />
vii. Guestbook or Website Forum postings<br />
<br />
viii. Facsimile Solicitations<br />
<br />
ix. Text/SMS Messages<br />
<br />
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.<br />
<br />
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.<br />
<br />
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. Web: report abuse. <br />
<br />
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.<br />
<br />
12. TRADEMARK AND/OR COPYRIGHT CLAIMS<br />
<br />
GoDaddy supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to GoDaddy’s Trademark and/or Copyright Infringement Policy referenced above and available here.<br />
<br />
13. LINKS TO THIRD-PARTY WEBSITES<br />
<br />
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by GoDaddy. GoDaddy assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, GoDaddy does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release GoDaddy from any and all liability arising from your use of any third-party website. Accordingly, GoDaddy encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.<br />
<br />
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES<br />
<br />
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. GODADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GODADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND GODADDY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.<br />
<br />
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GODADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.<br />
<br />
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.<br />
<br />
15. LIMITATION OF LIABILITY<br />
<br />
IN NO EVENT SHALL GODADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GODADDY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br />
<br />
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.<br />
<br />
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GODADDY’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.<br />
<br />
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.<br />
<br />
16. INDEMNITY<br />
<br />
You agree to protect, defend, indemnify and hold harmless GoDaddy and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by GoDaddy directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.<br />
<br />
17. DISCONTINUED SERVICES; END OF LIFE POLICY<br />
<br />
GoDaddy reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although GoDaddy makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by GoDaddy, in any way, effective on the EOL date.<br />
<br />
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, GoDaddy will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by GoDaddy in its sole and absolute discretion. GoDaddy may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.<br />
<br />
No Liability. GoDaddy will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.<br />
<br />
18. FEES AND PAYMENTS<br />
<br />
You acknowledge and agree that your Payment Method may be charged by one of our affiliated entities, Go Daddy Domains Canada, Inc., Go Daddy India Domains and Hosting Services Pvt Ltd, or Go Daddy Europe, Ltd. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by GoDaddy.com, LLC, 14455 N. Hayden Rd., Scottsdale, AZ 85260; if your payment was identified as being processed in Canada, your transaction will be processed by Go Daddy Domains Canada, Inc., 2900-550 Burrard Street, Vancouver, BC V6C 043; if your payment was identified as being processed in the United Kingdom, your transaction will be processed by Go Daddy Europe, Ltd., 5 New Street Square, London EC4A3TW; if your payment was identified as being processed in India, your transaction will be processed by Go Daddy India Domains and Hosting Services India Pvt Ltd, Flat 101, Sai Krishna Enclave, 6-1-132/99, Plot No. 99, Skanagiri, Padmaraonagar 50061. <br />
<br />
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS<br />
<br />
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. GoDaddy expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. <br />
<br />
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using GoDaddy’s “Good As Gold Prepaid Services” (defined below); (iii) via an electronic check from your personal or business checking account, as appropriate (and as defined below); (iv) by using PayPal (as defined below), (v) by using an International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.<br />
<br />
You acknowledge and agree that where refunds are issued to your Payment Method, GoDaddy's issuance of a refund receipt is only confirmation that GoDaddy has submitted your refund to the Payment Method charged at the time of the original sale, and that GoDaddy has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. <br />
<br />
In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then GoDaddy, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a GoDaddy check, which will be sent to the mailing address on file for your Account. GoDaddy also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a GoDaddy check are solely within GoDaddy’s discretion and are not available at customer request.<br />
<br />
If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. <br />
<br />
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, GODADDY WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH GODADDY AT GODADDY’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND GODADDY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.<br />
<br />
IN ADDITION, GODADDY MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, GODADDY WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. GODADDY MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND GODADDY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. <br />
<br />
If for any reason GoDaddy is unable to charge your Payment Method for the full amount owed for the Services provided, or if GoDaddy receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that GoDaddy may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. GoDaddy also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks GoDaddy may perform outside the normal scope of its Services, (ii) additional time and/or costs GoDaddy may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by GoDaddy in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by GoDaddy staff or by outside firms retained by GoDaddy; (iii) recouping any and all costs and fees, including the cost of Services, incurred by GoDaddy as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with GoDaddy.<br />
<br />
GoDaddy may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and GoDaddy makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.<br />
<br />
Refund Policy: Products and Services available for refunds are described here (“Refund Policy”). For products and services eligible for a refund, you may request a full refund for annual plans within forty five (45) days of purchase and within 48 hours of purchase for monthly plans (each “Refund Period”). For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested. In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on GoDaddy’s website and is not subject to any promotion, discount, or other reduction in price.<br />
<br />
Annual Plans: Any product purchased for 1 year or greater will be considered an annual plan under the terms of this policy. Within forty five (45) days, you may request a full refund of the purchase price of the product. After forty five (45) days, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be pro-rated based on the date of original purchase and, for renewals, the anniversary date of the original purchase date of the product (this is referred to as the Service Date).<br />
<br />
Monthly Plans: Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy. Within forty eight (48) hours, you may request a full refund of the purchase price of the product. After forty eight (48) hours, you may request an in-store credit for any unused time remaining on your multi-monthly plan excluding the month in which the refund is requested. Single month plans are not eligible for refunds after forty eight (48) hours. Unused time will be pro-rated based on the date of original purchase and, for renewals, the monthly scheduled renewal date based on the original purchase date of the product (this is referred to as the Service Date). <br />
<br />
In no event will you be eligible for more than one refund of the same product. <br />
<br />
(B) GOOD AS GOLD PREPAID SERVICES<br />
<br />
Service Details<br />
<br />
By using Good As Gold Prepaid Services, you may transfer funds to GoDaddy in order to fund your Good As Gold Prepaid Services account (“Good As Gold Account”). You may then use your Good As Gold Account to purchase any Services. You may fund your Good As Gold Account by providing (i) a paper check (from your personal or business checking account, as appropriate), (ii) a money order, or (iii) a wire transfer. All payments must be for the full amount required at purchase. <br />
<br />
You acknowledge that funds transferred to your Good As Gold Account will be held by GoDaddy and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you understand and agree that GoDaddy shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services.<br />
<br />
You acknowledge that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars.<br />
<br />
Your Good As Gold Account must be funded on an initial basis with no less than funds equivalent to $100.00 U.S. dollars.<br />
<br />
All paper checks and money orders may be delayed up to ten (10) business days until the money is credited, which may delay your use of the Services, and any paper check or money order that does not clear will result in a $25.00 processing fee by GoDaddy, which may be debited from your Good As Gold Account. The $25.00 processing fee is in addition to any fee(s) your bank may charge you.<br />
<br />
Wire transfers may be initiated in foreign currency to fund your Good As Gold Account, however the natural currency of the Wild West Domains bank account is U.S. Dollars. Foreign currency wires will be automatically converted and deposited in U.S. Dollars. Please note that exchange rate fees may apply. You agree that you will be responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees by your bank, intermediary banks, or GoDaddy’s bank, which may reduce the amount of the money received by GoDaddy’s bank and subsequently funded into your Good As Gold Account. Customers funding a Good As Gold Account with a wire of $1,000.00 or more shall not be subject to a $20.00 wire transfer processing fee from GoDaddy. You hereby expressly authorize GoDaddy (i) to reduce your Good As Gold Account by the amount of wire transfer fees GoDaddy incurs in order to receive your funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee (“Service Fee”) in connection with the termination of your Good As Gold Account. All fees are subject to change at any time, and such changes shall be posted online and effective immediately without need for further notice to you.<br />
<br />
You can verify the remaining funds in your Good As Gold Account at any time by logging into “Manage Your Account” or through the shopping cart on the GoDaddy website. Should you decide to terminate your Good As Gold Account (or should GoDaddy opt to terminate your Good As Gold Account because you have breached an obligation under the Good As Gold Service Agreement), then the balance in your Good As Gold Account will be refunded, net the Service Fee.<br />
<br />
Additional funds may be added to your Good As Gold Account at any time. The preferred minimum increment for funds transfers and checks is $100.00.<br />
<br />
Your Use of Good As Gold Prepaid Services<br />
<br />
Use of funds in your Good As Gold Account can only be made through the GoDaddy purchase process at GoDaddy’s website. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.<br />
<br />
You will be able to access your Good As Gold Account activity and records from the “Manage Your Account” link on GoDaddy’s website. Your Good As Gold Account will show purchases and the amount of funds remaining in your Good As Gold Account. GoDaddy reserves the right at all times to disclose any information about your Good As Gold Account as GoDaddy deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from your Good As Gold Account, in the sole and absolute discretion of GoDaddy.<br />
<br />
(C) PAY BY CHECK (ELECTRONIC CHECK)<br />
<br />
By using GoDaddy’s pay by check option (“Pay By Check”), you can purchase GoDaddy Services using an electronic check (from your personal or business checking account, as appropriate). In connection therewith, you agree to allow Certegy Check Services, Inc. (“Certegy”) to debit the full amount of your purchase from your checking account (“Checking Account”), which is non-refundable. Certegy will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.<br />
<br />
It is your responsibility to keep your Checking Account current and funded. You acknowledge and agree that (i) Certegy reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Certegy nor GoDaddy shall be liable to you or any third party regarding the same. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, you agree that Certegy and GoDaddy may pursue all available lawful remedies in order to obtain payment (plus applicable fees). GoDaddy is not responsible for the actions of Certegy. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars.<br />
<br />
GoDaddy and its service providers, including but not limited to Certegy Check Services, Inc. and Complete Payment Recovery Services, Inc., may provide you with notices, including those regarding changes to these terms of service, including by, but not limited to, email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. You further expressly authorize GoDaddy and its Service Providers, including but not limited to Certegy Check Services, Inc. and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.<br />
<br />
United States, including District of Columbia:<br />
<br />
AK<br />
<br />
Alaska<br />
<br />
$25.00<br />
<br />
AL<br />
<br />
Alabama<br />
<br />
$30.00<br />
<br />
AR<br />
<br />
Arkansas<br />
<br />
$25.00<br />
<br />
AZ<br />
<br />
Arizona<br />
<br />
$25.00<br />
<br />
CA<br />
<br />
California<br />
<br />
$25.00<br />
<br />
CO<br />
<br />
Colorado<br />
<br />
$20.00<br />
<br />
CT<br />
<br />
Connecticut<br />
<br />
$20.00<br />
<br />
DC<br />
<br />
District of Columbia<br />
<br />
$15.00<br />
<br />
DE<br />
<br />
Delaware<br />
<br />
$40.00<br />
<br />
FL<br />
<br />
Florida<br />
<br />
For face value of check $0.01 - $50.00, $25.00<br />
For face value of check $50.01 - $300.00, $30.00<br />
For face value of check $300.01 or more, greater of $40.00 or 5% of face value of check.<br />
GA<br />
<br />
Georgia<br />
<br />
Greater of $30.00 or 5% of face value of check<br />
HI<br />
<br />
Hawaii<br />
<br />
$30.00<br />
<br />
IA<br />
<br />
Iowa<br />
<br />
$30.00<br />
<br />
ID<br />
<br />
Idaho<br />
<br />
Lesser of $20.00 or face value of check<br />
IL<br />
<br />
Illinois<br />
<br />
$25.00<br />
<br />
IN<br />
<br />
Indiana<br />
<br />
$20.00<br />
<br />
KS<br />
<br />
Kansas<br />
<br />
$30.00<br />
<br />
KY<br />
<br />
Kentucky<br />
<br />
$25.00<br />
<br />
LA<br />
<br />
Louisiana<br />
<br />
Greater of $25.00 or 5% of face value of check<br />
MA<br />
<br />
Massachusetts<br />
<br />
$25.00<br />
<br />
MD<br />
<br />
Maryland<br />
<br />
$35.00<br />
<br />
ME<br />
<br />
Maine<br />
<br />
$25.00<br />
<br />
MI<br />
<br />
Michigan<br />
<br />
$25.00<br />
<br />
MN<br />
<br />
Minnesota<br />
<br />
$30.00<br />
<br />
MO<br />
<br />
Missouri<br />
<br />
$25.00<br />
<br />
MS<br />
<br />
Mississippi<br />
<br />
$40.00<br />
<br />
MT<br />
<br />
Montana<br />
<br />
$30.00<br />
<br />
NC<br />
<br />
North Carolina<br />
<br />
$25.00<br />
<br />
ND<br />
<br />
North Dakota<br />
<br />
$30.00<br />
<br />
NE<br />
<br />
Nebraska<br />
<br />
$25.00<br />
<br />
NH<br />
<br />
New Hampshire<br />
<br />
$25.00<br />
<br />
NJ<br />
<br />
New Jersey<br />
<br />
$25.00<br />
<br />
NM<br />
<br />
New Mexico<br />
<br />
$20.00<br />
<br />
NV<br />
<br />
Nevada<br />
<br />
$25.00<br />
<br />
NY<br />
<br />
New York<br />
<br />
$20.00<br />
<br />
OH<br />
<br />
Ohio<br />
<br />
Greater of $30.00 or 10% of face value of check<br />
OK<br />
<br />
Oklahoma<br />
<br />
$25.00<br />
<br />
OR<br />
<br />
Oregon<br />
<br />
$25.00<br />
<br />
PA<br />
<br />
Pennsylvania<br />
<br />
$25.00<br />
<br />
RI<br />
<br />
Rhode Island<br />
<br />
$25.00<br />
<br />
SC<br />
<br />
South Carolina<br />
<br />
$30.00<br />
<br />
SD<br />
<br />
South Dakota<br />
<br />
$40.00<br />
<br />
TN<br />
<br />
Tennessee<br />
<br />
$30.00<br />
<br />
TX<br />
<br />
Texas<br />
<br />
$30.00<br />
<br />
UT<br />
<br />
Utah<br />
<br />
$20.00<br />
<br />
VA<br />
<br />
Virginia<br />
<br />
$50.00<br />
<br />
VT<br />
<br />
Vermont<br />
<br />
$25.00<br />
<br />
WA<br />
<br />
Washington<br />
<br />
$25.00<br />
<br />
WI<br />
<br />
Wisconsin<br />
<br />
$25.00<br />
<br />
WV<br />
<br />
West Virginia<br />
<br />
$25.00<br />
<br />
WY<br />
<br />
Wyoming<br />
<br />
$30.00<br />
<br />
U.S. Territories:<br />
<br />
AS<br />
<br />
American Samoa<br />
<br />
$15.00<br />
<br />
GU<br />
<br />
Guam<br />
<br />
$15.00<br />
<br />
PR<br />
<br />
Puerto Rico<br />
<br />
$15.00<br />
<br />
VI<br />
<br />
Virgin Islands<br />
<br />
$15.00<br />
<br />
U.S. Military States:<br />
<br />
AA<br />
<br />
Armed Forces Americas<br />
<br />
$15.00<br />
<br />
AE<br />
<br />
Armed Forces Africa, Armed Forces Canada, Armed Forces Europe, Armed Forces Middle East<br />
<br />
$15.00<br />
<br />
AP<br />
<br />
Armed Forces Pacific<br />
<br />
$15.00<br />
<br />
Canadian Provinces / Territories:<br />
<br />
AB<br />
<br />
Alberta<br />
<br />
$20.00<br />
<br />
BC<br />
<br />
British Columbia<br />
<br />
$20.00<br />
<br />
MB<br />
<br />
Manitoba<br />
<br />
$20.00<br />
<br />
NB<br />
<br />
New Brunswick<br />
<br />
$20.00<br />
<br />
NL<br />
<br />
Newfoundland and Labrador<br />
<br />
$20.00<br />
<br />
NS<br />
<br />
Nova Scotia<br />
<br />
$20.00<br />
<br />
NT<br />
<br />
Northwest Territories<br />
<br />
$20.00<br />
<br />
ON<br />
<br />
Ontario<br />
<br />
$20.00<br />
<br />
PE<br />
<br />
Prince Edward Island<br />
<br />
$20.00<br />
<br />
QC<br />
<br />
Quebec<br />
<br />
$15.00<br />
<br />
SK<br />
<br />
Saskatchewan<br />
<br />
$20.00<br />
<br />
YT<br />
<br />
Yukon<br />
<br />
$20.00<br />
<br />
By clicking the box labeled “I agree” to the terms of the Pay By Check payment option, you authorize the information provided to be used for the creation of an EFT or bank draft and you authorize a debit of the full amount of your purchase from your Checking Account.<br />
<br />
(D) PAY BY PAYPAL<br />
<br />
By using GoDaddy’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).<br />
<br />
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor GoDaddy shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and GoDaddy may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.<br />
<br />
By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.<br />
<br />
(E) INTERNATIONAL PAYMENT OPTIONS<br />
<br />
GoDaddy offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at GoDaddy. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by GoDaddy.<br />
<br />
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor GoDaddy shall be liable to you or any third party regarding the same. You acknowledge that GoDaddy will not attempt to fulfill the Services purchased by you until GoDaddy receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If GoDaddy does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your GoDaddy account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.<br />
<br />
If, at the time GoDaddy receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, GoDaddy may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, GoDaddy reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by GoDaddy will be net of the IPP Fees unless otherwise specified.<br />
<br />
(F) IN-STORE CREDIT BALANCES<br />
<br />
In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. In the event that your Account contains an in-store credit balance, you hereby authorize GoDaddy to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, GoDaddy may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, GoDaddy is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using GoDaddy’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, GoDaddy may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.<br />
<br />
You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the GoDaddy website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that GoDaddy terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited. <br />
<br />
You also acknowledge that funds available in your in-store credit balance will be held by GoDaddy and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that GoDaddy shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.<br />
<br />
(G) GIFT CARDS<br />
<br />
This section sets forth the terms and conditions of Your use of Go Daddy's Gift Card service and its related services (collectively, the "Card"). Go Daddy grants You a non-exclusive license to use the Card, provided, however, that You abide by the terms and conditions set forth herein and in each of Go Daddy's policies and procedures.<br />
<br />
The Services generally allow You to redeem the Card for goods and services from Go Daddy except to purchase another gift card, an auction membership, a product that would include a free auction membership, or any offer that excludes purchase by gift card.<br />
<br />
The Card is a non-reloadable, non-refundable, non-personalized prepaid gift card, and may not be re-sold, transferred, redeemed for cash or applied to any account, except to the extent required by law. The Card is not an account, does not earn interest, and is not FDIC insured. The Card is not a credit card. You authorize us to pay all transactions made using the Card with the funds credited to the Card. You agree to use the Card only as provided in this Agreement and in accordance with applicable law. You agree the amount of funds shown on our records regarding the Card will determine the balance on the Card. Once the Card balance reaches zero dollars ($0), all transactions will be declined. In any case where the recipient of the Card is given value through the use of the Card greater than the remaining balance, You will pay us on demand the amount by which the transactions exceeded the balance.<br />
<br />
You may give the Card to any recipient, however in order for the recipient to redeem the value credited to the Card, they will have to create an account with Go Daddy and agree to any policies and agreements related to the product or service purchased.<br />
<br />
The Card is like cash in that it may be used immediately without identification. You agree to use Your best efforts to protect the Card against loss, theft, or unauthorized use. You may call customer service to report a lost or stolen Card. At our discretion, a replacement Card may be issued, less any applicable fees.<br />
<br />
Go Daddy reserves the right, in its sole discretion, to deem any value on a Card not redeemed within five (5) years from purchase date to be expired.<br />
<br />
(H) Expired Domain Name Purchases<br />
<br />
For expired domains names purchased through Your account, You acknowledge and agree that You are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close.<br />
<br />
19. UNCLAIMED PROPERTY; DORMANCY CHARGES<br />
<br />
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) GoDaddy is unable to issue payment to such customer or (ii) GoDaddy issued payment to such customer in the form of a paper check, but the check was never cashed, then GoDaddy shall turn over such account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, GoDaddy may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer. <br />
<br />
20. SUCCESSORS AND ASSIGNS<br />
<br />
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.<br />
<br />
21. NO THIRD-PARTY BENEFICIARIES<br />
<br />
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.<br />
<br />
22. U.S. EXPORT LAWS<br />
<br />
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.<br />
<br />
23. FOR INDIA RESIDENTS ONLY<br />
<br />
You expressly agree that: (i) GoDaddy (or its service provider) may contact you by phone in order to resolve your complaint or dispute, or your current service or billing issue; and (ii) in order to resolve such complaint, dispute or issue, GoDaddy may use and may disclose to its service provider the following information: call recordings, customer name, phone number(s) and contact preferences, tenure of your relationship with GoDaddy, products used, and information about the nature of your complaint, dispute, or service issue.<br />
<br />
24. COMPLIANCE WITH LOCAL LAWS<br />
<br />
GoDaddy makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. <br />
<br />
25. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY<br />
<br />
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.<br />
<br />
26. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY<br />
<br />
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.<br />
<br />
27. CONTACT INFORMATION<br />
<br />
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:<br />
<br />
GoDaddy Legal Department<br />
14455 North Hayden Rd.<br />
Suite 219<br />
Scottsdale, AZ 85260<br />
legal@godaddy.com <br />
<br />
<br />
Revised: 11/5/15<br />
Copyright © 2005-2015 GoDaddy.com, LLC All Rights Reserved.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2484
My Legal Life
2015-11-22T21:55:59Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]<br />
<br />
November 22, 2015<br />
* [[GoDaddy]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=XCode_and_Mac_SDK&diff=2483
XCode and Mac SDK
2015-11-16T01:04:54Z
<p>Brianegge: Created page with "APPLE INC. MAC SDK AND XCODE AGREEMENT PLEASE READ THIS MAC SDK AND XCODE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DE..."</p>
<hr />
<div>APPLE INC.<br />
MAC SDK AND XCODE AGREEMENT<br />
<br />
PLEASE READ THIS MAC SDK AND XCODE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE DEVELOPER SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE " BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVELOPER SOFTWARE AND CLICK “DISAGREE”. <br />
<br />
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.<br />
<br />
1. General. <br />
A. The Apple software, tools, utilities, sample or example code, documentation, interfaces, content, data, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media or in any other form, (collectively, the "Developer Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Developer Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. <br />
<br />
B. Title and intellectual property rights in and to any content displayed by or accessed through the Developer Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.<br />
<br />
2. Permitted License Uses and Restrictions.<br />
A. License. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Developer Software on Apple-branded computers to develop and test application and other software. You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. <br />
<br />
B. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Developer Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple: (i) only one user may use the Developer Software at a time, and (ii) you may not make the Developer Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, sublicense or otherwise redistribute the Developer Software or exploit any services provided by or through the Developer Software in any unauthorized way. <br />
<br />
C. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Developer Software or any services provided by or through the Developer Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the Open-Sourced Components or Sample Code). <br />
<br />
D. Sample Code. Certain portions of the Developer Software consist of sample or example code provided by Apple ("Sample Code"). You may use, reproduce, modify and redistribute such Sample Code only in accordance with the licensing terms accompanying such Sample Code or related project(s).<br />
<br />
E. QuickTime Development Software. You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported OS X and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime.<br />
<br />
F. Use of System-Provided Images. The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for OS X and iOS ("System-Provided Images") are licensed to you solely for the purpose of developing OS X and iOS applications, respectively, using the Developer Software. Upon termination of this License, you may continue to distribute the System-Provided Images as used within software you developed using the Developer Software; however, you agree to provide to Apple, at Apple's request, a copy of any software you developed using the Developer Software that incorporates any of the System-Provided Images so Apple may determine, in its sole discretion, whether your use of the System-Provided Images complies with these terms.<br />
<br />
G. Location Services; Consents. <br />
1. Apple may enable you to access certain location-based application programming interfaces (APIs) (e.g., Core Location) documented by Apple (“Location APIs”) through the Developer Software. Subject to these terms and conditions, you may use such APIs and services only to enable software programs you develop for use on OS X (“Applications”) to access location data (e.g. the real-time geographic location of a user’s computer) from users who consent to such access. For Applications that use Location APIs or otherwise provide location-based services, you agree that such Applications may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. For Applications that use Location APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), you must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.<br />
<br />
2. You agree that neither you nor your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, neither you nor your Applications may collect, transmit, maintain, process or utilize the user's location information or data through the Location APIs. You understand and agree that you and your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving your Application, including but not limited to your Application’s use of the Location APIs.<br />
<br />
H. Compliance with Laws. You agree to use the Developer Software and the services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Developer Software or services.<br />
<br />
3. Transfer. You may make a one-time permanent transfer of all of your license rights to the Developer Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Developer Software, including all its component parts and this License; (b) you do not retain any copies of the Developer Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Developer Software accepts the terms and conditions of this License. You may not transfer any Developer Software that has been modified or replaced under Section 13 below. All components of the Developer Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.<br />
<br />
4. Consent to Use of Data.<br />
A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Developer Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. <br />
<br />
B. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/privacy/.<br />
<br />
5. Services; Mac Developer Program.<br />
A. Apple may provide access to services by or through the Developer Software for you to use. Use of these services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. If you elect to use such services in conjunction with the Developer Software, your usage of such services will be subject to those additional terms and conditions (e.g., your use of Developer IDs obtained from your Apple Developer Program account will be subject to the applicable Apple Developer Program terms for Developer IDs), but this License will continue to apply to your use of the Developer Software licensed hereunder. If you would like to submit Applications you develop to the Mac App Store, then you must apply to join the Mac Developer Program. More information about Apple’s Developer Programs is available at http://developer.apple.com/. Apple reserves the right to refuse admission to any of its Developer Programs at any time in its sole discretion. <br />
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B. You agree that the services contain proprietary content, information and material that is owned by Apple and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. Except to the extent expressly permitted in the applicable terms for the services, You agree not to reproduce, modify, rent, lease, lend, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the services in any unauthorized way whatsoever, including but not limited to, using the services to transmit any malware, or by trespass or burdening network capacity. <br />
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C. In addition, services that may be accessed, linked to or displayed by or through the Developer Software may not be available in all languages or in all countries. Apple makes no representation that any such services would be appropriate or available for use in any particular location. Apple reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will Apple be liable for the removal of or disabling of access to any such services or for any updates, maintenance, warranty, technical or other support for such services. Apple may also impose limits or other restrictions on the use of or access to the services, in any case without notice or liability. You acknowledge and agree that Apple reserves the right to revoke or remove your access to any services provided by or through the Developer Software at any time in its sole discretion.<br />
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6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Developer Software is released which is incompatible with this version of the Developer Software. Upon the termination of this License, you shall cease all use of the Developer Software and destroy all copies, full or partial, of the Developer Software. Section 2B, 2C, 4, 5B, and 6 through 13 of this License shall survive any termination.<br />
<br />
7. Disclaimer of Warranties. <br />
A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. <br />
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B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVELOPER SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. <br />
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C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVELOPER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE DEVELOPER SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS DEVELOPER SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.<br />
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D. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DEVELOPER SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. <br />
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E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEVELOPER SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. <br />
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8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVELOPER SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE DEVELOPER SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.<br />
<br />
9. Export Control. You may not use or otherwise export or re-export the Developer Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Developer Software was obtained. In particular, but without limitation, the Developer Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Developer Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Developer Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.<br />
<br />
10. Government End Users. The Developer Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.<br />
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11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. <br />
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12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Developer Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. The parties hereto confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.<br />
<br />
13. Third Party Acknowledgements. <br />
A. Certain components of the Developer Software, and third party open source programs included with the Developer Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Developer Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Developer Software. You expressly acknowledge that if failure of or damage to Apple hardware results from modification of the Open-Sourced Components of the Developer Software, such failure or damage is excluded from the terms of the Apple hardware warranty.<br />
<br />
B. Certain software libraries and other third party software included with the Developer Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Developer Software.<br />
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C. The Developer Software includes certain software licensed under the IBM Public License Version 1.0 (IPL) or the Common Public License Version 1.0 (CPL). A copy of the source code for the IPL and CPL licensed software may be found in Apple’s Open Source repository. See Apple's Open Source web site (<http://www.opensource.apple.com>/) for information on how to obtain the source code. THE IPL AND CPL SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br />
<br />
EA1056<br />
8/28/2013</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2482
My Legal Life
2015-11-16T01:04:20Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]<br />
* [[XCode and Mac SDK]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=American_Express&diff=2481
American Express
2015-11-15T12:45:16Z
<p>Brianegge: Created page with "American Express Terms & Conditions For Account Alerts & Text MYAMEX (“Agreement”) Last Modified: November 4, 2014 PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIO..."</p>
<hr />
<div>American Express Terms & Conditions<br />
For<br />
Account Alerts & Text MYAMEX<br />
(“Agreement”)<br />
Last Modified: November 4, 2014<br />
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING FOR AND USING THE AMERICAN EXPRESS ACCOUNT ALERTS AND TEXT MYAMEX PROGRAMS (INDIVIDUALLY AND COLLECTIVELY, THE "SERVICE"). BY REGISTERING FOR AND USING THE SERVICE OR BY OTHERWISE INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. ("AXP", "we" or "us") AND YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES. AXP IS WILLING TO PROVIDE YOU THE SERVICE ONLY IF YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT COMPLETE YOUR REGISTRATION FOR THE SERVICE, AND/OR YOU MUST STOP USING THE SERVICE.<br />
Table of Contents<br />
A. Definitions<br />
B. No Amendment of Existing Terms and Conditions For Cards<br />
C. Text Alerts Details<br />
D. Account Alerts by E-mail<br />
E. Account Alerts via Facebook<br />
F. Fees<br />
G. Information<br />
H. Availability/Interruption/Termination<br />
I. Use of Service/Equipment<br />
J. Privacy and Security<br />
K. Passwords and Unauthorized Usage<br />
L. Changes to this Agreement<br />
M. No Warranties/Limitation of Liability<br />
N. Indemnity<br />
O. Assignment<br />
P. Notices<br />
Q. Equipment Requirements<br />
R. Entire Agreement<br />
S. Governing Laws<br />
T. Miscellaneous Provisions<br />
A.Definitions<br />
The Service is provided by us through the facilities of a wireless service provider(s) selected by you ("Wireless Service Provider") or a computer having access to the Internet ("Computer"). A "Content Provider" is a third party content provider to the source. A "Technology Provider" is a third party provider of technology services necessary to operate the Service. "Equipment" means the wireless receiving equipment through which you intend to access and use the Service. "System" means the computer hardware and software owned or operated by AXP or any Technology Provider and used in providing the Service.<br />
B.No Amendment of Existing Terms and Conditions For Cards<br />
THE NOTIFICATIONS THAT YOU SELECT TO BE PROVIDED TO YOU THROUGH THIS SERVICE (INCLUDING VIA E-MAIL OR SHORT MESSAGE SERVICE) ARE FOR CONVENIENCE PURPOSES ONLY. UNLESS SPECIFICALLY STATED OTHERWISE, THE NOTIFICATIONS ARE NOT REAL TIME AND WILL ONLY BE SENT DURING THE TIMES SELECTED BY YOU (IF SUCH OPTION IS AVAILABLE) OR US. THEY DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH THE CARD ACCOUNT(S) FOR WHICH YOU WILL RECEIVE ALERTS (“Designated Card Account(s)”), INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED IN A MONTHLY PERIODIC STATEMENT OR CARDMEMBER AGREEMENT. THIS SERVICE IS PROVIDED TO YOU, AND THIS AGREEMENT IS MADE, PURSUANT TO THE CARDMEMBER AGREEMENT APPLICABLE TO THE DESIGNATED CARD ACCOUNT(S). ALL TERMS AND CONDITIONS OF THE CARDMEMBER AGREEMENT, INCLUDING WITHOUT LIMITATION ANY APPLICABLE ARBITRATION OR DISPUTE RESOLUTION PROVISIONS, APPLY TO YOUR USE OF THE SERVICE UNLESS SPECIFICALLY MODIFIED BY THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT A CARD ACCOUNT OR ITS STATUS (SUCH AS THE CURRENT AVAILABLE CREDIT / SPENDING LIMIT OR THE PAYMENT DUE) YOU SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE OUR ONLINE CUSTOMER SUPPORT AVAILABLE AT THE AMERICAN EXPRESS WEBSITE (http://www.americanexpress.com).<br />
C.Text Alerts Details<br />
1.General<br />
You may subscribe to receive the Service on your wireless device or other Equipment via short message service, otherwise known as “text messages” (“Text Alerts”)). If you subscribe to any of our Text Alerts (including American Express Account Alerts, via short message service, or Text MYAMEX), you agree to receive text messages from AXP at the mobile number you have provided for such purposes. NOTE: If you edit the mobile number used to receive Account Alerts, this will also modify the number we use to send you Text MYAMEX Text Alerts and you must verify your consent to continue to receive Text MYAMEX Text Alerts or we will discontinue your registration in Text MYAMEX. If you plan to discontinue using a mobile number, and you do not wish to edit your mobile number to continue using the Service, please terminate your use of the Service by replying STOP to any Account Alert you receive from us, or by deleting your mobile number from your Online Account Profile.<br />
You may cancel your subscription to all Text Alerts by replying “STOP” to any Text Alert you receive from us, and you understand that, for your protection, you may receive a text message on your mobile number confirming your cancellation. If you require information or assistance, reply “HELP” to any text message you receive from us, or call the toll-free number on the back of your Card.<br />
2.Account Alerts Text Alerts<br />
Account Alerts is a subscription service, where you may receive multiple messages, via Text Alerts, the frequency and availability of which will depend on the Card account(s) and activity as well as the preferences you have (or have not) set for the Service. For example, Account Alerts may include information about payments, spending, rewards and fraud protection.<br />
When you first sign-up for Account Alerts, your preferences (e.g., which specific categories or sub-categories of Account Alerts you may receive) may be set to default you into receiving certain Account Alerts. You may adjust your preferences at any time in the Account Alerts tab of the Online Account Profile page on our website or reply "STOP" to any Account Alert you receive from us, but in any event we may send you messages following your request to receive, change or terminate the Service, or change your Online Account Profile information. You understand that your Wireless Service Providers message and data rates may apply to Account Alerts Text Alerts, and may appear on your wireless bill or be deducted from your pre-paid balance.<br />
You may cancel your subscription to Account Alerts Text Alerts at any time by logging into your Online Account and changing your preferences, or by replying "STOP" to any Account Alert you receive from us, and you understand that, for your protection, you may receive a text message on your mobile number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive from us, or call the toll-free number on the back of your Card.<br />
3.Text MYAMEX<br />
Text MYAMEX is an on-demand Text Alerts service you can use to retrieve Card information (for example, outstanding balance, payment due date, and most recent payment). When you send the appropriate command by text message from your mobile device after successfully enrolling in Text MYAMEX, AXP will reply with an automatic text message with the account information you requested. You understand that your Wireless Service Providers message and data rates may apply to Text MYAMEX Text Alerts, and may appear on your wireless bill or be deducted from your pre-paid balance.<br />
You may cancel your enrollment in Text MYAMEX at any time by replying "STOP" to any Text MYAMEX Text Alert you receive, and you understand that, for your protection, you may receive a text message on your mobile number confirming your cancellation. If you require information or assistance, reply "HELP" to any text message you receive, or call the toll-free number on the back of your Card.<br />
D.Account Alerts via E-mail<br />
If you subscribe to receive Account Alerts via e-mail. you may receive multiple messages, the frequency and availability of which will depend on the Card account(s) and activity as well as the preferences you have (or have not) set for the Service. When you first sign-up for Account Alerts, your preferences (e.g., which specific categories or sub-categories of Account Alerts you may receive) may be set to default you into receiving certain Account Alerts. You may adjust your preferences at any time in the Account Alerts tab of the Online Account Profile page on our website.<br />
You may cancel your receipt of Account Alerts by e-mail by logging into your Online Account and changing your preferences, or by following the instructions in any e-mail you receive.<br />
E.Account Alerts via Facebook<br />
If you subscribe to receive Account Alerts via Facebook, you may receive multiple notifications, the frequency and availability of which will depend on the Card account(s) and activity as well as the preferences you have (or have not) set for the Service. In order to subscribe, you must have an active Facebook account and be logged in to such account and allow any permissions requested by the “Amex Account Services“ application on Facebook.<br />
When you first sign-up for Account Alerts, your preferences (e.g., which specific categories or sub-categories of Account Alerts you may receive) may be set to default you into receiving certain Account Alerts. You may adjust your preferences at any time (including turning off all Account Alerts via Facebook) in the Manage Preferences tab of the “Amex Account Services“ application on Facebook.<br />
F.Fees<br />
AXP does not charge for use of the Service or access to the Information (defined below) available as of the date you agree to this Agreement. However, your Wireless Service Provider may levy fees or charges for receipt or sending of messages by your Equipment through the Service, and you are solely responsible for such charges, which may appear on your wireless bill or be deducted from your pre-paid balance.<br />
You are also responsible for any fees associated with use of the Equipment and you represent that you are the owner or authorized user of the Equipment that you use to sign up for and to use the Service, and that you are authorized to approve any applicable charges.<br />
G.Information<br />
We are providing you with access to various types of information through the Service, which may include, without limitation, your account and other financial information directions (the "Information") solely for your own use and not for further redistribution. The Information is AXP's property and is protected by applicable law. AXP reserves any rights not expressly granted herein. All Information is believed to be accurate and timely (subject to any delays), but AXP and its Technology Providers do not warrant or guarantee such accuracy or timeliness.<br />
H.Availability/Interruption/Termination<br />
The Service and System are available through your Equipment when it is within the operating range of your Wireless Service Provider or a Computer having an active connection to the Internet. Note that Text Alerts may not be available on all Equipment, or through all wireless carriers, and not all functionalities of the Service are available on all Equipment, or through all wireless carriers. ACS Wireless, All West, Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost, C Spire Wireless, Cambridge Telecom Coop, Carolina West Wireless, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility, Cincinnati Bell, Coral Wireless, Cricket, Custer, DTC Wireless, Duet IP, Eagle Valley Comm, Element Mobile, EpicTouch, Farmers Mutual Telephone Co, GCI Communications, Golden State Cellular, Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, Leaco, Manti, MetroPCS, Mosaic, Nemont, Nex-Tech Wireless, Northwest Missouri Cellular, nTelos, Nucla Nutria Telephone Co, Panhandle Telecommunications, Peoples Wireless, Pine Cellular, Pioneer, Plateau Wireless, Revol Wireless, Silver Star, South Central Comm, Sprint, Sprocket, Syringa, Thumb Cellular, T-Mobile, U.S. Cellular, UBET, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile and West Central Wireless are participating wireless carriers for the Service.<br />
The Service is subject to transmission limitation or interruption. You acknowledge and agree that we are not responsible for performance degradation and delays due to conditions on the Internet or due to the Equipment, your Computer or actions of the Content or Technology Providers. You acknowledge that AXP, Content and Technology Providers shall not be liable to you if the Service in a given location is not available. If the Service is not available within your intended location, you agree that your sole remedy shall be to cease using the Service.<br />
We have the right to modify or terminate the Service (or any of its features) or this Agreement at any time, for any purpose, without notice to you.<br />
I.Use of Service/Equipment<br />
You agree not to use the Service for any unlawful or abusive purpose or in any way, which damages AXP's property or interferes with or disrupts the System or other users. Resale of the Service is prohibited without prior contract arrangements with us and any required regulatory approvals. You are responsible for ensuring that your Equipment and Computer are compatible with the Service and System and meets federal standards.<br />
J.Privacy and Security<br />
Any information provided to AXP by you in association with the Service shall be governed by the AXP Online Privacy Statement posted at http://www.americanexpress.com/privacy and we will endeavor to keep the notifications we send you private, viewable only by you and AXP and, to the extent necessary to deliver the Service, your Wireless Service Provider, the Technology Provider and/or the applicable third-party platform (e.g. Facebook), depending on your enrollment preferences. However, you acknowledge and agree that we shall not be liable for any messages you request while using the Service as they are delivered over facilities not under the control of AXP. Further, you acknowledge and agree that the parts of the Service are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service. We have the right to access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints. You further acknowledge and agree that by signing up for Account Alerts via Facebook, Facebook may be able to infer from your receipt of Account Alerts via Facebook that you are an AXP Cardmember. Facebook will not be able to see the content of the Account Alerts via Facebook. By granting American Express access to your Facebook public profile, you acknowledge that American Express will store your Facebook user id and use your profile photo to personalize your Account Services experience.<br />
You authorize AXP's monitoring and recording of voice calls and text messages to us concerning your account or the Service and consent to AXP's use of automatic dialing equipment to contact you. We have the right to intercept and disclose any messages over AXP's facilities in order to protect AXP's rights or property. AXP may need to look at your messages (including, without limitation, any sent or received in connection with Text Alerts) if we believe it is necessary to protect AXP or others from injury or damage. We reserve the right to take any appropriate action if we become aware of any use of the Service we believe violates any law or is otherwise wrongful.<br />
K.Passwords and Unauthorized Usage<br />
If the Service is fraudulently used, you must immediately notify us. We have the right to interrupt or restrict Service to your Equipment or Computer, without notice to you, if we suspect fraudulent or abusive activity, or for any other reason in our discretion. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate may result in your liability for all fraudulent usage. You are solely and entirely responsible for maintaining the confidentiality of the user ID and password used to manage your Online Account. Furthermore, you are solely and entirely responsible for any and all activities which occur under your Online Account. Any person able to provide the personal information requested by AXP customer support is authorized by you to receive information about the Card account, and to make changes to the Card account. We are not liable for any disclosure of information to any such person or for any changes to the Card account or your Online Account made by any such person.<br />
L.Changes to this Agreement<br />
We may change or modify this Agreement, from time to time by modifying the “Last Modified” date at the beginning of this Agreement and posting such change or modification on our website at<br />
https://online.americanexpress.com/myca/shared/summary/AccountProfile/alerts/html/alertstermsnconds.html. Any modifications to this Agreement will only affect your and our respective rights and obligations from the effective date of the change(s) and thereafter. If you do not agree with modified Agreement, you must cease using the Service If you continue to use the Service after a change in the Service or to this Agreement, you agree to such change and its applicability to you.<br />
M.No Warranties/Limitation of Liability<br />
1.No Warranties<br />
AXP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT, COMPUTER OR SOFTWARE PROVIDED BY YOU OR ANY THIRD PARTY AND IN NO WAY WARRANTS THE CAPABILITIES OF ANY SUCH EQUIPMENT, COMPUTER OR SOFTWARE USED IN CONJUNCTION WITH THE SERVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND ACCESS TO THE SYSTEM ARE AT YOUR SOLE RISK. THE SERVICE AND SYSTEM ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE ARE NOT LIABLE FOR SERVICE OR SYSTEM OUTAGES OF ANY DURATION. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE, SYSTEM, YOUR COMPUTER OR THE EQUIPMENT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON AXP's BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR YOUR COMPUTER AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. AXP MAKES NO WARRANTY THAT THE SERVICE OR SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE OR SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO AXP OR TECHNOLOGY PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. AXP OR ITS CONTENT OR TECHNOLOGY PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE OR SYSTEM AT ANY TIME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.<br />
2.Limitation of Liability for the Service<br />
AXP and its parent companies, subsidiaries and affiliates, including their directors, officers and employees (collectively, "AXP Companies") shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (i) your use of the Service, (ii) access to the System (iii) your use of any Equipment or Computer in connection with the Service or for Equipment or Computer failure or modification, (iv) the content of Information or other materials included with or accessed via use of the Service, (v) the failure to deliver any notification(s) through the Service, or the delivery of notification(s) at times different than the times that you have designated, (vi) any acts or omissions of any Content or Technology Providers or Wireless Service Providers, (vii) for system failure or modification, or (viii) any "force majeure" (i.e., any flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of AXP or its Content or Technology Providers. AXP COMPANIES OR THE CONTENT OR TECHNOLOGY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR SYSTEM, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED (OR NOT RECEIVED) THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AXP AND/OR ITS CONTENT OR TECHNOLOGY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<br />
3.Limitation of Action<br />
NEITHER OF US MAY BRING A LEGAL ACTION WITH RESPECT TO THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE LEGAL ACTION ACCRUES.<br />
4.Maximum Liability<br />
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF AXP FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00. IN STATES WHERE SUCH LIMITATIONS ON LIABILITY ARE NOT PERMITTED, AXP'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.<br />
5.Survival<br />
THIS PARAGRAPH M SHALL SURVIVE TERMINATION OF THIS AGREEMENT.<br />
N.Indemnity<br />
You agree to indemnify and hold the AXP Companies harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of your use of the Service or System (or the Service or System by persons using your password, your account or your Computer or Equipment) or your violation of this Agreement. This Paragraph M shall survive termination of this agreement.<br />
O.Assignment<br />
We may assign all or part of AXP's rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without AXP's prior written consent. This Agreement is for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.<br />
P.Notices<br />
Written notices to you shall be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in AXP's files or immediately upon transmission of an e-mail to you at the e-mail address kept in AXP's files. Your notice must specify your name and Equipment address registered to access the Service. We will not give you notice of any subpoenas or court orders related to your account or use of the Service unless required by law.<br />
Q.Equipment Requirements<br />
In order to access AXP agreements and communications electronically, you must have a personal computer or Equipment equipped with a 128-bit JavaScript enabled Browser, Internet access, and a valid e-mail account supported by software to enable you to receive e-mail messages. In order to store AXP agreements and communications made electronically, you need to have a printer connected to your computer so that you can print such agreements or communications, or you need to have a hard drive or disk drive to download such agreements or communications electronically. You hereby attest that you have the required computer hardware and software.<br />
R.Entire Agreement<br />
This Agreement, along with the terms and conditions of the Cardmember Agreement(s) applicable to the Designated Card Account(s), which are incorporated in this Agreement by reference, represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.<br />
S.Governing Laws<br />
Notwithstanding the terms and conditions of the Cardmember Agreement(s) applicable to the Designated Card Account(s), this Agreement is subject to applicable federal laws and the laws of the State of New York, without regard to its conflicts of law principles.<br />
T.Miscellaneous Provisions<br />
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and reasonable attorneys' fees from the other party.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2480
My Legal Life
2015-11-15T12:45:08Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]<br />
<br />
November 15, 2015<br />
* [[American Express]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=AmtrakConnect&diff=2479
AmtrakConnect
2015-11-04T01:32:39Z
<p>Brianegge: Created page with "AmtrakConnect℠ Terms of Service Please read the following information carefully before using AmtrakConnect℠. You may not use AmtrakConnect without accepting these AmtrakC..."</p>
<hr />
<div>AmtrakConnect℠ Terms of Service<br />
<br />
Please read the following information carefully before using AmtrakConnect℠. You may not use AmtrakConnect without accepting these AmtrakConnect Terms of Service ("Terms of Service"). These Terms of Service represent a binding agreement ("Agreement") between you and the National Railroad Passenger Corporation, commonly known as Amtrak ("Amtrak").<br />
<br />
Acceptance of Terms of Service<br />
<br />
BY CLICKING ON "I AGREE. GET CONNECTED" ON THE AMTRAKCONNECT START PAGE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS AGREEMENT.<br />
<br />
If you do not agree to these Terms of Service, you may not use AmtrakConnect. Your electronic acceptance of the Agreement by clicking on "I Agree" on the start page has the same effect as if you had actually signed the Agreement.<br />
<br />
If you choose to use other Amtrak services while using AmtrakConnect, your use will be governed by the terms and conditions provided to you in association with those services.<br />
<br />
A Note About Changes to These Terms of Service<br />
<br />
Please note that these Terms of Service may change at any time without special notice to you. Please check back to review these Terms of Service whenever you connect to AmtrakConnect as you will be deemed to have read, understood, received notice of, and agreed to any changes. These Terms of Service supersede all previous terms or statements concerning AmtrakConnect. The date of the last update to these Terms of Service is always indicated near the top of the page and any change in the date of these Terms of Service since the last time you connected shall constitute notice to you that the Terms of Service have changed since the last time you connected.<br />
<br />
Fee for AmtrakConnect<br />
<br />
AmtrakConnect is provided free of charge to Amtrak passengers. However, Amtrak reserves the right at any time to charge for use of AmtrakConnect.<br />
<br />
Your Responsibilities<br />
<br />
AmtrakConnect is a wireless network that allows you to connect to the Internet. An 802.11g/n-compatible device is required to enable AmtrakConnect to operate. You are responsible for supplying any necessary equipment, technology and software to use AmtrakConnect. You are responsible for ensuring that your device is compatible with AmtrakConnect and that it meets federal and other applicable standards. Network speed will vary based on device configuration, compression and network congestion. The availability and performance of the Service is subject to all limitations in the device.<br />
<br />
You understand that AmtrakConnect, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted. You agree that you are solely responsible for providing security measures that are suited for your intended use of AmtrakConnect, including protecting your data and equipment from viruses, spyware and other harmful components. You also agree that you are solely responsible for any security breach or accidental disclosure of your personal information in your use of AmtrakConnect.<br />
<br />
You are responsible for paying any charges that you incur from third parties through your use of AmtrakConnect.<br />
<br />
Proper Use<br />
<br />
As a courtesy to your fellow passengers, you must turn off any audible sound or use headphones while accessing AmtrakConnect. As AmtrakConnect is a shared Internet connection, we ask that you refrain from downloading large files and playing streaming video so that there is adequate bandwidth for fellow passengers. Amtrak reserves the right to restrict access to certain audio and video streaming sites and will block access to external sites as necessary to prevent use of excess bandwidth for audio and video streaming.<br />
<br />
You agree to use AmtrakConnect in compliance with these Terms of Service and that you will not use AmtrakConnect in a manner prohibited by any federal, state, or local law or regulation, and will abide by these Terms of Service. You may not use AmtrakConnect or allow AmtrakConnect to be used, for any purpose or in any way that interferes with or disrupts other passengers or Amtrak's operations or network or damages Amtrak's property.<br />
<br />
Improper uses include, but are not limited to:<br />
<br />
Violating any applicable law or regulation;<br />
Posting or transmitting content you do not have the right to post or transmit;<br />
Posting or transmitting content that infringes or violates a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;<br />
Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, threatening, obscene, hateful, harmful or otherwise objectionable as determined in Amtrak's sole discretion;<br />
Harming, or attempting to harm, minors in any way;<br />
Attempting to intercept, collect or store data about third parties without their knowledge or consent;<br />
Accessing, tampering with or using non-public areas of AmtrakConnect, computer systems or network;<br />
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;<br />
Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";<br />
Using, or attempting to use, AmtrakConnect to send altered, deceptive or false source-identifying information;<br />
Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to AmtrakConnect, overloading, "flooding," "spamming," "crashing," or "mailbombing" AmtrakConnect; and<br />
Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; forging headers or otherwise manipulating identifiers in order to disguise the origin of any material transmitted through AmtrakConnect.<br />
Third Party Services<br />
<br />
AmtrakConnect may allow you to view, access or download content, data, services, or products that are provided by third parties ("Third Party Services"). Amtrak does not control, does not endorse, and is not responsible for such Third Party Services, including any Third Party Services provided on the AmtrakConnect landing page. You acknowledge and agree that Amtrak is not liable for any loss or damage which may be incurred by you as a result of the availability of Third Party Services, or as a result of any reliance placed by you on the completeness, accuracy or existence of any information, advertising, products or other materials on, or available from, Third Party Services. You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are viewed or accessed, and consequently, your ability to use AmtrakConnect to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that Amtrak shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services.<br />
<br />
Amtrak may, but is not obliged to, block data transmissions to protect Amtrak, AmtrakConnect, or the public.<br />
<br />
Disclaimer of Warranties<br />
<br />
Amtrak disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through AmtrakConnect. Amtrak disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Amtrak disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through AmtrakConnect.<br />
<br />
AMTRAKCONNECT, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN AMTRAKCONNECT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. AMTRAK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AMTRAK DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF AMTRAKCONNECT. AMTRAK DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH AMTRAKCONNECT. AMTRAK DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON AMTRAKCONNECT OR RECEIVED THROUGH ANY LINKS PROVIDED BY AMTRAKCONNECT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN AMTRAKCONNECT.<br />
<br />
YOU UNDERSTAND AND AGREE THAT (A) AMTRAKCONNECT WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT AMTRAKCONNECT WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C) AMTRAKCONNECT HAS NO CONTROL OVER THIRD PARTY SERVICES OR SITES YOU MAY VIEW OR ACCESS IN THE COURSE OF YOUR USE OF AMTRAKCONNECT, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF AMTRAKCONNECT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.<br />
<br />
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.<br />
Support and Feedback<br />
<br />
Amtrak provides printed materials with basic information on how to connect to AmtrakConnect. Amtrak does not expressly provide technical support or troubleshooting any connectivity issues, problems, or questions that may arise. Amtrak employees cannot assist in making changes to your network settings or perform any troubleshooting on your computer. For any questions that are not addressed in Amtrak's published materials, please consult the manual or manufacturer of your device. Amtrak employees are not required to know how to assist with any technical questions or issues you may have with regard to your use of AmtrakConnect, but will be glad to answer questions as and when they are able to the extent that their knowledge permits. Amtrak welcomes your feedback at www.amtrak.com/contactus.<br />
<br />
Limitation of Liability and Indemnification<br />
<br />
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMTRAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AMTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT AMTRAK IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOURS OR OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARISING ON, FROM, OR IN CONNECTION WITH AMTRAKCONNECT.<br />
<br />
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL AMTRAK BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR-CONDITIONING.<br />
<br />
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH AMTRAKCONNECT, OR WITH ANY PROVISIONS IN THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AMTRAKCONNECT.<br />
<br />
AMTRAK MAY TERMINATE YOUR ACCESS TO AMTRAKCONNECT AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT CAUSE, AND WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION.<br />
<br />
You agree to hold harmless and indemnify Amtrak and its officers, directors, employees, contractors and agents harmless from and against any third party claim arising from or in any way related to your use of AmtrakConnect, including liability, damages or costs (including litigations costs and attorneys' fees). In such a case, Amtrak will provide you with written notice of such claim.<br />
<br />
Miscellaneous<br />
<br />
This Agreement is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any Federal court located in the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.<br />
<br />
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.<br />
<br />
The term Wi-Fi® is a registered mark of the Wi-Fi Alliance®. Amtrak®, Acela®, Acela Express®, Acela Club®, Acela Regional®, Adirondack®, Amfleet®, Amtrak®, AmtrakConnect℠, Amtrak Guest Rewards®, Capitol Corridor℠, Carolinian℠, Cascades®, Coast Starlight®, Empire Builder®, Empire Service®, Ethan Allen Express®, Keystone Service®, Lincoln Service®, Maple Leaf℠, Northeast Regional℠, Pacific Surfliner®, Palmetto®, Pennsylvanian℠, San Joaquin®, Vermonter℠, AmtrakConnect℠ and Enjoy the journey℠ are trademarks and service marks of the National Railroad Passenger Corporation.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2478
My Legal Life
2015-11-04T01:32:30Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]<br />
<br />
November 3, 2015<br />
* [[AmtrakConnect]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Apple_News_Content_Agreement&diff=2477
Apple News Content Agreement
2015-11-01T21:45:46Z
<p>Brianegge: Created page with "By clicking to agree to this Schedule 2, which is hereby offered to You by Apple, You agree with Apple to amend that certain Apple Developer Program License Agreement currentl..."</p>
<hr />
<div>By clicking to agree to this Schedule 2, which is hereby offered to You by Apple, You agree with Apple to amend that certain Apple Developer Program License Agreement currently in effect between You and Apple (the "Agreement") to add this Schedule 2 thereto (supplanting any existing Schedule 2). Except as otherwise provided herein, all capitalized terms shall have the meanings set forth in the Agreement.<br />
<br />
Schedule 2<br />
<br />
1. Appointment of Agent and Commissionaire<br />
<br />
1.1 You hereby appoint Apple and Apple Subsidiaries (collectively "Apple") as: (i) Your agent for the marketing and delivery of the Licensed Applications to End-Users located in those countries listed on Exhibit A, Section 1 to this Schedule 2, subject to change; and (ii) Your commissionaire for the marketing and delivery of the Licensed Applications to End-Users located in those countries listed on Exhibit A, Section 2 to this Schedule 2, subject to change, during the Delivery Period. The most current list of App Store countries among which you may select shall be set forth in the iTunes Connect tool and may be updated by Apple from time to time. You hereby acknowledge that Apple will market and make the Licensed Applications available for download by End-Users through one or more App Stores, for You and on Your behalf. For purposes of this Schedule 2, the following definitions apply:<br />
<br />
(a) "You" shall include iTunes Connect users authorized by You to submit Licensed Applications and associated metadata on Your behalf; and<br />
<br />
(b) "End-User" includes individual purchasers as well as eligible users associated with their account via Family Sharing. For institutional customers, “End-User” shall mean the individual authorized to use the Licensed Application by the institutional purchaser, the institutional administrator responsible for management of installations on shared devices, as well as authorized institutional purchasers themselves, including educational institutions approved by Apple, which may acquire the Licensed Applications for use by their employees, agents, and affiliates.<br />
1.2 In furtherance of Apple's appointment under Section 1.1 of this Schedule 2, You hereby authorize and instruct Apple to:<br />
<br />
(a) market, solicit, and obtain orders on Your behalf for Licensed Applications from End-Users located in the countries identified by You in the iTunes Connect tool;<br />
<br />
(b) provide hosting services to You subject to the terms of the Agreement, in order to allow for the storage of, and End-User access to, the Licensed Applications and to enable third party hosting of such Licensed Applications solely as otherwise licensed or authorized by Apple;<br />
<br />
(c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and download by End-Users, including adding the Security Solution and other optimizations identified in the Agreement;<br />
<br />
(d) allow or, in the case of cross-border assignments of VPP purchases, arrange for End-Users to access and re-access copies of the Licensed Applications, so that End-Users may acquire and electronically download those Licensed Applications developed by You, Licensed Application Information, and associated metadata through one or more App Stores, and You hereby authorize distribution of Your Licensed Applications under this Schedule 2 for use by multiple End-Users when the Licensed Application is purchased by an individual account associated with other family members via Family Sharing, including at your election as indicated in the iTunes Connect tool, purchases made prior to the execution of this Schedule 2, as well as a single institutional customer via the Volume Purchase Program for use by its End-Users and/or for installation on devices with no associated iTunes Account that are owned or controlled by that institutional customer in accordance with the Volume Purchase Program terms, conditions, and program requirements;<br />
<br />
(e) issue invoices for the purchase price payable by End-Users for the Licensed Applications;<br />
<br />
(f) use (i) screen shots, previews, and/or up to 30 second excerpts of the Licensed Applications; (ii) trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application Information, for promotional purposes in marketing materials and gift cards, excluding those portions of the Licensed Applications, trademarks or logos, or Licensed Application Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Licensed Applications are delivered by You to Apple under Section 2.1 of this Schedule 2, and use images and other materials that You may provide to Apple, at Apple's reasonable request, for promotional purposes in marketing materials and gift cards;<br />
<br />
(g) otherwise use Licensed Applications, Licensed Application Information and associated metadata as may be reasonably necessary in the marketing and delivery of the Licensed Applications in accordance with this Schedule 2. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 2; and<br />
<br />
(h) facilitate distribution of pre-release versions of Your Licensed Applications ("Beta Testing") to End-Users designated by You in accordance with the Agreement, availability, and other program requirements as updated from time to time in the iTunes Connect tool. For the purposes of such Beta Testing, You hereby waive any right to collect any purchase price, proceeds or other remuneration for the distribution and download of such pre-release versions of your Application. You further agree that You shall remain responsible for the payment of any royalties or other payments to third parties relating to the distribution and use of your pre-release Licensed Applications, as well as compliance with any and all laws for territories in which such Beta Testing takes place. For the sake of clarity, no commission shall be owed to Apple with respect to such distribution.<br />
1.3 The parties acknowledge and agree that their relationship under this Schedule 2 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Licensed Applications, as provided in this Schedule 2. The parties acknowledge and agree that Your appointment of Apple as Your agent or commissionaire, as the case may be, under this Schedule 2 is non-exclusive. You hereby represent and warrant that You own or control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent and/or commissionaire for the delivery of Your Licensed Applications, and that the fulfillment of such appointment by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party.<br />
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1.4 For purposes of this Schedule 2, the "Delivery Period" shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that Apple's appointment as Your agent and commissionaire shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your End-Users, subsections 1.2(b), (c), and (d) of this Schedule 2 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2.<br />
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2. Delivery of the Licensed Applications to Apple<br />
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2.1 You will deliver to Apple, at Your sole expense, using the iTunes Connect tool or other mechanism provided by Apple, the Licensed Applications, Licensed Application Information and associated metadata, in a format and manner prescribed by Apple, as required for the delivery of the Licensed Applications to End-Users in accordance with this Schedule 2. Metadata You deliver to Apple under this Schedule 2 will include: (i) the title and version number of each of the Licensed Applications; (ii) the countries You designate, in which You wish Apple to allow End-Users to download those Licensed Applications; (iii) any copyright or other intellectual property rights notices; (iv) Your privacy policy, if any; (v) Your End-User license agreement (“EULA”), if any, in accordance with Section 4.2 of this Schedule 2; and (vi) any additional metadata set forth in the Documentation and/or the iTunes Connect Tool as may be updated from time to time, including metadata designed to enhance search and discovery for content on Apple-branded hardware.<br />
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2.2 All Licensed Applications will be delivered by You to Apple using software tools, a secure FTP site address and/or such other delivery methods as prescribed by Apple.<br />
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2.3 You hereby certify that all of the Licensed Applications You deliver to Apple under this Schedule 2 are authorized for export from the United States to each of the countries listed in Exhibit A hereto, in accordance with the requirements of all applicable laws, including but not limited to the United States Export Administration Regulations, 15 C.F.R. Parts 730-774 and the International Traffic In Arms Regulations 22 C.F.R. Parts 120-130. Without limiting the generality of this Section 2.3, You certify that (i) none of the Licensed Applications contains, uses or supports any data encryption or cryptographic functions; or (ii) in the event that any Licensed Application contains, uses or supports any such data encryption or cryptographic functionality, You certify that you have complied with the United States Export Administration Regulations, and are in possession of, and will upon request provide Apple with, a PDF copy of Your Encryption Registration Number (ERN), or export classification ruling (CCATS) issued by the United States Commerce Department, Bureau of Industry and Security and PDF copies of appropriate authorizations for that Licensed Application, as required. You acknowledge that Apple is relying upon Your certification in this Section 2.3 in allowing End-Users to access and download the Licensed Applications under this Schedule 2. Except as provided in this Section 2.3, Apple will be responsible for compliance with the requirements of the Export Administration Regulations in allowing End-Users to access and download the Licensed Applications under this Schedule 2.<br />
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3. Delivery of the Licensed Applications to End-Users<br />
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3.1 You acknowledge and agree that Apple, in the course of acting as agent and/or commissionaire for You, is hosting, or pursuant to Section 1.2(b) of this Schedule 2 may enable authorized third parties to host, the Licensed Applications, and is allowing the download of those Licensed Applications by End-Users, on Your behalf. However, You are responsible for hosting and delivering content or services sold by You using the In-App Purchase API, except for content that is included within the Licensed Application itself (i.e., the In-App Purchase simply unlocks the content) or content hosted by Apple pursuant to section 3.3 of Attachment 2 to the Agreement. All of the Licensed Applications shall be marketed by Apple, on Your behalf, to End-Users at prices identified in a price tier and designated by You, in Your sole discretion, from the pricing schedule attached to this Schedule 2 as Exhibit C, which may be updated from time to time by Apple on iTunes Connect. In addition, you may, at your election via iTunes Connect, instruct Apple to market the Licensed Applications at a discount of 50% of Your established price tier for authorized institutional customers. You may change the price tier for any Licensed Application at any time, at Your discretion, in accordance with the pricing schedule set forth on that Exhibit C as updated from time to time, using tools provided on the iTunes Connect tool. As Your agent and/or commissionaire, Apple shall be solely responsible for the collection of all prices payable by End-Users for Licensed Applications acquired by those End-Users under this Schedule 2.<br />
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3.2 In the event that the sale or delivery of any of the Licensed Applications to any End-User is subject to any sales, use, goods and services, value added, or other similar tax or levy, under applicable law, responsibility for the collection and remittance of that tax for sales of the Licensed Applications to End-Users will be determined in accordance with Exhibit B to this Schedule 2 as updated from time to time via the iTunes Connect site. For the sake of clarity, Apple shall not be responsible for the collection and remittance of telecommunications and similar taxes. You shall indemnify and hold Apple harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest thereon.<br />
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3.3 In furtherance of the parties' respective tax compliance obligations, Apple requires that You comply with the requirements listed on Exhibit D to this Schedule 2 or on iTunes Connect depending upon, among other things, (i) Your country of residence and (ii) the countries designated by You in which You wish Apple to allow access to the Licensed Applications. In the event that Apple collects any amounts corresponding to the purchase price for any of Your Licensed Applications before You have provided Apple with any tax documentation required under Exhibit D to this Schedule 2, Apple will not remit those amounts to You, but will hold those amounts in trust for You, until such time as You have provided Apple with the required tax documentation. Upon receipt of all required tax documents from You, Apple will remit to You any amounts held in trust by Apple for You, without interest, under this Section 3.3, in accordance with the provisions of this Schedule 2.<br />
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3.4 Apple shall be entitled to the following commissions in consideration for its services as Your agent and/or commissionaire under this Schedule 2:<br />
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(a) For sales of Licensed Applications to End-Users located in those countries listed in Exhibit B, Section 1 of this Schedule 2 as updated from time to time via the iTunes Connect site, Apple shall be entitled to a commission equal to thirty percent (30%) of all prices payable by each End-User. For purposes of determining the commissions to which Apple is entitled under this Section 3.4(a), the prices payable by End-Users shall be net of any and all taxes collected, as provided in Section 3.2 of this Schedule 2.<br />
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(b) For sales of Licensed Applications to End-Users located in those countries listed in Exhibit B, Section 2 of this Schedule 2 as updated from time to time via the iTunes Connect site, Apple shall be entitled to a commission equal to thirty percent (30%) of all prices payable by each End-User. <br />
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Except as otherwise provided in Section 3.2 of this Schedule 2, Apple shall be entitled to the commissions specified in Sections 3.4(a) and 3.4(b) hereof without reduction for any taxes or other government levies, including any and all taxes or other, similar obligations of You, Apple or any End-User relating to the delivery or use of the Licensed Applications.<br />
3.5 Upon collection of any amounts from any End-User as the price for any Licensed Application delivered to that End-User hereunder, Apple shall deduct the full amount of its commission with respect to that Licensed Application, and any taxes collected by Apple under Section 3.2 hereof, and shall remit to You, or issue a credit in Your favor, as the case may be, the remainder of those prices in accordance with Apple standard business practices, including the following: remittance payments (i) are made by means of wire transfer only; (ii) are subject to minimum monthly remittance amount thresholds; (iii) require You to provide certain remittance- related information on the iTunes Connect site; and (iv) subject to the foregoing requirements, will be made no later than forty-five (45) days following the close of the monthly period in which the corresponding amount was received by Apple from the End-User. No later than forty-five (45) days following the end of each monthly period, Apple will make available to You on the iTunes Connect site a sales report in sufficient detail to permit You to identify the Licensed Applications sold in that monthly period and the total amount to be remitted to You by Apple. You hereby acknowledge and agree that Apple shall be entitled to a commission, in accordance with this Section 3.5 on the delivery of any Licensed Application to any End-User, even if Apple is unable to collect the price for that Licensed Application from that End-User. In the event that the purchase price received by Apple from any End-User for any Licensed Application is in a currency other than the remittance currency agreed between Apple and You, the purchase price for that Licensed Application shall be converted to the remittance currency, and the amount to be remitted by Apple to You shall be determined, in accordance with an exchange rate fixed for the Delivery Period, as reflected in Exhibit C attached hereto as updated from time to time pursuant to section 3.1 of this Schedule 2. Apple may provide a means on iTunes Connect to enable You to designate a primary currency for the bank account designated by You for receiving remittances ("Designated Currency"). Apple may cause Apple's bank to convert all remittances in any remittance currency other than the Designated Currency into the Designated Currency prior to remittance to You. You agree that any resulting currency exchange differentials or fees charged by Apple's bank may be deducted from such remittances. You remain responsible for any fees (e.g., wire transfer fees) charged by Your bank or any intermediary banks between Your bank and Apple's bank.<br />
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3.6 In the event that any price payable by any End-User for any of the Licensed Applications is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value added, or other tax or levy not collected by Apple under Section 3.2 hereof; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy shall be solely for Your account, and shall not reduce the commission to which Apple is entitled under this Schedule 2.<br />
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3.7 In the event that any remittance made by Apple to You is subject to any withholding or similar tax, the full amount of that withholding or similar tax shall be solely for Your account, and will not reduce the commission to which Apple is entitled on that transaction. If Apple reasonably believes that such tax is due, Apple will deduct the full amount of such withholding or similar tax from the gross amount owed to You, and will pay the full amount withheld over to the competent tax authorities. Apple will apply a reduced rate of withholding tax, if any, provided for in any applicable income tax treaty only if You furnish Apple with such documentation required under that income tax treaty or otherwise satisfactory to Apple, sufficient to establish Your entitlement to the benefit of that reduced rate of withholding tax. Upon Your timely request to Apple in writing, using means reasonably designated by Apple, Apple will use commercially practical efforts to report to You the amount of Apple's payment of withholding or similar taxes to the competent tax authorities on Your behalf. You will indemnify and hold Apple harmless against any and all claims by any competent tax authority for any underpayment of any such withholding or similar taxes, and any penalties and/or interest thereon, including, but not limited to, underpayments attributable to any erroneous claim or representation by You as to Your entitlement to, or Your disqualification for, the benefit of a reduced rate of withholding tax.<br />
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3.8 You may offer auto-renewing subscriptions in select Territories using the In-App Purchase API subject to the terms of this Schedule 2, provided that:<br />
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(a) Auto-renew functionality must be on a weekly, monthly, bi-monthly, tri-monthly, semi-annual or annual basis at a price You select based on the pricing matrix attached to this Schedule 2 as Exhibit C. You may, however, offer more than one option.<br />
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(b) You clearly and conspicuously disclose to users the following information regarding Your auto-renewing subscription:<br />
<br />
Title of publication or service<br />
Length of subscription (time period and/or number of deliveries during each subscription period)<br />
Price of subscription, and price per issue if appropriate<br />
Payment will be charged to iTunes Account at confirmation of purchase<br />
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period<br />
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal<br />
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase<br />
No cancellation of the current subscription is allowed during active subscription period<br />
Links to Your Privacy Policy and Terms of Use<br />
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.<br />
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(c) You must fulfill the offer during the entire subscription period, as marketed and, in the event you breach this section 3.8(c) of Schedule 2, you hereby authorize and instruct Apple to refund to the End-User the full amount, or any portion thereof in Apple's sole discretion, of the price paid by the End-User for that subscription. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that subscription. Apple will have the right to retain its commission on the sale of that subscription, notwithstanding the refund of the price to the end- user. You acknowledge that Apple may exercise its rights under section 7.3 of this Schedule 2 for repeated violations of this provision.<br />
3.9 The auto-renewing feature may be disabled if the subscription price is increased during an active subscription period.<br />
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3.10 To the extent you promote and offer for sale auto-renewing subscriptions, You must do so in compliance with all legal and regulatory requirements.<br />
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3.11 Subscription services purchased within Licensed Applications must use In-App Purchase.<br />
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In addition to using the In-App Purchase API, a Licensed Application may read or play content (magazines, newspapers, books, audio, music, video) that is offered outside of the Licensed Application (such as, by way of example, through Your website) provided that You do not link to or market external offers for such content within the Licensed Application. You are responsible for authentication access to content acquired outside of the Licensed Application.<br />
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3.12 If your Licensed Application is periodical content-based (e.g. magazines and newspapers), Apple may provide You with the name, email address, and zip code associated with an End-User’s account when they purchase an auto-renewing subscription via the In-App Purchase API, provided that such user consents to the provision of data to You, and further provided that You may only use such data to promote Your own products and do so in strict compliance with Your publicly posted Privacy Policy, a copy of which must be readily viewed and is consented to in Your Licensed Application. You may offer a free incentive to extend the subscription if the user agrees to send this information.<br />
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3.13 Licensed Applications offering subscription services may be included in Apple’s Newsstand application where available, provided that, in addition to the requirements set forth in sections 3.8 et seq., You:<br />
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Enable the Licensed Application as a Newsstand app in the iTunes Connect tool<br />
Authorize Apple to select "Newsstand" as the Licensed Application's secondary category<br />
Utilize the In-App Purchase API, include any additional code, and comply with any other requirements as identified and updated from time to time in Newsstand-related documentation found in the iOS developer library and the iTunes Connect Developer Guide<br />
Provide updated cover art with each new issue<br />
Confirm that the content of the Licensed Application is a periodical (e.g. newspaper or magazine)<br />
You acknowledge and agree that Apple reserves the right to recategorize your Licensed Application if it is not appropriate for Newsstand.<br />
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3.14 Where available, You may offer multiple Licensed Applications offered by You in a single collection ("Bundle") to End-Users at a price tier designated by You as set forth in Exhibit C ("Bundle Price"). Furthermore, you hereby authorize and instruct Apple to enable users who have purchased some but not all Licensed Applications in a Bundle to access and download the remaining items in the Bundle ("Complete My Bundle" or "CMB") for the CMB Price. You will receive proceeds for the CMB Price, which shall equal the Bundle Price set by You less the sum of the retail prices paid by the user for previously purchased Licensed Applications. In the event the CMB Price is less than Tier 1 and greater than zero under Exhibit C, You hereby authorize and instruct Apple to set the CMB Price for that user at Tier 1. In the event the CMB Price is less than zero, You hereby authorize and instruct Apple to provide the remaining Licensed Applications in the Bundle to the End-User without charge. Each CMB transaction will be reflected in Your statement as follows: (i) a new sale of the full Bundle at the price paid for the bundle, identified as a CMB sale; and (ii) a return (i.e. a negative transaction) for each eligible purchased Licensed Application contained in the Bundle in the amount previously paid for the Licensed Application, each identified as a CMB return.<br />
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4. Ownership and End-User Licensing<br />
4.1 The parties acknowledge and agree that Apple shall not acquire any ownership interest in or to any of the Licensed Applications or Licensed Application Information, and title, risk of loss, responsibility for, and control over the Licensed Applications shall, at all times, remain with You. Apple may not use any of the Licensed Applications or Licensed Application Information for any purpose, or in any manner, except as specifically authorized in the Agreement or this Schedule 2.<br />
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4.2 You may deliver to Apple Your own EULA for any Licensed Application at the time that You deliver that Licensed Application to Apple, in accordance with Section 2.1 of this Schedule 2; provided, however, that Your EULA must include and may not be inconsistent with the minimum terms and conditions specified on Exhibit E to this Schedule 2 and must comply with all applicable laws in all countries where You wish Apple to allow End-Users to download that Licensed Application. Apple shall enable each End-User to review Your EULA (if any) at the time that Apple delivers that Licensed Application to that End-User, and Apple shall notify each End-User that the End-User's use of that Licensed Application is subject to the terms and conditions of Your EULA (if any). In the event that You do not furnish Your own EULA for any Licensed Application to Apple, You acknowledge and agree that each End-User's use of that Licensed Application shall be subject to Apple's standard EULA (which is part of the App Store Terms of Service).<br />
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4.3 You hereby acknowledge that the EULA for each of the Licensed Applications is solely between You and the End-User and conforms to applicable law, and Apple shall not be responsible for, and shall not have any liability whatsoever under, any EULA or any breach by You or any End-User of any of the terms and conditions of any EULA.<br />
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5. Content Restrictions and Software Rating<br />
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5.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and distribute each of the Licensed Applications, and to authorize Apple to permit End-Users to download and use each of the Licensed Applications through one or more App Stores; (b) none of the Licensed Applications, or Apple's or End-Users' permitted uses of those Licensed Applications, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and that You are not submitting the Licensed Applications to Apple on behalf of one or more third parties; (c) each of the Licensed Applications is authorized for distribution, sale and use in, export to, and import into each of the countries designated by You under Section 2.1 of this Schedule 2, in accordance with the laws and regulations of those countries and all applicable export/import regulations; (d) none of the Licensed Applications contains any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations of any of the countries You designated under Section 2.1 of this Schedule 2; (e) all information You provided using the iTunes Connect tool, including any information relating to the Licensed Applications, is accurate and that, if any such information ceases to be accurate, You will promptly update it to be accurate using the iTunes Connect tool; and (f) in the event a dispute arises over the content of Your Licensed Applications or use of Your intellectual property on the App Store, You agree to follow Apple's app dispute process on a non-exclusive basis and without any party waiving its legal rights.<br />
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5.2 You shall use the software rating tool set forth on iTunes Connect to supply information regarding each of the Licensed Applications delivered by You for marketing and fulfillment by Apple through the App Store under this Schedule 2 in order to assign a rating to each such Licensed Application. For purposes of assigning a rating to each of the Licensed Applications, You shall use Your best efforts to provide correct and complete information about the content of that Licensed Application with the software rating tool. You acknowledge and agree that Apple is relying on: (i) Your good faith and diligence in accurately and completely providing requested information for each Licensed Application; and (ii) Your representations and warranties in Section 5.1 hereof, in making that Licensed Application available for download by End-Users in each of the countries You designated hereunder. Furthermore, You authorize Apple to correct the rating of any Licensed Application of Yours that has been assigned an incorrect rating; and You agree to any such corrected rating.<br />
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5.3 In the event that any country You designated hereunder requires the approval of, or rating of, any Licensed Application by any government or industry regulatory agency as a condition for the distribution, sale and/or use of that Licensed Application, You acknowledge and agree that Apple may elect not to make that Licensed Application available for download by End-Users in that country from any App Store.<br />
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5.4 Licensed Applications that are targeted at children or otherwise likely to appeal to children, and which pressure children to make purchases (including, but not limited to, phrases such as "buy now" or "upgrade now") or persuade others to make purchases for them, should not be made available in any Territory that has deemed such marketing practices illegal. You expressly accept and agree to take full responsibility for your Licensed Applications’ compliance with applicable laws pursuant to Section 5.1(c) of this Schedule 2, including without limitation consumer protection, marketing, and gaming laws. For more information on legal requirements of countries in the European Union, see http://ec.europa.eu/justice/consumer-marketing/unfair-trade/index_en.htm<br />
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6. Responsibility and Liability<br />
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6.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any End-User. You shall be solely responsible for any and all product warranties, end- user assistance and product support with respect to each of the Licensed Applications.<br />
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6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the EULA or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the End-User's possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party.<br />
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6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Licensed Applications within ninety (90) days of the date of download of that Licensed Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8, if such period is less than ninety (90) days; or (ii) a Licensed Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the End-User the full amount of the price paid by the End-User for that Licensed Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Licensed Application. Apple will have the right to retain its commission on the sale of that Licensed Application, notwithstanding the refund of the price to the End-User.<br />
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7. Termination<br />
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7.1 This Schedule 2, and all of Apple's obligations hereunder, shall terminate upon the expiration or termination of the Agreement. Notwithstanding any such termination, Apple shall be entitled to: (i) all commissions on all copies of the Licensed Applications downloaded by End-Users prior to the date of termination (including the phase-out period set forth in Section 1.4 hereof); and (ii) reimbursement from You of refunds paid by Apple to End-Users, whether before or after the date of termination, in accordance with Section 6.3 of this Schedule 2.<br />
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7.2 In the event that You no longer have the legal right to distribute the Licensed Applications, or to authorize Apple to allow access to those Licensed Applications by End-Users, in accordance with this Schedule 2, You shall promptly notify Apple and withdraw those Licensed Applications from the App Store using the tools provided on the iTunes Connect site; provided, however, that such withdrawal by You under this Section 7.2 shall not relieve You of any of Your obligations to Apple under this Schedule 2, or any liability to Apple and/or any End-User with respect to those Licensed Applications.<br />
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7.3 Apple reserves the right to cease marketing, offering, and allowing download by End-Users of the Licensed Applications at any time, with or without cause, by providing notice of termination to You. Without limiting the generality of this Section 7.3, You acknowledge that Apple may cease the marketing and allowing download by End-Users of some or all of the Licensed Applications, or take other interim measures in Apple’s sole discretion, if Apple reasonably believes that: (i) those Licensed Applications are not authorized for export to one or more of the countries listed in Exhibit A, in accordance with the Export Administration Regulations; (ii) those Licensed Applications and/or any End-User's possession and/or use of those Licensed Applications, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or (iii) the distribution, sale and/or use of those Licensed Applications violates any applicable law in any country You designated under Section 2.1 of this Schedule 2; (iv) You have violated the terms of the Agreement, this Schedule 2, or other documentation including without limitation the App Review Guidelines; or (v) Your Licensed Applications violate Section 5.4 of this Schedule 2, including without limitation upon notice by a regulator of an alleged violation. An election by Apple to cease the marketing and allowing download of any Licensed Applications, pursuant to this Section 7.3, shall not relieve You of Your obligations under this Schedule 2.<br />
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7.4 You may withdraw any or all of the Licensed Applications from the App Store, at any time, and for any reason, by using the tools provided on the iTunes Connect site, except that, with respect to Your End-Users, You hereby authorize and instruct Apple to fulfill sections 1.2(b), (c), and (d) of this Schedule 2, which shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 2.<br />
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8. Legal Consequences<br />
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The relationship between You and Apple established by this Schedule 2 may have important legal and/or tax consequences for You. You acknowledge and agree that it is Your responsibility to consult with Your own legal and tax advisors with respect to Your legal and tax obligations hereunder.<br />
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EXHIBIT A<br />
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1. Apple as Agent<br />
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You appoint Apple Canada, Inc. ("Apple Canada") as Your agent for the marketing and End-User download of the Licensed Applications by End-Users located in the following country:<br />
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Canada<br />
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You appoint Apple Pty Limited ("APL") as Your agent for the marketing and End-User download of the Licensed Applications by End-Users located in the following countries:<br />
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Australia <br />
New Zealand<br />
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You appoint Apple Inc. as Your agent pursuant to California Civil Code §§ 2295 et seq. for the marketing and End-User download of the Licensed Applications by End-Users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
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Argentina Cayman Islands Guatemala St. Kitts & Nevis<br />
Anguilla Chile Honduras St. Lucia<br />
Antigua & Barbuda Colombia Jamaica St. Vincent & The Grenadines<br />
Bahamas Costa Rica Mexico Suriname<br />
Barbados Dominica Montserrat Trinidad & Tobago<br />
Belize Dominican Republic Nicaragua Turks & Caicos<br />
Bermuda Ecuador Panama Uruguay<br />
Bolivia El Salvador Paraguay Venezuela<br />
Brazil Grenada Peru United States<br />
British Virgin Islands Guyana<br />
You appoint iTunes KK as Your agent pursuant to Article 643 of the Japanese Civil Code for the marketing and End-User download of the Licensed Applications by End-Users located in the following country:<br />
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Japan<br />
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2. Apple as Commissionaire<br />
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You appoint iTunes Sarl as Your commissionaire pursuant to Article 91 of the Luxembourg Code de commerce for the marketing and End-User download of the Licensed Applications by End-Users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
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Albania Cyprus Jordan Micronesia, Fed<br />
Algeria Czech Republic Kazakhstan States of<br />
Angola Egypt Korea Mongolia<br />
Austria Estonia Kuwait Mozambique<br />
Azerbaijan Fiji Kyrgyzstan Namibia<br />
Bahrain Finland Laos Nepal<br />
Belarus France Latvia Netherlands<br />
Belgium Gambia Lebanon Niger<br />
Benin Germany Liberia Nigeria<br />
Bhutan Ghana Lithuania Norway<br />
Botswana Greece Luxembourg Oman<br />
Brunei Guinea-Bissau Macau Pakistan<br />
Bulgaria Hong Kong Macedonia Palau<br />
Burkina-Faso Hungary Madagascar Papua New Guinea<br />
Cambodia Iceland Malawi Philippines<br />
Cape Verde India Malaysia Poland<br />
Chad Indonesia Mali Portugal<br />
China Ireland Malta, Republic of Qatar<br />
Congo (Republic of) Israel Mauritania Romania<br />
Croatia Italy Mauritius Russia<br />
Sao Tome e Slovenia Taiwan Uganda<br />
Principe Solomon Islands Tajikistan Ukraine<br />
Saudi Arabia South Africa Tanzania United Kingdom<br />
Senegal Spain Thailand Uzbekistan<br />
Seychelles Sri Lanka Tunisia Vietnam<br />
Sierra Leone Swaziland Turkey Yemen<br />
Singapore Sweden Turkmenistan Zimbabwe<br />
Slovakia Switzerland UAE<br />
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EXHIBIT B<br />
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1. Apple shall collect and remit to the competent tax authorities the taxes described in Section 3.2 of this Schedule 2 for sales of the Licensed Applications to End-Users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
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Australia Estonia Latvia Romania<br />
Austria Finland Lithuania Slovakia<br />
Belgium France Luxembourg South Africa<br />
Bulgaria Germany Malta, Republic of Slovenia<br />
Canada Greece Netherlands Spain<br />
China* Hungary Norway Sweden<br />
Croatia Iceland Poland Switzerland<br />
Cyprus Ireland Portugal United Kingdom<br />
Czech Republic Italy United States<br />
2. Apple shall not collect and remit the taxes described in Section 3.2 of this Schedule 2 for sales of the Licensed Applications to End-Users located in the countries listed below, as updated from time to time via the iTunes Connect site. You shall be solely responsible for the collection and remittance of such taxes as may be required by local law.<br />
<br />
Albania Dominica Malawi Seychelles<br />
Algeria Dominican Republic Malaysia Sierra Leona<br />
Angola Ecuador Mali Singapore<br />
Anguilla Egypt Mauritania Solomon Islands<br />
Antigua & Barbuda El Salvador Mauritius Sri Lanka<br />
Argentina Fiji Mexico St. Kitts and Nevis<br />
Armenia Gambia Micronesia (Fed St. Lucia<br />
Azerbaijan Ghana States of) St. Vincent & The<br />
Bahamas Grenada Moldova Grenadines<br />
Bahrain Guatemala Mongolia Suriname<br />
Barbados Guinea-Bissau Montserrat Swaziland<br />
Belarus Guyana Mozambique Taiwan<br />
Belize Honduras Namibia Tajikistan<br />
Benin Hong Kong Nepal Tanzania<br />
Bermuda India New Zealand Thailand<br />
Bhutan Indonesia Nicaragua Trinidad & Tobago<br />
Bolivia Israel Niger Tunisia<br />
Botswana Jamaica Nigeria Turkey<br />
Brazil Japan Oman Turkmenistan<br />
British Virgin Islands Jordan Pakistan Turks & Caicos<br />
Brunei Kazakhstan Palau UAE<br />
Burkina-Faso Kenya Panama Uganda<br />
Cambodia Korea Papua New Guinea Ukraine<br />
Cape Verde Kuwait Paraguay Uruguay<br />
Cayman Islands Kyrgyzstan Peru Uzbekistan<br />
Chad Laos Philippines Venezuela<br />
Chile Lebanon Qatar Vietnam<br />
Columbia Liberia Russia Yemen<br />
Congo (Republic of) Macau Sao Tome e Principe Zimbabwe<br />
Costa Rica Macedonia Saudi Arabia<br />
Madagascar Senegal<br />
<br />
* Except for certain taxes to be collected as required by the Chinese government, iTunes shall not collect or remit additional taxes or levies in China. You understand and agree that You shall be solely responsible for the collection and remittance of any taxes as may be required by local law.<br />
EXHIBIT C<br />
<br />
The list of available price tiers and proceeds is set forth in the iTunes Connect tool and may be updated by Apple from time to time.<br />
<br />
Customer Price is the price displayed to the End-User on the App Store. The agreed remittance currencies are USD, CAD, MXN, AUD, NZD, JPY, Euro, DKK, SEK, CHF, NOK, GBP, CNY, SGD, HKD, SGD, TWD, RUB, TRY, INR, IDR, ILS, ZAR, SAR, and AED depending on the currency of the Customer Price, as indicated in this Exhibit C and as may be updated from time to time via the iTunes Connect site. Customers are charged the following currencies in the following countries:<br />
<br />
- USD: Albania, Algeria, Angola, Anguilla, Antigua & Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Barbados, Belarus, Belize, Benin, Bermuda, Bhutan, Bolivia, Botswana, Brazil, British Virgin Islands, Brunei, Burkina-Faso, Cambodia, Cape Verde, Cayman Islands, Chad, Chile, Colombia, Congo (Republic of), Costa Rica, Croatia, Dominica, Dominican Republic, Ecuador, El Salvador, Egypt, Fiji, Gambia, Ghana, Grenada, Guatemala, Guinea-Bissau, Guyana, Honduras, Iceland, Jamaica, Jordan, Kazakhstan, Kenya, Korea, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Macau, Macedonia, Madagascar, Malawi, Malaysia, Mali, Mauritania, Mauritius, Micronesia (Fed States of), Moldova, Mongolia, Montserrat, Mozambique, Namibia, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Sao Tome e Principe, Senegal, Seychelles, Sierra Leone, Solomon Islands, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Swaziland, Tajikistan, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkmenistan, Turks and Caicos, Uganda, Ukraine, Uruguay, United States, Uzbekistan, Venezuela, Vietnam, Yemen, Zimbabwe<br />
- MXN: Mexico<br />
- CAD: Canada<br />
- AUD: Australia<br />
- NZD: New Zealand<br />
- JPY: Japan<br />
- Euro: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta (Republic of), Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain<br />
- DKK: Denmark<br />
- NOK: Norway<br />
- SEK: Sweden<br />
- CHF: Switzerland<br />
- GBP: United Kingdom<br />
- CNY: China<br />
- SGD: Singapore<br />
- HKD: Hong Kong- TWD: Taiwan<br />
- RUB: Russia<br />
- TRY: Turkey<br />
- INR: India<br />
- IDR: Indonesia<br />
- ILS: Israel<br />
- ZAR: South Africa<br />
- SAR: Saudi Arabia<br />
- AED: UAE<br />
EXHIBIT D<br />
<br />
1. Delivery of Licensed Applications to End-Users in Canada<br />
<br />
Where You designate Apple Canada to allow access to the Licensed Applications to End-Users in Canada:<br />
<br />
1.1 General<br />
<br />
You shall indemnify and hold Apple harmless against any and all claims by the Canada Revenue Agency (the "CRA"), Ministere du Revenu du Quebec (the "MRQ") and the tax authorities of any province that has a provincial retail sales tax ("PST") for any failure to pay, collect or remit any amount(s) of goods and services tax/harmonized sales tax ("GST/HST") imposed under the Excise Tax Act (Canada) (The "ETA"), Quebec Sales Tax ("QST") or PST and any penalties and/or interest thereon in connection with any supplies made by Apple Canada to End-Users in Canada on Your behalf and any supplies made by Apple Canada to You.<br />
<br />
1.2 GST/HST<br />
<br />
(a) This Section 1.2 of Exhibit D applies with respect to supplies made by You, through Apple Canada, as agent to End-Users in Canada. Terms defined in the ETA have the same meaning when used in this Section 1.2. Apple Canada is registered for GST/HST purposes, with GST/HST Registration No. R100236199.<br />
(b) If You are a resident of Canada or are a non-resident of Canada that is required to register for GST/HST purposes pursuant to the ETA, it is a condition of this Schedule 2, that You are registered for GST/HST or have submitted an application to register for GST/HST to the CRA with an effective GST/HST registration date of no later than the date of this Schedule 2. You shall provide Apple Canada with satisfactory evidence of Your GST/HST registration (e.g., a copy of Your CRA confirmation letter or print-out from the GST/HST Registry on the CRA web site) at Apple Canada's request. You warrant that You will notify Apple Canada if You cease to be registered for GST/HST.<br />
(c) If You are registered for GST/HST purposes, You, by executing this Schedule 2, (i) agree to enter into the election pursuant to subsection 177(1.1) of the ETA to have Apple Canada collect, account for and remit GST/HST on sales of Licensed Applications made to End-Users in Canada on Your behalf and have completed (including entering its valid GST/HST registration number), signed and returned to Apple Canada Form GST506 (accessible on the iTunes Connect site); and (ii) acknowledge that the commission payable by You to Apple Canada includes GST at a rate of 5% (or the GST rate as applicable from time to time).<br />
(d) If You are not registered for GST/HST purposes, by executing this Schedule 2 and not completing, signing and returning Form GST506 to Apple Canada, You (i) certify that You are not registered for GST/HST purposes; (ii) certify that You are not resident in Canada and do not carry on business in Canada for purposes of the ETA; (iii) acknowledge that Apple Canada will charge, collect and remit GST/HST on sales of Licensed Applications to End-Users in Canada made on Your behalf; (iv) acknowledge that the commission payable by You to Apple Canada is zero-rated for GST/HST purposes (i.e., GST/HST rate is 0%); and (v) agree to indemnify Apple for any GST/HST, interest and penalty assessed against Apple Canada if it is determined that You should have been registered for GST/HST purposes such that the commission fees charged by Apple Canada were subject to GST.<br />
1.3 Quebec Sales Tax<br />
Terms defined in an Act respecting the Quebec Sales Tax (the "QSTA") have the same meaning when used in this Section 1.3 of Exhibit D.<br />
<br />
(a) If You are a resident of Quebec, it is a condition of this Schedule 2, that You are registered for QST or have submitted an application to register for QST to the MRQ with an effective QST registration date of no later than the date of this Schedule 2. You shall provide Apple Canada with satisfactory evidence of Your QST registration (e.g., a copy of Your MRQ confirmation letter or print-out from the QST Registry on the MRQ web site) at Apple Canada's request. You warrant that You will notify Apple Canada if You cease to be registered for QST.<br />
(b) If You are a resident of Quebec, You, by executing this Schedule 2, (i) certify that You are registered for QST; (ii) agree to enter into the election pursuant to section 41.0.1 of the QSTA to have Apple Canada collect, account for and remit QST on sales of Licensed Applications to End-Users in Quebec made on Your behalf and have completed (including entering its valid QST registration number), signed and returned to Apple Canada Form FP2506-V; and (iii) acknowledge that Apple Canada will not charge, collect or remit QST on sales of Licensed Applications made on Your behalf to End-Users located outside Quebec on the assumption that the End-Users are not resident in Quebec and not registered for QST purposes such that the sales are zero-rated for QST purposes.<br />
(c) If You are not resident in Quebec, by executing this Schedule 2 and not completing, signing and returning Form FP2506-V to Apple Canada, You (i) certify that You are not resident in Quebec; (ii) certify that You do not have a permanent establishment in Quebec; and (iii) acknowledge Apple will charge, collect and remit QST on sales of Licensed Applications to End-Users in Quebec made on Your behalf.<br />
1.4 PST<br />
This Section 1.4 of Exhibit D applies to supplies of Licensed Applications made by You, through Apple Canada, as agent, to End-Users in the provinces of British Columbia, Saskatchewan, Manitoba, Ontario, Prince Edward Island and any other province that has or that adopts a PST. You acknowledge and agree that Apple Canada will charge, collect and remit applicable PST on sales of Licensed Applications made to End-Users in these provinces by Apple Canada on Your behalf.<br />
<br />
2. Delivery of Licensed Applications to End-Users in Australia<br />
<br />
Where You designate APL to allow access to the Licensed Applications to End-Users in Australia:<br />
<br />
2.1 You shall indemnify and hold Apple harmless against any and all claims by the Commissioner of Taxation ("Commissioner") for nonpayment or underpayment of GST under the A New Tax System (Goods and Services Tax) Act 1999 ("GST Act") and for any penalties and/ or interest thereon. In addition, You shall indemnify and hold Apple harmless against any penalties imposed by the Commissioner for failing to register for GST in Australia.<br />
<br />
2.2 Goods and Services Tax (GST)<br />
<br />
(a) General<br />
(i) This Section 2.2 of Exhibit D applies to supplies made by You, through APL, as agent, that are connected with Australia. Terms defined in the GST Act have the same meaning when used in this Section 2.2.<br />
(ii) Unless expressly stated otherwise, any sum payable or amount used in the calculation of a sum payable under this Schedule 3 has been determined without regard to GST and must be increased on account of any GST payable under this Section 2.2.<br />
(iii) If any GST is payable on any taxable supply made under this Schedule 2 by a supplier to a recipient, the recipient must pay the GST to the supplier at the same time and in the same manner as providing any monetary consideration. For the avoidance of doubt, this includes any monetary consideration that is deducted by APL as commission in accordance with Section 3.4 of this Schedule 2.<br />
(iv) The amount recoverable on account of GST under this clause by APL will include any fines, penalties, interest and other charges.<br />
(v) This Section 2 of Exhibit D survives the termination of the Agreement.<br />
(b) Resident Developers or Non-resident GST-Registered Developers<br />
(i) If You are a resident of Australia, it is a condition of this Schedule 2, that You have an Australian Business Number ("ABN") and are registered for GST or have submitted an application to register for GST to the Commissioner with an effective GST registration date of no later than the date of this Schedule 2. You will provide Apple with satisfactory evidence of Your ABN and GST registration (by uploading to Apple, using the iTunes Connect site, a copy of Your GST registration or print-out from the Australian Business Register) within 30 days of this Schedule 2. You warrant that You will notify Apple if it ceases to hold a valid ABN or be registered for GST.<br />
(ii) If You are a non-resident and are registered for GST, it is a condition of this Schedule 2 that You will provide Apple with satisfactory evidence of Your ABN and GST registration within 30 days of this Schedule 2. You warrant that You will notify Apple if You cease to be registered for GST.<br />
(iii) You and Apple agree to enter into an arrangement for the purposes of s.153-50 of the GST Act. You and Apple further agree that for taxable supplies made by You, through APL as agent, to any End-User:<br />
(A) APL will be deemed as making supplies to any End-User;<br />
(B) You will be deemed as making separate, corresponding supplies to APL;<br />
(C) APL will issue to any End-User, in APL's own name, all tax invoices and adjustment notes relating to supplies made under section (iii)(a);<br />
(D) You will not issue to any End-User any tax invoices or adjustment notes relating to taxable supplies made under section (iii)(a);<br />
(E) APL will issue a recipient created tax invoice to You in respect of any taxable supplies made by You to APL under this Schedule 2, including taxable supplies made under section (iii)(b); and<br />
(F) You will not issue a tax invoice to Apple in respect of any taxable supplies made by You to Apple under this Schedule 2, including taxable supplies made under section (iii)(b).<br />
(c) Non-resident, Non-GST-registered Developers<br />
If You are a non-resident and are not registered for GST, then:<br />
<br />
(i) APL will issue to any End-User, in APL's own name, all tax invoices and adjustment notes relating to taxable supplies made by You through APL as agent; and<br />
(ii) You will not issue to any End-User any tax invoices or adjustment notes relating to taxable supplies made by You through APL as agent.<br />
3. Delivery of Licensed Applications to End-Users in the United States<br />
Where You designate Apple Inc. to allow access to the Licensed Applications to End-Users in the United States:<br />
<br />
3.1 If You are not a resident of the United States for U.S. federal income tax purposes, You will complete Internal Revenue Service Form W-8BEN and/or any other required tax forms and provide Apple with a copy of such completed form(s), and any other information necessary for compliance with applicable tax laws and regulations, as instructed on the iTunes Connect site.<br />
<br />
3.2 If Apple, in its reasonable belief, determines that any state or local sales, use or similar transaction tax may be due from Apple or You in connection with the sale or delivery of any of the Licensed Applications, Apple will collect and remit those taxes to the competent tax authorities. To the extent that the incidence of any such tax, or responsibility for collecting that tax, falls upon You, You authorize Apple to act on Your behalf in collecting and remitting that tax, but to the extent that Apple has not collected any such tax, or has not received reimbursement for that tax, from End-Users, You shall remain primarily liable for the tax, and You will reimburse Apple for any tax payments that Apple is required to make, but is not otherwise able to recover.<br />
<br />
3.3 In the event that You incur liability for income tax, franchise tax, business and occupation tax, or any similar taxes based on Your income, You shall be solely responsible for that tax.<br />
<br />
4. Delivery of Licensed Applications to End-Users in Japan<br />
<br />
Where You designate iTunes KK to allow access to the Licensed Applications to End-Users in Japan:<br />
<br />
4.1 You acknowledge and agree that You have the sole responsibility for: (i) consumption tax output liability, if any, with respect to delivery on Your behalf of Your Licensed Applications to End-Users by iTunes KK; (ii) filing of consumption tax returns and payment of consumption tax to the Japanese government, if applicable; and (iii) determining independently, in consultation with Your own tax advisor, Your taxpayer status and tax payment obligations for consumption tax purposes.<br />
<br />
4.2 Commissions charged by iTunes KK to Japan resident developers will include consumption tax.<br />
<br />
4.3 If You are not a resident of Japan, You may complete the withholding tax forms for Your country of residence to claim treaty benefits with Japan. Notwithstanding section 3.3 of Schedule 2, iTunes KK will remit such funds as are due to You prior to receipt of such tax documentation, but in such case in its discretion iTunes KK may withhold and remit to the competent tax authorities Japanese withholding tax unreduced by any tax treaty. iTunes KK will apply any reduced rate of withholding tax provided for in any income tax treaty between Your country of residence and Japan only to remittances made to You after iTunes KK receives and has filed the required tax documentation. iTunes KK will not refund any withholding tax withheld on remittances made prior to that date.<br />
<br />
5. Delivery of Licensed Applications to End-Users in countries listed in Exhibit A, Section 2<br />
<br />
Where You designate iTunes Sarl to allow access to the Licensed Applications to End-Users in Exhibit A, Section 2:<br />
<br />
You acknowledge that in the event iTunes Sarl is subject to any sales, use, goods and services, value added, or other tax or levy with respect to any remittance to You, the full amount of such tax or levy shall be solely for Your account. For the avoidance of doubt, any invoice issued by You to iTunes Sarl will be limited to amounts actually due to You, which amounts shall be inclusive of any value added or other tax or levy as set forth above. You will indemnify and hold Apple harmless against any and all claims by any competent tax authorities for any underpayment of any such sales, use, goods and services, value added, or other tax or levy, and any penalties and/or interest thereon.<br />
<br />
<br />
<br />
EXHIBIT E<br />
<br />
Instructions for Minimum Terms of Developer's End-User License Agreement<br />
<br />
1. Acknowledgement: You and the End-User must acknowledge that the EULA is concluded between You and the End-User only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service terms of service as of the Effective Date (which You acknowledge You have had the opportunity to review).<br />
<br />
2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.<br />
<br />
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.<br />
<br />
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.<br />
<br />
5. Product Claims:You and the End-User must acknowledge that You, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit frameworks. The EULA may not limit Your liability to the End-User beyond what is permitted by applicable law.<br />
<br />
6. Intellectual Property Rights: You and the End-User must acknowledge that, in the event of any third party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.<br />
<br />
7. Legal Compliance: The End-User must represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.<br />
<br />
8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed.<br />
<br />
9. Third Party Terms of Agreement: You must state in the EULA that the End-User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application.<br />
<br />
10. Third Party Beneficiary: You and the End-User must acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
By clicking to agree to this Schedule 3, which is hereby offered to You by Apple, You agree with Apple to amend that certain Apple Developer Program License Agreement currently in effect between You and Apple (the "Agreement") to add this Schedule 3 thereto (supplanting any existing Schedule 3). Except as otherwise provided herein, all capitalized terms shall have the meanings set forth in the Agreement.<br />
<br />
Schedule 3<br />
<br />
1. Appointment of Agent and Commissionaire<br />
<br />
1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent for the marketing, sale and delivery of Custom B2B Applications to VPP Customers and applicable End-Users located in those countries listed on Exhibit A, Section 1 to this Schedule 3, subject to change; and (ii) Your commissionaire for the marketing, sale, and delivery of Custom B2B Applications to VPP Customers and applicable End-Users located in those countries listed on Exhibit A, Section 2 to this Schedule 3, subject to change, during the Delivery Period. The most current list of App Store countries among which You may select with respect to Your Custom B2B Applications shall be set forth in the iTunes Connect tool and may be updated by Apple from time to time. You hereby acknowledge that Apple will market and make the Custom B2B Applications available for purchase by VPP Customers through the B2B Program Site, and downloadable by End-Users or, solely in connection with certain Apple licensed software, by VPP Customers using a single Apple ID for distribution to multiple End-Users, for You and on Your behalf.<br />
<br />
For purposes of this Schedule 3:<br />
<br />
"B2B Content Code(s)" means alphanumeric content codes generated by Apple and distributed to VPP Customers that may be redeemed by an End-User for the download of a licensed copy of the Custom B2B Application.<br />
<br />
"Custom B2B Application" also includes any additional permitted functionality, content, or services sold by You from within a Custom B2B Application using the In-App Purchase API.<br />
<br />
"End-User" includes the individual authorized to use the Custom B2B Application by the institutional purchaser, the institutional administrator responsible for management of installations on shared devices, as well as authorized institutional purchasers themselves, including educational institutions approved by Apple, which may acquire the Custom B2B Applications for use by their employees, agents, and affiliates.<br />
<br />
“Licensed Application Information” includes Licensed Application Information associated with a Custom B2B Application.<br />
“Volume Purchase Program” or “VPP” means an Apple program that offers the ability to obtain Custom B2B Applications and make purchases of Licensed Applications in bulk subject to the Volume Purchase Program terms, conditions, and program requirements.<br />
<br />
“VPP Customer(s)” means a third party that is enrolled in Apple’s Volume Purchase Program.<br />
<br />
“You” shall include iTunes Connect users authorized by You to submit Licensed Applications and associated metadata on Your behalf.<br />
<br />
1.2 In furtherance of Apple's appointment under Section 1.1 of this Schedule 3, You hereby authorize and instruct Apple to:<br />
<br />
(a) market, solicit, and obtain orders on Your behalf for Custom B2B Applications from VPP Customers identified by You and their related End-Users in the countries identified in the iTunes Connect tool;<br />
<br />
(b) provide hosting services to You, in order to allow for the storage of, and End-User access to, the Custom B2B Applications and, solely in connection with certain Apple licensed software, permit third party hosting of such Custom B2B Applications;<br />
<br />
(c) make copies of, format, and otherwise prepare Custom B2B Applications for acquisition and download by End-Users, including adding the Security Solution and other optimizations identified in the Agreement;<br />
<br />
(d) allow or, in the case of cross-border assignments of VPP purchases, arrange for End-Users to access and re-access copies of the Custom B2B Applications, so that End-Users may acquire and electronically download those Custom B2B Applications developed by You, Licensed Application Information, and associated metadata to End-Users through the B2B Program Site, and You hereby authorize distribution of Your Custom B2B Applications under this Schedule 3 for use by multiple End-Users when the Custom B2B Application is purchased by a single institutional customer via the Volume Purchase Program for use by its End-Users and/or for installation on devices with no associated iTunes Account that are owned or controlled by that institutional customer in accordance with the Volume Purchase Program terms, conditions, and program requirements;<br />
<br />
(e) issue invoices for the purchase price payable by VPP Customers for the Custom B2B Applications;<br />
<br />
(f) use (i) screen shots and/or up to 30 second excerpts of the Custom B2B Applications; (ii) trademarks and logos associated with the Custom B2B Applications; and (iii) Licensed Application Information, for promotional purposes in marketing materials, excluding those portions of the Custom B2B Applications, trademarks or logos, or Custom B2B Application Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Custom B2B Applications are delivered by You to Apple under Section 2.1 of this Schedule 3, and use images and other materials that You may provide to Apple, at Apple's reasonable request, for promotional purposes in marketing materials; and<br />
<br />
(g) otherwise use Custom B2B Applications, Licensed Application Information and associated metadata as may be reasonably necessary in the marketing and delivery of the Custom B2B Applications in accordance with this Schedule 3. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 3.<br />
1.3 The parties acknowledge and agree that their relationship under this Schedule 3 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2, respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Custom B2B Applications, as provided in this Schedule 3. The parties acknowledge and agree that Your appointment of Apple as Your agent or commissionaire, as the case may be, under this Schedule 3 is non-exclusive. You hereby represent and warrant that You own or control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent and/or commissionaire for the delivery of Your Custom B2B Applications, and that the fulfillment of such appointment by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party.<br />
<br />
1.4 For purposes of this Schedule 3, the "Delivery Period" shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that Apple's appointment as Your agent or commissionaire shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days after the final outstanding Content Code for Your Custom B2B Applications has been redeemed and further provided that, solely with respect to Your End- Users, subsections 1.2(b), (c), and (d) of this Schedule 3 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 3.<br />
<br />
2. Delivery of the Custom B2B Applications to Apple<br />
<br />
2.1 You will deliver to Apple, at Your sole expense, using the iTunes Connect tool, the Custom B2B Applications, Licensed Application Information and associated metadata, in a format and manner prescribed by Apple, as required for the delivery of the Custom B2B Applications to End-Users in accordance with this Schedule 3 and will identify this material as a Custom B2B Application via the iTunes Connect site. Metadata You deliver to Apple under this Schedule 3 will include: (i) the title and version number of each of the Custom B2B Applications; (ii) the VPP Customers You designate as authorized purchasers of the Custom B2B Application and whose End-Users may use the Content Codes; (iii) any copyright or other intellectual property rights notices; (iv) Your privacy policy, if any; (v) Your End-User license agreement (“EULA”), if any, in accordance with Section 4.2 of this Schedule 3; and (vi) any additional metadata set forth in the Documentation and/or the iTunes Connect Tool as may be updated from time to time, including metadata designed to enhance search and discovery for content on Apple-branded hardware.<br />
<br />
2.2 All Custom B2B Applications will be delivered by You to Apple using software tools, a secure FTP site address and/or such other delivery methods as prescribed by Apple.<br />
<br />
2.3 You hereby certify that all of the Custom B2B Applications You deliver to Apple under this Schedule 3 are authorized for export from the United States to each of the countries listed on Exhibit A hereto, in accordance with the requirements of all applicable laws, including but not limited to the United States Export Administration Regulations, 15 C.F.R. Parts 730-774 and the International Traffic In Arms Regulations 22 C.F.R. Parts 120-130. Without limiting the generality of this Section 2.3, You certify that (i) none of the Custom B2B Applications contains, uses or supports any data encryption or cryptographic functions; or (ii) in the event that any Custom B2B Application contains, uses or supports any such data encryption or cryptographic functionality, You will upon request provide Apple with a PDF copy of Your Encryption Registration Number (ERN), or export classification ruling (CCATS) issued by the United States Commerce Department, Bureau of Industry and Security and PDF copies of appropriate authorizations from other countries that mandate import authorizations for that Licensed Application, as required. You acknowledge that Apple is relying upon Your certification in this Section 2.3 in allowing End-Users to access and download the Custom B2B Applications under this Schedule 3. Except as provided in this Section 2.3, Apple will be responsible for compliance with the requirements of the Export Administration Regulations in allowing End-Users to access and download the Custom B2B Applications under this Schedule 3.<br />
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3. Delivery of the Custom B2B Applications to End-Users<br />
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3.1 You acknowledge and agree that Apple, in the course of acting as agent and/or commissionaire for You, is hosting the Custom B2B Applications, providing Content Codes to VPP Customers, and is allowing the download of the Custom B2B Applications by End-Users, on Your behalf. However, You are responsible for hosting and delivering content or services sold by You using the In-App Purchase API, except for content that is included within the Custom B2B Application itself (i.e., the In-App Purchase simply unlocks the content) or content hosted by Apple pursuant to Section 3.3 of the Program Agreement. All of the Custom B2B Applications shall be marketed by Apple, on Your behalf, to End-User VPP Customers at prices identified in a price tier and designated by You, in Your sole discretion, from the pricing schedule attached to this Schedule 3 as Exhibit C, which may be updated from time to time by Apple on iTunes Connect. You may change the price tier for any Custom B2B Application at any time, at Your discretion, in accordance with the pricing schedule set forth on that Exhibit C as updated from time to time, using tools provided on the iTunes Connect tool. As Your agent and/or commissionaire, Apple shall be solely responsible for the collection of all prices payable by VPP Customers for Custom B2B Applications acquired by End-Users under this Schedule 3.<br />
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3.2 In the event that the sale or delivery of any of the Custom B2B Applications to any End-User is subject to any sales, use, goods and services, value added, or other similar tax or levy, under applicable law, responsibility for the collection and remittance of that tax for sales of the Custom B2B Applications to End-Users will be determined in accordance with Exhibit B to this Schedule 3 as updated from time to time via the iTunes Connect site. For the sake of clarity, Apple shall not be responsible for the collection and remittance of telecommunications and similar taxes. You shall indemnify and hold Apple harmless against any and all claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest thereon.<br />
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3.3 In furtherance of the parties' respective tax compliance obligations, Apple requires that You comply with the requirements listed on Exhibit D to this Schedule 3 or on iTunes Connect depending upon, among other things, (i) Your country of residence, and (ii) the countries designated by You in which You wish Apple to allow sale of and access to the Custom B2B Applications. In the event that Apple collects any amounts corresponding to the purchase price for any of Your Custom B2B Applications before You have provided Apple with any tax documentation required under Exhibit D to this Schedule 3, Apple will not remit those amounts to You, but will hold those amounts in trust for You, until such time as You have provided Apple with the required tax documentation. Upon receipt of all required tax documents from You, Apple will remit to You any amounts held in trust by Apple for You, without interest, under this Section 3.3, in accordance with the provisions of this Schedule 3.<br />
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3.4 Apple shall be entitled to the following commissions in consideration for its services as Your agent and/or commissionaire under this Schedule 3:<br />
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(a) For sales of Custom B2B Applications to VPP Customers located in those countries listed in Exhibit B, Section 1 of this Schedule 3 as updated from time to time via the iTunes Connect site, Apple shall be entitled to a commission equal to thirty percent (30%) of all prices payable by each VPP Customer. For purposes of determining the commissions to which Apple is entitled under this Section 3.4(a), the prices payable by VPP Customers shall be net of any and all taxes collected, as provided in Section 3.2 of this Schedule 3.<br />
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(b) For sales of Custom B2B Applications to VPP Customers located in those countries listed in Exhibit B, Section 2 of this Schedule 3 as updated from time to time via the iTunes Connect site, Apple shall be entitled to a commission equal to thirty percent (30%) of all prices payable by each VPP Customer. <br />
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Except as otherwise provided in Section 3.2 of this Schedule 3, Apple shall be entitled to the commissions specified in Sections 3.4(a) and 3.4(b) hereof without reduction for any taxes or other government levies, including any and all taxes or other, similar obligations of You, Apple or any VPP Customer relating to the delivery or use of the Custom B2B Applications.<br />
3.5 Upon collection of any amounts from any VPP Customer as the price for any Custom B2B Application delivered to that VPP Customer's designated End-Users hereunder, Apple shall deduct the full amount of its commission with respect to that Custom B2B Application, and any taxes collected by Apple under Section 3.2 hereof, and shall remit to You, or issue a credit in Your favor, as the case may be, the remainder of those prices in accordance with Apple standard business practices, including the following: remittance payments (i) are made by means of wire transfer only; (ii) are subject to minimum monthly remittance amount thresholds; (iii) require You to provide certain remittance-related information on the iTunes Connect site; and (iv) subject to the foregoing requirements, will be made no later than forty-five (45) days following the close of the monthly period in which the corresponding amount was received by Apple from the End-User. No later than forty- five (45) days following the end of each monthly period, Apple will make available to You on the iTunes Connect site a sales report in sufficient detail to permit You to identify the Custom B2B Applications sold in that monthly period and the total amount to be remitted to You by Apple. You hereby acknowledge and agree that Apple shall be entitled to a commission, in accordance with this Section 3.5 on the delivery of any B2B Content Codes to any VPP Customer, even if Apple is unable to collect the price for that Custom B2B Application from the VPP Customer. In the event that the purchase price received by Apple from any VPP Customer for any Custom B2B Application is in a currency other than the remittance currency agreed between Apple and You, the purchase price for that Custom B2B Application shall be converted to the remittance currency, and the amount to be remitted by Apple to You shall be determined, in accordance with an exchange rate fixed for the Delivery Period, as reflected in Exhibit C attached hereto as updated from time to time pursuant to section 3.1 of this Schedule 3. Apple may provide a means on iTunes Connect to enable You to designate a primary currency for the bank account designated by You for receiving remittances ("Designated Currency"). Apple may cause Apple's bank to convert all remittances in any remittance currency other than the Designated Currency into the Designated Currency prior to remittance to You. You agree that any resulting currency exchange differentials or fees charged by Apple's bank may be deducted from such remittances. You remain responsible for any fees (e.g., wire transfer fees) charged by Your bank or any intermediary banks between Your bank and Apple's bank.<br />
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3.6 In the event that any price payable by any VPP Customer for any of the Custom B2B Applications is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value added, or other tax or levy not collected by Apple under Section 3.2 hereof; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy shall be solely for Your account, and shall not reduce the commission to which Apple is entitled under this Schedule 3.<br />
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3.7 In the event that any remittance made by Apple to You is subject to any withholding or similar tax, the full amount of that withholding or similar tax shall be solely for Your account, and will not reduce the commission to which Apple is entitled on that transaction. If Apple reasonably believes that such tax is due, Apple will deduct the full amount of such withholding or similar tax from the gross amount owed to You, and will pay the full amount withheld over to the competent tax authorities. Apple will apply a reduced rate of withholding tax, if any, provided for in any applicable income tax treaty only if You furnish Apple with such documentation required under that income tax treaty or otherwise satisfactory to Apple, sufficient to establish Your entitlement to the benefit of that reduced rate of withholding tax. Upon Your timely request to Apple in writing, using means reasonably designated by Apple, Apple will use commercially practical efforts to report to You the amount of Apple's payment of withholding or similar taxes to the competent tax authorities on Your behalf. You will indemnify and hold Apple harmless against any and all claims by any competent tax authority for any underpayment of any such withholding or similar taxes, and any penalties and/or interest thereon, including, but not limited to, underpayments attributable to any erroneous claim or representation by You as to Your entitlement to, or Your disqualification for, the benefit of a reduced rate of withholding tax.<br />
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3.8 You may offer auto-renewing subscriptions in select Territories using the In-App Purchase API subject to the terms of this Schedule 3, provided that:<br />
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(a) Auto-renew functionality must be on a weekly, monthly, bi-monthly, tri-monthly, semi-annual or annual basis at a price You select based on the pricing matrix attached to this Schedule 3 as Exhibit C. You may, however, offer more than one option.<br />
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(b) You clearly and conspicuously disclose to users the following information regarding Your auto-renewing subscription:<br />
Title of publication or service<br />
Length of subscription (time period and/or number of deliveries during each subscription period)<br />
Price of subscription, and price per issue if appropriate<br />
Payment will be charged to iTunes Account at confirmation of purchase<br />
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period<br />
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal<br />
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase<br />
No cancellation of the current subscription is allowed during active subscription period<br />
Links to Your Privacy Policy and Terms of Use<br />
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.<br />
<br />
(c) You must fulfill the offer during the entire subscription period, as marketed and, in the event you breach this section 3.8(c) of Schedule 3, you hereby authorize and instruct Apple to refund to the End-User the full amount, or any portion thereof in Apple's sole discretion, of the price paid by the End-User for that subscription. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that subscription. Apple will have the right to retain its commission on the sale of that subscription, notwithstanding the refund of the price to the End-User. You acknowledge that Apple may exercise its rights under section 7.3 of this Schedule 3 for repeated violations of this provision..<br />
3.9 The auto-renewing feature may be disabled if the subscription price is increased during an active subscription period.<br />
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3.10 To the extent you promote and offer for sale auto-renewing subscriptions, You must do so in compliance with all legal and regulatory requirements.<br />
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3.11 Subscription services purchased within Custom B2B Applications must use In-App Purchase, which will be charged to the End-User iTunes account, not the VPP Customer account.<br />
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In addition to using the In-App Purchase API, a Custom B2B Application may read or play content (magazines, newspapers, books, audio, music, video) that is offered outside of the Custom B2B Application (such as, by way of example, through Your website) provided that You do not link to or market external offers for such content within the Custom B2B Application. You are responsible for authentication access to content acquired outside of the Custom B2B Application.<br />
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3.12 If your Custom B2B Application is periodical content-based (e.g. magazines and newspapers), Apple may provide You with the name, email address, and zip code associated with an End-User's account when they purchase an auto-renewing subscription via the In-App Purchase API, provided that such user consents to the provision of data to You, and further provided that You may only use such data to promote Your own products and otherwise in strict compliance with Your publicly posted Privacy Policy, a copy of which must be readily viewed through and is consented to in Your Custom B2B Application. You may offer a free incentive to extend the subscription if the user agrees to send this information.<br />
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4. Ownership and End-User Licensing<br />
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4.1 The parties acknowledge and agree that Apple shall not acquire any ownership interest in or to any of the Custom B2B Applications or Licensed Application Information, and title, risk of loss, responsibility for, and control over the Custom B2B Applications shall, at all times, remain with You. Apple may not use any of the Custom B2B Applications or Licensed Application Information for any purpose, or in any manner, except as specifically authorized in this Schedule 3.<br />
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4.2 You may deliver to Apple Your own EULA for any Custom B2B Application at the time that You deliver that Custom B2B Application to Apple, in accordance with Section 2.1 of this Schedule 3; provided, however, that Your EULA must include and may not be inconsistent with the minimum terms and conditions specified on Exhibit E to this Schedule 3 and must comply with all applicable laws in the United States. Apple shall allow each End-User to which Apple allows access to any such Custom B2B Application to review Your EULA (if any) at the time that Apple delivers that Custom B2B Application to that End-User, and Apple shall notify each End-User that the End-User's use of that Custom B2B Application is subject to the terms and conditions of Your EULA (if any). In the event that You do not furnish Your own EULA for any Custom B2B Application to Apple, You acknowledge and agree that each End-User's use of that Custom B2B Application shall be subject to Apple's standard EULA (which is part of the App Store Terms of Service).<br />
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4.3 You hereby acknowledge that the EULA for each of the Custom B2B Applications is solely between You and the End-User and conforms to applicable law, and Apple shall not be responsible for, and shall not have any liability whatsoever under, any EULA or any breach by You or any End-User of any of the terms and conditions of any EULA.<br />
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5. Content Restrictions and Software Rating<br />
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5.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and distribute each of the Custom B2B Applications, and to authorize Apple to permit End-Users to download and use each of the Custom B2B Applications through the B2B Program Site; (b) none of the Custom B2B Applications, or Apple's or End-Users' permitted uses of those Custom B2B Applications, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and that You are not submitting the Custom B2B Applications to Apple on behalf of one or more third parties other than under license grant from one or more VPP Customers; (c) each of the Custom B2B Applications is authorized for distribution, sale and use in, export to, and import into each of the countries designated by You pursuant to Section 2.1 of this Schedule 3, in accordance with the laws and regulations of those countries and all applicable export/import regulations; (d) none of the Custom B2B Applications contains any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations of any of the countries You pursuant to Section 2.1 of this Schedule 3; (e) all information You provided using the iTunes Connect tool, including any information relating to the Custom B2B Applications, is accurate and that, if any such information ceases to be accurate, You will promptly update it to be accurate using the iTunes Connect tool; and (f) in the event a dispute arises over the content of Your Custom B2B Applications or use of Your intellectual property in connection with the B2B Program Site, You agree to follow Apple's app dispute process on a non-exclusive basis and without any party waiving its legal rights.<br />
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5.2 You shall use the software rating tool set forth on iTunes Connect to supply information regarding each of the Custom B2B Applications delivered by You for marketing and fulfillment by Apple through the B2B Program Site under this Schedule 3 in order to assign a rating to each such Custom B2B Application. For purposes of assigning a rating to each of the Custom B2B Applications, You shall use Your best efforts to provide correct and complete information about the content of that Custom B2B Application with the software rating tool. You acknowledge and agree that Apple is relying on: (i) Your good faith and diligence in accurately and completely providing requested information for each Custom B2B Application; and (ii) Your representations and warranties in Section 5.1 hereof, in making that Custom B2B Application available for download by End- Users in each of the countries You designated hereunder. Furthermore, You authorize Apple to correct the rating of any Custom B2B Application of Yours that has been assigned an incorrect rating; and You agree to any such corrected rating.<br />
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5.3 In the event that any country You designated hereunder requires the approval of, or rating of, any Custom B2B Application by any government or industry regulatory agency as a condition for the distribution, sale and/or use of that Custom B2B Application, You acknowledge and agree that Apple may elect not to make that Custom B2B Application available for purchase by VPP Customers and/or download by End-Users in that country from the B2B Program Site.<br />
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5.4 Custom B2B Applications that are targeted at children or otherwise likely to appeal to children, and which pressure children to make purchases (including, but not limited to, phrases such as "buy now" or "upgrade now") or persuade others to make purchases for them, should not be made available in any Territory that has deemed such marketing practices illegal. You expressly accept and agree to take full responsibility for your Custom B2B Applications’ compliance with applicable laws pursuant to Section 5.1(c) of this Schedule 3, including without limitation consumer protection, marketing, and gaming laws. For more information on legal requirements of countries in the European Union, see http://ec.europa.eu/justice/consumer-marketing/unfair-trade/index_en.htm<br />
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6. Responsibility and Liability<br />
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6.1 Apple shall have no responsibility for the installation and/or use of any of the Custom B2B Applications by any End-User. You shall be solely responsible for any and all product warranties, End-User assistance and product support with respect to each of the Custom B2B Applications.<br />
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6.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Custom B2B Applications and/or the use of those Custom B2B Applications by any End-User, including, but not limited to: (i) claims of breach of warranty, whether specified in the EULA or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Custom B2B Applications and/or the End-User’s possession or use of those Custom B2B Applications infringes the copyright or other intellectual property rights of any third party.<br />
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6.3 In the event that Apple receives any notice or claim from any End-User that: (i) the End-User wishes to cancel its license to any of the Custom B2B Applications within ninety (90) days of the date of download of that Custom B2B Application by that End-User or the end of the auto-renewing subscription period offered pursuant to section 3.8 if such period is less than ninety (90) days; or (ii) a Custom B2B Application fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Apple may refund to the VPP Customer and/or End-User, as applicable, the full amount of the price paid by the VPP Customer or End-User for that Custom B2B Application. In the event that Apple refunds any such price to an End-User, You shall reimburse, or grant Apple a credit for, an amount equal to the price for that Custom B2B Application. Apple will have the right to retain its commission on the sale of that Custom B2B Application, notwithstanding the refund of the price to the VPP Customer or End-User.<br />
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7. Termination<br />
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7.1 This Schedule 3, and all of Apple's obligations hereunder, shall terminate upon the expiration or termination of the Agreement. Notwithstanding any such termination, Apple shall be entitled to: (i) all commissions on all Content Codes redeemable for copies of the Custom B2B Applications provided to VPP Customers prior to the date of termination (including the phase-out period set forth in Section 1.4 hereof); and (ii) reimbursement from You of refunds paid by Apple to VPP Customers and/or End-Users, whether before or after the date of termination, in accordance with Section 6.3 of this Schedule 3.<br />
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7.2 In the event that You no longer have the legal right to distribute the Custom B2B Applications, or to authorize Apple to allow access to those Custom B2B Applications by End-Users, in accordance with this Schedule 3, You shall promptly notify Apple and withdraw those Custom B2B Applications from the B2B Program Site using the tools provided on the iTunes Connect tool; provided, however, that such withdrawal by You under this Section 7.2 shall not relieve You of any of Your obligations to Apple under this Schedule 3, or any liability to Apple and/or any End-User with respect to those Custom B2B Applications.<br />
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7.3 Apple reserves the right to cease marketing, offering, and allowing purchase by VPP Customers and download by End-Users of the Custom B2B Applications at any time, with or without cause, by providing notice of termination to You. Without limiting the generality of this Section 7.3, You acknowledge that Apple may cease the marketing and allowing download by End-Users of some or all of the Custom B2B Applications if Apple reasonably believes that: (i) those Custom B2B Applications are not authorized for export to one or more of the countries listed on Exhibit A, in accordance with the Export Administration Regulations; (ii) those Custom B2B Applications and/or any End-User’s possession and/or use of those Custom B2B Applications, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; (iii) the distribution, sale and/or use of those Custom B2B Applications violates any applicable law in any country You designated pursuant to Section 2.1 of this Schedule 3; (iv) You have violated the terms of the Agreement, this Schedule 3, or other documentation including without limitation the App Review Guidelines; or (v) Your Custom B2B Applications violate Section 5.4 of this Schedule 3, including without limitation upon notice by a regulator of an alleged violation. An election by Apple to cease the marketing and allowing download of any Custom B2B Applications, pursuant to this Section 7.3, shall not relieve You of Your obligations under this Schedule 3.<br />
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7.4 You may withdraw any or all of the Custom B2B Applications from the B2B Program Site, at any time, and for any reason, by using the tools provided on the iTunes Connect site, except that, with respect to Your End-Users, You hereby authorize and instruct Apple to fulfill any outstanding Content Code redemption requests by End-Users and to fulfill sections 1.2(b), (c), and (d) of this Schedule 3, which shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 5.1 and 7.2 of this Schedule 3.<br />
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8. Legal Consequences<br />
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The relationship between You and Apple established by this Schedule 3 may have important legal and/or tax consequences for You. You acknowledge and agree that it is Your responsibility to consult with Your own legal and tax advisors with respect to Your legal and tax obligations hereunder.<br />
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EXHIBIT A<br />
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1. Apple as Agent<br />
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You appoint Apple Canada, Inc. ("Apple Canada") as Your agent for the marketing and End-User download of the Custom B2B Applications by End-Users located in the following country:<br />
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Canada<br />
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You appoint Apple Pty Limited ("APL") as Your agent for the marketing and End-User download of Custom B2B Applications by End-Users located in the following countries:<br />
<br />
Australia <br />
New Zealand<br />
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You appoint Apple Inc. as Your agent pursuant to California Civil Code §§ 2295 et seq. for the marketing and End-User download of the Custom B2B Applications by End-Users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
<br />
United States<br />
Mexico<br />
<br />
You appoint iTunes KK as Your agent pursuant to Article 643 of the Japanese Civil Code for the marketing and End-User download of the Custom B2B Applications by End-Users located in the following country:<br />
<br />
Japan<br />
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2. Apple as Commissionaire<br />
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You appoint iTunes Sarl as Your commissionaire pursuant to Article 91 of the Luxembourg Code de commerce for the marketing and End-User download of the Custom B2B Applications by End-Users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
<br />
Belgium<br />
Denmark<br />
Finland<br />
France<br />
Germany<br />
Greece<br />
Hong Kong<br />
Ireland <br />
Italy<br />
Luxembourg<br />
Netherlands<br />
Norway<br />
Singapore<br />
Spain<br />
Sweden<br />
Switzerland<br />
Taiwan<br />
Turkey<br />
UAE<br />
United Kingdom<br />
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EXHIBIT B<br />
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1. Apple shall collect and remit to the competent tax authorities the taxes described in Section 3.2 of this Schedule 3 for sales of the Custom B2B Applications to VPP Customers located in the following countries, as updated from time to time via the iTunes Connect tool:<br />
<br />
Australia<br />
Belgium<br />
Canada<br />
Denmark<br />
Finland<br />
France<br />
Germany<br />
Greece<br />
Ireland<br />
Italy<br />
Luxembourg<br />
Netherlands<br />
Norway<br />
Spain<br />
Sweden<br />
Switzerland<br />
United Kingdom <br />
United States<br />
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2. Apple shall not collect and remit the taxes described in Section 3.2 of this Schedule 3 for sales of the Custom B2B Applications to VPP Customers located in the countries listed below, as updated from time to time via the iTunes Connect tool. You shall be solely responsible for the collection and remittance of such taxes as may be required by local law.<br />
<br />
Hong Kong<br />
Japan<br />
Mexico<br />
New Zealand<br />
Singapore<br />
Taiwan<br />
Turkey<br />
UAE<br />
<br />
<br />
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EXHIBIT C<br />
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The list of available price tiers and proceeds is set forth in the iTunes Connect tool and may be updated by Apple from time to time.<br />
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Customer Price is the price displayed to the VPP Customer on the B2B Program Site. The agreed remittance currencies are USD, CAD, AUD, NZD, JPY, Euro, DKK, NOK, SEK, CHF, GBP, SGD, HKD, TWD, and AED depending on the currency of the Customer Price, as indicated in this Exhibit C and as may be updated from time to time via the iTunes Connect site. Customers are charged the following currencies in the following countries:<br />
<br />
<br />
- USD: United States<br />
- CAD: Canada<br />
- AUD: Australia<br />
- NZD: New Zealand<br />
- JPY: Japan<br />
- Euro: Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Spain<br />
- DKK: Denmark<br />
- NOK: Norway<br />
-SEK: Sweden<br />
- CHF: Switzerland<br />
- GBP: United Kingdom<br />
- SGD: Singapore<br />
- HKD: Hong Kong<br />
- TRY: Turkey<br />
- TWD: Taiwan<br />
- AED: UAE<br />
EXHIBIT D<br />
<br />
1. Delivery of Custom B2B Applications to End-Users in Canada<br />
<br />
Where You designate Apple Canada to allow access to the Custom B2B Applications to End-Users in Canada:<br />
<br />
1.1 General<br />
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You shall indemnify and hold Apple harmless against any and all claims by the Canada Revenue Agency (the "CRA"), Ministere du Revenu du Quebec (the "MRQ") and the tax authorities of any province that has a provincial retail sales tax ("PST") for any failure to pay, collect or remit any amount(s) of goods and services tax/harmonized sales tax ("GST/HST") imposed under the Excise Tax Act (Canada) (The "ETA"), Quebec Sales Tax ("QST") or PST and any penalties and/or interest thereon in connection with any supplies made by Apple Canada to End-Users in Canada on Your behalf and any supplies made by Apple Canada to You.<br />
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1.2 GST/HST<br />
<br />
(a) This Section 1.2 of Exhibit D applies with respect to supplies made by You, through Apple Canada, as agent to End-Users in Canada. Terms defined in the ETA have the same meaning when used in this Section 1.2. Apple Canada is registered for GST/HST purposes, with GST/HST Registration No. R100236199.<br />
(b) If You are a resident of Canada or are a non-resident of Canada that is required to register for GST/HST purposes pursuant to the ETA, it is a condition of this Schedule 2, that You are registered for GST/HST or have submitted an application to register for GST/HST to the CRA with an effective GST/HST registration date of no later than the date of this Schedule 3. You shall provide Apple Canada with satisfactory evidence of Your GST/HST registration (e.g., a copy of Your CRA confirmation letter or print-out from the GST/HST Registry on the CRA web site) at Apple Canada's request. You warrant that You will notify Apple Canada if You cease to be registered for GST/HST.<br />
(c) If You are registered for GST/HST purposes, You, by executing this Schedule 3, (i) agree to enter into the election pursuant to subsection 177(1.1) of the ETA to have Apple Canada collect, account for and remit GST/HST on sales of Custom B2B Applications made to End-Users in Canada on Your behalf and have completed (including entering its valid GST/HST registration number), signed and returned to Apple Canada Form GST506 (accessible on the iTunes Connect site); and (ii) acknowledge that the commission payable by You to Apple Canada includes GST at a rate of 5% (or the GST rate as applicable from time to time).<br />
(d) If You are not registered for GST/HST purposes, by executing this Schedule 3 and not completing, signing and returning Form GST506 to Apple Canada, You (i) certify that You are not registered for GST/HST purposes; (ii) certify that You are not resident in Canada and do not carry on business in Canada for purposes of the ETA; (iii) acknowledge that Apple Canada will charge, collect and remit GST/HST on sales of Custom B2B Applications to End-Users in Canada made on Your behalf; (iii) acknowledge that the commission payable by You to Apple Canada is zero-rated for GST/HST purposes (i.e., GST/HST rate is 0%); and (iv) agree to indemnify Apple for any GST/HST, interest and penalty assessed against Apple Canada if it is determined that You should have been registered for GST/HST purposes such that the commission fees charged by Apple Canada were subject to GST.<br />
1.3 Quebec Sales Tax<br />
Terms defined in an Act respecting the Quebec Sales Tax (the "QSTA") have the same meaning when used in this Section 1.3 of Exhibit D.<br />
<br />
(a) If You are a resident of Quebec, it is a condition of this Schedule 3, that You are registered for QST or have submitted an application to register for QST to the MRQ with an effective QST registration date of no later than the date of this Schedule 3. You shall provide Apple Canada with satisfactory evidence of Your QST registration (e.g., a copy of Your MRQ confirmation letter or print-out from the QST Registry on the MRQ web site) at Apple Canada's request. You warrant that You will notify Apple Canada if You cease to be registered for QST.<br />
(b) If You are a resident of Quebec, You, by executing this Schedule 3, (i) certify that You are registered for QST; (ii) agree to enter into the election pursuant to section 41.0.1 of the QSTA to have Apple Canada collect, account for and remit QST on sales of Custom B2B Applications to End-Users in Quebec made on Your behalf and have completed (including entering its valid QST registration number), signed and returned to Apple Canada Form FP2506-V; and (iii) acknowledge that Apple Canada will not charge, collect or remit QST on sales of Custom B2B Applications made on Your behalf to End-Users located outside Quebec on the assumption that the End-Users are not resident in Quebec and not registered for QST purposes such that the sales are zero-rated for QST purposes.<br />
(c) If You are not resident in Quebec, by executing this Schedule 3 and not completing, signing and returning Form FP2506-V to Apple Canada, You (i) certify that You are not resident in Quebec; (ii) certify that You do not have a permanent establishment in Quebec; and (iii) acknowledge Apple will charge, collect and remit QST on sales of Custom B2B Applications to End-Users in Quebec made on Your behalf.<br />
1.4 PST<br />
This Section 1.4 of Exhibit D applies to supplies of Custom B2B Applications made by You, through Apple Canada, as agent, to End-Users in the provinces of British Columbia, Saskatchewan, Manitoba, Ontario, Prince Edward Island and any other province that has or that adopts a PST. You acknowledge and agree that Apple Canada will charge, collect and remit applicable PST on sales of Custom B2B Applications made to End-Users in these provinces by Apple Canada on Your behalf.<br />
<br />
2. Delivery of Custom B2B Applications to End-Users in Australia<br />
<br />
Where You designate APL to allow access to the Custom B2B Applications to End-Users in Australia:<br />
<br />
2.1 You shall indemnify and hold Apple harmless against any and all claims by the Commissioner of Taxation ("Commissioner") for nonpayment or underpayment of GST under the A New Tax System (Goods and Services Tax) Act 1999 ("GST Act") and for any penalties and/ or interest thereon. In addition, You shall indemnify and hold Apple harmless against any penalties imposed by the Commissioner for failing to register for GST in Australia.<br />
<br />
2.2 Goods and Services Tax (GST)<br />
<br />
(a) General<br />
(i) This Section 2.2 of Exhibit D applies to supplies made by You, through APL, as agent, that are connected with Australia. Terms defined in the GST Act have the same meaning when used in this Section 2.2.<br />
(ii) Unless expressly stated otherwise, any sum payable or amount used in the calculation of a sum payable under this Schedule 3 has been determined without regard to GST and must be increased on account of any GST payable under this Section 2.2.<br />
(iii) If any GST is payable on any taxable supply made under this Schedule 3 by a supplier to a recipient, the recipient must pay the GST to the supplier at the same time and in the same manner as providing any monetary consideration. For the avoidance of doubt, this includes any monetary consideration that is deducted by APL as commission in accordance with Section 3.4 of this Schedule 3.<br />
(iv) The amount recoverable on account of GST under this clause by APL will include any fines, penalties, interest and other charges.<br />
(v) This Section 2 of Exhibit D survives the termination of the Agreement.<br />
(b) Resident Developers or Non-resident GST-Registered Developers<br />
(i) If You are a resident of Australia, it is a condition of this Schedule 2, that You have an Australian Business Number ("ABN") and are registered for GST or have submitted an application to register for GST to the Commissioner with an effective GST registration date of no later than the date of this Schedule 2. You will provide Apple with satisfactory evidence of Your ABN and GST registration (by uploading to Apple, using the iTunes Connect site, a copy of Your GST registration or print-out from the Australian Business Register) within 30 days of this Schedule 2. You warrant that You will notify Apple if it ceases to hold a valid ABN or be registered for GST.<br />
(ii) If You are a non-resident and are registered for GST, it is a condition of this Schedule 2 that You will provide Apple with satisfactory evidence of Your ABN and GST registration within 30 days of this Schedule 2. You warrant that You will notify Apple if You cease to be registered for GST.<br />
(iii) You and Apple agree to enter into an arrangement for the purposes of s.153-50 of the GST Act. You and Apple further agree that for taxable supplies made by You, through APL as agent, to any End-User:<br />
(A) APL will be deemed as making supplies to any End-User;<br />
(B) You will be deemed as making separate, corresponding supplies to APL;<br />
(C) APL will issue to any End-User, in APL's own name, all tax invoices and adjustment notes relating to supplies made under section (iii)(a);<br />
(D) You will not issue to any End-User any tax invoices or adjustment notes relating to taxable supplies made under section (iii)(a);<br />
(E) APL will issue a recipient created tax invoice to You in respect of any taxable supplies made by You to APL under this Schedule 3, including taxable supplies made under section (iii)(b); and<br />
(F) You will not issue a tax invoice to Apple in respect of any taxable supplies made by You to Apple under this Schedule 3, including taxable supplies made under section (iii)(b).<br />
(c) Non-resident, Non-GST-registered Developers<br />
If You are a non-resident and are not registered for GST, then:<br />
(i) APL will issue to any End-User, in APL's own name, all tax invoices and adjustment notes relating to taxable supplies made by You through APL as agent; and<br />
(ii) You will not issue to any End-User any tax invoices or adjustment notes relating to taxable supplies made by You through APL as agent.<br />
3. Delivery of Custom B2B Applications to End-Users in the United States<br />
Where You designate Apple Inc. to allow access to the Custom B2B Applications to End-Users in the United States:<br />
<br />
3.1 If You are not a resident of the United States for U.S. federal income tax purposes, You will complete Internal Revenue Service Form W-8BEN and/or any other required tax forms and provide Apple with a copy of such completed form(s), and any other information necessary for compliance with applicable tax laws and regulations, as instructed on the iTunes Connect site.<br />
<br />
3.2 If Apple, in its reasonable belief, determines that any state or local sales, use or similar transaction tax may be due from Apple or You in connection with the sale or delivery of any of the Custom B2B Applications, Apple will collect and remit those taxes to the competent tax authorities. To the extent that the incidence of any such tax, or responsibility for collecting that tax, falls upon You, You authorize Apple to act on Your behalf in collecting and remitting that tax, but to the extent that Apple has not collected any such tax, or has not received reimbursement for that tax, from End-Users, You shall remain primarily liable for the tax, and You will reimburse Apple for any tax payments that Apple is required to make, but is not otherwise able to recover.<br />
<br />
3.3 In the event that You incur liability for income tax, franchise tax, business and occupation tax, or any similar taxes based on Your income, You shall be solely responsible for that tax.<br />
<br />
4. Delivery of Custom B2B Applications to End-Users in Japan<br />
<br />
Where You designate iTunes KK to allow access to the Custom B2B Applications to End-Users in Japan:<br />
<br />
4.1 You acknowledge and agree that You have the sole responsibility for: (i) consumption tax output liability, if any, with respect to delivery on Your behalf of Your Custom B2B Applications to End-Users by iTunes KK; (ii) filing of consumption tax returns and payment of consumption tax to the Japanese government, if applicable; and (iii) determining independently, in consultation with Your own tax advisor, Your taxpayer status and tax payment obligations for consumption tax purposes.<br />
<br />
4.2 Commissions charged by iTunes KK to Japan resident developers will include consumption tax.<br />
<br />
4.3 If You are not a resident of Japan, You may complete the withholding tax forms for Your country of residence to claim treaty benefits with Japan. Notwithstanding section 3.3 of Schedule 3, iTunes KK will remit such funds as are due to You prior to receipt of such tax documentation, but in such case in its discretion iTunes KK may withhold and remit to the competent tax authorities Japanese withholding tax unreduced by any tax treaty. iTunes KK will apply any reduced rate of withholding tax provided for in any income tax treaty between Your country of residence and Japan only to remittances made to You after iTunes KK receives and has filed the required tax documentation. iTunes KK will not refund any withholding tax withheld on remittances made prior to that date.<br />
<br />
5. Delivery of Custom B2B Applications to End-Users in countries listed in Exhibit A, Section 2<br />
<br />
Where You designate iTunes Sarl to allow access to the Custom B2B Applications to End-Users in Exhibit A, Section 2:<br />
<br />
You acknowledge that in the event iTunes Sarl is subject to any sales, use, goods and services, value added, or other tax or levy with respect to any remittance to You, the full amount of such tax or levy shall be solely for Your account. For the avoidance of doubt, any invoice issued by You to iTunes Sarl will be limited to amounts actually due to You, which amounts shall be inclusive of any value added or other tax or levy as set forth above. You will indemnify and hold Apple harmless against any and all claims by any competent tax authorities for any underpayment of any such sales, use, goods and services, value added, or other tax or levy, and any penalties and/or interest thereon.<br />
<br />
<br />
<br />
EXHIBIT E<br />
<br />
Instructions for Minimum Terms of Developer's End-User License Agreement<br />
<br />
1. Acknowledgement: You and the End-User must acknowledge that the EULA is concluded between You and the End-User only, and not with Apple, and You, not Apple, are solely responsible for the Custom B2B Application and the content thereof. The EULA may not provide for usage rules for Custom B2B Applications that are less restrictive than the Usage Rules set forth for Custom B2B Applications in, or otherwise be in conflict with, the App Store Terms of Service or the VPP Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).<br />
<br />
2. Scope of License: The license granted to the End-User for the Custom B2B Application must be limited to a non-transferable license to use the Custom B2B Application on an Apple-branded Product that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Solely in connection with certain Apple licensed software, The EULA must authorize a VPP Customer to distribute a single license of Your free apps to multiple End-Users.<br />
<br />
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Custom B2B Application, as specified in the EULA, or as required under applicable law. You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Custom B2B Application.<br />
<br />
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Custom B2B Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Custom B2B Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Custom B2B Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.<br />
<br />
5. Product Claims:You and the End-User must acknowledge that You, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Custom B2B Application or the End-User's possession and/or use of that Custom B2B Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Custom B2B Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit frameworks. The EULA may not limit Your liability to the End-User beyond what is permitted by applicable law.<br />
<br />
6. Intellectual Property Rights: You and the End-User must acknowledge that, in the event of any third party claim that the Custom B2B Application or the End-User's possession and use of that Custom B2B Application infringes that third party's intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.<br />
<br />
7. Legal Compliance: The End-User must represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.<br />
<br />
8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Custom B2B Application should be directed.<br />
<br />
9. Third Party Terms of Agreement: You must state in the EULA that the End-User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application.<br />
<br />
10. Third Party Beneficiary: You and the End-User must acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2476
My Legal Life
2015-11-01T21:45:40Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]<br />
* [[Apple News Content Agreement]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Apple_Developer_Program_License_Agreement&diff=2475
Apple Developer Program License Agreement
2015-11-01T21:42:14Z
<p>Brianegge: Created page with "PLEASE READ THE FOLLOWING APPLE DEVELOPER PROGRAM LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE SOFTWARE OR APPLE SERVICES. THESE TER..."</p>
<hr />
<div>PLEASE READ THE FOLLOWING APPLE DEVELOPER PROGRAM LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE APPLE SOFTWARE OR APPLE SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPLE. <br />
<br />
Apple Developer Program License Agreement<br />
<br />
Purpose<br />
You would like to use the Apple Software (as defined below) to develop one or more Applications (as defined below) for Apple-branded products. Apple is willing to grant You a limited license to use the Apple Software and Services provided to You under this Program to develop and test Your Applications on the terms and conditions set forth in this Agreement.<br />
<br />
Applications developed under this Agreement for iOS Products, Apple Watch, or Apple TV can be distributed in four ways: (1) through the App Store, if selected by Apple, (2) through the B2B Program area of the App Store, if selected by Apple, (3) on a limited basis for use on Registered Devices (as defined below), and (4) for beta testing through TestFlight. Applications developed for OS X can be distributed through the App Store, if selected by Apple, or separately distributed under this Agreement.<br />
<br />
Applications that meet Apple's Documentation and Program Requirements may be submitted for consideration by Apple for distribution via the App Store, B2B Program, or for beta testing through TestFlight. If submitted by You and selected by Apple, Your Applications will be digitally signed by Apple and distributed, as applicable. Distribution of free (no charge) Applications (including those that use the In-App Purchase API for the delivery of free content) will be subject to the distribution terms contained in Schedule 1 to this Agreement. If You would like to distribute Applications for which You will charge a fee or would like to use the In-App Purchase API for the delivery of fee-based content, You must enter into a separate agreement with Apple (“Schedule 2”). If You would like to distribute Applications via the B2B Program, You must enter into a separate agreement with Apple (“Schedule 3”). You may also create Passes (as defined below) for use on Apple-branded products running iOS or watchOS under this Agreement and distribute such Passes for use by Wallet.<br />
<br />
1. Accepting this Agreement; Definitions<br />
1.1 Acceptance<br />
In order to use the Apple Software and Services, You must first accept this Agreement. If You do not or cannot accept this Agreement, You are not permitted to use the Apple Software or Services. Do not download or use the Apple Software or Services in that case. You accept and agree to the terms of this Agreement on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by doing either of the following:<br />
(a) checking the box displayed at the end of this Agreement if You are reading this on an Apple website; or<br />
(b) clicking an “Agree” or similar button, where this option is provided by Apple.<br />
<br />
1.2 Definitions<br />
Whenever capitalized in this Agreement:<br />
<br />
“Ad Support APIs” means the Documented APIs that provide the Advertising Identifier and Advertising Preference.<br />
<br />
“Advertising Identifier” means a unique, non-personal, non-permanent identifier provided by iOS or tvOS through the Ad Support APIs that is associated with a particular iOS Product or Apple TV and is to be used solely for advertising purposes, unless otherwise expressly approved by Apple in writing. <br />
<br />
“Advertising Preference” means the iOS or tvOS setting that enables an end-user to set an ad tracking preference. <br />
<br />
“Agreement” means this Apple Developer Program License Agreement, including any attachments, Schedule 1 and any exhibits thereto which are hereby incorporated by this reference. For clarity, this Agreement supersedes the iOS Developer Program License Agreement (including any attachments, Schedule 1 and any exhibits thereto), the Safari Extensions Digital Signing Agreement, the Safari Extensions Gallery Submission Agreement, and the Mac Developer Program License Agreement.<br />
<br />
“App Store” means an electronic store and its storefronts branded, owned, and/or controlled by Apple, or an Apple Subsidiary or other affiliate of Apple, through which Licensed Applications may be acquired.<br />
<br />
“Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A. <br />
<br />
“Apple Certificates” means the Apple-issued digital certificates provided to You by Apple under the Program. <br />
<br />
“Apple Maps Service” means the mapping platform and Map Data provided by Apple via the MapKit API for iOS version 6 or later and for use by You only in connection with Your Applications.<br />
<br />
“Apple Pay APIs” means the Documented APIs that enable end-users to send payment information they have stored on a supported Apple-branded product to an Application to be used in payment transactions made by or through the Application, and includes other payment-related functionality as described in the Documentation.<br />
<br />
“Apple Pay Payload” means a customer data package passed through the Apple Software and Apple Pay APIs as part of a payment transaction (e.g., name, email, billing address, shipping address, and device account number).<br />
<br />
“Apple Push Notification Service” or “APN” means the Apple Push Notification service that Apple may provide to You to enable You to transmit Push Notifications to Your Application or for use as otherwise permitted herein.<br />
<br />
“APN API” means the Documented API that enables You to use the APN to deliver a Push Notification to Your Application or for use as otherwise permitted herein.<br />
<br />
“Apple Services” or “Services” means the developer services that Apple may provide or make available through the Apple Software or as part of the Program for use with Your Covered Products or development, including any Updates thereto (if any) that may be provided to You by Apple under the Program. <br />
<br />
“Apple Software” means Apple SDKs, iOS, watchOS, tvOS, and/or OS X, the Provisioning Profiles, FPS SDK, FPS Deployment Package, and any other software that Apple provides to You under the Program, including any Updates thereto (if any) that may be provided to You by Apple under the Program. <br />
<br />
“Apple SDKs” means the Apple-proprietary Software Development Kits (SDKs) provided hereunder, including but not limited to header files, APIs, libraries, simulators, and software (source code and object code) labeled as part of iOS, watchOS, tvOS, or Mac SDK and included in the Xcode Developer Tools package for purposes of targeting Apple-branded products running iOS, watchOS, tvOS, or OS X, respectively.<br />
<br />
“Apple Subsidiary” means a corporation at least fifty percent (50%) of whose outstanding shares or securities (representing the right to vote for the election of directors or other managing authority) are owned or controlled, directly or indirectly, by Apple, and that is involved in the operation of or otherwise affiliated with the App Store, B2B Program or TestFlight including without limitation Apple Pty Limited, iTunes S.à.r.l., Apple Canada, and iTunes K.K.<br />
<br />
“Apple TV” means an Apple-branded product that runs the tvOS.<br />
<br />
“Apple Watch” means an Apple-branded product that runs the watchOS.<br />
<br />
“Application” means one or more software programs (including extensions, media, and Libraries that are enclosed in a single software bundle) developed by You in compliance with the Documentation and the Program Requirements, for distribution under Your own trademark or brand, and for specific use with an Apple-branded product running iOS, watchOS, tvOS, or OS X, as applicable, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs. <br />
<br />
“Authorized Developers” means Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty and staff who (a) each have an active and valid Apple Developer account with Apple, (b) have a demonstrable need to know or use the Apple Software in order to develop and test Covered Products, and (c) to the extent such individuals will have access to Apple Confidential Information, each have written and binding agreements with You to protect the unauthorized use and disclosure of such Apple Confidential Information.<br />
<br />
“Authorized Test Units” means Apple-branded hardware units owned or controlled by You that have been designated by You for Your own testing and development purposes under this Program, and if You permit, Apple-branded hardware units owned or controlled by Your Authorized Developers so long as such units are used for testing and development purposes on Your behalf and only as permitted hereunder.<br />
<br />
“Beta Testers” means end-users whom You have invited to sign up for TestFlight in order to test pre-release versions of Your Application and who have accepted the terms and conditions of the TestFlight Application.<br />
<br />
“B2B Program” means the Apple program that offers third parties (who are accepted into the B2B program) the ability to obtain volume purchases of Licensed Applications and/or customized Licensed Applications through the B2B area of the App Store, or as otherwise permitted by Apple. <br />
<br />
“CloudKit APIs” means the Documented APIs that enable Your Applications, Web Software, and/or Your end-users (if You permit them) to read, write, query and/or retrieve structured data from public and/or private containers in iCloud.<br />
<br />
“Covered Products” means Your Applications, Libraries, Passes, Safari Extensions, Safari Push Notifications, and/or FPS implementations developed under this Agreement.<br />
<br />
“Documentation” means any technical or other specifications or documentation that Apple may provide to You for use in connection with the Apple Software, Apple Services, Apple Certificates, or otherwise as part of the Program.<br />
<br />
“Documented API(s)” means the Application Programming Interface(s) documented by Apple in published Apple Documentation and which are contained in the Apple Software.<br />
<br />
“FPS” or “FairPlay Streaming” means Apple’s FairPlay Streaming Server key delivery mechanism as described in the FPS SDK.<br />
<br />
“FPS Deployment Package” means the D Function specification for commercial deployment of FPS, the D Function reference implementation, FPS sample code, and set of unique production keys specifically for use by You with an FPS implementation, if provided by Apple to You.<br />
<br />
“FPS SDK” means the FPS specification, FPS server reference implementation, FPS sample code, and FPS development keys, as provided by Apple to You.<br />
<br />
“FOSS” (Free and Open Source Software) means any software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, including without limitation software distributed under the GNU General Public License or GNU Lesser/Library GPL.<br />
<br />
“Game Center” means the gaming community service and related APIs provided by Apple for use by You in connection with Your Applications that are associated with Your developer account.<br />
<br />
“HealthKit APIs” means the Documented APIs that enable reading, writing, queries and/or retrieval of an end-user’s health and/or fitness information in Apple’s Health application.<br />
<br />
“HomeKit Accessory Protocol” means the proprietary protocol licensed by Apple under Apple’s MFi/Works with Apple Program that enables home accessories designed to work with the HomeKit APIs (e.g., lights, locks) to communicate with compatible iOS Products, Apple Watch and other supported Apple-branded products.<br />
<br />
“HomeKit APIs” means the Documented APIs that enable reading, writing, queries and/or retrieval of an end-user’s home configuration or home automation information from that end-user’s designated area of Apple’s HomeKit Database.<br />
<br />
“HomeKit Database” means Apple’s repository for storing and managing information about an end-user’s Licensed HomeKit Accessories and associated information.<br />
<br />
“iCloud” or “iCloud service” means the iCloud online service provided by Apple that includes remote online storage. <br />
<br />
“iCloud Storage APIs” means the Documented APIs that allow storage and/or retrieval of user-generated documents and other files, and allow storage and/or retrieval of key value data (e.g., a list of stocks in a finance App, settings for an App) for Applications and Web Software through the use of iCloud. <br />
<br />
“In-App Purchase API” means the Documented API that enables additional content, functionality or services to be delivered or made available for use within an Application with or without an additional fee. <br />
<br />
“Intermediary Party” means a party that passes an Apple Pay end-user’s Apple Pay Payload to a Merchant for processing such end-user’s payment transaction outside of an Application. <br />
<br />
"iOS" means the iOS operating system software provided by Apple for use by You only in connection with Your Application development and testing, including any successor versions thereof.<br />
<br />
“iOS Product” means an Apple-branded product that runs iOS.<br />
<br />
“iPod Accessory Protocol” or “iAP” means Apple’s proprietary protocol for communicating with iOS Products and which is licensed under the MFi/Works with Apple Program.<br />
<br />
“iTunes Connect” means Apple’s proprietary online content management tool for Applications.<br />
<br />
“Library” means a code module that cannot be installed or executed separately from an Application and that is developed by You in compliance with the Documentation and Program Requirements only for use with iOS Products, Apple Watch, or Apple TV. <br />
<br />
“Licensed Application” means an Application that (a) meets and complies with all of the Documentation and Program Requirements, and (b) has been selected and digitally signed by Apple for distribution, and includes any additional permitted functionality, content or services provided by You from within an Application using the In-App Purchase API.<br />
<br />
“Licensed Application Information” means screen shots, images, artwork, previews, icons and/or any other text, descriptions, representations or information relating to a Licensed Application that You provide to Apple for use in accordance with Schedule 1, or, if applicable, Schedule 2 or Schedule 3. <br />
<br />
“Licensed HomeKit Accessories” means hardware accessories licensed under the MFi/Works with Apple Program that support the HomeKit Accessory Protocol.<br />
<br />
“Limited Advertising Purposes” means the following limited uses: (i) frequency capping, (ii) attribution (i.e., attributing an Application’s installation to a previously served ad or attributing an action taken within an Application to a previously served ad), (iii) conversion events, (iv) estimating the number of unique users, (v) advertising fraud detection, (vi) debugging for advertising purposes only, and (vii) other uses for advertising that may be permitted by Apple in Documentation for the Ad Support APIs.<br />
<br />
“Local Notification” means a message, including any content or data therein, that Your Application delivers to end-users at a pre-determined time or when Your Application is running in the background and another application is running in the foreground.<br />
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"MFi Licensee" means a party who has been granted a license by Apple under the MFi/Works with Apple Program.<br />
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“MFi/Works with Apple Accessory” or “MFi Accessory” means a non-Apple branded hardware device that interfaces, communicates, or otherwise interoperates with or controls an Apple-branded product using technology licensed under the MFi/Works with Apple Program (e.g., the ability to control an iOS Product through the iPod Accessory Protocol).<br />
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“MFi/Works with Apple Program” means a separate Apple program that offers developers, among other things, a license to incorporate or use certain Apple technology in or with hardware accessories or devices for purposes of interfacing, communicating or otherwise interoperating with or controlling select Apple-branded products. <br />
<br />
“Map Data” means any content, data or information provided through the Apple Maps Service including, but not limited to, imagery, terrain data, latitude and longitude coordinates, transit data, points of interest and traffic data.<br />
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“MapKit API” means the Documented API that enables You to add mapping features or functionality to Applications. <br />
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“Merchant” means a party who processes Apple Pay payment transactions under their own name, trademark, or brand (e.g., their name shows up on the end-user’s credit card statement).<br />
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“Motion & Fitness APIs” means the Documented APIs that are controlled by the Motion & Fitness privacy setting in an iOS Product and that enable access to motion and fitness sensor data (e.g., body motion, step count, stairs climbed), unless the end-user has disabled access to such data.<br />
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“Multitasking” means the ability of Applications to run in the background while other Applications are also running.<br />
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“Network Extension Framework” means the Documented APIs that provide Applications with the ability to customize certain networking features of iOS and OS X (e.g., customizing the authentication process for WiFi Hotspots, VPN features, and content filtering mechanisms).<br />
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“OS X” means the OS X operating system software, including any successor versions thereof.<br />
<br />
“Pass(es)” means one or more digital passes (e.g., movie tickets, coupons, loyalty reward vouchers, boarding passes, membership cards, etc.) developed by You under this Agreement, under Your own trademark or brand, and which are signed with Your Pass Type ID.<br />
<br />
“Pass Information” means the text, descriptions, representations or information relating to a Pass that You provide to Your end-users on or in connection with a Pass.<br />
<br />
“Pass Type ID” means the combination of an Apple Certificate and Push Application ID that is used by You to sign Your Passes and/or communicate with the APN.<br />
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“Program” means the overall Apple development, testing, digital signing, and distribution program contemplated in this Agreement.<br />
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“Program Requirements” mean the technical, human interface, design, product category, security, performance, and other criteria and requirements specified by Apple, including but not limited to the current set of requirements set forth in Section 3.3, as they may be modified from time to time by Apple in accordance with this Agreement. <br />
<br />
“Provisioning Profiles” means the files (including applicable entitlements or other identifiers) that are provided by Apple for use by You in connection with Your Application development and testing, and limited distribution of Your Applications for use on Registered Devices and/or on Authorized Test Units.<br />
<br />
“Push Application ID” means the unique identification number or other identifier that Apple assigns to an Application, Pass or Site in order to permit it to access and use the APN.<br />
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“Push Notification” or “Safari Push Notification” means a notification, including any content or data therein, that You transmit to end-users for delivery in Your Application, Your Pass, and/or in the case of OS X, to the OS X desktop of users of Your Site who have opted in to receive such messages through Safari on OS X.<br />
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“Registered Devices” means Apple-branded hardware units owned or controlled by You, or owned by individuals who are affiliated with You, where such Products have been specifically registered with Apple under this Program.<br />
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“Safari Extensions” means one or more software extensions developed by You under this Agreement only for use with Safari on OS X in compliance with this Agreement.<br />
<br />
“Safari Extensions Gallery” means the Apple-curated collection of Safari Extensions that are hosted by Apple for end-users to download for use with Safari on OS X.<br />
<br />
“Security Solution” means the proprietary Apple content protection system marketed as Fairplay, to be applied to Licensed Applications distributed on the App Store to administer Apple's standard usage rules for Licensed Applications, as such system and rules may be modified by Apple from time to time.<br />
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“Site” means a website provided by You under Your own name, trademark or brand.<br />
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“Term” means the period described in Section 11.<br />
<br />
“TestFlight” means Apple’s beta testing service for pre-release Applications made available through Apple’s TestFlight Application.<br />
<br />
“TestFlight Application” means Apple’s application that enables the distribution of pre-release versions of Your Applications to a limited number of Your Authorized Developers and to a limited number of Beta Testers (as specified in iTunes Connect) through TestFlight.<br />
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“tvOS” means the tvOS operating system software, including any successor versions thereof.<br />
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“Updates” means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of the Apple Software or Services, or to any part of the Apple Software or Services.<br />
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“Wallet” means Apple’s application that has the ability to store and display Passes for use on iOS Products or Apple Watch.<br />
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“WatchKit Extension” means an extension bundled as part of Your Application that accesses the WatchKit framework on iOS to run and display a WatchKit app on the watchOS.<br />
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“watchOS” means the watchOS operating system software, including any successor versions thereof.<br />
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“Web Software” means web-based versions of Your software applications that have the same title and substantially equivalent features and functionality as Your Licensed Application (e.g., feature parity).<br />
<br />
“Website Push ID” means the combination of an Apple Certificate and Push Application ID that is used by You to sign Your Site’s registration bundle and/or communicate with the APN.<br />
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“You” and “Your” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) that has accepted this Agreement under its own developer account and that is using the Apple Software or otherwise exercising rights under this Agreement.<br />
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Note: For the sake of clarity, You may authorize contractors to develop Applications on Your behalf, but any such Applications must be owned by You, submitted under Your own developer account, and distributed as Applications only as expressly permitted herein. You are responsible to Apple for Your contractors’ activities under Your account (e.g., adding them to Your team to perform development work for You) and their compliance with this Agreement. Any actions undertaken by Your contractors arising out of this Agreement shall be deemed to have been taken by You, and You (in addition to Your contractors) shall be responsible to Apple for all such actions.<br />
<br />
2. Internal Use License and Restrictions<br />
2.1 Permitted Uses and Restrictions; Program services<br />
Subject to the terms and conditions of this Agreement, Apple hereby grants You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to:<br />
<br />
(a) Install a reasonable number of copies of the Apple Software provided to You under the Program on Apple-branded products owned or controlled by You, to be used internally by You or Your Authorized Developers for the sole purpose of developing or testing Covered Products designed to operate on the applicable Apple-branded products, except as otherwise expressly permitted in this Agreement;<br />
(b) Make and distribute a reasonable number of copies of the Documentation to Authorized Developers for their internal use only and for the sole purpose of developing or testing Covered Products, except as otherwise expressly permitted in this Agreement;<br />
(c) Install a Provisioning Profile on each of Your Authorized Test Units, up to the number of Authorized Test Units that You have registered and acquired licenses for, to be used internally by You or Your Authorized Developers for the sole purpose of developing and testing Your Applications, except as otherwise expressly permitted in this Agreement;<br />
(d) Install a Provisioning Profile on each of Your Registered Devices, up to the limited number of Registered Devices that You have registered and acquired licenses for, for the sole purpose of enabling the distribution and use of Your Applications on such Registered Devices; and<br />
(e) Incorporate the Apple Certificates issued to You pursuant to this Agreement for purposes of digitally signing Your Applications, Passes, Safari Extensions, Safari Push Notifications, and as otherwise expressly permitted by this Agreement.<br />
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Apple reserves the right to set the limited number of Apple-branded products that each Licensee may register with Apple and obtain licenses for under this Program (a “Block of Registered Device Licenses”). For the purposes of limited distribution on Registered Devices under Section 7.3 (Ad Hoc distribution), each company, organization, educational institution or affiliated group may only acquire one (1) Block of Registered Device Licenses per company, organization, educational institution or group, unless otherwise agreed in writing by Apple. You agree not to knowingly acquire, or to cause others to acquire, more than one Block of Registered Device Licenses for the same company, organization, educational institution or group.<br />
<br />
Apple may provide access to services by or through the Program for You to use with Your developer account (e.g., device or app provisioning, managing teams or other account resources). You agree to access such services only through the Program web portal (which is accessed through Apple’s developer website) or through Apple-branded products that are designed to work in conjunction with the Program (e.g., OS X Server, Xcode). You agree not to create or attempt to create a substitute or similar service through use of or access to the services provided by or through the Program. Further, You may only access such services using the Apple ID associated with Your developer account. Except as otherwise expressly permitted herein, You agree not to share, sell, resell, rent, lease, lend, or otherwise provide access to Your developer account or any services provided therewith, in whole or in part, to anyone who is not an Authorized Developer on Your team, and You understand that each team member must have their own Apple ID to access Your account. To the extent that You own or control an Apple-branded computer running Apple’s OS X Server or Xcode Server (“Server”) and would like to use it for Your own development purposes in connection with the Program, You agree to use Your own Apple ID for such Server, and You shall be responsible for all actions performed by such Server.<br />
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2.2 Authorized Test Units and Pre-Release Apple Software<br />
As long as an Authorized Test Unit contains any pre-release versions of the Apple Software or uses pre-release versions of Services, You agree to restrict access to such Authorized Test Unit to Your Authorized Developers and to not disclose, show, rent, lease, lend, sell or otherwise transfer such Authorized Test Unit to any third party. You further agree to take reasonable precautions to safeguard, and to instruct Your Authorized Developers to safeguard, all Authorized Test Units from loss or theft. Further, subject to the terms of this Agreement, You may deploy Your Applications to Your Authorized Developers for use on a limited number of Authorized Test Units for Your own internal testing and development purposes. <br />
<br />
You acknowledge that by installing any pre-release Apple Software or using any pre-release Services on Your Authorized Test Units, these Units may be “locked” into testing mode and may not be capable of being restored to their original condition. Any use of any pre-release Apple Software or pre-release Services are for evaluation and development purposes only, and You should not use any pre-release Apple Software or pre-release Services in a commercial operating environment or with important data. You should back up any data prior to using the pre-release Apple Software or pre-release Services. Apple shall not be responsible for any costs, expenses or other liabilities You may incur as a result of provisioning Your Authorized Test Units and Registered Devices, Your Covered Product development or the installation or use of this Apple Software or any pre-release Apple Services, including but not limited to any damage to any equipment, or any damage, loss, or corruption of any software, information or data.<br />
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2.3 Confidential Nature of Pre-Release Apple Software and Services<br />
From time to time during the Term, Apple may provide You with pre-release versions of the Apple Software or Services that constitute Apple Confidential Information and are subject to the confidentiality obligations of this Agreement, except as otherwise set forth herein. Such pre-release Apple Software and Services should not be relied upon to perform in the same manner as a final-release, commercial-grade product, nor used with data that is not sufficiently and regularly backed up, and may include features, functionality or APIs for software or services that are not yet available. You acknowledge that Apple may not have publicly announced the availability of such pre-release Apple Software or Services, that Apple has not promised or guaranteed to You that such pre-release software or services will be announced or made available to anyone in the future, and that Apple has no express or implied obligation to You to announce or commercially introduce such software or services or any similar or compatible technology. You expressly acknowledge and agree that any research or development that You perform with respect to pre-release versions of the Apple Software or Services is done entirely at Your own risk.<br />
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2.4 Copies<br />
You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary notices (as they appear in the Apple Software and Documentation provided) in all copies of the Apple Software and Documentation that You are permitted to make under this Agreement.<br />
<br />
2.5 Ownership<br />
Apple retains all rights, title, and interest in and to the Apple Software, Services, and any Updates it may make available to You under this Agreement. You agree to cooperate with Apple to maintain Apple's ownership of the Apple Software and Services, and, to the extent that You become aware of any claims relating to the Apple Software or Services, You agree to use reasonable efforts to promptly provide notice of any such claims to Apple. The parties acknowledge that this Agreement does not give Apple any ownership interest in Your Covered Products.<br />
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2.6 No Other Permitted Uses<br />
Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Apple Software, Apple Certificates, or any Services, in whole or in part, or to enable others to do so. You may not use the Apple Software, Apple Certificates, or any Services provided hereunder for any purpose not expressly permitted by this Agreement, including any applicable Attachments and Schedules. You agree not to install, use or run the Apple SDKs on any non-Apple-branded computer, not to install, use or run iOS, watchOS, tvOS, OS X and Provisioning Profiles on or in connection with devices other than Apple-branded products, or to enable others to do so. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Apple Software, Apple Certificates or any Services provided by the Apple Software or otherwise provided hereunder, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the Apple Software). You agree not to exploit any Apple Software, Apple Certificates, or Services provided hereunder in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or by harvesting or misusing data provided by such Apple Software, Apple Certificates, or Services. Any attempt to do so is a violation of the rights of Apple and its licensors of the Apple Software or Services. If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by Apple, by implication, estoppel, or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to Apple, including but not limited to the iPhone or iPod word marks. If You make reference to any Apple products or technology or use Apple’s trademarks, You agree to comply with the published guidelines at http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html, as they may be modified by Apple from time to time.<br />
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2.7 FPS SDK and FPS Deployment Package<br />
You may use the FPS SDK to develop and test a server-side implementation of FPS, solely for use with video streamed by You (or on Your behalf) through Your Applications on iOS Products and/or Apple TV, through Safari on OS X, or as otherwise approved by Apple in writing (collectively, “Authorized FPS Applications”). You understand that You will need to request the FPS Deployment Package on the Program web portal prior to any production or commercial use of FPS. As part of such request, You will need to submit information about Your requested use of FPS. Apple will review Your request and reserves the right to not provide You with the FPS Deployment Package at its sole discretion, in which case You will not be able to deploy FPS. Any development and testing You perform with the FPS SDK is at Your own risk and expense, and Apple will not be liable to You for such use or for declining Your request to use FPS in a production or commercial environment.<br />
<br />
If Apple provides You with the FPS Deployment Package, You agree to use it solely as approved by Apple and only in connection with video content streamed by You (or on Your behalf) to Authorized FPS Applications. Except as permitted in Section 2.9 (Third-Party Service Providers), You will not provide the FPS Deployment Package to any third party or sublicense, sell, resell, lease, disclose, or re-distribute the FPS Deployment Package or FPS SDK to any third party (or any implementation thereof) without Apple’s prior written consent. <br />
<br />
You acknowledge and agree that the FPS Deployment Package (including the set of FPS production keys) is Apple Confidential Information as set forth in Section 9 (Confidentiality). Further, such FPS keys are unique to Your company or organization, and You are solely responsible for storing and protecting them. You may use such FPS keys solely for the purpose of delivering and protecting Your content key that is used to decrypt video content streamed by You to Authorized FPS Applications. Apple will have no liability or responsibility for unauthorized access to or use of any FPS key or any content streamed or otherwise delivered under this Agreement in connection with FPS. In the event that Your FPS key is disclosed, discovered, misappropriated or lost, You may request that Apple revoke it by emailing product-security@apple.com, and You understand that Apple will have no obligation to provide a replacement key. Apple reserves the right to revoke Your FPS key at any time if requested by You, in the event of a breach of this Agreement by You, if otherwise deemed prudent or reasonable by Apple, or upon expiration or termination of this Agreement for any reason.<br />
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You acknowledge and agree that Apple reserves the right to revoke or otherwise remove Your access to and use of FPS (or any part thereof) at any time in its sole discretion. Further, Apple will have no obligation to provide any modified, updated or successor version of the FPS Deployment Package or the FPS SDK to You and will have no obligation to maintain compatibility with any prior version. If Apple makes new versions of the FPS Deployment Package or FPS SDK available to You, then You agree to update to them within a reasonable time period if requested to do so by Apple. <br />
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2.8 Use of Apple Services<br />
Apple may provide access to Apple Services that Your Covered Products may call through APIs in the Apple Software and/or that Apple makes available to You through other mechanisms, e.g., through the use of keys that Apple may make accessible to You under the Program. You agree to access such Apple Services only through the mechanisms provided by Apple for such access and only for use on Apple-branded products. Except as permitted in Section 2.9 (Third-Party Service Providers) or as otherwise set forth herein, You agree not to share access to mechanisms provided to You by Apple for the use of the Services with any third party. Further, You agree not to create or attempt to create a substitute or similar service through use of or access to the Apple Services.<br />
<br />
You agree to access and use such Services only as necessary for providing services and functionality for Your Covered Products that are eligible to use such Services and only as permitted by Apple in writing, including in the Documentation. You may not use the Apple Services in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Apple, or that violates any applicable laws or regulations. You agree that the Apple Services contain proprietary content, information and material owned by Apple and its licensors, and protected by applicable intellectual property and other laws. You may not use such proprietary content, information or materials in any way whatsoever, except for the permitted uses of the Apple Services under this Agreement, or as otherwise agreed by Apple in writing.<br />
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You understand there may be storage capacity, transmission, and/or transactional limits for the Apple Services both for You as a developer and for Your end-users. If You reach or Your end-user reaches such limits, then You or Your end-user may be unable to use the Apple Services or may be unable to access or retrieve data from such Services through Your Covered Products or through the applicable end-user accounts. You agree not to charge any fees to end-users solely for access to or use of the Apple Services through Your Covered Products or for any content, data or information provided therein, and You agree not to sell access to the Apple Services in any way. You agree not to fraudulently create any end-user accounts or induce any end-user to violate the terms of their applicable end-user terms or service agreement with Apple or to violate any Apple usage policies for such end-user services. Except as expressly set forth herein, You agree not to interfere with an end-user’s ability to access or use any such services. <br />
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Apple reserves the right to change, suspend, deprecate, limit, or disable access to the Apple Services, or any part thereof, at any time without notice (including revoking entitlements or changing any APIs in the Apple Software that enable access to the Services). In no event will Apple be liable for the removal of or disabling of access to any of the foregoing. Apple may also impose limits and restrictions on the use of or access to the Apple Services, may remove the Apple Services for indefinite time periods, may revoke Your access to the Apple Services, or may cancel the Apple Services (or any part thereof) at any time without notice or liability to You and in its sole discretion. <br />
<br />
Apple does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by any Apple Services. To the extent You choose to use the Apple Services with Your Covered Products, You are responsible for Your reliance on any such data or information. You are responsible for Your use of the Apple Software and Apple Services, and if You use such Services, then it is Your responsibility to maintain appropriate alternate backup of all Your content, information and data, including but not limited to any content that You may provide to Apple for hosting as part of Your use of the Services. You understand and agree that You may not be able to access certain Apple Services upon expiration or termination of this Agreement and that Apple reserves the right to suspend access to or delete content, data or information that You or Your Covered Product have stored through Your use of such Services provided hereunder. You should review the Documentation and policy notices posted by Apple prior to using any Apple Services. <br />
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Apple Services may not be available in all languages or in all countries, and Apple makes no representation that any such Services would be appropriate, accurate or available for use in any particular location or product. To the extent You choose to use the Apple Services with Your Applications, You do so at Your own initiative and are responsible for compliance with any applicable laws. Apple reserves the right to charge fees for Your use of the Apple Services. Apple will inform You of any Apple Service fees or fee changes by email and information about such fees will be posted in the Program web portal, iTunes Connect or the Cloudkit dashboard. Apple Service availability and pricing are subject to change. Further, Apple Services may not be made available for all Covered Products and may not be made available to all developers. Apple reserves the right to not provide (or to cease providing) the Apple Services to any or all developers at any time in its sole discretion.<br />
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2.9 Third-Party Service Providers<br />
Unless otherwise prohibited by Apple in the Documentation, You are permitted to employ or retain a third party (“Service Provider”) to assist You in using the Apple Software and Services provided pursuant to this Agreement, including, but not limited to, engaging any such Service Provider to maintain and administer Your Applications’ servers on Your behalf, provided that any such Service Provider’s use of the Apple Software and Services or any materials associated therewith is done solely on Your behalf and only in accordance with these terms. You agree to have a binding written agreement with Your Service Provider with terms at least as restrictive and protective of Apple as those set forth herein. Any actions undertaken by any such Service Provider in relation to Your Applications or use of the Apple Software or Apple Services and/or arising out of this Agreement shall be deemed to have been taken by You, and You (in addition to the Service Provider) shall be responsible to Apple for all such actions (or any inactions). In the event of any actions or inactions by the Service Provider that would constitute a violation of this Agreement or otherwise cause any harm, Apple reserves the right to require You to cease using such Service Provider.<br />
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2.10 Updates; No Support or Maintenance<br />
Apple may extend, enhance, or otherwise modify the Apple Software or Services (or any part thereof) provided hereunder at any time without notice, but Apple shall not be obligated to provide You with any Updates to the Apple Software or Services. If Updates are made available by Apple, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. You understand that such modifications may require You to change or update Your Covered Products. Further, You acknowledge and agree that such modifications may affect Your ability to use, access, or interact with the Apple Software and Services. Apple is not obligated to provide any maintenance, technical or other support for the Apple Software or Services. You acknowledge that Apple has no express or implied obligation to announce or make available any Updates to the Apple Software or to any Services to anyone in the future. Should an Update be made available, it may have APIs, features, services or functionality that are different from those found in the Apple Software licensed hereunder or the Services provided hereunder.<br />
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3. Your Obligations<br />
3.1 General<br />
You certify to Apple and agree that:<br />
(a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement;<br />
(b) All information provided by You to Apple or Your end-users in connection with this Agreement or Your Covered Products, including without limitation Licensed Application Information or Pass Information, will be current, true, accurate, supportable and complete and, with regard to information You provide to Apple, You will promptly notify Apple of any changes to such information. Further, You agree that Apple may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property questions, customer service inquiries, etc.);<br />
(c) You will comply with the terms of and fulfill Your obligations under this Agreement, including obtaining any required consents for Your Authorized Developers’ use of the Apple Software and Services, and You agree to monitor and be fully responsible for all such use by Your Authorized Developers and their compliance with the terms of this Agreement;<br />
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Your Authorized Developers in connection with the Apple Software and Apple Services, the Authorized Test Units, Registered Devices, Your Covered Products and Your related development and distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any other hardware, software or services used by You in connection with Your use of any services;<br />
(e) For the purposes of Schedule 1(if applicable), You represent and warrant that You own or control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent for the delivery of Your Licensed Applications, and that the fulfillment of such appointment by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party; and<br />
(f) You will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement.<br />
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3.2 Use of the Apple Software<br />
As a condition to using the Apple Software and any Apple Services, You agree that:<br />
(a) You will use the Apple Software and any services only for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;<br />
(b) You will not use the Apple Software or any Apple Services for any unlawful or illegal activity, nor to develop any Covered Product, which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act;<br />
(c) Your Application, Library and/or Pass will be developed in compliance with the Documentation and the Program Requirements, the current set of which is set forth in Section 3.3 below;<br />
(d) To the best of Your knowledge and belief, Your Covered Products, Licensed Application Information, and Pass Information do not and will not violate, misappropriate, or infringe any Apple or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g., musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Application);<br />
(e) You will not, through use of the Apple Software, Apple Certificates, services or otherwise, create any Covered Product or other code or program that would disable, hack or otherwise interfere with the Security Solution, or any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by iOS, watchOS, tvOS, the Apple Software, or any services, or other Apple software or technology, or enable others to do so (except to the extent expressly permitted by Apple in writing);<br />
(f) You will not, directly or indirectly, commit any act intended to interfere with the Apple Software or Services, the intent of this Agreement, or Apple’s business practices including, but not limited to, taking actions that may hinder the performance or intended use of the App Store, B2B Program, or the Program (e.g., submitting fraudulent reviews of Your own Application or any third party application, choosing a name for Your Application that is substantially similar to the name of a third party application in order to create consumer confusion, or squatting on application names to prevent legitimate third party use);<br />
(g) Applications for iOS Products, Apple Watch, or Apple TV developed using the Apple Software may be distributed only if selected by Apple (in its sole discretion) for distribution via the App Store, B2B Program, for beta distribution through TestFlight, or through Ad Hoc distribution as contemplated in this Agreement;<br />
(h) Passes developed using the Apple Software may be distributed to Your end-users via email, a website or an Application. You agree that all development of Passes must be in accordance with the terms of this Agreement, including Attachment 5; and<br />
(i) Safari Extensions signed with an Apple Certificate may be distributed to Your end-users in accordance with the terms of this Agreement, including Attachment 7.<br />
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3.3 Program Requirements<br />
Any Application that will be submitted to the App Store, B2B Program or TestFlight, or that will be distributed through Ad Hoc distribution, must be developed in compliance with the Documentation and the Program Requirements, the current set of which is set forth below in this Section 3.3. Libraries and Passes are subject to the same criteria:<br />
<br />
APIs and Functionality:<br />
<br />
3.3.1 Applications may only use Documented APIs in the manner prescribed by Apple and must not use or call any private APIs. Further, OS X Applications submitted to Apple for distribution on the App Store may use only Documented APIs included in the default installation of OS X or as bundled with Xcode and the Mac SDK; deprecated technologies (such as Java) may not be used.<br />
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3.3.2 Except as set forth in the next paragraph, an Application may not download or install executable code. Interpreted code may only be used in an Application if all scripts, code and interpreters are packaged in the Application and not downloaded. The only exceptions to the foregoing are scripts and code downloaded and run by Apple's built-in WebKit framework or JavascriptCore, provided that such scripts and code do not change the primary purpose of the Application by providing features or functionality that are inconsistent with the intended and advertised purpose of the Application as submitted to the App Store. <br />
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For OS X Applications submitted to Apple for distribution on the App Store, an Application may install or run interpreted or executable code (e.g., plug-ins and extensions) for use in conjunction with the Application only so long as such code: (a) does not change the Application's submitted binary or would not otherwise be considered an update (as determined in Apple’s sole discretion); and (b) does not change the primary purpose of the Application by providing features or functionality that are inconsistent with the intended and advertised purpose of the Application as submitted to the App Store.<br />
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3.3.3 Without Apple’s prior written approval or as permitted under Section 3.3.25 (In-App Purchase API), an Application may not provide, unlock or enable additional features or functionality through distribution mechanisms other than the App Store, B2B Program or TestFlight.<br />
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3.3.4 An Application for iOS watchOS, or tvOS may only read data from or write data to an Application's designated container area on the device, except as otherwise specified by Apple. For OS X Applications submitted to Apple for distribution on the App Store: (a) all files necessary for the Application to execute on OS X must be in the Application bundle submitted to Apple and must be installed by the App Store; (b) all localizations must be in the same Application bundle and may not include a suite or collection of independent applications within a single Application bundle; (c) native user interface elements or behaviors of OS X (e.g., the system menu, window sizes, colors, etc.) may not be altered, modified or otherwise changed; (d) You may not use any digital rights management or other copy or access control mechanisms in such Applications without Apple’s written permission or as specified in the Documentation; and (e) except as otherwise permitted by Section 3.3.25 (In-App Purchase API), such Applications may not function as a distribution mechanism for software and may not include features or functionality that create or enable a software store, distribution channel or other mechanism for software delivery within such Applications (e.g., an audio application may not include an audio filter plug-in store within the Application).<br />
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3.3.5 An Application for an iOS Product must have at least the same features and functionality when run by a user in compatibility mode on an iPad (e.g., an iPhone app running in an equivalent iPhone-size window on an iPad must perform in substantially the same manner as when run on the iPhone; provided that this obligation will not apply to any feature or functionality that is not supported by a particular hardware device, such as a video recording feature on a device that does not have a camera). Further, You agree not to interfere or attempt to interfere with the operation of Your Application in compatibility mode.<br />
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3.3.6 You may use the Multitasking services only for their intended purposes as described in the Documentation.<br />
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User Interface, Data Collection, Local Laws and Privacy:<br />
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3.3.7 Applications must comply with the Human Interface Guidelines and other Documentation provided by Apple.<br />
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3.3.8 If Your Application makes recordings (including but not limited to an image, picture or voice capture or recording) (collectively “Recordings”), a reasonably conspicuous audio, visual or other indicator must be displayed to the user as part of the Application to indicate that a Recording is taking place. In addition, any form of data, content or information collection, processing, maintenance, uploading, syncing, storage, transmission, sharing, disclosure or use performed by, through or in connection with Your Application must comply with all applicable privacy laws and regulations as well as any related Program Requirements, including but not limited to any notice or consent requirements.<br />
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3.3.9 You and Your Applications (and any third party with whom You have contracted to serve advertising) may not collect user or device data without prior user consent, and then only to provide a service or function that is directly relevant to the use of the Application, or to serve advertising in accordance with Sections 3.3.12 and 3.3.13. You may not use analytics software in Your Application to collect and send device data to a third party. Further, neither You nor Your Application will use any permanent, device-based identifier, or any data derived therefrom, for purposes of uniquely identifying a device.<br />
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3.3.10 You must provide clear and complete information to users regarding Your collection, use and disclosure of user or device data, e.g., a link to Your privacy policy on the App Store. Furthermore, You must take appropriate steps to protect such data from unauthorized use, disclosure or access by third parties. If a user ceases to consent or affirmatively revokes consent for Your collection, use or disclosure of his or her user or device data, You (and any third party with whom You have contracted to serve advertising) must promptly cease all such use. In addition, if Your Application accesses the HealthKit, Motion & Fitness, HomeKit, or Apple Pay APIs, provides keyboard extension functionality, or is primarily intended for use by children, You must provide a privacy policy to Your end-users explaining Your collection, use, disclosure and retention of user or device data.<br />
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3.3.11 Applications must comply with all applicable criminal, civil and statutory laws and regulations, including those in any jurisdictions in which Your Applications may be offered or made available. In addition:<br />
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- You and the Application must comply with all applicable privacy and data collection laws and regulations with respect to any collection, use or disclosure of user or device data;<br />
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- Applications may not be designed or marketed for the purpose of harassing, abusing, spamming, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others;<br />
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- Neither You nor Your Application may perform any functions or link to any content, services, information or data or use any robot, spider, site search or other retrieval application or device to scrape, mine, retrieve, cache, analyze or index software, data or services provided by Apple or its licensors, or obtain (or try to obtain) any such data, except the data that Apple expressly provides or makes available to You in connection with such services. You agree that You will not collect, disseminate or use any such data for any unauthorized purpose; and<br />
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- If Your Application is intended for human subject research, then You agree to inform participants of the intended uses and disclosures of their personally identifiable data as part of such research and to obtain consent from such participants (or their guardians) who will be using Your Application for such research purposes. Further, You shall prohibit third parties to whom You provide any de-identified or coded data from re-identifying (or attempting to re-identify) any participants using such data without participant consent, and You agree to require that such third parties pass the foregoing restriction on to any other parties who receive such de-identified or coded data.<br />
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Advertising Identifier:<br />
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3.3.12 You and Your Applications (and any third party with whom You have contracted to serve advertising) may use the Advertising Identifier, and any information obtained through the use of the Advertising Identifier, only for the purpose of serving advertising. If a user resets the Advertising Identifier, then You agree not to combine, correlate, link or otherwise associate, either directly or indirectly, the prior Advertising Identifier and any derived information with the reset Advertising Identifier.<br />
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Advertising Preference:<br />
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3.3.13 For Applications compiled for any iOS version or tvOS version providing access to the Ad Support APIs:<br />
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- You agree to check a user’s Advertising Preference prior to serving any advertising using the Advertising Identifier, and You agree to abide by a user’s setting in the Advertising Preference; and<br />
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- If a user has set their Advertising Preference to limit ad tracking, You may use the Advertising Identifier, and any information obtained through the use of the Advertising Identifier, only for Limited Advertising Purposes.<br />
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Location and Maps; User Consents:<br />
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3.3.14 Applications that use location-based APIs (e.g., Core Location, MapKit API) or otherwise provide location-based services may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application.<br />
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3.3.15 If You choose to provide Your own location-based service, data and/or information in conjunction with the Apple maps provided through the Apple Maps Service (e.g., overlaying a map or route You have created on top of an Apple map), You are solely responsible for ensuring that Your service, data and/or information correctly aligns with any Apple maps used. For Applications that use location-based APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.<br />
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3.3.16 Applications must not disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user's location data, address book data, calendar, photos, and/or reminders are being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, Applications may not collect, transmit, maintain, process or utilize such data or perform any other actions for which the user’s consent has been denied or withdrawn.<br />
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3.3.17 If Your Application uses or accesses the MapKit API from a device running iOS version 6 or later, Your Application will access and use the Apple Maps Service. All use of the MapKit API and Apple Maps Service must be in accordance with the terms of this Agreement (including the Program Requirements) and Attachment 6 (Additional Terms for the use of the Apple Maps Service). If Your Application uses or accesses the MapKit API from a device running iOS version 5 or earlier, Your Application will access and use the Google Mobile Maps (GMM) service. Such use of the GMM Service is subject to Google’s Terms of Service which are set forth at: http://code.google.com/apis/maps/terms/iPhone.html. If You do not accept such Google Terms of Service, including, but not limited to all limitations and restrictions therein, You may not use the GMM service in Your Application, and You acknowledge and agree that such use will constitute Your acceptance of such Terms of Service.<br />
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Content and Materials:<br />
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3.3.18 Any master recordings and musical compositions embodied in Your Application must be wholly-owned by You or licensed to You on a fully paid-up basis and in a manner that will not require the payment of any fees, royalties and/or sums by Apple to You or any third party. In addition, if Your Application will be distributed outside of the United States, any master recordings and musical compositions embodied in Your Application (a) must not fall within the repertoire of any mechanical or performing/communication rights collecting or licensing organization now or in the future and (b) if licensed, must be exclusively licensed to You for Your Application by each applicable copyright owner.<br />
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3.3.19 If Your Application includes or will include any other content, You must either own all such content or have permission from the content owner to use it in Your Application.<br />
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3.3.20 Applications may be rejected if they contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgment may be found objectionable or inappropriate, for example, materials that may be considered obscene, pornographic, or defamatory.<br />
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3.3.21 Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g., computer viruses, trojan horses, “backdoors”) which could damage, destroy, or adversely affect the Apple Software, services, Apple-branded products, or other software, firmware, hardware, data, systems, services, or networks.<br />
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3.3.22 If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms. You also agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the Apple Software to be subject to any FOSS licensing terms or obligations.<br />
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3.3.23 Your Application may include promotional sweepstake or contest functionality provided that You are the sole sponsor of the promotion and that You and Your Application comply with any applicable laws and fulfill any applicable registration requirements in the country or territory where You make Your Application available and the promotion is open. You agree that You are solely responsible for any promotion and any prize, and also agree to clearly state in binding official rules for each promotion that Apple is not a sponsor of, or responsible for conducting, the promotion.<br />
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3.3.24 Your Application may include a direct link to a page on Your web site where You include the ability for an end-user to make a charitable contribution, provided that You comply with any applicable laws (which may include providing a receipt), and fulfill any applicable regulation or registration requirements, in the country or territory where You enable the charitable contribution to be made. You also agree to clearly state that Apple is not the fundraiser.<br />
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In-App Purchase API:<br />
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3.3.25 All use of the In-App Purchase API and related services must be in accordance with the terms of this Agreement (including the Program Requirements) and Attachment 2 (Additional Terms for Use of the In-App Purchase API).<br />
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Network Extension Framework:<br />
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3.3.26 Your Application must not access the Network Extension Framework unless Your Application is primarily designed for providing networking capabilities, and You have received an entitlement from Apple for such access. You agree to the following if You receive such entitlement:<br />
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- You agree to clearly disclose to end-users how You and Your Application will be using their network information and, if applicable, filtering their network data, and You agree to use such data and information only as expressly consented to by the end-user and as expressly permitted herein;<br />
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- You agree to store and transmit network information or data from an end-user in a secure and appropriate manner;<br />
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- You agree not to divert an end-user’s network data or information through any undisclosed, improper, or misleading processes, e.g., to filter it through a website to obtain advertising revenue or spoof a website;<br />
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- You agree not to use any network data or information from end-users to bypass or override any end-user settings, e.g., You may not track an end-user’s WiFi network usage to determine their location if they have disabled location services for Your Application; and<br />
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- Notwithstanding anything to the contrary in Section 3.3.9, You and Your Application may not use the Network Extension Framework, or any data or information obtained through the Network Extension Framework, for any purpose other than providing networking capabilities in connection with Your Application (e.g., not for using an end-user’s Internet traffic to serve advertising or to otherwise build user profiles for advertising).<br />
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Apple reserves the right to not provide You with an entitlement to use the Network Extension Framework in its sole discretion and to revoke such entitlement at any time. <br />
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MFi Accessories:<br />
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3.3.27 Your Application may interface, communicate, or otherwise interoperate with or control an MFi Accessory (as defined above) through wireless transports or through Apple's lightning or 30-pin connectors only if (i) such MFi Accessory is licensed under Apple's MFi/Works with Apple Program at the time that You initially submit Your Application, (ii) the MFi Licensee has added Your Application to a list of those approved for interoperability with their MFi Accessory, and (iii) the MFi Licensee has received approval from the Apple MFi/Works with Apple Program for such addition.<br />
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Regulatory Compliance:<br />
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3.3.28 You will fulfill any applicable regulatory requirements, including full compliance with all applicable laws, regulations, and policies related to the manufacturing, marketing, sale and distribution of Your Application in the United States, and in particular the requirements of the U.S. Food and Drug Administration (“FDA”) as well as other U.S. regulatory bodies such as the FAA, HHS, FTC, and FCC, and the laws, regulations and policies of any other applicable regulatory bodies in any countries or territories where You use or make Your Application available, e.g., MHRA, CFDA. However, You agree that You will not seek any regulatory marketing permissions or make any determinations that may result in any Apple products being deemed regulated or that may impose any obligations or limitations on Apple. By submitting Your Application to Apple for selection for distribution, You represent and warrant that You are in full compliance with any applicable laws, regulations, and policies, including but not limited to all FDA laws, regulations and policies, related to the manufacturing, marketing, sale and distribution of Your Application in the United States, as well as in other countries or territories where You plan to make Your Application available. You also represent and warrant that You will market Your Application only for its cleared or approved intended use/indication for use, and only in strict compliance with applicable regulatory requirements. Upon Apple’s request, You agree to promptly provide any such clearance documentation to support the marketing of Your Application. If requested by the FDA or by another government body that has a need to review or test Your Application as part of its regulatory review process, You may provide Your Application to such entity for review purposes. You agree to promptly notify Apple in accordance with the procedures set forth in Section 14.5 of any complaints or threats of complaints regarding Your Application in relation to any such regulatory requirements, in which case Apple may remove Your Application from distribution. <br />
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Cellular Network:<br />
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3.3.29 If an Application requires or will have access to the cellular network, then additionally such Application:<br />
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- Must comply with Apple's best practices and other guidelines on how Applications should access and use the cellular network; and<br />
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- Must not in Apple's reasonable judgment excessively use or unduly burden network capacity or bandwidth.<br />
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3.3.30 Because some mobile network operators may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, such as the use of VoIP telephony over a cellular network, and may also impose additional fees, or other charges in connection with VoIP, You agree to inform end-users, prior to purchase, to check the terms of agreement with their operator, for example, by providing such notice in the marketing text that You provide accompanying Your Application on the App Store. In addition, if Your Application allows end-users to send SMS messages, then You must inform the end-user, prior to use of such functionality, that standard text messaging rates or other carrier charges may apply to such use.<br />
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Apple Push Notification Service and Local Notifications:<br />
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3.3.31 All use of Push Notifications via the Apple Push Notification Service or Local Notifications must be in accordance with the terms of this Agreement (including the Program Requirements) and Attachment 1 (Additional Terms for Apple Push Notification Service and Local Notifications).<br />
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Game Center:<br />
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3.3.32 All use of the Game Center must be in accordance with the terms of this Agreement (including the Program Requirements) and Attachment 3 (Additional Terms for the Game Center).<br />
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iCloud:<br />
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3.3.33 All use of the iCloud Storage APIs and CloudKit APIs, as well as Your use of the iCloud service under this Agreement, must be in accordance with the terms of this Agreement (including the Program Requirements) and Attachment 4 (Additional Terms for the use of iCloud).<br />
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Wallet:<br />
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3.3.34 Your development of Passes, and use of the Pass Type ID and Wallet under this Agreement, must be in accordance with the terms of this Agreement (including the Program Requirements) and Attachment 5 (Additional Terms for Passes).<br />
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Additional Services or End-User Pre-Release Software:<br />
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3.3.35 From time to time, Apple may provide access to additional Services or pre-release Apple Software for You to use in connection with Your Applications, or as an end-user for evaluation purposes. Some of these may be subject to separate terms and conditions in addition to this Agreement, in which case Your usage will also be subject to those terms and conditions. Such services or software may not be available in all languages or in all countries, and Apple makes no representation that they will be appropriate or available for use in any particular location. To the extent You choose to access such services or software, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. To the extent any such software includes Apple’s FaceTime or Messages feature, You acknowledge and agree that when You use such features, the telephone numbers and device identifiers associated with Your Authorized Test Units, as well as email addresses and/or Apple ID information You provide, may be used and maintained by Apple to provide and improve such software and features. Certain services made accessible to You through the Apple Software may be provided by third parties. You acknowledge that Apple will not have any liability or responsibility to You or any other person (including to any end-user) for any third-party services or for any Apple services. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any services at any time. In no event will Apple be liable for the removal or disabling of access to any such services. Further, upon any commercial release of such software or services, or earlier if requested by Apple, You agree to cease all use of the pre-release Apple Software or Services provided to You as an end-user for evaluation purposes under this Agreement.<br />
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3.3.36 If Your Application accesses the Twitter service through the Twitter API, such access is subject to the Twitter terms of service set forth at: http://dev.twitter.com. If You do not accept such Twitter terms of service, including, but not limited to all limitations and restrictions therein, You may not access the Twitter service in Your Application through the use of the Twitter API, and You acknowledge and agree that such use will constitute Your acceptance of such terms of service. <br />
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3.3.37 If Your Application accesses data from an end-user’s Address Book through the Address Book API, You must notify and obtain consent from the user before his or her Address Book data is accessed or used by Your Application. Further, Your Application may not provide an automated mechanism that transfers only the Facebook Data portions of the end-user’s Address Book altogether to a location off of the end-user’s device. For the sake of clarity, this does not prohibit an automated transfer of the user’s entire Address Book as a whole, so long as user notification and consent requirements have been fulfilled; and does not prohibit enabling users to transfer any portion of their Address Book data manually (e.g., by cutting and pasting) or enabling them to individually select particular data items to be transferred.<br />
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Extensions:<br />
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3.3.38 Applications that include extensions in the Application bundle must provide some functionality beyond just the extensions (e.g., help screens, additional settings), unless an Application includes a WatchKit Extension. In addition:<br />
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- Extensions (excluding WatchKit Extensions) may not include advertising, product promotion, direct marketing, or In-App Purchase offers in their extension view;<br />
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- Extensions may not block the full screen of an iOS Product or Apple TV, or redirect, obstruct or interfere in an undisclosed or unexpected way with a user’s use of another developer’s application or any Apple-provided functionality or service;<br />
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- Extensions may operate only in Apple-designated areas of iOS, watchOS or tvOS as set forth in the Documentation;<br />
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- Extensions that provide keyboard functionality must be capable of operating independent of any network access and must include Unicode characters (vs. pictorial images only); and <br />
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- Any keystroke logging done by any such extension must be clearly disclosed to the end-user prior to any such data being sent from an iOS Product, and notwithstanding anything else in Section 3.3.9, such data may be used only for purposes of providing or improving the keyboard functionality of Your Application (e.g., not for serving advertising).<br />
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HealthKit APIs and Motion & Fitness APIs:<br />
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3.3.39 Your Application must not access the HealthKit APIs or Motion & Fitness APIs unless it is primarily designed to provide health, motion, and/or fitness services, and this usage is clearly evident in Your marketing text and user interface. In addition:<br />
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- Notwithstanding anything to the contrary in Section 3.3.9, You and Your Application may not use the HealthKit APIs or the Motion & Fitness APIs, or any information obtained through the HealthKit APIs or the Motion & Fitness APIs, for any purpose other than providing health, motion, and/or fitness services in connection with Your Application (e.g., not for serving advertising);<br />
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- You must not use the HealthKit APIs or the Motion & Fitness APIs, or any information obtained through the HealthKit APIs or the Motion & Fitness APIs, to disclose or provide an end-user’s health, motion, and/or fitness information to a third party without express end-user consent, and then only for purposes of enabling the third party to provide health, motion, and/or fitness services. For example, You must not share or sell an end-user’s health information collected through the HealthKit APIs or Motion & Fitness APIs to advertising platforms, data brokers or information resellers. For clarity, You may allow end-users to consent to share their data with third parties for medical research purposes; and<br />
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- You agree to clearly disclose to end-users how You and Your Application will be using their health, motion, and/or fitness information and to use it only as expressly consented to by the end-user and as expressly permitted herein.<br />
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3.3.40 If Your Application accesses NikeFuel points information through the HealthKit APIs, then Your use of the NikeFuel points information is subject to the NikeFuel points terms of service set forth at: https://developer.nike.com/healthkit/nikefuel-use-agreement.html. If You do not accept such NikeFuel terms of service, including, but not limited to all limitations and restrictions therein, You may not use such NikeFuel points information in Your Application, and You acknowledge and agree that such use will constitute Your acceptance of such terms of service.<br />
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HomeKit APIs:<br />
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3.3.41 Your Application must not access the HomeKit APIs unless it is primarily designed to provide home configuration or home automation services (e.g., turning on a light, lifting a garage door) for Licensed HomeKit Accessories and this usage is clearly evident in Your marketing text and user interface. You agree not to use the HomeKit APIs for any purpose other than interfacing, communicating, interoperating with or otherwise controlling a Licensed HomeKit Accessory or for using the HomeKit Database, and then only for home configuration or home automation purposes in connection with Your Application. In addition:<br />
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- Your Application may use information obtained from the HomeKit APIs and/or the HomeKit Database only on an iOS Product and may not export, remotely access or transfer such information off a device (e.g., a lock password cannot be sent off an end-user’s device to be stored in an external non-Apple database); and<br />
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- Notwithstanding anything to the contrary in Section 3.3.9, You and Your Application may not use the HomeKit APIs, or any information obtained through the HomeKit APIs or through the HomeKit Database, for any purpose other than providing or improving home configuration or home automation services in connection with Your Application (e.g., not for serving advertising).<br />
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Apple Pay APIs:<br />
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3.3.42 Your Application may use the Apple Pay APIs solely for the purpose of facilitating payment transactions that are made by or through Your Application, and only for the purchase of goods and services that are to be used outside of any iOS Product or Apple Watch, unless otherwise permitted by Apple in writing. For clarity, nothing in this Section 3.3.42 supplants any of the rules or requirements for the use of the In-App Purchase API, including but not limited to Section 3.3.3 and the guidelines. In addition:<br />
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- You acknowledge and agree that Apple is not a party to any payment transactions facilitated through the use of the Apple Pay APIs and is not responsible for any such transactions, including but not limited to the unavailability of any end-user payment cards or payment fraud. Such payment transactions are between You and Your bank, acquirer, card networks, or other parties You utilize for transaction processing, and You are responsible for complying with any agreements You have with such third parties. In some cases, such agreements may contain terms specifying specific rights, obligations or limitations that You accept and assume in connection with Your decision to utilize the functionality of the Apple Pay APIs;<br />
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- You agree to store any private keys provided to You as part of Your use of the Apple Pay APIs in a secure manner (e.g., encrypted on a server) and in accordance with the Documentation. You agree not to store any end-user payment information in an unencrypted manner on an iOS Product. For clarity, You may not decrypt any such end-user payment information on an iOS Product; and<br />
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- You agree not to call the Apple Pay APIs or otherwise attempt to gain information through the Apple Pay APIs for purposes unrelated to facilitating end-user payment transactions.<br />
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3.3.43 As part of facilitating an end-user payment transaction through the Apple Pay APIs, Apple may provide You (whether You are acting as the Merchant or as an Intermediary Party) with an Apple Pay Payload. If You receive an Apple Pay Payload, then You agree to the following: <br />
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- If You are acting as the Merchant, then You may use the Apple Pay Payload to process the end-user payment transaction and for other uses that You disclose to the end-user, and only in accordance with applicable law; and<br />
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- If You are acting as an Intermediary Party, then:<br />
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(a) You may use the Apple Pay Payload only for purposes of facilitating the payment transaction between the Merchant and the end-user and for Your own order management purposes (e.g., customer service) as part of such transaction; <br />
(b) You agree that You will not hold the Apple Pay Payload data for any longer than necessary to fulfill the payment transaction and order management purposes for which it was collected;<br />
(c) You agree not to combine data obtained through the Apple Pay APIs, including but not limited to, the Apple Pay Payload with any other data that You may have about such end-user (except to the limited extent necessary for order management purposes). For clarity, an Intermediary Party may not use data obtained through the Apple Pay APIs for advertising or marketing purposes, for developing or enhancing a user profile, or to otherwise target end-users;<br />
(d) You agree to disclose to end-users that You are an Intermediary Party to the transaction and to provide the identity of the Merchant for a particular transaction on the Apple Pay Payment Sheet (in addition to including Your name as an Intermediary Party); and<br />
(e) If You use a Merchant, then You will be responsible for ensuring that the Merchant You select uses the Apple Pay Payload provided by You only for purposes of processing the end-user payment transaction and for other uses they have disclosed to the end-user, and only in accordance with applicable law. You agree to have a binding written agreement with such Merchant with terms at least as restrictive and protective of Apple as those set forth herein. Any actions undertaken by any such Merchant in relation to such Apple Pay Payload or the payment transaction shall be deemed to have been taken by You, and You (in addition to such Merchant) shall be responsible to Apple for all such actions (or any inactions). In the event of any actions or inactions by such Merchant that would constitute a violation of this Agreement or otherwise cause any harm, Apple reserves the right to require You to cease using such Merchant.<br />
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4. Changes to Program Requirements or Terms<br />
Apple may change the Program Requirements or the terms of this Agreement at any time. New or modified Program Requirements will not retroactively apply to Applications already in distribution via the App Store or B2B Program; provided however that You agree that Apple reserves the right to remove Applications from the App Store or B2B Program that are not in compliance with the new or modified Program Requirements at any time. In order to continue using the Apple Software, Apple Certificates or any Services, You must accept and agree to the new Program Requirements and/or new terms of this Agreement. If You do not agree to new Program Requirements or new terms, Your use of the Apple Software, Apple Certificates and any Services will be suspended or terminated by Apple. You agree that Your acceptance of such new Agreement terms or Program Requirements may be signified electronically, including without limitation, by Your checking a box or clicking on an “agree” or similar button. Nothing in this Section shall affect Apple's rights under Section 5 (Apple Certificates; Revocation).<br />
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5. Apple Certificates; Revocation<br />
5.1 Certificate Requirements<br />
All Applications must be signed with an Apple Certificate in order to be installed on Authorized Test Units, Registered Devices or submitted to Apple for distribution via the App Store, B2B Program or TestFlight. Similarly, all Passes must be signed with an Apple Certificate to be recognized and accepted by Wallet. Safari Extensions must be signed with an Apple Certificate to run in Safari on OS X. You must use a Website ID to send Safari Push Notifications to the OS X desktop of users who have opted in to receive such Notifications for Your Site through Safari on OS X. You may also obtain other Apple Certificates and keys for other purposes as set forth herein and in the Documentation.<br />
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In relation to this, You represent and warrant to Apple that: (a) You will not take any action to interfere with the normal operation of any Apple Certificates, keys, or Provisioning Profiles; (b) You are solely responsible for preventing any unauthorized person from having access to Your digital certificates and corresponding private keys and You will use best efforts to safeguard Your digital certificates and corresponding private keys from compromise; (c) You agree to immediately notify Apple in writing if You have any reason to believe there has been a compromise of any of Your digital certificates or corresponding private keys; (d) You will not provide or transfer Apple Certificates or keys provided under this Program to any third party (except for a Service Provider who is using them on Your behalf in compliance with this Agreement), and You will not use Your Apple Certificates to sign any third party's application, pass, extension, notification, implementation, or site; (e) You will use any Apple Certificates or keys provided under this Agreement solely as permitted by Apple and in accordance with the Documentation; and (f) You will use Apple-issued certificates provided under this Program exclusively for the purpose of signing Your Passes, signing Your Safari Extensions, signing Your Site’s registration bundle, accessing the APN service, and/or signing Your Applications for testing, submission to Apple and/or for limited distribution for use on Registered Devices or Authorized Test Units as contemplated under this Program, or as otherwise permitted by Apple, and only in accordance with this Agreement. As a limited exception to the foregoing, You may provide versions of Your iOS Applications to Your Service Providers to sign with their Apple-issued iOS development certificates, but solely for purposes of having them perform testing on Your behalf of Your Applications on Apple-branded products running iOS and provided that all such testing is conducted internally by Your Service Providers (e.g., no outside distribution of Your Applications) and that Your Applications are deleted within a reasonable period of time after such testing is performed. Further, You agree that Your Service Provider may use the data obtained from performing such testing services only for purposes of providing You with information about the performance of Your Applications (e.g., Your Service Provider is prohibited from aggregating Your Applications’ test results with other developers’ test results).<br />
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You further represent and warrant to Apple that the licensing terms governing Your Application, Your Safari Extension, Your Site’s registration bundle, and/or Your Pass, or governing any third party code or FOSS included in Your Covered Products, will be consistent with and not conflict with the digital signing or content protection aspects of the Program or any of the terms, conditions or requirements of the Program or this Agreement. In particular, such licensing terms will not purport to require Apple (or its agents) to disclose or make available any of the keys, authorization codes, methods, procedures, data or other information related to the Security Solution, digital signing or digital rights management mechanisms or security utilized as part of any Apple software, including the App Store. If You discover any such inconsistency or conflict, You agree to immediately notify Apple of it and will cooperate with Apple to resolve such matter. You acknowledge and agree that Apple may immediately cease distribution of any affected Licensed Applications or Passes, and may refuse to accept any subsequent Application or Pass submissions from You until such matter is resolved to Apple’s reasonable satisfaction.<br />
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5.2 Relying Party Certificates<br />
The Apple Software and Services may also contain functionality that permits digital certificates, either Apple Certificates or other third-party certificates, to be accepted by the Apple Software or Services (e.g., Apple Pay) and/or to be used to provide information to You (e.g., transaction receipts). It is Your responsibility to verify the validity of any certifications or transaction receipts You may receive from Apple prior to relying on them (e.g., You should verify that the receipt came from Apple prior to any delivery of content to an end-user through the use of the In-App Purchase API). You are solely responsible for Your decision to rely on any such certificates and receipts, and Apple will not be liable for Your failure to verify that any such certificates or transaction receipts came from Apple (or third parties) or for Your reliance on Apple Certificates or other digital certificates.<br />
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5.3 Certificate Revocation<br />
Except as otherwise set forth herein, You may revoke Apple Certificates issued to You at any time. If You want to revoke the Apple Certificates used to sign Your Passes and/or Your OS X Applications distributed outside of the App Store with a developer identity certificate, You may request that Apple revoke these Apple Certificates at any time by emailing: product-security@apple.com. Apple also reserves the right to revoke any Apple Certificates at any time, in its sole discretion. By way of example only, Apple may choose to do this if: (a) any of Your Apple Certificates or corresponding private keys have been compromised or Apple has reason to believe that either have been compromised; (b) Apple has reason to believe or has reasonable suspicions that Your Covered Products contain malware or malicious, suspicious or harmful code or components (e.g., a software virus); (c) Apple has reason to believe that Your Covered Products adversely affect the security of Apple-branded products, or any other software, firmware, hardware, data, systems, or networks accessed or used by such products; (d) Apple’s certificate issuance process is compromised or Apple has reason to believe that such process has been compromised; (e) You breach any term or condition of this Agreement; (f) Apple ceases to issue the Apple Certificates for the Covered Product under the Program; (g) Your Covered Product misuses or overburdens any Services provided hereunder; or (h) Apple has reason to believe that such action is prudent or necessary.<br />
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Further, You understand and agree that Apple may notify end-users of Covered Products that are signed with Apple Certificates when Apple believes such action is necessary to protect the privacy, safety or security of end-users, or is otherwise prudent or necessary as determined in Apple’s reasonable judgment. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority.<br />
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6. Application Submission and Selection<br />
6.1 Submission to Apple for App Store or B2B Program<br />
You may submit Your Application for consideration by Apple for distribution via the App Store or B2B Program once You decide that Your Application has been adequately tested and is complete. By submitting Your Application, You represent and warrant that Your Application complies with the Documentation and Program Requirements then in effect as well as with any additional guidelines that Apple may post on the Program web portal or in iTunes Connect. You further agree that You will not attempt to hide, misrepresent or obscure any features, content, services or functionality in Your submitted Applications from Apple's review or otherwise hinder Apple from being able to fully review such Applications. In addition, You agree to inform Apple in writing through iTunes Connect if Your Application connects to a physical device, including but not limited to an MFi Accessory, and, if so, to disclose the means of such connection (whether iAP, Bluetooth Low Energy (BLE), the headphone jack, or any other communication protocol or standard) and identify at least one physical device with which Your Application is designed to communicate. If requested by Apple, You agree to provide access to or samples of any such devices at Your expense (samples will not be returned). You agree to cooperate with Apple in this submission process and to answer questions and provide information and materials reasonably requested by Apple regarding Your submitted Application, including insurance information You may have relating to Your Application, the operation of Your business, or Your obligations under this Agreement. Apple may require You to carry certain levels of insurance for certain types of Applications and name Apple as an additional insured. If You make any changes to an Application (including to any functionality made available through use of the In-App Purchase API) after submission to Apple, You must resubmit the Application to Apple. Similarly all bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of Your Application must be submitted to Apple for review in order for them to be considered for distribution via the App Store or B2B Program, except as otherwise permitted by Apple.<br />
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6.2 App Thinning and Bundled Resources<br />
As part of Your Application submission to the App Store or B2B Program, Apple may optimize Your Application to target specific devices by repackaging certain functionality and delivered resources (as described in the Documentation) in Your Application so that it will run more efficiently and use less space on target devices (“App Thinning”). For example, Apple may deliver only the 32-bit or 64-bit version of Your Application to a target device, and Apple may not deliver icons or launch screens that would not render on the display of a target device. You agree that Apple may use App Thinning to repackage Your Application in order to deliver a more optimized version of Your Application to target devices.<br />
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As part of App Thinning, You can also request that Apple deliver specific resources for Your Application (e.g., GPU resources) to target devices by identifying such bundled resources as part of Your code submission (“Bundled Resources”). You can define such Bundled Resources to vary the timing or delivery of assets to a target device (e.g., when a user reaches a certain level of a game, then the content is delivered on-demand to the target device). App Thinning and Bundled Resources are not available for all Apple operating systems, and Apple may continue to deliver full Application binaries to some target devices. <br />
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6.3 Bitcode Submissions<br />
For Application submissions to the App Store or B2B Program for some Apple operating systems (e.g., for watchOS), Apple may require You to submit an intermediate representation of Your Application in binary file format for the LLVM compiler (“Bitcode”). You may also submit Bitcode for other supported Apple operating systems. Such Bitcode submission will allow Apple to compile Your Bitcode to target specific Apple-branded devices and to recompile Your Bitcode for subsequent releases of Your Application for new Apple hardware, software, and/or compiler changes. When submitting Bitcode, You may choose whether or not to include symbols for Your Application in the Bitcode; however, if You do not include symbols, then Apple will not be able to provide You with symbolicated crash logs as set forth in Section 6.5 (Improving Your Application) below. Further, You may be required to submit a compiled binary of Your Application with Your Bitcode.<br />
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By submitting Bitcode to Apple, You authorize Apple to compile Your Bitcode into a resulting binary that will be targeted for specific Apple-branded devices. You agree that Apple may compile such Bitcode for its own internal use in testing and improving Apple’s developer tools, and for purposes of analyzing and improving how applications can be optimized to run on Apple’s operating systems (e.g., which frameworks are used most frequently, how a certain framework consumes memory, etc.).<br />
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Apple will post the compiled version of Your Application (derived from Your Bitcode) for Your review prior to uploading it for distribution to end-users, unless You authorize Apple to automatically upload versions of Your Applications derived from Bitcode for distribution. You may also use Apple’s developer tools to view and test how Apple may process Your Bitcode into machine code binary form.<br />
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Further, upon notice to You, You agree that Apple may recompile Your Bitcode for subsequent rebuilding and recompiling of Your Application for updated hardware, software, and/or compiler changes (e.g., if Apple releases a new device, then Apple may use Your Bitcode to update Your Application without requiring resubmission). Apple will post the recompiled version of Your Application for Your review prior to uploading it for distribution to end-users, unless You authorize Apple to automatically upload such versions of Your Applications. Bitcode is not available for all Apple operating systems.<br />
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6.4 TestFlight Submission<br />
If You would like to distribute Your Application to Beta Testers outside of Your company or organization through TestFlight, You must first submit Your Application to Apple for review. By submitting such Application, You represent and warrant that Your Application complies with the Documentation and Program Requirements then in effect as well as with any additional guidelines that Apple may post on the Program web portal or in iTunes Connect. Thereafter, Apple may permit You to distribute updates to such Application directly to Your Beta Testers without Apple’s review, unless such an update includes significant changes, in which case You agree to inform Apple in iTunes Connect and have such Application re-reviewed. Apple reserves the right to require You to cease distribution of Your Application through TestFlight, and/or to any particular Beta Tester, at any time in its sole discretion.<br />
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6.5 Improving Your Application<br />
Further, if Your Application is accepted for distribution via the App Store, B2B Program or TestFlight, You agree that Apple may use Your Application for the limited purpose of compatibility testing of Your Application with Apple products and services, for finding and fixing bugs in Apple products and services, for internal use in evaluating iOS, watchOS, tvOS, and/or OS X performance issues in or with Your Application, and for purposes of providing other information to You (e.g., crash logs). Except as otherwise set forth herein, You may opt in to send app symbol information for Your Application to Apple, and if You do so, then You agree that Apple may use such symbols to symbolicate Your Application for purposes of providing You with symbolicated crash logs. In the event that Apple provides You with crash logs or other diagnostic information for Your Application, You agree to use such crash logs and information only for purposes of fixing bugs and improving the performance of Your Application and related products. You may also collect numeric strings and variables from Your Application when it crashes, so long as You collect such information only in an anonymous, non-personal manner and do not recombine, correlate, or use such information to attempt to identify or derive information about any particular end-user or device.<br />
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6.6 App Analytics<br />
To the extent that Apple provides an Analytics service through iTunes Connect for Applications distributed through the App Store, You agree to use any data provided through such App Analytics service solely for purposes of improving Your Applications and related products. Further, You agree not to provide such information to any third parties, except for a third-party service provider who is assisting You in processing and analyzing such data on Your behalf and who is not permitted to use it for any other purpose or disclose it to any other party. For clarity, You must not aggregate (or permit any third-party to aggregate) analytics information provided to You by Apple for Your Applications as part of this App Analytics service with other developers’ analytics information, or contribute such information to a repository for cross-developer analytics. You must not use the App Analytics service or any analytics data to attempt to identify or derive information about any particular end-user or device.<br />
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6.7 Compatibility Requirement with Current Shipping OS Version<br />
Applications that are selected for distribution via the App Store must be compatible with the currently shipping version of Apple’s applicable operating system (OS) software at the time of submission to Apple, and such Applications must stay current and maintain compatibility with each new release of the applicable OS version so long as such Applications are distributed through the App Store. You understand and agree that Apple may remove Applications from the App Store when they are not compatible with the then-current shipping release of the OS at any time in its sole discretion.<br />
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6.8 Selection by Apple for Distribution<br />
You understand and agree that if You submit Your Application to Apple for distribution via the App Store, B2B Program, or TestFlight, Apple may, in its sole discretion:<br />
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(a) determine that Your Application does not meet all or any part of the Documentation or Program Requirements then in effect;<br />
(b) reject Your Application for distribution for any reason, even if Your Application meets the Documentation and Program Requirements; or<br />
(c) select and digitally sign Your Application for distribution via the App Store, B2B Program, or TestFlight. <br />
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Apple shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of Your Application development, use of the Apple Software, Apple Services, or Apple Certificates or participation in the Program, including without limitation the fact that Your Application may not be selected for distribution via the App Store or B2B Program. You will be solely responsible for developing Applications that are safe, free of defects in design and operation, and comply with applicable laws and regulations. You will also be solely responsible for any documentation and end-user customer support and warranty for such Applications. The fact that Apple may have reviewed, tested, approved or selected an Application will not relieve You of any of these responsibilities.<br />
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7. Distribution of Applications and Libraries<br />
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Applications: <br />
Applications developed under this Agreement for iOS, watchOS, or tvOS may be distributed in four ways: (1) through the App Store, if selected by Apple, (2) through the B2B Program, if selected by Apple, (3) through Ad Hoc distribution in accordance with Section 7.3, and (4) for beta testing through TestFlight in accordance with Section 7.4. Applications for OS X may be submitted to Apple for selection and distribution on the App Store, or may be separately distributed.<br />
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7.1 Delivery of Free Licensed Applications via the App Store<br />
If Your Application qualifies as a Licensed Application, it is eligible for delivery to end-users via the App Store by Apple and/or an Apple Subsidiary. If You would like Apple and/or an Apple Subsidiary to deliver Your Licensed Application or authorize additional content, functionality or services You make available in Your Licensed Application through the use of the In-App Purchase API to end-users for free (no charge) via the App Store, then You appoint Apple and Apple Subsidiaries as Your legal agent and/or commissionaire pursuant to the terms of Schedule 1 for Licensed Applications designated by You as free-of-charge applications.<br />
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7.2 Schedule 2 and Schedule 3 for Fee-Based Licensed Applications; Receipts<br />
If Your Application qualifies as a Licensed Application and You intend to charge end-users a fee of any kind for Your Licensed Application or within Your Licensed Application through the use of the In-App Purchase API, You must enter into a separate agreement (Schedule 2) with Apple and/or an Apple Subsidiary before any such commercial distribution of Your Licensed Application may take place via the App Store or before any such commercial delivery of additional content, functionality or services for which You charge end-users a fee may be authorized through the use of the In-App Purchase API in Your Licensed Application. If Your Application has been customized for use by specific third-party business customers, and You would like Apple to sign and distribute it through Apple’s applicable B2B Program, then You must enter into a separate agreement (Schedule 3) with Apple and/or an Apple Subsidiary before any such distribution may take place. To the extent that You enter (or have previously entered) into Schedule 2 or Schedule 3 with Apple and/or an Apple Subsidiary, the terms of Schedule 2 or 3 will be deemed incorporated into this Agreement by this reference.<br />
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When an end-user installs Your Licensed Application, Apple will provide You with a transaction receipt signed with an Apple Certificate. It is Your responsibility to verify that such certificate and receipt were issued by Apple, as set forth in the Documentation. You are solely responsible for Your decision to rely on any such certificates and receipts. YOUR USE OF OR RELIANCE ON SUCH CERTIFICATES AND RECEIPTS IN CONNECTION WITH A PURCHASE OF A LICENSED APPLICATION IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, RELIABILITY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO SUCH APPLE CERTIFICATES AND RECEIPTS. You agree that You will only use such receipts and certificates in accordance with the Documentation, and that You will not interfere or tamper with the normal operation of such digital certificates or receipts, including but not limited to any falsification or other misuse.<br />
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7.3 Distribution on Registered Devices (Ad Hoc Distribution)<br />
Subject to the terms and conditions of this Agreement, You may also distribute Your Applications for iOS, watchOS and tvOS to individuals within Your company, organization, educational institution, group, or who are otherwise affiliated with You for use on a limited number of Registered Devices (as specified on the Program web portal), if Your Application has been digitally signed using Your Apple Certificate as described in this Agreement. By distributing Your Application in this manner on Registered Devices, You represent and warrant to Apple that Your Application complies with the Documentation and Program Requirements then in effect and You agree to cooperate with Apple and to answer questions and provide information about Your Application, as reasonably requested by Apple. You also agree to be solely responsible for determining which individuals within Your company, organization, educational institution or affiliated group should have access to and use of Your Applications and Registered Devices, and for managing such Registered Devices. Apple shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of distributing Your Applications in this manner, or for Your failure to adequately manage, limit or otherwise control the access to and use of Your Applications and Registered Devices. You will be responsible for attaching or otherwise including, at Your discretion, any relevant usage terms with Your Applications. Apple will not be responsible for any violations of Your usage terms. You will be solely responsible for all user assistance, warranty and support of Your Applications.<br />
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7.4 TestFlight Distribution<br />
A. Internal Distribution to Authorized Developers and iTC users<br />
You may use TestFlight for internal distribution of pre-release versions of Your Applications to a limited number of Your Authorized Developers or Your iTunes Connect (ITC) users who are members of Your company or organization, but solely for their internal use in testing, evaluating and/or developing Your Applications. Apple reserves the right to require You to cease distribution of such Applications to Your Authorized Developers or Your iTunes Connect users through TestFlight, or to any particular Authorized Developer or iTunes Connect user, at any time in its sole discretion.<br />
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B. External Distribution to Beta Testers<br />
You may also use TestFlight for external distribution of pre-release versions of Your Applications to a limited number of Beta Testers (as specified in iTunes Connect), but solely for their testing and evaluation of such pre-release versions of Your Applications and only if Your Application has been approved for such distribution by Apple as set forth in Section 6.4 (TestFlight Submission). You may not charge Your Beta Testers fees of any kind to participate in Apple’s TestFlight or for the use of any such pre-release versions. You may not use TestFlight for purposes that are not related to improving the quality, performance, or usability of pre-release versions of Your Application (e.g., continuous distribution of demo versions of Your Application in an attempt to circumvent the App Store or providing trial versions of Your Applications for purposes of soliciting favorable App Store ratings are prohibited uses). Further, if Your Application is primarily intended for children, You must verify that Your Beta Testers are of the age of majority in their jurisdiction. If You choose to add Beta Testers to TestFlight, then You are assuming responsibility for any invitations sent to such end-users and for obtaining their consent to contact them. If a Beta Tester requests that You stop contacting them (either through TestFlight or otherwise), then You agree to promptly do so.<br />
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C. Use of TestFlight Information<br />
To the extent that TestFlight provides You with beta analytics information about Your end-user’s use of pre-release versions of Your Application (e.g., installation time, frequency of an individual’s use of an App, etc.) and/or other related information, You agree to use such data solely for purposes of improving Your Applications and related products. You agree not to provide such information to any third parties, except for a third-party service provider who is assisting You in processing and analyzing such data on Your behalf and who is not permitted to use it for any other purpose or disclose it to any other party. For clarity, You must not aggregate (or permit any third-party to aggregate) beta analytics information provided to You by Apple for Your Applications as part of TestFlight with other developers’ beta analytics information, or contribute such information to a repository for cross-developer beta analytics information. Further, You must not use any beta analytics information provided through TestFlight for purposes of de-anonymizing information obtained from or regarding a particular device or end-user outside of TestFlight (e.g., You may not attempt to connect data gathered through TestFlight for a particular end-user with information that is provided in an anonymized form through Apple’s analytics service). <br />
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Libraries:<br />
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7.5 Distribution of Libraries<br />
You can develop Libraries using the Apple Software. Notwithstanding anything to the contrary in the Xcode and Apple SDKs Agreement, under this Agreement You may develop Libraries for iOS, watchOS, and tvOS using the applicable Apple SDKs that are provided as part of the Xcode and Apple SDKs license, provided that any such Libraries are developed and distributed solely for use with an iOS Product, Apple Watch, or Apple TV and that You limit use of such Libraries only to use with such products. If Apple determines that Your Library is not designed for use with an iOS Product, Apple Watch, or Apple TV, then Apple may require You to cease distribution of Your Library at any time, and You agree to promptly cease all distribution of such Library upon notice from Apple and cooperate with Apple to remove any remaining copies of such Library. For clarity, the foregoing limitation is not intended to prohibit the development of libraries for OS X.<br />
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7.6 No Other Distribution Authorized Under this Agreement <br />
Except for the distribution of freely available Licensed Applications through the App Store or B2B Program in accordance with Sections 7.1 and 7.2, the distribution of Applications for use on Registered Devices as set forth in Section 7.2 (Ad Hoc Distribution), the distribution of Applications for beta testing through TestFlight as set forth in Section 7.4, the distribution of Libraries in accordance with Section 7.5, the distribution of Passes in accordance with Attachment 5, the delivery of Safari Push Notifications on OS X, the distribution of Safari Extensions on OS X, the distribution of Applications and libraries for OS X, and/or as otherwise permitted herein, no other distribution of programs or applications developed using the Apple Software is authorized or permitted hereunder. In the absence of a separate agreement with Apple, You agree not to distribute Your Application for iOS Products, Apple Watch, or Apple TV to third parties via other distribution methods or to enable or permit others to do so. You agree to distribute Your Covered Products only in accordance with the terms of this Agreement. <br />
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8. Program Fees<br />
As consideration for the rights and licenses granted to You under this Agreement and Your participation in the Program, You agree to pay Apple the annual Program fee set forth on the Program website. Such fee is non-refundable, and any taxes that may be levied on the Apple Software, Apple Services or Your use of the Program shall be Your responsibility. Your Program fees must be paid up and not in arrears at the time You submit (or resubmit) Applications to Apple under this Agreement, and Your continued use of the Program web portal and Services is subject to Your payment of such fees. If You opt-in to have Your annual Program fees paid on an auto-renewing basis, then You agree that Apple may charge the credit card that You have on file with Apple for such fees, subject to the terms You agree to on the Program web portal when You choose to enroll in an auto-renewing membership.<br />
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9. Confidentiality<br />
9.1 Information Deemed Apple Confidential<br />
You agree that all pre-release versions of the Apple Software and Apple Services (including pre-release Documentation), pre-release versions of Apple hardware, the FPS Deployment Package, any terms and conditions contained herein that disclose pre-release features, and the terms and conditions of Schedule 2 and Schedule 3 will be deemed “Apple Confidential Information”; provided however that upon the commercial release of the Apple Software the terms and conditions that disclose pre-release features of the Apple Software or services will no longer be confidential. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation, or (v) any FOSS included in the Apple Software and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such FOSS. Further, Apple agrees that You will not be bound by the foregoing confidentiality terms with regard to technical information about pre-release Apple Software and services disclosed by Apple at WWDC (Apple’s Worldwide Developers Conference), except that You may not post screen shots of, write public reviews of, or redistribute any pre-release Apple Software, Apple Services or hardware.<br />
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9.2 Obligations Regarding Apple Confidential Information<br />
You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use Apple Confidential Information for any other purpose, for Your own or any third party’s benefit, without Apple's prior written consent. You further agree not to disclose or disseminate Apple Confidential Information to anyone other than: (i) those of Your employees and contractors, or those of Your faculty and staff if You are an educational institution, who have a need to know and who are bound by a written agreement that prohibits unauthorized use or disclosure of the Apple Confidential Information; or (ii) except as otherwise agreed or permitted in writing by Apple. You may disclose Apple Confidential Information to the extent required by law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.<br />
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9.3 Information Submitted to Apple Not Deemed Confidential<br />
Apple works with many application and software developers and some of their products may be similar to or compete with Your Applications. Apple may also be developing its own similar or competing applications and products or may decide to do so in the future. To avoid potential misunderstandings and except as otherwise expressly set forth herein, Apple cannot agree, and expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with respect to any information that You may provide in connection with this Agreement or the Program, including but not limited to information about Your Application, Licensed Application Information and metadata (such disclosures will be referred to as “Licensee Disclosures”). You agree that any such Licensee Disclosures will be non-confidential. Except as otherwise expressly set forth herein, Apple will be free to use and disclose any Licensee Disclosures on an unrestricted basis without notifying or compensating You. You release Apple from all liability and obligations that may arise from the receipt, review, use, or disclosure of any portion of any Licensee Disclosures. Any physical materials You submit to Apple will become Apple property and Apple will have no obligation to return those materials to You or to certify their destruction.<br />
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9.4 Press Releases and Other Publicity<br />
You may not issue any press releases or make any other public statements regarding this Agreement, its terms and conditions, or the relationship of the parties without Apple’s express prior written approval, which may be withheld at Apple’s discretion.<br />
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10. Indemnification<br />
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Apple’s request, defend, Apple, its directors, officers, employees, independent contractors and agents (each an “Apple Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, “Losses”), incurred by an Apple Indemnified Party and arising from or related to any of the following (but excluding for purposes of this Section, any Application for OS X that is distributed outside of the App Store and does not use any Apple Services or Certificates): (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement, including Schedule 2 and Schedule 3 (if applicable); (ii) any claims that Your Covered Product or the distribution, sale, offer for sale, use or importation of Your Covered Product (whether alone or as an essential part of a combination), Licensed Application Information, metadata, or Pass Information violate or infringe any third party intellectual property or proprietary rights; (iii) Your breach of any of Your obligations under the EULA (as defined in Schedule 1 or Schedule 2 or Schedule 3 (if applicable)) for Your Licensed Application; (iv) Apple’s permitted use, promotion or delivery of Your Licensed Application, Licensed Application Information, Safari Push Notification, Safari Extension (if applicable), Pass, Pass Information, metadata, related trademarks and logos, or images and other materials that You provide to Apple under this Agreement, including Schedule 2 or Schedule 3 (if applicable); (v) any claims, including but not limited to any end-user claims, regarding Your Covered Products, Licensed Application Information, Pass Information, or related logos, trademarks, content or images; or (vi) Your use (including Your Authorized Developers’ use) of the Apple Software or services, Your Licensed Application Information, Pass Information, metadata, Your Authorized Test Units, Your Registered Devices, Your Covered Products, or Your development and distribution of any of the foregoing.<br />
You acknowledge that neither the Apple Software nor any Services are intended for use in the development of Covered Products in which errors or inaccuracies in the content, functionality, services, data or information provided by any of the foregoing or the failure of any of the foregoing, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each Apple Indemnified Party from any Losses incurred by such Apple Indemnified Party by reason of any such use.<br />
In no event may You enter into any settlement or like agreement with a third party that affects Apple's rights or binds Apple in any way, without the prior written consent of Apple. <br />
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11. Term and Termination<br />
11.1 Term<br />
The Term of this Agreement shall extend until the one (1) year anniversary of the original activation date of Your Program account. Thereafter, subject to Your payment of annual renewal fees and compliance with the terms of this Agreement, the Term will automatically renew for successive one (1) year terms, unless sooner terminated in accordance with this Agreement.<br />
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11.2 Termination<br />
This Agreement and all rights and licenses granted by Apple hereunder and any services provided hereunder will terminate, effective immediately upon notice from Apple:<br />
(a) if You or any of Your Authorized Developers fail to comply with any term of this Agreement other than those set forth below in this Section 11.2 and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach;<br />
(b) if You or any of Your Authorized Developers fail to comply with the terms of Section 9 (Confidentiality);<br />
(c) in the event of the circumstances described in the subsection entitled “Severability” below;<br />
(d) if You, at any time during the Term, commence an action for patent infringement against Apple;<br />
(e) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against You a petition in bankruptcy; or<br />
(f) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, including, but not limited to, misrepresenting the nature of Your submitted Application (e.g., hiding or trying to hide functionality from Apple’s review, falsifying consumer reviews for Your Application, engaging in payment fraud, etc.).<br />
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Apple may also terminate this Agreement, or suspend Your rights to use the Apple Software or services, if You fail to accept any new Program Requirements or Agreement terms as described in Section 4.<br />
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Either party may terminate this Agreement for its convenience, for any reason or no reason, effective 30 days after providing the other party with written notice of its intent to terminate.<br />
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11.3 Effect of Termination<br />
Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the Apple Software and services and erase and destroy all copies, full or partial, of the Apple Software and any information pertaining to the services (including Your Push Application ID) and all copies of Apple Confidential Information in Your and Your Authorized Developers' possession or control. At Apple’s request, You agree to provide written certification of such destruction to Apple. Upon the expiration of the Delivery Period defined and set forth in Schedule 1, all Licensed Applications and Licensed Application Information in Apple’s possession or control shall be deleted or destroyed within a reasonable time thereafter, excluding any archival copies maintained in accordance with Apple’s standard business practices or required to be maintained by applicable law, rule or regulation. The following provisions shall survive any termination of this Agreement: Sections 1, 2.3, 2.5, 2.6, 3.1(d), 3.1(e), 3.1(f), 3.2(d), 3.2(e), 3.2(f), 3.2(g), and 3.3, the second paragraph of Section 5.1 (excluding the last two sentences other than the restrictions, which shall survive), the third paragraph of Section 5.1, Section 5.3, the first sentence of and the restrictions of Section 6.5, the restrictions of Section 6.6, the second paragraph of Section 6.8, Section 7.1 (Schedule 1 for the Delivery Period), the restrictions of Section 7.3, 7.4, and 7.5, Section 7.6, Section 9 through14 inclusive; within Attachment 1, the last sentence of Section 1.1, Section 2, Section 3.2 (but only for existing promotions), the second and third sentences of Section 4, Section 5, and Section 6; within Attachment 2, Sections 1.3, 2, 3, 4, 5, 6, and 7; within Attachment 3, Sections 1, 2 (except the second sentence of Section 2.1), 3 and 4; within Attachment 4, Sections 1.2, 1.5, 1.6, 2, 3, and 4; within Attachment 5, Sections 2.2, 2.3, 2.4 (but only for existing promotions), 3.3, and 5; within Attachment 6, Sections 1.2, 1.3, 2, 3, and 4; and within Attachment 7, Section 1.1, and the last paragraph of Section 1.2 (but only for existing promotions). Apple will not be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Apple may have, now or in the future.<br />
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12. NO WARRANTY<br />
The Apple Software or Services may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services (or any part thereof) at any time without notice. In no event will Apple or its licensors be liable for the removal of or disabling of access to any such Services. Apple or its licensors may also impose limits on the use of or access to certain Services, or may remove the Services for indefinite time periods or cancel the Services at any time and in any case and without notice or liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE, SECURITY SOLUTION, AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APPLE SOFTWARE, SECURITY SOLUTION, AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE, APPLE’S AGENTS AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 12 AND 13) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, SECURITY SOLUTION, AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, SECURITY SOLUTION, OR SERVICES, THAT THE APPLE SOFTWARE, SECURITY SOLUTION, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE, SECURITY SOLUTION, OR THE PROVISION OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE APPLE SOFTWARE, SECURITY SOLUTION, OR SERVICES WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE, SECURITY SOLUTION, OR SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY APPLE SOFTWARE OR SERVICES WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE APPLE SOFTWARE, SECURITY SOLUTION, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Location data as well as any maps data provided by any Services or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Apple nor any of its licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any Services or software.<br />
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13. LIMITATION OF LIABILITY<br />
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, SECURITY SOLUTION, SERVICES, APPLE CERTIFICATES, OR YOUR DEVELOPMENT EFFORTS OR PARTICIPATION IN THE PROGRAM, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple’s total liability to You under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).<br />
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14. General Legal Terms<br />
14.1 Third Party Notices<br />
Portions of the Apple Software or Services may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software and Services, and Your use of such material is governed by their respective terms.<br />
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14.2 Consent to Collection and Use of Data<br />
A. Pre-Release Versions of iOS, watchOS, tvOS, and OS X <br />
In order to provide, test and help Apple, its partners, and third party developers improve their products and services, and unless You or Your Authorized Developers opt out in the pre-release versions of iOS, watchOS, tvOS, or OS X, as applicable, You acknowledge that Apple and its subsidiaries and agents will be collecting, using, storing, transmitting, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from Your Authorized Test Units (that are running pre-release versions of the Apple Software and services) as part of the developer seeding process. This information will be Collected in a form that does not personally identify You or Your Authorized Developers and may be Collected from Your Authorized Test Units at any time, including when You or Your Authorized Developers sync to iTunes or automatically over a secure over-the-air connection. The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique device identifiers, various unique system or hardware identifiers, details about hardware and operating system specifications, performance statistics, and data about how You use Your Authorized Test Unit, system and application software, and peripherals, and, if Location Services is enabled, certain location information. You agree that Apple may share such diagnostic, technical, and usage logs and information with partners and third-party developers for purposes of allowing them to improve their products and services that operate on or in connection with Apple-branded products. By installing or using pre-release versions of iOS, watchOS, tvOS, or OS X on Your Authorized Test Units, You acknowledge and agree that Apple and its subsidiaries and agents have Your permission to Collect all such information and use it as set forth above in this Section.<br />
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B. Other Pre-Release Apple Software and Services<br />
In order to test, provide and improve Apple’s products and services, and only if You choose to install or use other pre-release Apple Software or Services provided as part of the developer seeding process or Program, You acknowledge that Apple and its subsidiaries and agents may be Collecting diagnostic, technical, usage and related information from other pre-release Apple Software and Services. Apple will notify You about the Collection of such information on the Program web portal, and You should carefully review the Release Notes and other information disclosed by Apple in such location prior to choosing whether or not to install or use any such pre-release Apple Software or Services. By installing or using such pre-release Apple Software and Services, You acknowledge and agree that Apple and its subsidiaries and agents have Your permission to Collect any and all such information and use it as set forth above.<br />
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C. Device Deployment Services<br />
In order to set up and use the device provisioning, account authentication, and deployment features of the Apple Software and Services, certain unique identifiers for Your computer, iOS devices, watchOS devices, tvOS devices, and account information may be needed. These unique identifiers may include Your email address, Your Apple ID, a hardware identifier for Your computer, and device identifiers entered by You into the Apple Software or Services for Apple-branded products running iOS, watchOS, or tvOS. Such identifiers may be logged in association with Your interaction with the Service and Your use of these features and the Apple Software and Services. By using these features, You agree that Apple and its subsidiaries and agents may Collect this information for the purpose of providing the Apple Software and Services, including using such identifiers for account verification and anti-fraud measures. If You do not want to provide this information, do not use the provisioning, deployment or authentication features of the Apple Software or Services.<br />
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D. Apple Services<br />
In order to test, provide and improve Apple’s products and services, and only if You choose to use the Services provided hereunder (and except as otherwise provided herein), You acknowledge that Apple and its subsidiaries and agents may be Collecting diagnostic, technical, usage and related information from the Apple Services. Some of this information will be Collected in a form that does not personally identify You. However, in some cases, Apple may need to Collect information that would personally identify You, but only if Apple has a good faith belief that such Collection is reasonably necessary to: (a) provide the Apple Services; (b) comply with legal process or request; (c) verify compliance with the terms of this Agreement; (d) prevent fraud, including investigating any potential technical issues or violations; or (e) protect the rights, property, security or safety of Apple, its developers, customers or the public as required or permitted by law. By installing or using such Apple Services, You acknowledge and agree that Apple and its subsidiaries and agents have Your permission to Collect any and all such information and use it as set forth in this Section. Further, You agree that Apple may share the diagnostic, technical, and usage logs and information (excluding personally identifiable information) with partners and third-party developers for purposes of allowing them to improve their products and services that operate on or in connection with Apple-branded products.<br />
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E. Privacy Policy <br />
Data collected pursuant to this Section 14.2 will be treated in accordance with Apple’s Privacy Policy which can be viewed at http://www.apple.com/legal/privacy, and which is incorporated by reference into this Agreement.<br />
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14.3 Assignment; Relationship of the Parties<br />
This Agreement may not be assigned, nor may any of Your obligations under this Agreement be delegated, in whole or in part, by You by operation of law, merger, or any other means without Apple’s express prior written consent and any attempted assignment without such consent will be null and void. To submit a request for Apple’s consent to assignment, please email: devprograms@apple.com. Except for the agency appointment as specifically set forth in Schedule 1 (if applicable), this Agreement will not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for the benefit of any third parties.<br />
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14.4 Independent Development<br />
Nothing in this Agreement will impair Apple's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Licensed Applications, Covered Products, or any other products or technologies that You may develop, produce, market, or distribute.<br />
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14.5 Notices<br />
Any notices relating to this Agreement shall be in writing. Notices will be deemed given by Apple when sent to You at the email address or mailing address You provided during the sign-up process. All notices to Apple relating to this Agreement will be deemed given (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, and (c) five business days after having been sent by first class or certified mail, postage prepaid, to this Apple address: Apple Developer Program Licensing, Apple Inc., Software Products Legal, 1 Infinite Loop, MS 169-4I, Cupertino, California, 95014 U.S.A. You consent to receive notices by email and agree that any such notices that Apple sends You electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.<br />
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14.6 Severability<br />
If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable law prohibits or restricts You from fully and specifically complying with, or appointing Apple and Apple Subsidiaries as Your agent under Schedule 1 or the Sections of this Agreement entitled “Internal Use License and Restrictions”, “Your Obligations” or “Apple Certificates; Revocation”, or prevents the enforceability of any of those Sections or Schedule 1, this Agreement will immediately terminate and You must immediately discontinue any use of the Apple Software as described in the Section entitled “Term and Termination.”<br />
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14.7 Waiver and Construction<br />
Failure by Apple to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Agreement.<br />
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14.8 Export Control<br />
You may not use, export, re-export, import, sell or transfer the Apple Software except as authorized by United States law, the laws of the jurisdiction in which You obtained the Apple Software, and any other applicable laws and regulations. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List or any other restricted party lists. By using the Apple Software, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missile, chemical or biological weapons. You certify that pre-release versions of the Apple Software will only be used for development and testing purposes, and will not be rented, sold, leased, sublicensed, assigned, or otherwise transferred. Further, You certify that You will not transfer or export any product, process or service that is a direct product of such pre-release Apple Software.<br />
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14.9 Government End-users<br />
The Apple Software and Documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users (a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.<br />
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14.10 Dispute Resolution; Governing Law<br />
Any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software, or Your relationship with Apple will take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Notwithstanding the foregoing:<br />
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(a) If You are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 10 (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority. For the avoidance of doubt, if You are an agency, instrumentality, or department of the federal, state or local government of the U.S. or a U.S. public and accredited educational institution, then Your indemnification obligations are only applicable to the extent they would not cause You to violate any applicable law (e.g., the Anti-Deficiency Act), and You have any legally required authorization or authorizing statute;<br />
(b) If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution or an agency, instrumentality, or department of a state or local government within the United States, then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) in which Your entity is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software, or Your relationship with Apple will take place in federal court within the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue of such District unless such consent is expressly prohibited by the laws of the state in which Your entity is domiciled; and<br />
(c) If You are an international, intergovernmental organization that has been conferred immunity from the jurisdiction of national courts through Your intergovernmental charter or agreement, then any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be London, England; the language shall be English; and the number of arbitrators shall be three. Upon Apple’s request, You agree to provide evidence of Your status as an intergovernmental organization with such privileges and immunities.<br />
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This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.<br />
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14.11 Entire Agreement; Governing Language<br />
This Agreement constitutes the entire agreement between the parties with respect to the use of the Apple Software, Apple Services and Apple Certificates licensed hereunder and, except as otherwise set forth herein, supersedes all prior understandings and agreements regarding its subject matter. Notwithstanding the foregoing, to the extent that You are provided with pre-release materials under the Program and such pre-release materials are subject to a separate license agreement, You agree that the license agreement accompanying such materials in addition to Section 9 (Confidentiality) of this Agreement shall also govern Your use of such materials. If You have entered or later enter into the Xcode and Apple SDKs Agreement, this Apple Developer Program License Agreement will govern in the event of any inconsistencies between the two with respect to the same subject matter; provided, however, that this Apple Developer Program License Agreement is not intended to prevent You from exercising any rights granted to You in the Xcode and Apple SDKs Agreement in accordance with the terms and conditions set forth therein. This Agreement may be modified only: (a) by a written amendment signed by both parties, or (b) to the extent expressly permitted by this Agreement (for example, by Apple by written or email notice to You). Any translation is provided as a courtesy to You, and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern, to the extent not prohibited by local law in Your jurisdiction. If You are located in the province of Quebec, Canada or are a government organization within France, then the following clause applies to You: The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.<br />
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Attachment 1<br />
(to the Agreement)<br />
Additional Terms for Apple Push Notification Service and Local Notifications<br />
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The following terms are in addition to the terms of the Agreement and apply to any use of the APN (Apple Push Notification Service):<br />
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1. Use of the APN and Local Notifications<br />
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1.1 You may use the APN only in Your Applications, Your Passes, and/or in sending Safari Push Notifications to the OS X desktop of users of Your Site who have opted in to receive Notifications through Safari on OS X. You, Your Application and/or Your Pass may access the APN only via the APN API and only if You have been assigned a Push Application ID by Apple. Except as otherwise set forth herein, You agree not to share Your Push Application ID with any third party. You understand that You will not be permitted to access or use the APN after expiration or termination of Your Agreement.<br />
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1.2 You are permitted to use the APN and the APN APIs only for the purpose of sending Push Notifications to Your Application, Your Pass, and/or to the OS X desktop of users of Your Site who have opted in to receive Notifications through Safari on OS X as expressly permitted by the Agreement, the APN Documentation and all applicable laws and regulations (including all intellectual property laws). You further agree that You must disclose to Apple any use of the APN as part of the submission process for Your Application. <br />
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1.3 You understand that before You send an end-user any Push Notifications through the APN, the end-user must consent to receive such Notifications. You agree not to disable, override or otherwise interfere with any Apple-implemented consent panels or any Apple system preferences for enabling or disabling Notification functionality. If the end-user’s consent to receive Push Notifications is denied or later withdrawn, You may not send the end-user Push Notifications. <br />
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2. Additional Requirements<br />
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2.1 You may not use the APN or Local Notifications for the purpose of sending unsolicited messages to end-users or for the purpose of phishing or spamming, including, but not limited to, engaging in any types of activities that violate anti-spamming laws and regulations, or that are otherwise improper, inappropriate or illegal. For example, You agree not to include links to phishing or other malicious websites in Your Safari Push Notifications.<br />
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2.2 You may not use the APN or Local Notifications for the purposes of advertising, product promotion, or direct marketing of any kind (e.g., up-selling, cross-selling, etc.), including, but not limited to, sending any messages to promote the use of Your Application or advertise the availability of new features or versions. Notwithstanding the foregoing, You may use the APN or Local Notifications for promotional purposes in connection with Your Pass so long as such use is directly related to the Pass, e.g., a store coupon may be sent to Your Pass in Wallet.<br />
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2.3 You may not excessively use the overall network capacity or bandwidth of the APN, or unduly burden an iOS Product, Apple Watch, OS X or an end-user with excessive Push Notifications or Local Notifications, as may be determined by Apple in its reasonable discretion. In addition, You agree not to harm or interfere with Apple’s networks or servers, or any third party servers or networks connected to the APN, or otherwise disrupt other developers' use of the APN.<br />
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2.4 You may not use the APN or Local Notifications to send material that contains any obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, sounds, etc.), or other content or materials that in Apple’s reasonable judgment may be found objectionable by the end-user of Your Application, Pass or Site.<br />
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2.5 You may not transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs that may harm, disrupt or limit the normal operation of the APN or an iOS Product, Apple Watch, or OS X, and You agree not to disable, spoof, hack or otherwise interfere with any security, digital signing, verification or authentication mechanisms that are incorporated in or used by the APN, or enable others to do so. <br />
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3. Additional Terms for Website Push IDs<br />
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3.1 Subject to the terms of this Agreement, You understand and agree that Safari Push Notifications that You send using Your Website Push ID must be sent under Your own name, trademark or brand (e.g., a user should know that the communication is coming from Your Site) and must include an icon, trademark, logo or other identifying mark for Your Site. You agree not to misrepresent or impersonate another Site or entity or otherwise mislead users about the originator of the Safari Push Notification. To the extent that You reference a third party’s trademark or brand within Your Safari Push Notification, You represent and warrant that You have any necessary rights.<br />
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3.2 By enabling the APN and sending Safari Push Notifications for Your Site as permitted in this Agreement, You hereby permit Apple to use (i) screen shots of Your Safari Push Notifications on OS X; and (ii) trademarks and logos associated with such Notifications, for promotional purposes in Apple’s marketing materials, excluding those portions which You do not have the right to use for promotional purposes and which You identify in writing to Apple. You also permit Apple to use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials. <br />
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4. Delivery by the APN or via Local Notifications. You understand and agree that in order to provide the APN and make Your Push Notifications available on iOS Products, Apple Watch, or OS X, Apple may transmit Your Push Notifications across various public networks, in various media, and modify or change Your Push Notifications to comply with the technical and other requirements for connecting to networks or devices. You acknowledge and agree that the APN is not, and is not intended to be, a guaranteed or secure delivery service, and You shall not use or rely upon it as such. Further, as a condition to using the APN or delivering Local Notifications, You agree not to transmit sensitive personal or confidential information belonging to an individual (e.g., a social security number, financial account or transactional information, or any information where the individual may have a reasonable expectation of secure transmission) as part of any such Notification, and You agree to comply with any applicable notice or consent requirements with respect to any collection, transmission, maintenance, processing or use of an end-user’s personal information.<br />
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5. Your Acknowledgements. You acknowledge and agree that:<br />
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5.1 Apple may at any time, and from time to time, with or without prior notice to You (a) modify the APN, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the APN APIs. You understand that any such modifications may require You to change or update Your Applications, Passes or Sites at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, the APN and may suspend or discontinue all or any portion of the APN at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the APN or APN APIs.<br />
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5.2 The APN is not available in all languages or in all countries and Apple makes no representation that the APN is appropriate or available for use in any particular location. To the extent You choose to access and use the APN, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to any local laws.<br />
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5.3 Apple provides the APN to You for Your use with Your Application, Pass, or Site, and does not provide the APN directly to any end-user. You acknowledge and agree that any Push Notifications are sent by You, not Apple, to the end-user of Your Application, Pass or Site, and You are solely liable and responsible for any data or content transmitted therein and for any such use of the APN. Further, You acknowledge and agree that any Local Notifications are sent by You, not Apple, to the end-user of Your Application, and You are solely liable and responsible for any data or content transmitted therein.<br />
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5.4 Apple makes no guarantees to You in relation to the availability or uptime of the APN and is not obligated to provide any maintenance, technical or other support for the APN.<br />
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5.5 Apple reserves the right to remove Your access to the APN, limit Your use of the APN, or revoke Your Push Application ID at any time in its sole discretion.<br />
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5.6 Apple may monitor and collect information (including but not limited to technical and diagnostic information) about Your usage of the APN to aid Apple in improving the APN and other Apple products or services and to verify Your compliance with this Agreement; provided however that Apple will not access or disclose the content of any Push Notification unless Apple has a good faith belief that such access or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce the terms of this Agreement, including investigation of any potential violation hereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its developers, customers or the public as required or permitted by law. <br />
<br />
6. Additional Liability Disclaimer. APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE APN, INCLUDING ANY INTERRUPTIONS TO THE APN OR ANY USE OF NOTIFICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY POWER OUTAGES, SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER INTERRUPTIONS.<br />
<br />
Attachment 2<br />
(to the Agreement)<br />
Additional Terms for Use of the In-App Purchase API<br />
<br />
The following terms are in addition to the terms of the Agreement and apply to any use of the In-App Purchase API in Your Application:<br />
<br />
1. Use of the In-App Purchase API<br />
<br />
1.1 You may use the In-App Purchase API only to enable end-users to access or receive content, functionality, or services that You make available for use within Your Application (e.g., digital books, additional game levels, access to a turn-by-turn map service). You may not use the In-App Purchase API to offer goods or services to be used outside of Your Application.<br />
<br />
1.2 You must submit to Apple for review and approval all content, functionality, or services that You plan to provide through the use of the In-App Purchase API in accordance with these terms and the processes set forth in Section 6 (Application Submission and Selection) of the Agreement. For all submissions, You must provide the name, text description, price, unique identifier number, and other information that Apple reasonably requests (collectively, the “Submission Description”). Apple reserves the right to review the actual content, functionality or service that has been described in the Submission Descriptions at any time, including, but not limited to, in the submission process and after approval of the Submission Description by Apple. If You would like to provide additional content, functionality or services through the In-App Purchase API that are not described in Your Submission Description, then You must first submit a new or updated Submission Description for review and approval by Apple prior to making such items available through the use of the In-App Purchase API. Apple reserves the right to withdraw its approval of content, functionality, or services previously approved, and You agree to stop making any such content, functionality, or services available for use within Your Application.<br />
<br />
1.3 All content, functionality, and services offered through the In-App Purchase API are subject to the Program Requirements for Applications, and after such content, services or functionality are added to a Licensed Application, they will be deemed part of the Licensed Application and will be subject to all the same obligations and requirements. For clarity, Applications that provide keyboard extension functionality may not use the In-App Purchase API within the keyboard extension itself; however, they may continue to use the In-App Purchase API in separate areas of the Application.<br />
<br />
2. Additional Restrictions<br />
<br />
2.1 You may not use the In-App Purchase API to enable an end-user to set up a pre-paid account to be used for subsequent purchases of content, functionality, or services, or otherwise create balances or credits that end-users can redeem or use to make purchases at a later time. <br />
<br />
2.2 You may not enable end-users to purchase Currency of any kind through the In-App Purchase API, including but not limited to any Currency for exchange, gifting, redemption, transfer, trading or use in purchasing or obtaining anything within or outside of Your Application. “Currency” means any form of currency, points, credits, resources, content or other items or units recognized by a group of individuals or entities as representing a particular value and that can be transferred or circulated as a medium of exchange.<br />
<br />
2.3 Content and services may be offered through the In-App Purchase API on a subscription basis (e.g., subscriptions to newspapers and magazines). Rentals of content, services or functionality through the In-App Purchase API are not allowed (e.g., use of particular content may not be restricted to a pre-determined, limited period of time).<br />
<br />
2.4 You may not use the In-App Purchase API to send any software updates to Your Application or otherwise add any additional executable code to Your Application. An In-App Purchase item must either already exist in Your Application waiting to be unlocked, be streamed to Your Application after the In-App Purchase API transaction has been completed, or be downloaded to Your Application solely as data after such transaction has been completed. <br />
<br />
2.5 You may not use the In-App Purchase API to deliver any items that contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgment may be found objectionable or inappropriate, for example, materials that may be considered obscene, pornographic, or defamatory.<br />
<br />
2.6 With the exception of items of content that an end-user consumes or uses up within Your Application (e.g., virtual supplies such as construction materials) (a “Consumable”), any other content, functionality, services or subscriptions delivered through the use of the In-App Purchase API (e.g., a sword for a game) (a “Non-Consumable”) must be made available to end-users in accordance with the same usage rules as Licensed Applications (e.g., any such content, services or functionality must be available to all of the devices associated with an end-user’s account). You will be responsible for identifying Consumable items to Apple and for disclosing to end-users that Consumables will not be available for use on other devices. <br />
<br />
3. Your Responsibilities<br />
<br />
3.1 For each successfully completed transaction made using the In-App Purchase API, Apple will provide You with a transaction receipt. It is Your responsibility to verify the validity of such receipt prior to the delivery of any content, functionality, or services to an end-user and Apple will not be liable for Your failure to verify that any such transaction receipt came from Apple.<br />
<br />
3.2 Unless Apple provides You with user interface elements, You are responsible for developing the user interface Your Application will display to end-users for orders made through the In-App Purchase API. You agree not to misrepresent, falsely claim, mislead or engage in any unfair or deceptive acts or practices regarding the promotion and sale of items through Your use of the In-App Purchase API, including, but not limited to, in the Licensed Application Information and any metadata that You submit through iTunes Connect. You agree to comply with all applicable laws and regulations, including those in any jurisdictions in which You make content, functionality, services or subscriptions available through the use of the In-App Purchase API, including but not limited to consumer laws and export regulations.<br />
<br />
3.3 Apple may provide hosting services for Non-Consumables that You would like to provide to Your end-users through the use of the In-App Purchase API. Even if Apple hosts such Non-Consumables on Your behalf, You are responsible for providing items ordered through the In-App Purchase API in a timely manner (i.e., promptly after Apple issues the transaction receipt, except in cases where You have disclosed to Your end-user that the item will be made available at a later time) and for complying with all applicable laws in connection therewith, including but not limited to, laws, rules and regulations related to cancellation or delivery of ordered items. You are responsible for maintaining Your own records for all such transactions.<br />
<br />
3.4 You will not issue any refunds to end-users of Your Application, and You agree that Apple may issue refunds to end-users in accordance with the terms of Schedule 2.<br />
<br />
4. Apple Services<br />
<br />
4.1 From time to time, Apple may choose to offer additional services and functionality relating to In-App Purchase API transactions. Apple makes no guarantees that the In-App Purchase API or any Services will continue to be made available to You or that they will meet Your requirements, be uninterrupted, timely, secure or free from error, that any information that You obtain from the In-App Purchase API or any Services will be accurate or reliable or that any defects will be corrected.<br />
<br />
4.2 You understand that You will not be permitted to access or use the In-App Purchase API after expiration or termination of Your Agreement.<br />
<br />
5. Your Acknowledgements. You acknowledge and agree that:<br />
5.1 Apple may at any time, and from time to time, with or without prior notice to You (a) modify the In-App Purchase API, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the In-App Purchase API. You understand that any such modifications may require You to change or update Your Applications at Your own cost in order to continue to use the In-App Purchase API. Apple has no express or implied obligation to provide, or continue to provide, the In-App Purchase API or any services related thereto and may suspend or discontinue all or any portion of thereof at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any suspension, discontinuation or modification of the In-App Purchase API or any services related thereto.<br />
<br />
5.2 Apple provides the In-App Purchase API to You for Your use with Your Application, and may provide services to You in connection therewith (e.g., hosting services for Non-Consumable items). Apple is not responsible for providing or unlocking any content, functionality, services or subscriptions that an end-user orders through Your use of the In-App Purchase API. You acknowledge and agree that any such items are made available by You, not Apple, to the end-user of Your Application, and You are solely liable and responsible for such items ordered through the use of the In-App Purchase API and for any such use of the In-App Purchase API in Your Application or for any use of services in connection therewith.<br />
<br />
5.3 Apple makes no guarantees to You in relation to the availability or uptime of the In-App Purchase API or any other services that Apple may provide to You in connection therewith, and Apple is not obligated to provide any maintenance, technical or other support related thereto.<br />
<br />
6. Use of Digital Certificates for In-App Purchase. When an end-user completes a transaction using the In-App Purchase API in Your Application, Apple will provide You with a transaction receipt signed with an Apple Certificate. It is Your responsibility to verify that such certificate and receipt were issued by Apple, as set forth in the Documentation. You are solely responsible for Your decision to rely on any such certificates and receipts. YOUR USE OF OR RELIANCE ON SUCH CERTIFICATES AND RECEIPTS IN CONNECTION WITH THE IN-APP PURCHASE API IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, RELIABILITY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO SUCH APPLE CERTIFICATES AND RECEIPTS. You agree that You will only use such receipts and certificates in accordance with the Documentation, and that You will not interfere or tamper with the normal operation of such digital certificates or receipts, including but not limited to any falsification or other misuse.<br />
<br />
7. Additional Liability Disclaimer. APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF THE IN-APP PURCHASE API AND ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS, (II) ANY CHANGES WHICH APPLE MAY MAKE TO THE IN-APP PURCHASE API OR ANY SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE IN-APP PURCHASE API OR ANY SERVICES (OR ANY FEATURES WITHIN THE SERVICES) PROVIDED THEREWITH, OR (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO PROVIDE ANY DATA TRANSMITTED BY OR THROUGH YOUR USE OF THE IN-APP PURCHASE API OR SERVICES. It is Your responsibility to maintain appropriate alternate backup of all Your information and data, including but not limited to any Non-Consumables that You may provide to Apple for hosting services.<br />
<br />
<br />
Attachment 3<br />
(to the Agreement)<br />
Additional Terms for the Game Center<br />
<br />
The following terms are in addition to the terms of the Agreement and apply to any use of the Game Center service by You or Your Application. <br />
<br />
1. Use of the Game Center service<br />
<br />
1.1 You and Your Application may not connect to or use the Game Center service in any way not expressly authorized by Apple. You agree to only use the Game Center service in accordance with this Agreement (including this Attachment 3), the Game Center Documentation and in accordance with all applicable laws. You understand that neither You nor Your Application will be permitted to access or use the Game Center service after expiration or termination of Your Agreement.<br />
<br />
1.2 Apple may provide You with a unique identifier which is associated with an end-user’s alias as part of the Game Center service (the “Player ID”). You agree to not display the Player ID to the end-user or to any third party, and You agree to only use the Player ID for differentiation of end-users in connection with Your use of the Game Center. You agree not to reverse look-up, trace, relate, associate, mine, harvest, or otherwise exploit the Player ID, aliases or other data or information provided by the Game Center service, except to the extent expressly permitted herein. For example, You will not attempt to determine the real identity of an end-user. <br />
<br />
1.3 You will only use information provided by the Game Center service as necessary for providing services and functionality for Your Applications. For example, You will not host or export any such information to a third party service. Further, You agree not to transfer or copy any user information or data (whether individually or in the aggregate) obtained through the Game Center service to a third party except as necessary for providing services and functionality for Your Applications, and then only with express user consent and only if not otherwise prohibited in this Agreement.<br />
<br />
1.4 You will not attempt to gain (or enable others to gain) unauthorized use or access to the Game Center service (or any part thereof) in any way, including but not limited to obtaining information from the Game Center service using any method not expressly permitted by Apple. For example, You may not use packet sniffers to intercept any communications protocols from systems or networks connected to the Game Center, scrape any data or user information from the Game Center, or use any third party software to collect information through the Game Center about players, game data, accounts, or service usage patterns.<br />
<br />
2. Additional Restrictions<br />
<br />
2.1 You agree not to harm or interfere with Apple’s networks or servers, or any third party servers or networks connected to the Game Center service, or otherwise disrupt other developers' or end-users’ use of the Game Center. You agree that, except for testing and development purposes, You will not create false accounts through the use of the Game Center service or otherwise use the Game Center service to misrepresent information about You or Your Application in a way that would interfere with an end-users’ use of the Game Center service, e.g., creating inflated high scores through the use of cheat codes or falsifying the number of user accounts for Your Application. <br />
<br />
2.2 You will not institute, assist, or enable any disruptions of the Game Center, such as through a denial of service attack, through the use of an automated process or service such as a spider, script, or bot, or through exploiting any bug in the Game Center service or Apple Software. You agree not to probe, test or scan for vulnerabilities in the Game Center service. You further agree not to disable, spoof, hack, undermine or otherwise interfere with any data protection, security, verification or authentication mechanisms that are incorporated in or used by the Game Center service, or enable others to do so.<br />
<br />
2.3 You will not transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs that may harm, disrupt or limit the normal operation of the Game Center or an iOS Product.<br />
<br />
2.4 You agree not to use any portion of the Game Center service for sending any unsolicited, improper or inappropriate messages to end-users or for the purpose of poaching, phishing or spamming of Game Center users. You will not reroute (or attempt to reroute) users of the Game Center to another service using any information You obtain through the use of the Game Center service. <br />
<br />
2.5 You shall not charge any fees to end-users for access to the Game Center service or for any data or information provided therein.<br />
<br />
2.6 To the extent that Apple permits You to manage certain Game Center features and functionality for Your Application through iTunes Connect (e.g., the ability to block fraudulent users or eliminate suspicious leaderboard scores from Your Application’s leaderboard), You agree to use such methods only when You have a reasonable belief that such users or scores are the result of misleading, fraudulent, improper, unlawful or dishonest acts.<br />
<br />
3. Your Acknowledgements. You acknowledge and agree that:<br />
<br />
3.1 Apple may at any time, and from time to time, with or without prior notice to You (a) modify the Game Center service, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the Game Center APIs or related APIs. You understand that any such modifications may require You to change or update Your Applications at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, the Game Center service and may suspend or discontinue all or any portion of the Game Center service at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the Game Center service or Game Center APIs.<br />
<br />
3.2 As long as the Game Center service is a confidential, pre-release service, You will only allow it to be used for testing and development purposes by Your Authorized Developers and only for use on Your Authorized Test Units, and You will not use any Game Center APIs in Your Licensed Applications. You agree to restrict access to such Authorized Test Units in accordance with the terms of the Agreement. <br />
<br />
3.3 Apple makes no guarantees to You in relation to the availability or uptime of the Game Center service and is not obligated to provide any maintenance, technical or other support for such service.<br />
<br />
3.4 Apple reserves the right to remove Your access to the Game Center service at any time in its sole discretion.<br />
<br />
3.5 Apple may monitor and collect information (including but not limited to technical and diagnostic information) about Your usage of the Game Center service to aid Apple in improving the Game Center and other Apple products or services and to verify Your compliance with this Agreement.<br />
<br />
4. Additional Liability Disclaimer. APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY INTERRUPTIONS TO THE GAME CENTER OR ANY SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER INTERRUPTIONS.<br />
<br />
<br />
Attachment 4<br />
(to the Agreement)<br />
Additional Terms for the use of iCloud<br />
<br />
The following terms are in addition to the terms of the Agreement and apply to Your use of the iCloud service for software development and testing in connection with Your Application, or Web Software. <br />
<br />
1. Use of iCloud<br />
<br />
1.1 Your Applications and/or Web Software may access the iCloud service only if You have been assigned an entitlement by Apple. You agree not to access the iCloud service, or any content, data or information contained therein, other than through the iCloud Storage APIs, CloudKit APIs or via the CloudKit dashboard provided as part of the Program. You agree not to share Your entitlement with any third party or use it for any purposes not expressly permitted by Apple. You agree to use the iCloud service, the iCloud Storage APIs, and the CloudKit APIs only as expressly permitted by this Agreement and the iCloud Documentation, and in accordance with all applicable laws and regulations. Further, Your Web Software is permitted to access and use the iCloud service (e.g., to store the same type of data that is retrieved or updated in a Licensed Application) only so long as Your use of the iCloud service in such Web Software is comparable to Your use in the corresponding Licensed Application, as determined in Apple’s sole discretion. In the event Apple Services permit You to use more than Your allotment of storage containers in iCloud in order to transfer data to another container for any reason, You agree to only use such additional container(s) for a reasonable limited time to perform such functions and not to increase storage and transactional allotments.<br />
<br />
1.2 You understand that You will not be permitted to access or use the iCloud service for software development or testing after expiration or termination of Your Agreement; however end-users who have Your Applications or Web Software installed and who have a valid end-user account with Apple to use iCloud may continue to access their user-generated documents, private containers and files that You have chosen to store in such end-user’s account via the iCloud Storage APIs or the CloudKit APIs in accordance with the applicable iCloud terms and conditions and these terms. You agree not to interfere with an end-user’s ability to access iCloud (or the end-user’s own user-generated documents, private containers and files) or to otherwise disrupt their use of iCloud in any way and at any time. With respect to data You store in public containers through the CloudKit APIs (whether generated by You or the end-user), Apple reserves the right to suspend access to or delete such data, in whole or in part, upon expiration or termination of Your Agreement, or as otherwise specified by Apple in the CloudKit dashboard.<br />
<br />
1.3 Your Application is permitted to use the iCloud Storage APIs only for the purpose of storage and retrieval of key value data (e.g., a list of stocks in a finance App, settings for an App) for Your Applications and Web Software and for purposes of enabling Your end-users to access user-generated documents and files through the iCloud service. Your Application or Web Software application is permitted to use the CloudKit APIs for storing, retrieving, and querying of structured data that You choose to store in public or private containers in accordance with the iCloud Documentation. You agree not to knowingly store any content or materials via the iCloud Storage APIs or CloudKit APIs that would cause Your Application to violate any of the iCloud terms and conditions or the Program Requirements for Your Applications (e.g., Your Application may not store illegal or infringing materials). <br />
<br />
1.4 You may allow a user to access their user-generated documents and files from iCloud through the use of Your Applications as well as from Web Software. However, You may not share key value data from Your Application with other Applications or Web Software, unless You are sharing such data among different versions of the same title, or You have user consent. <br />
<br />
1.5 You are responsible for any content and materials that You store in iCloud through the use of the CloudKit APIs and iCloud Storage APIs and must take reasonable and appropriate steps to protect information You store through the iCloud service. With respect to third party claims related to content and materials stored by Your end-users in Your Applications through the use of the iCloud Storage APIs or CloudKit APIs (e.g., user-generated documents, end-user posts in public containers), You agree to be responsible for properly handling and promptly processing any such claims, including but not limited to Your compliance with notices sent pursuant to the Digital Millennium Copyright Act (DMCA). <br />
<br />
1.6 Unless otherwise expressly permitted by Apple in writing, You will not use iCloud, the iCloud Storage APIs, CloudKit APIs, or any component or function thereof, to create, receive, maintain or transmit any sensitive, individually-identifiable health information, including “protected health information” (as such term is defined at 45 C.F.R § 160.103), or use iCloud in any manner that would make Apple (or any Apple Subsidiary) Your or any third party’s “business associate” as such term is defined at 45 C.F.R. § 160.103. You agree to be solely responsible for complying with any reporting requirements under law or contract arising from Your breach of this Section.<br />
<br />
2. Additional Requirements<br />
<br />
2.1 You understand there are storage capacity, transmission, and transactional limits for the iCloud service, both for You as a developer and for Your end-users. If You reach or Your end-user reaches such limits, then You or Your end-user may be unable to use the iCloud service until You or Your end-user have removed enough data from the service to meet the capacity limits, increased storage capacity or otherwise modified Your usage of iCloud, and You or Your end-user may be unable to access or retrieve data from iCloud during this time.<br />
<br />
2.2 You may not charge any fees to users for access to or use of the iCloud service through Your Applications or Web Software, and You agree not to sell access to the iCloud service in any other way, including but not limited to reselling any part of the service. You will only use the iCloud service in Your Application or Web Software to provide storage for an end-user who has a valid end-user iCloud account with Apple and only for use in accordance with the terms of such user account, except that You may use the CloudKit APIs to store of data in public containers for access by end-users regardless of whether such users have iCloud accounts. You will not induce any end-user to violate the terms of their applicable iCloud service agreement with Apple or to violate any Apple usage policies for data or information stored in the iCloud service.<br />
<br />
2.3 You may not excessively use the overall network capacity or bandwidth of the iCloud service or otherwise burden such service with unreasonable data loads or queries. You agree not to harm or interfere with Apple’s networks or servers, or any third party servers or networks connected to the iCloud, or otherwise disrupt other developers' or users’ use of the iCloud service.<br />
<br />
2.4 You will not disable or interfere with any warnings, system settings, notices, or notifications that are presented to an end-user of the iCloud service by Apple.<br />
<br />
3. Your Acknowledgements<br />
<br />
You acknowledge and agree that:<br />
<br />
3.1 Apple may at any time, with or without prior notice to You (a) modify the iCloud Storage APIs or the CloudKit APIs, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish such APIs. You understand that any such modifications may require You to change or update Your Applications or Web Software at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, the iCloud service and may suspend or discontinue all or any portion of the iCloud service at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the iCloud service, iCloud Storage APIs or the CloudKit APIs.<br />
<br />
3.2 The iCloud service is not available in all languages or in all countries and Apple makes no representation that the iCloud service is appropriate or available for use in any particular location. To the extent You choose to provide access to the iCloud service in Your Applications or Web Software through the iCloud Storage APIs or CloudKit APIs (e.g., to store data in a public or private container), You do so at Your own initiative and are responsible for compliance with any applicable laws or regulations.<br />
<br />
3.3 Apple makes no guarantees to You in relation to the availability or uptime of the iCloud service and is not obligated to provide any maintenance, technical or other support for the iCloud service. Apple is not responsible for any expenditures, investments, or commitments made by You in connection with the iCloud service, or for any use of or access to the iCloud service.<br />
<br />
3.4 Apple reserves the right to suspend or revoke Your access to the iCloud service or impose limits on Your use of the iCloud service at any time in Apple’s sole discretion. In addition, Apple may impose or adjust the limit of transactions Your Applications or Web Software may send or receive through the iCloud service or the resources or capacity that they may use at any time in Apple’s sole discretion.<br />
<br />
3.5 Apple may monitor and collect information (including but not limited to technical and diagnostic information) about usage of the iCloud service through the iCloud Storage APIs, CloudKit APIs, or CloudKit dashboard, in order to aid Apple in improving the iCloud service and other Apple products or services; provided however that Apple will not access or disclose any end-user data stored in a private container through CloudKit, any Application data stored in a public container through CloudKit, or any user-generated documents, files or key value data stored using the iCloud Storage APIs and iCloud service, unless Apple has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal or regulatory process or request, or unless otherwise requested by an end-user with respect to data stored via the iCloud Storage APIs in that end-user’s iCloud account or in that end-user’s private container via the CloudKit APIs. <br />
<br />
3.6 Further, to the extent that You store any end-user personal information in the iCloud service through the use of the iCloud Storage APIs or CloudKit APIs, You agree that Apple (and any applicable Apple Subsidiary) will act as Your agent for the processing, storage and handling of any such personal information. You remain responsible at all times for such personal information; however, Apple will protect such data with the security features outlined in our Privacy Policy, including abiding by Safe Harbor Programs.<br />
<br />
4. Additional Liability Disclaimer. NEITHER APPLE NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF iCLOUD, iCLOUD STORAGE APIS, OR CLOUDKIT APIS, OR FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA OR ANY END-USER DATA OR ANY CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY YOUR END-USERS, INCLUDING ANY CLAIMS REGARDING DATA PROCESSING OR INAPPROPRIATE OR UNAUTHORIZED DATA STORAGE OR HANDLING BY YOU IN VIOLATION OF THIS AGREEMENT.<br />
<br />
<br />
Attachment 5<br />
(to the Agreement)<br />
Additional Terms for Passes<br />
<br />
The following terms are in addition to the terms of the Agreement and apply to Your development and distribution of Passes:<br />
<br />
1. Pass Type ID Usage and Restrictions<br />
<br />
You may use the Pass Type ID only for purposes of digitally signing Your Pass for use with Wallet and/or for purposes of using the APN service with Your Pass. You may distribute Your Pass Type ID as incorporated into Your Pass in accordance with Section 2 below only so long as such distribution is under Your own trademark or brand. To the extent that You reference a third party’s trademark or brand within Your Pass (e.g., a store coupon for a particular good), You represent and warrant that You have any necessary rights. You agree not to share, provide or transfer Your Pass Type ID to any third party (except for a Service Provider and only to the limited extent permitted herein), nor use Your Pass Type ID to sign a third party's pass.<br />
<br />
2. Pass Distribution; Marketing Permissions<br />
<br />
2.1 Subject to the terms of this Agreement, You may distribute Your Passes to end-users by the web, email, or an Application. You understand that Passes must be accepted by such users before they will be loaded into Wallet and that Passes can be removed or transferred by such users at any time.<br />
<br />
2.2 By distributing Your Passes in this manner, You represent and warrant to Apple that Your Passes comply with the Documentation and Program Requirements then in effect and the terms of this Attachment 5. Apple shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of distributing Your Passes in this manner.<br />
<br />
2.3 You agree to state on the Pass Your name and address, and the contact information (telephone number; email address) to which any end-user questions, complaints, or claims with respect to Your Pass should be directed. You will be responsible for attaching or otherwise including, at Your discretion, any relevant end-user usage terms with Your Pass. Apple will not be responsible for any violations of Your end-user usage terms. You will be solely responsible for all user assistance, warranty and support of Your Pass. You may not charge any fees to end-users in order to use Wallet to access Your Pass.<br />
<br />
2.4 By distributing Your Passes as permitted in this Agreement, You hereby permit Apple to use (i) screen shots of Your Pass; (ii) trademarks and logos associated with Your Pass; and (iii) Pass Information, for promotional purposes in marketing materials and gift cards, excluding those portions which You do not have the right to use for promotional purposes and which You identify in writing to Apple. You also permit Apple to use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials and gift cards. <br />
<br />
3. Additional Pass Requirements<br />
<br />
3.1 Apple may provide You with templates to use in creating Your Passes, and You agree to choose the relevant template for Your applicable use (e.g., You will not use the boarding pass template for a movie ticket).<br />
<br />
3.2 Passes may only operate and be displayed in Wallet, which is Apple's designated container area for the Pass, through Wallet on the lock screen of an iOS Product, or on Apple Watch in accordance with the Documentation.<br />
<br />
3.3. Notwithstanding anything else in Section 3.3.9 of the Agreement, with prior user consent, You and Your Pass may share user and/or or device data with Your Application so long as such sharing is for the purpose of providing a service or function that is directly relevant to the use of the Pass and/or Application, or to serve advertising in accordance with Sections 3.3.12 and 3.3.13 of the Agreement.<br />
<br />
3.4 If You would like to use embedded Near Field Communication (NFC) technology with Your Pass, then You may request an Apple Certificate for the use of NFC with a Pass from the Developer web portal. Apple will review Your request and may provide You with a separate agreement for the use of such Apple Certificate. Apple reserves the right to not provide You with such Apple Certificate. <br />
<br />
4. Apple’s Right to Review Your Pass; Revocation. You understand and agree that Apple reserves the right to review and approve or reject any Pass that You would like to distribute for use by Your end-users, or that is already in use by Your end-users, at any time during the Term of this Agreement. If requested by Apple, You agree to promptly provide such Pass to Apple. You agree not to attempt to hide, misrepresent, mislead, or obscure any features, content, services or functionality in Your Pass from Apple's review or otherwise hinder Apple from being able to fully review such Pass, and, You agree to cooperate with Apple and answer questions and provide information and materials reasonably requested by Apple regarding such Pass. If You make any changes to Your Pass after submission to Apple, You agree to notify Apple and, if requested by Apple, resubmit Your Pass prior to any distribution of the modified Pass to Your end-users. Apple reserves the right to revoke Your Pass Type ID and reject Your Pass for distribution to Your end-users for any reason and at any time in its sole discretion, even if Your Pass meets the Documentation and Program Requirements and terms of this Attachment 5; and, in that event, You agree that You may not distribute such Pass to Your end-users.<br />
<br />
5. Additional Liability Disclaimer. APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, DISTRIBUTION, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF WALLET, YOUR PASS TYPE ID, YOUR PASSES, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR PASS IN WALLET OR ANY END-USER CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY YOUR END-USERS.<br />
<br />
<br />
Attachment 6<br />
(to the Agreement)<br />
Additional Terms for the use of the Apple Maps Service<br />
<br />
The following terms are in addition to the terms of the Agreement and apply to any use of the Apple Maps Service in Your Application.<br />
<br />
1. Use of the Maps Service<br />
<br />
1.1 Your Application may access the Apple Maps Service only via the MapKit API. You agree not to access the Apple Maps Service or the Map Data other than through the MapKit API.<br />
<br />
1.2 You will use the Apple Maps Service and Map Data only as necessary for providing services and functionality for Your Application. You agree to use the Apple Maps Service and MapKit API only as expressly permitted by this Agreement (including but not limited to this Attachment 6) and the MapKit Documentation, and in accordance with all applicable laws and regulations.<br />
<br />
1.3 You acknowledge and agree that results You receive from the Apple Maps Service may vary from actual conditions due to variable factors that can affect the accuracy of the Map Data, such as weather, road and traffic conditions, and geopolitical events.<br />
<br />
2. Additional Restrictions<br />
<br />
2.1 Your Application must not remove, obscure or alter Apple’s or its licensors’ copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Apple Maps Service.<br />
<br />
2.2 You will not use the Apple Maps Service in any manner that enables or permits bulk downloads or feeds of the Map Data, or any portion thereof, or that in any way attempts to extract, scrape or reutilize any portions of the Map Data. For example, neither You nor Your Application may use or make available the Map Data, or any portion thereof, as part of any secondary or derived database.<br />
<br />
2.3 Except to the extent expressly permitted herein, You agree not to copy, modify, translate, create a derivative work of, publish or publicly display the Map Data in any way. Further, You may not use or compare the data provided by the Apple Maps Service for the purpose of improving or creating another mapping service. You agree not to create or attempt to create a substitute or similar service through use of or access to the Apple Maps Service.<br />
<br />
2.4 Your Application may display the Map Data only as permitted herein, and when displaying it on a map, You agree that it will be displayed only on an Apple map provided through the Apple Maps Service;<br />
<br />
2.5 Unless otherwise expressly permitted in the MapKit Documentation, Map Data may not be cached, pre-fetched, or stored by You or Your Application, other than on a temporary and limited basis solely to improve the performance of the Apple Maps Service with Your Application.<br />
<br />
2.6 You may not charge any fees to end-users solely for access to or use of the Apple Maps Service through Your Application, and You agree not to sell access to the Apple Maps Service in any other way.<br />
<br />
2.7 You acknowledge and agree that Apple may impose restrictions on Your usage of the Apple Maps Service (e.g., limiting the number of transactions Your Application can make through the MapKit API) or may revoke or remove Your access to the Apple Maps Service (or any part thereof) at any time in its sole discretion. Further, You acknowledge and agree that results You may receive from the Apple Maps Service may vary from actual conditions due to variable factors that can affect the accuracy of Map Data, such as road or weather conditions.<br />
<br />
3. Your Acknowledgements. You acknowledge and agree that:<br />
<br />
3.1 Apple may at any time, with or without prior notice to You (a) modify the Apple Maps Service and/or the MapKit API, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the MapKit API. You understand that any such modifications may require You to change or update Your Applications at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, the Apple Maps Service and may suspend or discontinue all or any portion of the Apple Maps Service at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the Apple Maps Service or MapKit API.<br />
<br />
3.2 The Apple Maps Service may not be available in all countries or languages, and Apple makes no representation that the Apple Maps Service is appropriate or available for use in any particular location. To the extent You choose to provide access to the Apple Maps Service in Your Applications or through the MapKit API, You do so at Your own initiative and are responsible for compliance with any applicable laws.<br />
<br />
3.3 If the Apple Maps Service is provided to You as a confidential, pre-release service, You will only allow it to be used for testing and development purposes by Your Authorized Developers and only for use on Your Authorized Test Units, and You will not use the pre-release version of the Apple Maps Service in Your Licensed Applications. You agree to restrict access to such Authorized Test Units in accordance with the terms of the Agreement. <br />
<br />
4. Additional Liability Disclaimer. NEITHER APPLE NOR ITS LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF THE APPLE MAPS SERVICE, INCLUDING ANY INTERRUPTIONS DUE TO SYSTEM FAILURES, NETWORK ATTACKS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE.<br />
<br />
<br />
Attachment 7<br />
(to the Agreement)<br />
Additional Terms for Safari Extensions<br />
<br />
The following terms are in addition to the terms of the Agreement and apply to Safari Extensions signed with an Apple Certificate:<br />
<br />
1.1 Safari Extension Requirements<br />
<br />
If You would like to submit Your Safari Extension for hosting by Apple in the Safari Extensions Gallery or otherwise distribute Your Safari Extension signed with an Apple Certificate, then You agree to abide by the following requirements for such Safari Extensions, as they may be modified by Apple from time to time:<br />
<br />
- Your Safari Extension must not contain any malware, malicious or harmful code, or other internal component (e.g. computer viruses, trojan horses, “backdoors”), which could damage, destroy, or adversely affect Apple hardware, software or services, or other third party software, firmware, hardware, data, systems, services, or networks;<br />
<br />
- Your Safari Extensions must not be designed or marketed for the purpose of harassing, abusing, stalking, spamming, misleading, defrauding, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others. Further, You may not create a Safari Extension that tracks the behavior of a user (e.g., their browsing sites) without their express consent;<br />
<br />
- Your Safari Extension must only operate in Safari on OS X's designated container area for the Safari Extension, and must not disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like;<br />
<br />
- Your Safari Extension must have a single purpose and updates must not change the single purpose of Your Safari Extension. You agree to accurately represent the features and functionality of Your Extension to the user and to act in accordance with such representations. For example, Your Safari Extension may not redirect a link (or any affiliate link) on a website unless that behavior is disclosed to the user; <br />
<br />
- Your Safari Extension may not inject ads into a website and may not display pop up ads;<br />
<br />
- You must not script or automate installation of Your Safari Extension or enable others to do so. You agree not to bundle Your Safari Extension with any other applications or extensions. You may allow a user to install Your Safari Extension only by: (a) clicking an Install button in the Safari Extensions Gallery; or (b) clicking the .safariextz file to open the Safari Extension in Safari and allowing Safari to prompt the user to confirm the installation;<br />
<br />
- Safari Extensions must not interfere with security, user interface, user experience, features or functionality of Safari, OS X, or other Apple-branded products; and<br />
<br />
- Your Safari Extensions must comply with the Documentation and all applicable laws and regulations, including those in any jurisdictions in which such Safari Extensions may be offered or made available. You should review the latest Safari Extensions Development Guide available on the Developer web portal. <br />
<br />
You understand that Apple may revoke the Apple Certificates used to sign Your Safari Extensions at any time, in its sole discretion. Further, You acknowledge and agree that Apple may block Your Safari Extension (such that it may be unavailable or inaccessible to Safari users) if it does not comply with the requirements set forth above in this Section 1.1 or otherwise adversely affects users of Safari or OS X.<br />
<br />
1.2 Submission to the Safari Extensions Gallery<br />
<br />
If You are submitting Your Safari Extension for hosting by Apple on the Safari Extensions Gallery, You agree that Your Safari Extension complies with the requirements set forth above in Section 1.1, and with any additional guidelines that Apple may post on the Program web portal for the Safari Extensions Gallery. <br />
<br />
You understand that Apple will review such Extensions prior to posting them on the Safari Extensions Gallery and that Apple can approve or reject Your Safari Extension in its sole discretion. Further, You agree that Apple reserves the right to remove Safari Extensions from the Safari Extensions Gallery at any time in its sole discretion without notice to You. By submitting Your Safari Extension for hosting by Apple, You consent to Apple hosting it for You on the Safari Extensions Gallery. You will be responsible for attaching or otherwise including, at Your discretion, any relevant end-user usage terms with such Safari Extension and for all user assistance, warranty and support of Your Safari Extension. You may remove Your Safari Extension from the Safari Extensions Gallery by emailing: safari-extensions@apple.com. <br />
<br />
By distributing Your Safari Extension through the Safari Extensions Gallery, You hereby permit Apple to use (a) screen shots of Your Safari Extension; and (b) trademarks and logos associated with Your Safari Extension for promotional purposes in marketing materials, excluding those portions which You do not have the right to use for promotional purposes and which You identify in writing to Apple. You also permit Apple to use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials.<br />
<br />
<br />
Schedule 1<br />
<br />
1. Appointment of Agent<br />
<br />
1.1 You hereby appoint Apple and Apple Subsidiaries (collectively “Apple”) as: (i) Your agent for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 1 to this Schedule 1, subject to change; and (ii) Your commissionaire for the marketing and delivery of the Licensed Applications to end-users located in those countries listed on Exhibit A, Section 2 to this Schedule 1, subject to change, during the Delivery Period. The most current list of App Store countries among which You may select shall be set forth in the iTunes Connect tool and may be updated by Apple from time to time. You hereby acknowledge that Apple will market and make the Licensed Applications available for download by end-users, through one or more App Stores, for You and on Your behalf. For purposes of this Schedule 1, the following terms apply:<br />
<br />
(a) “You” shall include iTunes Connect users authorized by You to submit Licensed Applications and associated metadata on Your behalf; and<br />
<br />
(b) “end-user” includes individual purchasers as well as eligible users associated with their account via Family Sharing. For institutional customers, “end-user” shall mean the individual authorized to use the Licensed Application, the institutional administrator responsible for management of installations on shared devices, as well as authorized institutional purchasers themselves, including educational institutions approved by Apple, which may acquire the Licensed Applications for use by their employees, agents, and affiliates. <br />
<br />
1.2 In furtherance of Apple’s appointment under Section 1.1 of this Schedule 1, You hereby authorize and instruct Apple to:<br />
<br />
(a) market, solicit and obtain orders on Your behalf for Licensed Applications from end-users located in the countries identified by You in the iTunes Connect tool;<br />
<br />
(b) provide hosting services to You subject to the terms of the Agreement, in order to allow for the storage of, and end-user access to, the Licensed Applications and to enable third party hosting of such Licensed Applications solely as otherwise licensed or authorized by Apple;<br />
<br />
(c) make copies of, format, and otherwise prepare Licensed Applications for acquisition and download by end-users, including adding the Security Solution and other optimizations identified in the Agreement;<br />
<br />
(d) allow or, in the case of cross-border assignments of VPP purchases, arrange for end-users to access and re-access copies of the Licensed Applications, so that end-users may acquire from You and electronically download those Licensed Applications, Licensed Application Information, and associated metadata through one or more App Stores, and You hereby authorize distribution of Your Licensed Applications under this Schedule 1 to end-users with accounts associated with another end-user’s via Family Sharing. You also hereby authorize distribution of Your Licensed Applications under this Schedule 1 for use by multiple end users under a single Apple ID when the Licensed Application is provided to such end-users through Apple Configurator in accordance with the Apple Configurator software license agreement or requested by a single institutional customer via the Volume Purchase Program for use by its end-users and/or for installation on devices with no associated iTunes Account that are owned or controlled by that institutional customer in accordance with the Volume Purchase Program terms, conditions, and program requirements;<br />
<br />
(e) use (i) screen shots, previews, and/or up to 30 second excerpts of the Licensed Applications; (ii) trademarks and logos associated with the Licensed Applications; and (iii) Licensed Application Information, for promotional purposes in marketing materials and gift cards, excluding those portions of the Licensed Applications, trademarks or logos, or Licensed Application Information which You do not have the right to use for promotional purposes, and which You identify in writing at the time that the Licensed Applications are delivered by You to Apple under Section 2.1 of this Schedule 1, and use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials and gift cards;<br />
<br />
(f) otherwise use Licensed Applications, Licensed Application Information and associated metadata as may be reasonably necessary in the delivery of the Licensed Applications in accordance with this Schedule 1. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 1; and<br />
<br />
(g) facilitate distribution of pre-release versions of Your Licensed Applications (“Beta Testing”) to end-users designated by You in accordance with the Agreement, availability, and other program requirements as updated from time to time in the iTunes Connect tool. For the purposes of such Beta Testing, You hereby waive any right to collect any purchase price, proceeds or other remuneration for the distribution and download of such pre-release versions of Your Licensed Application. You further agree that You shall remain responsible for the payment of any royalties or other payments to third parties relating to the distribution and user of Your pre-release Licensed Applications, as well as compliance with any and all laws for territories in which such Beta Testing takes place. For the sake of clarity, no commission shall be owed to Apple with respect to such distribution.<br />
<br />
1.3 The parties acknowledge and agree that their relationship under this Schedule 1 is, and shall be, that of principal and agent, or principal and commissionaire, as the case may be, as described in Exhibit A, Section 1 and Exhibit A, Section 2 respectively, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Licensed Applications, as provided in this Schedule 1. The parties acknowledge and agree that Your appointment of Apple as its agent or commissionaire, as the case may be, under this Schedule 1 is non-exclusive. You hereby represent and warrant that You own or control the necessary rights in order to appoint Apple and Apple Subsidiaries as Your worldwide agent and/or commissionaire for the delivery of Your Licensed Applications, and that the fulfillment of such appointment by Apple and Apple Subsidiaries shall not violate or infringe the rights of any third party.<br />
<br />
1.4 For purposes of this Schedule 1, the “Delivery Period” shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that Apple’s appointment as Your agent shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this Schedule 1 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 4.1 and 6.2 of this Schedule 1.<br />
<br />
1.5 All of the Licensed Applications delivered by You to Apple under Section 2.1 of this Schedule 1 shall be made available by Apple for download by end-users at no charge. Apple shall have no duty to collect any fees for the Licensed Applications for any end-user and shall have no payment obligation to You with respect to any of those Licensed Applications under this Schedule 1. In the event that You intend to charge end-users a fee for any Licensed Application or In-App Purchase, You must enter (or have previously entered) into a separate agreement (Schedule 2) with Apple with respect to that Licensed Application.<br />
<br />
2. Delivery of the Licensed Applications to Apple<br />
<br />
2.1 You will deliver to Apple, at Your sole expense, using the iTunes Connect tool or other mechanism provided by Apple, the Licensed Applications, Licensed Application Information and associated metadata, in a format and manner prescribed by Apple, as required for the delivery of the Licensed Applications to end-users in accordance with this Schedule 1. Metadata You deliver to Apple under this Schedule 1 will include: (i) the title and version number of each of the Licensed Applications; (ii) the countries You designate, in which You wish Apple to allow end-users to download those Licensed Applications; (iii) any copyright or other intellectual property rights notices; (iv) Your privacy policy, if any; (v) Your end-user license agreement (“EULA”), if any, in accordance with Section 3.2 of this Schedule 1; and (vi) any additional metadata set forth in the Documentation and/or the iTunes Connect Tool as may be updated from time to time, including metadata designed to enhance search and discovery for content on Apple-branded hardware.<br />
<br />
2.2 All Licensed Applications will be delivered by You to Apple using software tools, a secure FTP site address and/or such other delivery methods as prescribed by Apple.<br />
<br />
2.3 You hereby certify that all of the Licensed Applications You deliver to Apple under this Schedule 1 are authorized for export from the United States to each of the countries designated by You under Section 2.1 hereof, in accordance with the requirements of all applicable laws, including but not limited to the United States Export Administration Regulations, 15 C.F.R. Parts 730-774 and the International Traffic in Arms Regulations 22 C.F.R. Parts 120-130. Without limiting the generality of this Section 2.3, You certify that (i) none of the Licensed Applications contains, uses or supports any data encryption or cryptographic functions; or (ii) in the event that any Licensed Application contains, uses or supports any such data encryption or cryptographic functionality, You certify that You have complied with the United States Export Administration Regulations, and are in possession of, and will, upon request, provide Apple with a PDF copy of Your Encryption Registration Number (ERN), or export classification ruling (CCATS) issued by the United States Commerce Department, Bureau of Industry and Security and PDF copies of appropriate authorizations from other countries that mandate import authorizations for that Licensed Application, as required. You acknowledge that Apple is relying upon Your certification in this Section 2.3 in allowing end-users to access and download the Licensed Applications under this Schedule 1. Except as provided in this Section 2.3, Apple will be responsible for compliance with the requirements of the Export Administration Regulations in allowing end-users to access and download the Licensed Applications under this Schedule 1.<br />
<br />
3. Ownership and End-User Licensing and Delivery of the Licensed Applications to End Users<br />
<br />
3.1 You acknowledge and agree that Apple, in the course of acting as agent and/or commissionaire for You, is hosting, or pursuant to Section 1.2(b) of this Schedule 1 may enable authorized third parties to host, the Licensed Application(s), and is allowing the download of those Licensed Application(s) by end-users, on Your behalf. However, You are responsible for hosting and delivering content or services sold or delivered by You using the In-App Purchase API, except for content that is included within the Licensed Application itself (i.e., the In-App Purchase simply unlocks the content) or content hosted by Apple pursuant to Section 3.3 of Attachment 2 of the Agreement. The parties acknowledge and agree that Apple shall not acquire any ownership interest in or to any of the Licensed Applications or Licensed Applications Information, and title, risk of loss, responsibility for, and control over the Licensed Applications shall, at all times, remain with You. Apple may not use any of the Licensed Applications or Licensed Application Information for any purpose, or in any manner, except as specifically authorized in the Agreement or this Schedule 1.<br />
<br />
3.2 You may deliver to Apple Your own EULA for any Licensed Application at the time that You deliver that Licensed Application to Apple, in accordance with Section 2.1 of this Schedule 1; provided, however, that Your EULA must include and may not be inconsistent with the minimum terms and conditions specified on Exhibit B to this Schedule 1 and must comply with all applicable laws in all countries where You wish Apple to allow end-users to download that Licensed Application. Apple shall enable each end-user to review Your EULA (if any) at the time that Apple delivers that Licensed Application to that end-user, and Apple shall notify each end-user that the end-user’s use of that Licensed Application is subject to the terms and conditions of Your EULA (if any). In the event that You do not furnish Your own EULA for any Licensed Application to Apple, You acknowledge and agree that each end-user’s use of that Licensed Application shall be subject to Apple’s standard EULA (which is part of the App Store Terms of Service).<br />
<br />
3.3 You hereby acknowledge that the EULA for each of the Licensed Applications is solely between You and the end-user and conforms to applicable law, and Apple shall not be responsible for, and shall not have any liability whatsoever under, any EULA or any breach by You or any end-user of any of the terms and conditions of any EULA.<br />
<br />
3.4 A Licensed Application may read or play content (magazines, newspapers, books, audio, music, video) that is offered outside of the Licensed Application (such as, by way of example, through Your website) provided that You do not link to or market external offers for such content within the Licensed Application. You are responsible for authentication access to content acquired outside of the Licensed Application.<br />
<br />
3.5 Subject to availability, You may offer in-app subscriptions for free in select territories using the In-App Purchase API subject to the terms of this Schedule 1, provided that the Licensed Application is Newsstand-enabled pursuant to section 3.7 below and You clearly and conspicuously disclose to users the following information regarding Your in-app subscription:<br />
<br />
- Title of publication or service<br />
- Subscription may be discontinued at any time by removing app from device<br />
- Links to Your Privacy Policy and Terms of Use<br />
<br />
3.6 To the extent You promote and offer in-app subscriptions, You must do so in compliance with all legal and regulatory requirements.<br />
<br />
3.7 If Your Licensed Application is periodical content-based (e.g., magazines and newspapers), Apple may provide You with the name, email address, and zip code associated with an end-user’s account when they request an auto-renewing subscription via the In-App Purchase API, provided that such user consents to the provision of data to You, and further provided that You may only use such data to promote Your own products and do so in strict compliance with Your publicly posted Privacy Policy, a copy of which must be readily viewed and is consented to in Your Licensed Application.<br />
<br />
3.8 Licensed Applications offering subscription services under this Schedule 1 must be included in Apple’s Newsstand program provided that, in addition to the requirements set forth in paragraphs 3.5, 3.6 and 3.7, You:<br />
<br />
- Enable the Licensed Application as a Newsstand app in the iTunes Connect tool<br />
- Authorize Apple to select “Newsstand” as the Licensed Application’s secondary category<br />
- Utilize the In-App Purchase API, include any additional code, and comply with any other requirements as identified and updated from time to time in Newsstand-related documentation found in the iOS developer library and the iTunes Connect Developer Guide<br />
- Provide updated cover art with each new issue<br />
- Confirm that the content of the Licensed Application is a periodical (e.g., newspaper or magazine)<br />
<br />
You acknowledge and agree that Apple reserves the right to recategorize or reject Your Licensed Application if it is not appropriate for Newsstand.<br />
<br />
4. Content Restrictions and Software Rating<br />
<br />
4.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and distribute each of the Licensed Applications, and to authorize Apple to permit end-users to download and use each of the Licensed Applications through one or more App Stores; (b) none of the Licensed Applications, or Apple’s or end-users’ permitted uses of those Licensed Applications, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and that You are not submitting the Licensed Applications to Apple on behalf of one or more third parties; (c) each of the Licensed Applications is authorized for distribution, sale and use in, export to, and import into each of the countries designated by You under Section 2.1 of this Schedule 1, in accordance with the laws and regulations of those countries and all applicable export/import regulations; (d) none of the Licensed Applications contains any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations of any of the countries You designate under Section 2.1 of this Schedule 1; (e) all information You provide using the iTunes Connect tool, including any information relating to the Licensed Applications, is accurate and that, if any such information ceases to be accurate, You will promptly update it to be accurate using the iTunes Connect tool; and (f) in the event a dispute arises over the content of Your Licensed Applications or use of Your intellectual property on the App Store, You agree to follow Apple’s app dispute process on a non-exclusive basis and without any party waiving its legal rights.<br />
<br />
4.2 You shall use the software rating tool set forth on iTunes Connect to supply information regarding each of the Licensed Applications delivered by You for marketing and fulfillment by Apple through the App Store under this Schedule 1 in order to assign a rating to each such Licensed Application. For purposes of assigning a rating to each of the Licensed Applications, You shall use Your best efforts to provide correct and complete information about the content of that Licensed Application with the software rating tool. You acknowledge and agree that Apple is relying on: (i) Your good faith and diligence in accurately and completely providing the requested information for each Licensed Application; and (ii) Your representations and warranties in Section 4.1 hereof, in making that Licensed Application available for download by end-users in each of the countries You designate hereunder. Furthermore, You authorize Apple to correct the rating of any Licensed Application of Yours that has been assigned an incorrect rating; and You agree to any such corrected rating.<br />
<br />
4.3 In the event that any country You designate hereunder requires the approval of, or rating of, any Licensed Application by any government or industry regulatory agency as a condition for the distribution and/or use of that Licensed Application, You acknowledge and agree that Apple may elect not to make that Licensed Application available for download by end-users in that country from any App Store.<br />
<br />
5. Responsibility and Liability<br />
<br />
5.1 Apple shall have no responsibility for the installation and/or use of any of the Licensed Applications by any end-user. You shall be solely responsible for any and all product warranties, end-user assistance and product support with respect to each of the Licensed Applications.<br />
<br />
5.2 You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Licensed Applications and/or the use of those Licensed Applications by any end-user, including, but not limited to: (i) claims of breach of warranty, whether specified in the EULA or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Licensed Applications and/or the end-user’s possession or use of those Licensed Applications infringes the copyright or other intellectual property rights of any third party.<br />
<br />
6. Termination<br />
<br />
6.1 This Schedule 1, and all of Apple’s obligations hereunder, shall terminate upon the expiration or termination of the Agreement. <br />
<br />
6.2 In the event that You no longer have the legal right to distribute the Licensed Applications, or to authorize Apple to allow access to those Licensed Applications by end-users, in accordance with this Schedule 1, You shall promptly notify Apple and withdraw those Licensed Applications from the App Store using the tools provided on the iTunes Connect site; provided, however, that such withdrawal by You under this Section 6.2 shall not relieve You of any of Your obligations to Apple under this Schedule 1, or any liability to Apple and/or any end-user with respect to those Licensed Applications.<br />
<br />
6.3 Apple reserves the right to cease marketing, offering, and allowing download by end-users of the Licensed Applications at any time, with or without cause, by providing notice of termination to You. Without limiting the generality of this Section 6.3, You acknowledge that Apple may cease allowing download by end-users of some or all of the Licensed Applications, or take other interim measures in Apple’s sole discretion, if Apple reasonably believes that: (i) those Licensed Applications are not authorized for export to one or more of the countries designated by You under Section 2.1 hereof, in accordance with the Export Administration Regulations; (ii) those Licensed Applications and/or any end-user’s possession and/or use of those Licensed Applications, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; (iii) the distribution and/or use of those Licensed Applications violates any applicable law in any country You designate under Section 2.1 of this Schedule 1; or (iv) You have violated the terms of the Agreement, this Schedule 1, or other documentation including without limitation the iOS App Review Guidelines. An election by Apple to cease allowing download of any Licensed Applications, pursuant to this Section 6.3, shall not relieve You of Your obligations under this Schedule 1.<br />
<br />
6.4 You may withdraw any or all of the Licensed Applications from the App Store, at any time, and for any reason, by using the tools provided on the iTunes Connect site, except that, with respect to Your end-users, You hereby authorize and instruct Apple to fulfill sections 1.2(b), (c), and (d) of this Schedule 1, which shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 4.1 and 6.2 of this Schedule 1.<br />
<br />
7. Legal Consequences<br />
<br />
The relationship between You and Apple established by this Schedule 1 may have important legal consequences for You. You acknowledge and agree that it is Your responsibility to consult with Your legal advisors with respect to Your legal obligations hereunder.<br />
<br />
EXHIBIT A<br />
(to Schedule 1)<br />
<br />
1. Apple as Agent<br />
<br />
You appoint Apple Canada, Inc. (“Apple Canada”) as Your agent for the marketing and end-user download of the Licensed Applications by end-users located in the following country:<br />
<br />
Canada<br />
<br />
You appoint Apple Pty Limited (“APL”) as Your agent for the marketing and end-user download of the Licensed Applications by end-users located in the following countries:<br />
<br />
Australia<br />
New Zealand<br />
<br />
You appoint Apple Inc. as Your agent pursuant to California Civil Code §§ 2295 et seq. for the marketing and end-user download of the Licensed Applications by end-users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
<br />
Argentina<br />
Cayman Islands<br />
Guatemala<br />
St. Kitts & Nevis<br />
Anguilla<br />
Chile<br />
Honduras<br />
St. Lucia<br />
Antigua & Barbuda<br />
Colombia<br />
Jamaica<br />
St. Vincent & The<br />
Grenadines<br />
Bahamas<br />
Costa Rica<br />
Mexico<br />
Suriname<br />
Barbados<br />
Dominica<br />
Montserrat<br />
Trinidad & Tobago<br />
Belize<br />
Dominican Republic<br />
Nicaragua<br />
Turks & Caicos<br />
Bermuda<br />
Ecuador<br />
Panama<br />
Uruguay<br />
Bolivia<br />
El Salvador<br />
Paraguay<br />
Venezuela<br />
Brazil<br />
Grenada<br />
Peru<br />
United States<br />
British Virgin Islands<br />
Guyana<br />
<br />
<br />
<br />
You appoint iTunes KK as Your agent pursuant to Article 643 of the Japanese Civil Code for the marketing and end-user download of the Licensed Applications by end-users located in the following country:<br />
<br />
Japan<br />
<br />
2. Apple as Commissionaire<br />
<br />
You appoint iTunes S.a.r.l. as Your commissionaire pursuant to Article 91 of the Luxembourg Code de commerce for the marketing and end-user download of the Licensed Applications by end-users located in the following countries, as updated from time to time via the iTunes Connect site:<br />
<br />
<br />
<br />
Albania<br />
Cyprus<br />
Jordan<br />
Micronesia, Fed<br />
Algeria<br />
Czech Republic<br />
Kazakhstan<br />
States of<br />
Angola<br />
Egypt<br />
Korea<br />
Mongolia<br />
Austria<br />
Estonia<br />
Kuwait<br />
Mozambique<br />
Azerbaijan<br />
Fiji<br />
Kyrgyzstan<br />
Namibia<br />
Bahrain<br />
Finland<br />
Laos<br />
Nepal<br />
Belarus<br />
France<br />
Latvia<br />
Netherlands<br />
Belgium<br />
Gambia<br />
Lebanon<br />
Niger<br />
Benin<br />
Germany<br />
Liberia<br />
Nigeria<br />
Bhutan<br />
Ghana<br />
Lithuania<br />
Norway<br />
Botswana<br />
Greece<br />
Luxembourg<br />
Oman<br />
Brunei<br />
Guinea-Bissau<br />
Macau<br />
Pakistan<br />
Bulgaria<br />
Hong Kong<br />
Macedonia<br />
Palau<br />
Burkina-Faso<br />
Hungary<br />
Madagascar<br />
Papua New Guinea<br />
Cambodia<br />
Iceland<br />
Malawi<br />
Philippines<br />
Cape Verde<br />
India<br />
Malaysia<br />
Poland<br />
Chad<br />
Indonesia<br />
Mali<br />
Portugal<br />
China<br />
Ireland<br />
Malta, Republic of<br />
Qatar<br />
Congo (Republic of)<br />
Israel<br />
Mauritania<br />
Romania<br />
Croatia<br />
Italy<br />
Mauritius<br />
Russia<br />
Sao Tome e<br />
Slovenia<br />
Taiwan<br />
Uganda<br />
Principe<br />
Solomon Islands<br />
Tajikistan<br />
Ukraine<br />
Saudi Arabia<br />
South Africa<br />
Tanzania<br />
United Kingdom<br />
Senegal<br />
Spain<br />
Thailand<br />
Uzbekistan<br />
Seychelles<br />
Sri Lanka<br />
Tunisia<br />
Vietnam<br />
Sierra Leone<br />
Swaziland<br />
Turkey<br />
Yemen<br />
Singapore<br />
Sweden<br />
Turkmenistan<br />
Zimbabwe<br />
Slovakia<br />
Switzerland<br />
UAE<br />
<br />
<br />
<br />
EXHIBIT B<br />
(to Schedule 1)<br />
Instructions for Minimum Terms of Developer’s<br />
End-User License Agreement<br />
<br />
1. Acknowledgement: You and the end-user must acknowledge that the EULA is concluded between You and the end-user only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge You have had the opportunity to review).<br />
<br />
2. Scope of License: The license granted to the end-user for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.<br />
<br />
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the end-user must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.<br />
<br />
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.<br />
<br />
5. Product Claims: You and the end-user must acknowledge that You, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit Your liability to the end-user beyond what is permitted by applicable law.<br />
<br />
6. Intellectual Property Rights: You and the end-user must acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.<br />
<br />
7. Legal Compliance: The end-user must represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.<br />
<br />
8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any end-user questions, complaints or claims with respect to the Licensed Application should be directed.<br />
<br />
9. Third Party Terms of Agreement: You must state in the EULA that the end-user must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the end-user must not be in violation of their wireless data service agreement when using Your Application.<br />
<br />
10. Third Party Beneficiary: You and the end-user must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.<br />
<br />
<br />
EXHIBIT C<br />
(to Schedule 1)<br />
App Store Promo Code Terms<br />
<br />
Notwithstanding any other provisions of the Agreement or this Schedule 1, You hereby agree that the following terms shall apply to all promotional Custom Codes requested by You via the iTunes Connect tool. For the purposes of this Exhibit C, “You” shall include additional members of Your iTunes Connect team (e.g. individuals in the marketing and technical roles).<br />
<br />
Except as otherwise expressed in writing herein, nothing in this Exhibit C shall be construed to modify the Agreement or this Schedule 1 in any way, and all capitalized terms not defined below shall have the meanings set forth in the Program Agreement.<br />
<br />
1. DEFINITIONS:<br />
<br />
“Holder” means an individual located in a Territory to whom You provide one or more Custom Codes;<br />
<br />
“Custom Code” means a unique alphanumeric code generated and provided to You by Apple pursuant to this Exhibit C which allows a Holder who is an App Store customer to download or access for free from the App Store the Licensed Application for which You have requested such code via the iTunes Connect tool, whether offered for free or for a fee on the App Store (the “Promo Content”); and<br />
<br />
“Effective Period” means the period between the Custom Code Activation Date and the Custom Code Expiration Date.<br />
<br />
2. AUTHORIZATION AND OBLIGATIONS: You hereby authorize and instruct Apple to provide You with Custom Codes upon request, pursuant to the terms of this Exhibit C, and You take full responsibility for ensuring that any team member that requests such codes shall abide by the terms of this Exhibit C. You shall be responsible for securing all necessary licenses and permissions relating to use of the Custom Codes and the Licensed Application, including any uses by You of the name(s) or other indicia of the Licensed Application, or name(s) or likenesses of the person(s) performing or otherwise featured in the Licensed Application, in any advertising, marketing, or other promotional materials, in any and all media. Apple reserves the right to request and receive copies of such licenses and permissions from You, at any time, during the Effective Period.<br />
<br />
3. NO PAYMENT: Except for Your obligations set forth in Section 10 of this Exhibit C, You are not obligated to pay Apple any commission for the Custom Codes.<br />
<br />
4. DELIVERY: Upon request by You via the iTunes Connect tool, Apple shall provide the Custom Codes electronically to You via iTunes Connect, email, or other method as may be indicated by Apple.<br />
<br />
5. CUSTOM CODE ACTIVATION DATE: Custom Codes will become active for use by Holders upon delivery to You.<br />
<br />
6. CUSTOM CODE EXPIRATION DATE: All unused Custom Codes, whether or not applied to an Apple ID, expire at midnight 11:59 PT on the earlier of: (a) the date that is twenty-eight (28) days after the delivery of the Custom Codes; or (b) the termination of the Agreement.<br />
<br />
7. PERMITTED USE: You may distribute the Custom Codes until that date which is ten (10) calendar days prior to the Custom Code Expiration Date solely for the purpose of offering instances of the app for media review or promotional purposes. You may not distribute the Custom Codes to Holders in any Territory in which You are not permitted to sell or distribute Your Licensed Application.<br />
<br />
8. ADDITIONAL MATERIALS: Apple shall not be responsible for developing and producing any materials in relation to the Custom Codes other than the Custom Codes themselves.<br />
<br />
9. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION: You represent and warrant that: (i) You own or control all rights necessary to make the grant of rights, licenses, and permissions listed in Section 2, and that the exercise of such rights, licenses, and permissions shall not violate or infringe the rights of any third party, and (ii) any use of the Custom Codes shall be in accordance with the terms of this Exhibit C and shall not infringe any third party rights or violate any applicable laws, directives, rules, and regulations of any governmental authority in the Territory or anywhere else in the world. You agree to indemnify and hold Apple, its subsidiaries and affiliates (and their respective directors, officers, and employees) harmless from all losses, liabilities, damages, or expenses (including reasonable attorneys’ fees and costs) resulting from any claims, demands, actions, or other proceedings arising from a breach of the representations and warranties set for h in this Section, or a breach of any other term of the Agreement and this Schedule 1.<br />
<br />
10. PAYMENT WAIVER: You hereby waive any right to collect any royalties, proceeds, or remuneration for the distribution and download of the Licensed Application via the Custom Codes, regardless of whether any remuneration would otherwise be payable under the Agreement, including Schedule 1 thereto, if applicable. The parties acknowledge that, as between Apple and You, the parties’ respective responsibilities for the payment of any royalties or other similar payments to third parties with respect to distribution and download of the Licensed Application via the Custom Codes shall be as set forth in the Agreement.<br />
<br />
11. TERMS AND CONDITIONS: You further agree to the following terms:<br />
<br />
(a) You shall not sell the Custom Codes or accept any form of payment, trade-in-kind, or other compensation in connection with the distribution of the Custom Codes and You shall prohibit third parties from doing so.<br />
<br />
(b) Nothing in this Exhibit C shall cause the parties to become partners, joint venturers or co-owners, nor shall either party constitute an agent, employee, or representative of the other, or empower the other party to act for, bind, or otherwise create or assume any obligation on its behalf, in connection with any transaction under this Exhibit C; provided, however, that nothing in this Section 11(b) shall affect, impair, or modify either of the Parties’ respective rights and obligations, including the agency or commissionaire relationship between them under Schedules 1, 2, and 3 of the Agreement.<br />
<br />
(c) You shall prominently disclose any content age restrictions or warnings legally required in the Territories and ensure that Custom Codes are distributed only to persons of an age appropriate and consistent with the App Store rating for the associated Licensed Application.<br />
<br />
(d) You shall conduct Yourself in an honest and ethical manner and shall not make any statement, orally or in writing, or do any act or engage in any activity that is obscene, unlawful, or encourages unlawful or dangerous conduct, or that may disparage, denigrate, or be detrimental to Apple or its business.<br />
<br />
(e) Apple shall not be responsible for providing any technical or customer support to You or Holders above what Apple provides to standard or ordinary App Store users.<br />
<br />
(f) You agree to the additional Custom Code Terms and Conditions attached hereto as Attachment 1.<br />
<br />
(g) YOU SHALL INCLUDE THE COUNTRY SPECIFIC CODE USER TERMS AS WELL AS THE EXPIRATION DATE OF THE CUSTOM CODE ON ANY INSTRUMENT USED TO DISTRIBUTE THE CUSTOM CODE TO HOLDERS (E.G. CERTIFICATE, CARD, EMAIL, ETC). YOU SHALL RECEIVE AN EMAIL WITH THIS INFORMATION LOCALIZED FOR EACH TERRITORY UPON REQUESTING THE CUSTOM CODES IN THE ITUNES CONNECT TOOL.<br />
<br />
Code expires on [date] and is redeemable only on the App Store for [territory]. Requires an iTunes account, subject to prior acceptance of license and usage terms. Compatible software and hardware, and internet access (fees may apply) required. Not for resale. Full terms apply; see [www.apple.com/legal/internet-services/us/terms.html]. For more information, see www.apple.com/support/ In-app purchases sold separately. This app is provided to You by [Developer’s name].<br />
<br />
(h) You shall be solely responsible for Your use of the Custom Codes, including any use by other members of Your iTunes Connect team, and for any loss or liability to You or Apple therefrom.<br />
<br />
(i) In the event Your Licensed Application is removed from the App Store for any reason, You agree to cease distribution of the Custom Codes and that Apple may deactivate such Custom Codes.<br />
<br />
(j) You agree that Apple shall have the right to deactivate the Custom Codes, even if already delivered to Holders, in the event You violate any of the terms of this Exhibit C, the Agreement, or Schedules 1, 2, or 3 thereto.<br />
<br />
(k) You may distribute the Custom Codes within the Territories, but agree that You shall not export any Custom Code for use outside the Territories nor represent that You have the right or ability to do so. Risk of loss and transfer of title for the Custom Codes pass to You upon delivery to You within iTunes Connect, via email, or other method provided by Apple.<br />
<br />
12. APPLE TRADEMARKS: Your use of Apple trademarks in connection with the Custom Codes is limited only to “iTunes” and “App Store” (the “Marks”) subject to the following and any additional guidelines Apple may issue from time to time:<br />
<br />
(a) You may use the Marks only during the Effective Period<br />
<br />
(b) You shall submit any advertising, marketing, promotional or other materials, in any and all media now known or hereinafter invented, incorporating the Marks to Apple prior to use for written approval. Any such materials not expressly approved in writing by Apple shall be deemed disapproved by Apple.<br />
<br />
(c) You may only use the Marks in a referential manner and may not use the Marks as the most prominent visual element in any materials. Your company name, trademark(s), or service mark(s) should be significantly larger than any reverence to the Marks.<br />
<br />
(d) You may not directly or indirectly suggest Apple’s sponsorship, affiliation, or endorsement of You, Your Licensed Applications, or any promotional activities for which You are requesting the Custom Codes.<br />
<br />
(e) You acknowledge that the Marks are the exclusive property of Apple and agree not to claim any right, title, or interest in or to the Marks or at any time challenge or attack Apple’s rights in the Marks. Any goodwill resulting from Your use of the Marks shall inure solely to the benefit of Apple and shall not create any right, title, or interest for You in the Marks.<br />
<br />
13. GOVERNING LAW: Any litigation or other dispute resolution between You and Apple arising out of or relating to this Exhibit C or facts relating thereto shall be governed by Section 14.10 of the Agreement.<br />
<br />
<br />
Attachment 1<br />
(to Exhibit C of Schedule 1)<br />
Custom Code Terms and Conditions<br />
<br />
1. All Custom Codes delivered pursuant to this Exhibit C, whether or not applied to an App Store account, expire as indicated in Exhibit C.<br />
<br />
2. Custom Codes, and unused balances, are not redeemable for cash and cannot be returned for a cash refund, exchanged, or used to purchase any other merchandise, or provide allowances or iTunes Gifts by either You or Holder. This includes Custom Codes that have expired unused.<br />
<br />
3. Custom Codes may only be redeemed through the App Store in the Territory, open only to persons in the Territory with a valid Apple ID. Not all App Store products may be available in all Territories. Internet access (fees may apply), the latest version of iTunes software, and other compatible software and hardware are required.<br />
<br />
4. Access to, redemption of Custom Codes on, or purchases from, and use of products purchased on, the App Store, are subject to acceptance of its Terms of Service presented at the time of redemption or purchase, and found at http://www.apple.com/legal/itunes/ww/.<br />
<br />
5. Latest version of iTunes software required to access the App Store, and can be downloaded at no charge at www.apple.com/itunes/download/. Use of iTunes software is subject to acceptance of its software license agreement presented at the time of installation. The minimum system requirements for running the software are available at www.apple.com/itunes/download/.<br />
<br />
6. Custom Codes will be placed in the Holder’s applicable iTunes account and are not transferable.<br />
<br />
7. If a Holder’s order exceeds the amount available on the Custom Codes, Holder must establish an iTunes Store Purchaser account and pay for the balance with a credit card.<br />
<br />
8. Except as stated otherwise, data collection and use are subject to Apple’s Privacy Policy, which can be found at http://www.apple.com/legal/privacy.<br />
<br />
9. Apple is not responsible for lost or stolen Custom Codes. If Holders have any questions, they may visit Apple’s iTunes Store Purchaser Service at www.apple.com/support/itunes/.<br />
<br />
10. Apple reserves the right to close Holder accounts and request alternative forms of payment if Custom Codes are fraudulently obtained or used on the App Store.<br />
<br />
11. APPLE AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CUSTOM CODES OR THE APP STORE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A CUSTOM CODE IS NON-FUNCTIONAL, HOLDER’S OR COMPANY’S SOLE REMEDY, AND APPLE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CUSTOM CODE. THESE LIMITATIONS MAY NOT APPLY. CERTAIN LOCAL AND TERRITORY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU OR HOLDER MAY ALSO HAVE ADDITIONAL RIGHTS.<br />
<br />
12. Apple reserves the right to change any of the terms and conditions set forth in this Attachment 1 from time to time without notice.<br />
<br />
13. Any part of these terms and conditions may be void where prohibited or restricted by law.<br />
<br />
EA1335<br />
9/9/15</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2474
My Legal Life
2015-11-01T21:41:50Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]<br />
* [[Apple Developer Program License Agreement]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Apple_Developer_Agreement&diff=2473
Apple Developer Agreement
2015-11-01T21:40:40Z
<p>Brianegge: Created page with "THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS AN APPLE DEVELOPER. PLEASE READ THIS APPLE DEVELOPER AGREEM..."</p>
<hr />
<div>THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE INC. ("APPLE") STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS AN APPLE DEVELOPER. PLEASE READ THIS APPLE DEVELOPER AGREEMENT (“AGREEMENT”) BEFORE PRESSING THE "AGREE" BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PRESS "CANCEL".<br />
<br />
Apple Developer Agreement<br />
<br />
1. Relationship With Apple; Apple ID and Password. You understand and agree that by registering with Apple to become an Apple Developer (“Apple Developer”), no legal partnership or agency relationship is created between you and Apple. You agree not to represent otherwise. You also certify that you are at least thirteen years of age and you represent that you are legally permitted to register as an Apple Developer. This Agreement is void where prohibited by law and the right to register as an Apple Developer is not granted in such jurisdictions. Unless otherwise agreed or permitted by Apple in writing, you cannot share or transfer any benefits you receive from Apple in connection with being an Apple Developer. The Apple ID and password you use to log into your Apple Developer account cannot be shared in any way or with anyone. You are responsible for maintaining the confidentiality of your Apple ID and password and for any activity in connection with your account.<br />
<br />
2. Developer Benefits. As an Apple Developer, you may have the opportunity to attend certain Apple developer conferences, technical talks, and other events (including online or electronic broadcasts of such events) (“Apple Events”). In addition, Apple may offer to provide you with certain services (“Services”), as described more fully herein and on the Apple Developer web pages (“Site”), solely for your own use in connection with your participation as an Apple Developer. Services may include, but not be limited to, any services Apple offers at Apple Events or on the Site as well as the offering of any content or materials displayed on the Site (“Content”). Apple may change, suspend or discontinue providing the Services, Site and Content to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of such materials without notice or liability.<br />
<br />
3. Restrictions. You agree not to exploit the Site, or any Services, Apple Events or Content provided to you by Apple as an Apple Developer, in any unauthorized way, including but not limited to, by trespass, burdening network capacity or using the Services, Site or Content other than for authorized purposes. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with Apple, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services, Site, or Content (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by any licensing terms accompanying the foregoing). Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. Apple retains ownership of all its rights in the Site, Content, Apple Events and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Apple intellectual property.<br />
<br />
4. Confidentiality. Except as otherwise set forth herein, you agree that any Apple pre-release software, services, and/or hardware (including related documentation and materials) provided to you as an Apple Developer (“Pre-Release Materials”) and any information disclosed by Apple to you in connection with Apple Events will be considered and referred to as “Apple Confidential Information”. <br />
<br />
Notwithstanding the foregoing, Apple Confidential Information will not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by Apple; (c) information that is independently developed by you without the use of any Apple Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third party software and/or documentation provided to you by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation. Further, Apple agrees that you will not be bound by the foregoing confidentiality terms with regard to technical information about Apple pre-release software, services and/or hardware disclosed by Apple at WWDC (Apple’s Worldwide Developers Conference), except that you may not post screen shots of, write public reviews of, or redistribute any such materials.<br />
<br />
5. Nondisclosure and Nonuse of Apple Confidential Information. Unless otherwise expressly agreed or permitted in writing by Apple, you agree not to disclose, publish, or disseminate any Apple Confidential Information to anyone other than to other Apple Developers who are employees and contractors working for the same entity as you and then only to the extent that Apple does not otherwise prohibit such disclosure. Except for your authorized purposes as an Apple Developer or as otherwise expressly agreed or permitted by Apple in writing, you agree not to use Apple Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of Apple in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Apple Confidential Information. You acknowledge that unauthorized disclosure or use of Apple Confidential Information could cause irreparable harm and significant injury to Apple that may be difficult to ascertain. Accordingly, you agree that Apple will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies it may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose Apple Confidential Information, you may make such disclosure, but only if you have notified Apple before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as Apple Confidential Information.<br />
<br />
6. Confidential Pre-Release Materials License and Restrictions. If Apple provides you with Pre-Release Materials, then subject to your compliance with the terms and conditions of this Agreement, Apple hereby grants you a nonexclusive, nontransferable, right and license to use the Pre-Release Materials only for the limited purposes set forth in this Section 6; provided however that if such Pre-Release Materials are subject to a separate license agreement, you agree that the license agreement accompanying such materials in addition to Sections 4 and 5 of this Agreement shall also govern your use of the Pre-Release Materials. You further agree that in the event of any inconsistency between Section 4 and 5 of this Agreement and the confidentiality restrictions in the license agreement, the license agreement shall govern. You agree not to use the Pre-Release Materials for any purpose other than testing and/or development by you of a product designed to operate in combination with the same operating system for which the Pre-Release Materials are designed. This Agreement does not grant you any right or license to incorporate or make use of any Apple intellectual property (including for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Apple intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-Release Materials to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Pre-Release Materials in whole or in part.<br />
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7. Developer Content License and Restrictions. As an Apple Developer, you may have access to certain proprietary content (including, without limitation, video presentations and audio recordings) that Apple may make available to you from time to time (“Content”). Content shall be considered Apple Confidential Information, unless otherwise agreed or permitted in writing by Apple. You may not share the Content with anyone, including, without limitation, employees and contractors working for the same entity as you, regardless of whether they are Apple Developers, unless otherwise expressly permitted by Apple. Subject to these terms and conditions, Apple grants you a personal and nontransferable license to access and use the Content for authorized purposes as an Apple Developer; provided that you may only download one (1) copy of the Content and such download must be completed within the time period specified by Apple for such download. Except as expressly permitted by Apple, you shall not modify, translate, reproduce, distribute, or create derivative works of the Content or any part thereof. You shall not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Content. Apple and/or Apple’s licensor(s) retain ownership of the Content itself and any copies or portions thereof. The Content is licensed, not sold, to you by Apple for use only under this Agreement, and Apple reserves all rights not expressly granted to you. Your rights under this license to use and access the Content will terminate automatically without notice from Apple if you fail to comply with any of these provisions. <br />
<br />
8. Compatibility Labs; Developer Technical Support (DTS). As an Apple Developer, you may have access to Apple’s software and/or hardware compatibility testing and development labs (“Labs”) and/or developer technical support incidents (“DTS Services”) that Apple may make available to you from time to time as an Apple developer benefit or for a separate fee. You agree that all use of such Labs and DTS Services will be in accordance with Apple’s usage policies for such services, which are subject to change from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on the Site and/or send an email to you with notices of such changes. It is your responsibility to review the Site and/or check your email address registered with Apple for any such notices. You agree that Apple shall not be liable to you or any third party for any modification or cessation of such services. As part of the DTS Services, Apple may supply you with certain code snippets, sample code, software, and other materials (“Materials”). You agree that any Materials that Apple provides as part of the DTS Services are licensed to you and shall be used by you only in accordance with the terms and conditions accompanying the Materials. Apple retains ownership of all of its right, title and interest in such Materials and no other rights or licenses are granted or to be implied under any Apple intellectual property. You have no right to copy, decompile, reverse engineer, sublicense or otherwise distribute such Materials, except as may be expressly provided in the terms and conditions accompanying the Materials. YOU AGREE THAT WHEN REQUESTING AND RECEIVING TECHNICAL SUPPORT FROM DTS SERVICES, YOU WILL NOT PROVIDE APPLE WITH ANY INFORMATION, INCLUDING THAT INCORPORATED IN YOUR SOFTWARE, THAT IS CONFIDENTIAL TO YOU OR ANY THIRD PARTY. YOU AGREE THAT ANY NOTICE, LEGEND, OR LABEL TO THE CONTRARY CONTAINED IN ANY SUCH MATERIALS PROVIDED BY YOU TO APPLE SHALL BE WITHOUT EFFECT. APPLE SHALL BE FREE TO USE ALL SUCH INFORMATION IT RECEIVES FROM YOU IN ANY MANNER IT DEEMS APPROPRIATE, SUBJECT TO ANY APPLICABLE PATENTS OR COPYRIGHTS. Apple reserves the right to reject a request for access to Labs or for DTS Services at any time and for any reason, in which event Apple may credit you for the rejected lab or support request. You shall be solely responsible for any restoration of lost or altered files, data, programs or other materials provided.<br />
<br />
9. Amendment; Communication. Apple reserves the right, at its discretion, to modify this Agreement, including any rules and policies at any time. You will be responsible for reviewing and becoming familiar with any such modifications (including new terms, updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions)(“Additional Terms”) communicated to you by Apple. All Additional Terms are hereby incorporated into this Agreement by this reference and your continued use of the Site will indicate your acceptance of any Additional Terms. In addition, Apple may be sending communications to you from time to time. Such communications may be in the form of phone calls and/or emails and may include, but not be limited to, membership information, marketing materials, technical information, and updates and/or changes regarding your participation as an Apple Developer. By agreeing to this Agreement, you consent that Apple may provide you with such communications.<br />
<br />
10. Term and Termination. Apple may terminate or suspend you as a registered Apple Developer at any time in Apple’s sole discretion. If Apple terminates you as a registered Apple Developer, Apple reserves the right to deny your reapplication at any time in Apple’s sole discretion. You may terminate your participation as a registered Apple Developer at any time, for any reason, by notifying Apple in writing of your intent to do so. Upon any termination or, at Apple’s discretion, suspension, all rights and licenses granted to you by Apple will cease, including your right to access the Site, and you agree to destroy any and all Apple Confidential Information that is in your possession or control. At Apple’s request, you agree to provide certification of such destruction to Apple. No refund or partial refund of any fees paid hereunder or any other fees will be made for any reason. Following termination of this Agreement, Sections 1, 3-5, 7 (but only for so long as the duration specified by Apple for such usage), 10-19 shall continue to bind the parties.<br />
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11. Apple Independent Development. Nothing in this Agreement will impair Apple’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with, any other products, software or technologies that you may develop, produce, market, or distribute. In the absence of a separate written agreement to the contrary, Apple will be free to use any information, suggestions or recommendations you provide to Apple pursuant to this Agreement for any purpose, subject to any applicable patents or copyrights.<br />
<br />
12. Use Of Apple Trademarks, Logos, etc. You agree to follow Apple’s trademark and copyright guidelines as published at: www.apple.com/legal/guidelinesfor3rdparties.html (“Guidelines”) and as may be modified from time to time. You agree not to use the marks “Apple,” the Apple Logo, “Mac”, “iPhone,” “iPod touch” or any other marks belonging or licensed to Apple in any way except as expressly authorized in writing by Apple in each instance or as permitted in Apple’s Guidelines. You agree that all goodwill arising out of your authorized use of Apple’s marks shall inure to the benefit of and belong to Apple.<br />
<br />
13. No Warranty. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, “APPLE” FOR PURPOSES OF THIS SECTION 13 AND 14) DO NOT PROMISE THAT THE SITE, CONTENT, SERVICES (INCLUDING, FUNCTIONALITY OR FEATURES OF THE FOREGOING), LABS, DTS SERVICES, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE HEREUNDER AS AN APPLE DEVELOPER (COLLECTIVELY, THE “SERVICE” FOR PURPOSES OF THIS SECTION 13 AND 14) WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. APPLE CANNOT ENSURE THAT ANY CONTENT (INCLUDING FILES, INFORMATION OR OTHER DATA) YOU ACCESS OR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. FURTHER, APPLE DOES NOT GUARANTEE ANY RESULTS OR IDENTIFICATION OR CORRECTION OF PROBLEMS AS PART OF THE SERVICE AND APPLE DISCLAIMS ANY LIABILITY RELATED THERETO. APPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST APPLE FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. TO THE EXTENT THAT APPLE MAKES ANY PRE-RELEASE SOFTWARE, HARDWARE OR OTHER PRODUCTS, SERVICES OR INFORMATION RELATED THERETO AVAILABLE TO YOU AS AN APPLE DEVELOPER, YOU UNDERSTAND THAT APPLE IS UNDER NO OBLIGATION TO PROVIDE UPDATES, ENHANCEMENTS, OR CORRECTIONS, OR TO NOTIFY YOU OF ANY PRODUCT OR SERVICES CHANGES THAT APPLE MAY MAKE, OR TO PUBLICLY ANNOUNCE OR INTRODUCE THE PRODUCT(S) OR SERVICE AT ANY TIME IN THE FUTURE. <br />
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14. Disclaimer of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY, FOR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, FOR BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).<br />
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15. Third-Party Notices and Products. Third-party software provided by Apple to you as an Apple Developer may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular third-party software. Mention of third-parties and third-party products in any materials, documentation, advertising, or promotions provided to you as an Apple Developer is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and Apple shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.<br />
<br />
16. Export Control. You may not use or otherwise export or re-export any Apple Confidential Information received from Apple except as authorized by United States law and the laws of the jurisdiction in which the Apple Confidential Information was obtained. In particular, but without limitation, the Apple Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List or any other restricted party lists. By becoming an Apple Developer or using any Apple Confidential Information, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any Apple Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.<br />
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17. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.<br />
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18. Government End Users. Certain Apple Confidential Information may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.<br />
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19. Miscellaneous. No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Apple, and no single waiver will constitute a continuing or subsequent waiver. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of Apple. Any non-conforming assignment shall be null and void. If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter. No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing and signed by an authorized representative of Apple. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. <br />
<br />
EA1283<br />
6/8/15</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2472
My Legal Life
2015-11-01T21:40:32Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]<br />
<br />
November 1, 2015<br />
* [[Apple Developer Agreement]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=E-ZPass_NY&diff=2471
E-ZPass NY
2015-10-19T17:47:32Z
<p>Brianegge: Created page with "Terms and Conditions – Individual Accounts These terms and conditions, together with your E-ZPass application ("Application"), constitute your E-ZPass Agreement ("Agreement"..."</p>
<hr />
<div>Terms and Conditions – Individual Accounts<br />
These terms and conditions, together with your E-ZPass application ("Application"), constitute your E-ZPass Agreement ("Agreement"). E-ZPass is an electronic toll collection system that allows you to pay charges incurred at E-ZPass facilities. New York E-ZPass is operated under the auspices of the Triborough Bridge and Tunnel Authority ("TBTA")(also known as MTA Bridges and Tunnels), the New York State Thruway Authority ("NYSTA"), and the Port Authority of New York and New Jersey ("PANYNJ"). Your E-ZPass Account ("Account") will be operable on all E-ZPass facilities, regardless of location. Your Account will be assigned to one of the abovementioned New York entities and your Agreement is with that particular entity. Identification of the New York entity to which your Account has been assigned and with which you have your Agreement appears on your E-ZPass tag(s) ("Tag"). Please read these terms and conditions and keep them for your records. When you open your Account or use your E-ZPass Tag, you agree to the following terms and conditions:<br />
<br />
General<br />
Failure to comply with this Agreement may result in termination of your Account.<br />
You may not assign the obligations or benefits of this Agreement.<br />
Failure to pay charges to your Account may result in penalties as provided by law.<br />
You must approach and pass through E-ZPass toll lanes at the posted speed limit. Failure to obey the posted speed limit may result in suspension or revocation of your Account, and/or other penalties as provided by law.<br />
You must comply with all applicable traffic laws, regulations, signs and signals, and the directions of toll collectors and law enforcement officers.<br />
<br />
Tag Use<br />
Cash or check customers must pay a deposit of $10 for each Tag. The deposit will be refunded when you close your Account and return the Tag in good condition as determined solely by E-ZPass. The Tag deposit is waived for customers authorizing Account replenishment via automatic charge to a credit card, or automatic withdrawal from a checking account.<br />
You may only use the Tag on a vehicle class that corresponds to the class of Tag provided to you by E-ZPass.<br />
In accordance with Section 5 herein, you must surrender a Tag immediately upon request.<br />
When you use the Tag at any E-ZPass facility, you authorize E-ZPass to debit your Account for the charges incurred.<br />
If you use the Tag on E-ZPass facilities other than New York E-ZPass facilities, you are subject to the laws and regulations governing use at such facilities.<br />
You must maintain a sufficient balance in your pre-payment Account, and may not use the Tag or permit Tag use unless a sufficient balance is maintained.<br />
You must properly install your Tag in or on your vehicle pursuant to the mounting instructions provided with your Tag(s). Failure to do so may result in your Tag not being read in the lane, the gate not being raised at some facilities, and may result in a violation for which you may be assessed administrative fees or other penalties as provided by law. Failure to properly mount your Tag may also result in images being taken of your license plate to identify the registered owner and the addition of your license plate to your Account based on motor vehicle registration records. These images may be used to post toll charges at the cash rate and/or additional administrative fees to your Account.<br />
<br />
Your Account<br />
You must maintain a prepaid amount in your pre-payment Account to cover applicable charges to your Account.<br />
Applicable charges, if any, will be deducted from your Account each time the Tag is used.<br />
E-ZPass may deduct from your Account applicable administrative fees incurred pursuant to this Agreement.<br />
Your Account may be suspended based upon speed infractions, outstanding violations and/or for failure to pay administrative fees.<br />
No interest will be paid on balances in your Account or on refundable Tag deposits.<br />
You will receive a periodic statement unless there are no transactions and no financial activity in your Account during the applicable period covered by such statement. It is your obligation to review such statements and follow the procedure in Section 6 if you wish to dispute any charges.<br />
You will be charged a fee for any request to retrieve a statement previously provided.<br />
You may, no more than four times per year, suspend the following monthly use plans for a minimum of one week and extend the monthly period for calculating the minimum commuter trip charge by calling 1-800-333-TOLL (1-800-333-8655): Tappan Zee Bridge Commuter (TZC), Tappan Zee Bridge Carpool Commuter (TZPL), Grand Island Commuter (GIC), New Rochelle Commuter (NRC), Yonkers Commuter (YKC), Harriman Commuter (HAC), and Bridge Authority Discount (NYSBA). The first Tag use at the applicable bridge after the minimum one-week period will reactivate the monthly use plan.<br />
E-ZPass, in its discretion, may receive updated information about your credit card, including new account numbers and expiration dates, from the financial institution issuing the card.<br />
E-ZPass, in its discretion, may receive updated information about your address from the United States Postal Service.<br />
<br />
Account Pre-Payment<br />
You must pay a minimum prepaid amount sufficient to pay charges to your Account for a one-month period.<br />
Your Account must be replenished by your prepaid amount when your Account balance decreases to or below the replenishment point specific to your Account plan. The date on which your Account will be replenished will vary based upon Account activity. You may choose to replenish your Account in one of the following ways:<br />
Authorizing E-ZPass to automatically charge your credit card or automatically withdraw funds from your checking account for all charges to your Account.<br />
For customers using checking account for auto replenishment:<br />
You agree and are aware that you are pre-authorizing E-ZPass to withdraw funds from your bank account each time your Account balance decreases to or below the replenishment point specific to your Account.<br />
You agree and are aware that the amount of the Automatic Clearing House (ACH) withdrawals from your checking account to cover your tolls and fees may vary between $0.01 and $3000.00, depending upon your E-ZPass account activity.<br />
Checks (or Money Orders) made payable to E-ZPass in U.S. dollars only. A returned check fee of $25 will be charged for each check returned to E-ZPass unpaid by your bank.<br />
Cash payments made at an E-ZPass Customer Service Center only in U.S. dollars, or in Canadian dollars at the exchange rate E-ZPass may determine.<br />
DO NOT SEND CASH BY MAIL.<br />
An Account analysis is performed on all new Accounts 35 days from the first Tag use and every 90 days thereafter. If your monthly use is consistently above or below your prepaid amount, E-ZPass will adjust your prepaid amount to approximate a one-month level of use.<br />
If you have chosen to replenish your Account with a credit card, you may be enrolled in the E-ZPass Plus program. This Program allows you to use your Tag at authorized E-ZPass Plus facilities. If your Tag is used to incur E-ZPass Plus charges, then E-ZPass may charge your credit card that amount. Such credit card charges may be different from your replenishment amount and charged to your credit card at any time. By participating in E-ZPass Plus, you consent to the release of your name and address to E-ZPass Plus facility operators for collection purposes. If you choose not to participate in E-ZPassPlus, you must notify the E-ZPass Customer Service Center.<br />
Depending on usage or other charges to your Account, there may be more than one replenishment transaction within one statement period.<br />
<br />
Violations<br />
If you use the Tag when your Account is in a negative balance, suspended or revoked as a result of E-ZPass speed violations or any other reason, or after the Tag has been reported lost or stolen, you may: incur administrative fees of up to $50 per occurrence; be charged the full, undiscounted charge; and/or be asked to surrender the Tag to E-ZPass via certified mail or to plaza personnel<br />
If you use the Tag in a vehicle other than one of the class for which the Tag is designated, you may incur administrative fees of up to $50 per occurrence and/or be asked to surrender the Tag to E-ZPass via certified mail or to plaza personnel. Such continued misuse may result in revocation of your Account.<br />
<br />
Disputes<br />
You hereby authorize E-ZPass to decide in the first instance every question or dispute arising from, under, in connection with or related to this Agreement, including, without limitation, the imposition of tolls, fees, or other charges incurred, applied or stated for the use or misuse of your Tag or Account. All disputes must be submitted in writing to the E-ZPass Customer Service Center within 180 days of notice that a toll, fee, or other charge has been made to your Account. You agree that the mailing or emailing to the address you have provided to E-ZPass or as updated by the United States Postal Service constitutes notice to you of the tolls, fees and charges contained therein and of any determination by E-ZPass of your submitted dispute. The resolution of claims against PANYNJ, NYSTA and TBTA arising from, under, in connection with or in any way related to this Agreement including, without limitation, the imposition of tolls, fees, or other charges incurred, applied or stated for the use or misuse of your Tag or Account, are governed as follows:<br />
PANYNJ – the provisions of New York State Unconsolidated Laws, Sections 7101 through 7136 or New Jersey Statutes Annotated, Sections 32:1-157 through 32:1-176.<br />
NYSTA – the provisions of Section 361-b of the New York State Public Authorities Law.<br />
TBTA – no action shall lie or be maintained unless such action shall be commenced within one year of notice of E-ZPass’ determination regarding your dispute submitted pursuant to this Agreement.<br />
<br />
Lost/Stolen or Non-Operational Tags<br />
You will not be liable for unauthorized Tag use that occurs after you notify E-ZPass, orally or in writing, of loss, theft or possible unauthorized use. However, if a Tag is reported lost, stolen, or found to be defaced or damaged, you will be charged $16.00 for interior Tags and $22.00 for exterior Tags. If the Tag is non-operational for reasons other than abuse or improper use, and the Tag is returned to an E-ZPass Customer Service Center, E-ZPass will replace it at no charge. <br />
<br />
Disclaimer<br />
You acknowledge that E-ZPass and all entities providing E-ZPass services have not made, and expressly disclaim any representation or warranty, express or implied relating to the Tag including, without limitation, any implied or express warranty of merchantability, fitness for a particular purpose or conformity to models or samples. You agree that E-ZPass and all entities providing E-ZPass services will have no obligation or liability whatsoever to you with respect to your use of or the performance of the Tag. You agree to indemnify and hold harmless E-ZPass and all entities providing E-ZPass services from and against all damage, loss, cost, expense or liability relating to, arising from, or as a result of, the use or performance of the Tag. <br />
<br />
Termination<br />
You may terminate this Agreement at any time by requesting such termination in writing and returning the Tag(s) to E-ZPass. Tags should be returned to an E-ZPass Customer Service Center in person or by certified mail. Tags remain the property of the entities providing E-ZPass services. Once all outstanding charges have been deducted from your Account following your termination of this Agreement and return of the Tag(s), any remaining balance and Tag(s) deposit will be refunded to you. Such refund will be made in the form of a check or credit to your credit card, depending on the manner in which you have chosen to replenish you Account balance. <br />
<br />
Collection of Expenses<br />
You agree to pay all costs, including attorneys’ fees, incurred by E-ZPass and all entities providing E-ZPass services to collect any monies due under the terms of this Agreement. <br />
<br />
Modifications<br />
The New York entity to which your Account is assigned may change the terms of this Agreement at any time by advance written notice. Such modified terms shall take effect on the date specified therein. The invalidity of any term or terms of this Agreement shall not affect any other term of this Agreement, which shall remain in full force and effect. <br />
<br />
Governing Law<br />
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. <br />
<br />
Changes<br />
You agree to inform E-ZPass of any changes to the information provided to E-ZPass, including, but not limited to:<br />
Address,<br />
Vehicle information,<br />
Credit card account information (i.e., number, expiration date),<br />
Checking account information,<br />
Payment method,<br />
Email address,<br />
Phone numbers.<br />
<br />
Non-Disclosure<br />
E-ZPass respects the privacy of all Account holders. Account information will not be disclosed to third parties without your consent except as required or permitted by law and the policies of E-ZPass and the entities providing E-ZPass services. <br />
<br />
Payments, Tags and Correspondence<br />
Please send all correspondence, payments, Tag returns, or violation inquiries to:<br />
E-ZPass Customer Service Center<br />
Applications and Returned Tags:<br />
PO Box 149001<br />
Staten Island, NY 10314-9001<br />
Violation Payments and Inquiries:<br />
PO Box 15186<br />
Albany, NY 12212-5186<br />
Account Replenishment Payments:<br />
PO Box 15185<br />
Albany, NY 12212-5185<br />
Customer Account Correspondence:<br />
PO Box 15187<br />
Albany, NY 12212-5187<br />
<br />
Schedule of Deposits/Administrative Fees<br />
Per tag deposit (customers who choose to replenish by cash and check) $10.00<br />
Per tag deposit (customers who choose automatic replenishment by credit card or checking account) waived<br />
Cost of Tag if defaced, damaged, lost or stolen: Interior $16.00<br />
Exterior $22.00<br />
Bank declined ACH payment transaction <br />
Up to<br />
<br />
$25.00<br />
Returned check fee $25.00<br />
Monthly statement by mail, annual fee $6.00<br />
Duplicate copy of Statement $2.00<br />
PANYNJ monthly Account service fee $1.00<br />
Account revocation fee $25.00<br />
Tag retention fee <br />
<br />
<br />
$25.00<br />
Other Tag misuse/violation administrative fees <br />
Up to<br />
<br />
$50.00<br />
E-ZPass and the entities providing E-ZPass services reserve the right to assess additional fees.<br />
<br />
<br />
Additional Terms and Conditions for Customers electing to enroll in the Pay Per Trip E-ZPass Plan<br />
By opening a Pay Per Trip E-ZPass account you must provide your routing and checking account numbers (back up credit card is optional).<br />
You agree and are aware that you are pre authorizing E-ZPass to withdraw funds from your bank account on each day when you incur toll charges and account fees.<br />
You agree and are aware that the amount of the Automatic Clearing House (ACH) withdrawals from your checking account to cover your tolls and fees may vary between $0.01 and $300.00.<br />
You agree and are aware that the ACH withdrawals from your checking account may be on or around the day of your toll transactions for the total of all your toll transactions and fees.<br />
Weekend and holiday toll transactions and charges may be collected from the ACH account on the following business day.<br />
You agree to maintain sufficient funds in your bank account to cover all E-ZPass charges and may not permit Tag use unless a sufficient balance is maintained in your bank account or payment will be made by means of the valid back-up credit card you have provided.<br />
In the event your bank rejects any E-ZPass ACH transaction and a valid payment back-up credit card has been provided, you agree that your Account will be converted to a pre-payment credit card replenishment Account and then subject to the pre-payment terms and conditions as stated.<br />
In the event your bank rejects any E-ZPass ACH transaction and a back-up credit card has not been provided, you agree that your Account will be converted to a cash pre-payment Account. You must not use your E-ZPass tag(s) until you have funded this cash Account.<br />
If you use the Tag when your bank account has insufficient funds and payment is not made by means of your back-up credit card, you may incur administrative fees of up to $50 per occurrence; be charged the full, undiscounted charge; and/or be asked to surrender the Tag to E-ZPass via certified mail or to plaza personnel.<br />
You agree to inform E-ZPass of any changes to your bank account information and, if applicable, credit card information provided to E-ZPass.<br />
A $10 per tag deposit is required if you do not provide a back-up credit card on your Account.<br />
If any of the terms and conditions in Section 17 conflict with the provisions in Sections 1 through 16, then the provisions in section 17 shall apply to customers who elect to enroll in the Pay Per Trip E-ZPass Plan.<br />
Effective November 2012</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2470
My Legal Life
2015-10-19T17:47:15Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]<br />
<br />
October 19, 2015<br />
* [[E-ZPass NY]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Google_Payments&diff=2469
Google Payments
2015-10-12T01:44:52Z
<p>Brianegge: Created page with "Google Payments Terms of Service – Buyer (US) September 10, 2015 These Terms of Service are a legal agreement, between you and Google Payment Corp. ("GPC" or "we"), a wholly..."</p>
<hr />
<div>Google Payments Terms of Service – Buyer (US)<br />
September 10, 2015<br />
These Terms of Service are a legal agreement, between you and Google Payment Corp. ("GPC" or "we"), a wholly owned subsidiary of Google Inc., that govern your access to and use of the Services (as defined below). Please review these Terms of Service before you decide whether to accept them and continue with the registration process. These Terms of Service are divided into the following parts:<br />
<br />
A. Definitions<br />
<br />
B. Google Payments Terms<br />
<br />
C. Android Pay & Buy with Google Terms<br />
<br />
D. Google Play Gift Card Terms<br />
<br />
E. Google Wallet Terms & Fees<br />
<br />
F. General Terms<br />
<br />
By agreeing to these Terms of Service, you represent the following:<br />
<br />
You are between 13 and 17 years of age and creating a Google Payments Account for the sole and limited purpose of redeeming Google Play Gift Card value for select items that are eligible for purchase by you on Google Play, subject to applicable laws and Google's discretion;<br />
or<br />
<br />
You are 18 years of age or older; and<br />
Capable of entering into a legally binding agreement.<br />
If you are a business entity, you also represent that you are:<br />
<br />
Duly authorized to do business in the country or countries where you operate; and<br />
Your employees, officers, representatives, and other agents accessing the Services are duly authorized to access the Services and to legally bind you to these Terms of Service and all transactions conducted under your username and password.<br />
By agreeing to these Terms of Service, you authorize GPC to charge your Payment Instrument and/or debit your Google Wallet Balance, as applicable, when you incur transactions or fees using any of the services offered hereunder.<br />
<br />
A. Definitions<br />
1. Definitions Appearing in These Terms of Service<br />
"Android Pay" The Service that enables you (i) to make purchases at locations where contactless payments using your mobile device, along with a credit/debit card or an Android Pay Virtual Card, are accepted, and (ii) to make purchases on merchant mobile applications accepting Android Pay.<br />
<br />
"Android Pay Virtual Card" The MasterCard-branded prepaid debit virtual payment card product issued by Bancorp and transmitted wirelessly via near field communication ("NFC") from a mobile device as part of certain Android Pay transactions.<br />
<br />
"Android Pay Virtual Card Terms of Use" The terms and conditions between you and Bancorp that are applicable to use of the Android Pay Virtual Card.<br />
<br />
"Applicable Law" Any and all federal, state and local laws, rules and regulations applicable to the Services.<br />
<br />
"Bancorp" The Bancorp Bank.<br />
<br />
"Buy with Google" The Service that enables you to make purchases using a Google Wallet Online Card on participating online merchant websites and mobile applications displaying a "Buy with Google" or "Google Wallet" button.<br />
<br />
"Buyer" A Customer using a Service to purchase goods and/or services from a Seller.<br />
<br />
"Cards Saved to Android Pay" Non-payment-card items stored in your Google Payments Account consisting of Offers, Loyalty Programs, gift cards redeemable at a specific merchant store or group of stores (i.e., closed loop gift cards), and more which are added by you or which are pushed by a merchant or third party into your Google Account and displayed on your supported mobile device.<br />
<br />
"Carrier" A mobile telephone operator approved by GPC that offers a Carrier Billing Account.<br />
<br />
"Carrier Billing Account" The monthly or other periodic billing account provided to you by your Carrier that you register to fund certain Payment Transactions.<br />
<br />
"Carrier Billing Service" The payment process whereby GPC, on behalf of Seller, submits a Payment Transaction to the Carrier for billing to a Buyer's Carrier Billing Account.<br />
<br />
"Customer" A person who registers for the Service(s).<br />
<br />
"Funding Account" A credit card, debit card or ACH-enabled checking or savings account that is registered or used by you to fund P2P Payments or payments made by you to your Google Wallet Balance.<br />
<br />
"Google" Google Inc.<br />
<br />
"Google Account" The account you create with Google Inc. for the use of Google Services, as defined in the Google Terms of Service.<br />
<br />
"Google Payments Account" The account assigned to you by GPC when you accept these Terms of Service. The account may be accessed at https://payments.google.com.<br />
<br />
"Google Wallet Balance" Funds you maintain in your Google Payments Account as part of the Google Wallet Service. The Google Wallet Balance is held in a deposit account at a Partner Bank.<br />
<br />
"Google Wallet Card" The MasterCard branded debit card issued by Bancorp which is linked to your Google Payments Account and can be used to access your Google Wallet Balance.<br />
<br />
"Google Wallet Card Terms of Use" The terms and conditions between you and Bancorp that apply to use of the Google Wallet Card.<br />
<br />
"Google Wallet Online Cards" The Google Wallet Virtual OneTime Card and the Google Wallet Virtual Discover Card.<br />
<br />
"Google Wallet Online Card Terms of Use" The Google Wallet Virtual OneTime Card Terms of Use and the Google Wallet Virtual Discover Card Terms of Use.<br />
<br />
"Google Wallet Virtual Discover Card" The Discover-branded prepaid debit virtual payment card product issued by Bancorp for use at certain online merchants.<br />
<br />
"Google Wallet Virtual Discover Card Terms of Use" The terms and conditions between you and Bancorp which are applicable to use of the Google Wallet Virtual Discover Card.<br />
<br />
"Google Wallet Virtual OneTime Card" The MasterCard-branded prepaid debit virtual payment card product issued by Bancorp for one time use at certain online merchants.<br />
<br />
"Google Wallet Virtual OneTime Card Terms of Use" The terms and conditions between you and Bancorp which are applicable to use of the Google Wallet Virtual OneTime Card.<br />
<br />
"Google Web Sites" The web site pages or mobile application interfaces of Google, a Google affiliate or a Google-affiliated or partner company.<br />
<br />
"GPC" Google Payment Corp.<br />
<br />
"Loyalty Program(s)" A membership, affinity, or rewards program that you have already registered for or may newly register for via Android Pay and which, when stored as a Card Saved to Android Pay, may enable you to receive direct communications from the participating merchant and, in certain instances, allows you to accrue and/or redeem rewards program points and other incentives from that merchant.<br />
<br />
"Offer(s)" Vouchers, coupons, discounts or other Cards Saved to Android Pay content that can be redeemed at a participating merchant.<br />
<br />
"Online Card Processing Service" The service by which GPC holds a Buyer's registered Payment Instrument information in Buyer's Google Payments Account and, at the time of Buyer's purchase from a Seller using such Payment Instrument, GPC provides such information to Seller (or Seller's card processor, including potentially GPC itself) for processing through the applicable card network, which Seller, in turn, provides to the issuer of Buyer's Payment Instrument for approval and financial settlement through the card network to the Seller.<br />
<br />
"P2P Service" The Google Wallet Service facilitating peer to peer payment transactions.<br />
<br />
"P2P Payment" or "Peer to Peer Payment" Payment initiated to another Customer using the P2P Service that debits (or charges) a Funding Account or Google Wallet Balance of the Sender and makes the funds available to be claimed via the Recipient's Google Payments Account. P2P Payments may not be used for business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.<br />
<br />
"Partner Bank" One or more U.S. banks and other U.S. financial institutions at which GPC establishes an account holding Google Wallet Balances.<br />
<br />
"Payment Instrument" A credit card, debit card, ACH-enabled checking or savings account, merchant gift card or other prepaid payment method, Carrier Billing Account, Google Wallet Balance, and/or other financial account that is registered in a Customer's Google Payments Account or, in the case of the Android Pay and Buy with Google Services, a credit or debit card registered by a Customer in the Service. Not all Payment Instruments are eligible for use with all Services.<br />
<br />
"Payment Transaction" The processing of a payment that results in the debiting, charging, or other related transaction, of the Purchase Amount to a Buyer's Payment Instrument.<br />
<br />
"Processing Service" The Online Card Processing Service and the Carrier Billing Service.<br />
<br />
"Product" Any merchandise, good or service that a Buyer may purchase using a Service.<br />
<br />
"Purchase Amount" The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.<br />
<br />
"Recipient" Customer who receives a payment from the Sender as the result of a P2P Payment. P2P Payments may not include business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.<br />
<br />
"Save To Android Pay Service(s)" Services that relate to the scanning, storage, display, status, and/or redemption of non-payment-card items stored in your Google Payments Account as Cards Saved to Android Pay, which may include loyalty points, order tracking, display of gift card balance, delivery updates, and more.<br />
<br />
"Seller" Customer who uses the Processing Service to process Payment Transactions from Buyers.<br />
<br />
"Sender" Customer who uses the P2P Service to initiate a P2P Payment to send a payment to a Recipient. P2P Payments may not include business transactions, other than business transactions between individuals. The P2P Service also may not be used for charitable transactions.<br />
<br />
"Service(s)" The Google Payments products and services described in these Terms of Service that are or facilitate (i) the Processing Service, (ii) Android Pay, (iii) Buy with Google, (iv) Google Wallet Balance and (v) P2P Payments.<br />
<br />
"We", "us" Google Payment Corp.<br />
<br />
"You", "you" A person or business that applies to, or registers to use, or uses, the Services.<br />
<br />
B. Google Payments Terms<br />
2. Registration for Google Payments<br />
2.1 Setting Up a Google Payments Account<br />
<br />
When you accept these Terms of Service (for example, when first registering a Payment Instrument in your Google Payments Account, setting up Android Pay, or setting up Google Wallet), you are creating a Google Payments Account that is associated with your Google Account, and which may be accessed at https://payments.google.com. Depending on the Services of Google Payments Services you use, you may be asked to provide information such as your name, contact information, Payment Instrument information (including your bank name, routing number and account number for the account, if applicable), date of birth, and/or your social security number. We may verify your registration information with a third party verification vendor. In some cases, we may ask you to send us additional information, such as a copy of your driver's license or passport, or to answer additional questions to help us verify your identity. Finally, if you register a Carrier Billing Account, we will ask you to provide your mobile telephone number and the name and billing address associated with that number.<br />
<br />
The information you provide will be used by us to determine if you are eligible to begin and/or continue to use the Services. Provision and use of such data is subject to the Google Payments Privacy Notice, as described more fully in Section 8 below.<br />
<br />
2.2 USA PATRIOT ACT NOTICE<br />
<br />
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.<br />
<br />
2.3 Accuracy of Registration Information<br />
<br />
You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. Changes to your primary residence address may require you to accept new Google Payments terms of service for the country to which you have moved. In addition, as certain services are currently offered only in select countries, changes to your primary residence address may result in your becoming ineligible for certain services.<br />
<br />
2.4 Relation to your Google Account<br />
<br />
In order to use the Services, you must have a Google Account which is in good standing with Google, in accordance with the Google Terms of Service. If you or Google closes your Google Account for any reason, your Google Payments Account will also be closed and you will no longer be able to access the Services.<br />
<br />
3. The Processing Service<br />
3.1 Getting Started with the Processing Service<br />
<br />
In order to use the Processing Service, you must complete all information elements required on pages where you register a Payment Instrument in your Google Payments Account. You must register a valid Payment Instrument to make Payment Transactions.<br />
<br />
You authorize GPC to confirm that your Payment Instrument is in good standing with the issuing financial institution and/or Carrier (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association or Carrier rules as applicable. GPC, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Processing Service with or without cause or notice, other than any notice required by any Applicable Law, and not waived herein.<br />
<br />
3.2 Online Card Processing Service<br />
<br />
The Online Card Processing Service facilitates a credit or debit card purchase by a Buyer from a Seller that is registered with GPC to receive certain merchant payment processing services. The Online Card Processing Service stores information from Buyers, such as their Payment Instruments and shipping information. GPC processes Payment Transactions on behalf of Sellers, as the agent of the Seller, through the appropriate credit card or debit card network or through a participating Carrier, as applicable. When Buyer chooses to pay for Products with the Processing Service, Buyer authorizes the Seller to submit charges (and, in the case of refunds, credits) to Buyer's registered Payment Instrument. GPC will assist as agent of the Seller in accessing the card networks and processing the Payment Transaction. Once Buyer's registered Payment Instrument is authorized, Buyer's payment obligation to Seller shall be deemed completed and discharged (except for Buyer's obligations in the event of a chargeback or other reversal). Purchases made through the Online Card Processing Service are also subject to the terms and conditions governing Buyer's Payment Instrument between Buyer and the issuer of the Payment Instrument. Buyer is responsible for any charges and related fees that may be imposed under the Payment Instrument terms and conditions as a result of Buyer's use of a Payment Instrument.<br />
<br />
You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with GPC, Google or any of their affiliates. Neither GPC nor Google are a party to your Payment Transaction for the purchase of Products, and GPC, Google, or other GPC affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a Google Web Site.<br />
<br />
3.3 Carrier Billing Service<br />
<br />
Certain Sellers that use the Processing Service may permit you to have your purchase billed to your Carrier Billing Account. These additional terms apply when you use Carrier Billing through the Processing Service:<br />
<br />
Registering your Carrier Billing Account as a payment option requires your mobile telephone number, name and billing address of the Carrier Billing Account associated with that number. You consent to your Carrier providing this information to GPC, and you will review the information during sign-up for Carrier Billing, and correct any inaccuracies. This information will be used by GPC for the purpose of establishing your Carrier Billing Account as a Payment Instrument in your Google Payments Account, and for operating the Processing Service. You also agree that GPC and your Carrier may share information with each other regarding your Carrier Billing activity in order to charge or credit your Carrier Billing Account and otherwise complete payments for purchases, reversals, refunds or adjustments of Payment Transactions, resolve disputes, provide customer support, and for other Carrier Billing-related purposes.<br />
When you choose to pay for a transaction with Carrier Billing, you authorize the Seller and GPC, as agent of and processor for the Seller, to submit charges and credits to your Carrier, and your Carrier to make such charges and credits to your Carrier Billing Account, as necessary to complete the Payment Transaction, or to complete the reversal, refund, or adjustment of that Payment Transaction.<br />
You can use Carrier Billing to purchase applications (e.g., downloadable or networked applications, wallpapers, ring-tones, games, and productivity tools) ("Apps") for and with your compatible device from certain merchants on Google Play. These Apps are not sold by your Carrier, Google, GPC, or Google Play. You can identify the Seller of the App at the point of purchase.<br />
Purchases made through Carrier Billing are also subject to the terms and conditions of your Carrier Billing Account. You are responsible for any charges and related fees that may be imposed under your Carrier Billing Account terms and conditions as a result of your use of Carrier Billing.<br />
You may contact your Carrier's customer service if you have a question about the charges or fees billed to your Carrier Billing Account. You should direct support questions regarding products, such as Google Play Apps, purchased through Carrier Billing to the Seller from whom you purchased the App.<br />
None of Carrier, Google, GPC, or Google Play is responsible for any product (including an App) purchased with Carrier Billing, including download, installation, use, transmission failure, interruption, or delay, refunds, third party advertisements you may encounter while using the product or App, alterations any App may make to the functionality of your device, including any changes that may affect your Carrier's plan, service, or billing, or any content or website you may be able to access through the App<br />
3.4 Passing Payment Instrument Details to Third Parties<br />
<br />
Where requested by You, GPC may pass details of your Payment Instrument and related information to a third party for that third party to charge the Payment Instrument for goods or services it will supply to You. In such cases, after passing the Payment Instrument details to that third party, GPC will have no further involvement in Your transaction with that third party (and You acknowledge and agree that your purchases made are transactions between you and the third party and not with GPC, Google or any of GPC's affiliates). This is not a Payment Transaction. You should contact the third party or Your Payment Instrument provider (e.g., credit or debit card provider) directly regarding any issues with such third-party transactions, including refunds and disputes.<br />
3.5 Subscriptions/Recurring Transactions Purchases<br />
<br />
In the event that the Processing Service offers you the ability to pay for subscriptions, your subscription will start when you click "Accept & buy" on a subscription purchase. This is a recurring billing transaction. Unless otherwise stated, your subscription and the relevant billing authorization will continue indefinitely until cancelled by you.<br />
<br />
By clicking "Accept & buy," you authorize the applicable Seller to bill your chosen Payment Instrument during the subscription at the Purchase Amount. The Purchase Amount will continue to be charged to your Payment Instrument, until you cancel your subscription, unless as otherwise stated in the terms and conditions. The billing rate is subject to change by the Seller during the subscription period.<br />
<br />
Your Payment Instrument will be billed each period based on the date of the subscription purchase.<br />
<br />
You may cancel a subscription at any time, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period.<br />
<br />
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.<br />
<br />
3.6 Permissible Payment Transactions<br />
<br />
You may only use the Processing Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product. The Processing Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Processing Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use the Processing Service to purchase any illegal goods or services or for any other underlying illegal transaction.<br />
<br />
You agree that you will not use the Processing Service to purchase any Products that violate these Terms of Service, other policies or rules applicable to the Processing Service, or Applicable Law. The current policy that establishes the Products and other transactions that may not be paid for with the Processing Service is provided here. Failure to comply with these limitations may result in suspension or termination of your use of the Processing Service.<br />
<br />
Additional terms may apply for the use of the Android Pay, Virtual Card, the Android Pay Online Cards, and the Google Wallet Card, as described below.<br />
<br />
3.7 Service Fees<br />
<br />
GPC does not charge a fee to use the Processing Service as a Buyer. The financial institution that issues, or the Carrier that provides, your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees.<br />
<br />
3.8 Disputes<br />
GPC will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction.<br />
<br />
For transactions other than those involving the Android Pay, Virtual Card, the Google Wallet Card, or your Wallet Balance (including with the Google Wallet Card and P2P Payments), if Customers are unable to resolve a dispute, GPC can mediate disputes between buyers and sellers if either party requests assistance. If this occurs, GPC will review the dispute and propose a non-binding solution, if appropriate. For more detailed information, please see our Frequently Asked Questions. For disputes applicable to the Google Wallet Online Cards and the Android Pay Virtual Card, please see Section 4. For the Google Wallet Balance Customer Service and Error Resolution Policy applicable to the Google Wallet Card, Google Wallet Balance, and certain P2P Payments, please see Section 6.<br />
<br />
GPC may offer a feedback or other ranking system on the Processing Service to assist you in evaluating other Customers of the Service. You acknowledge that any such feedback or ranking system represents solely the opinion of other Customers of the Processing Service, and is not an opinion, representation, or warranty by GPC with respect to other Customers of the Processing Service.<br />
<br />
You agree to release GPC, Google, and other GPC affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve GPC in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of GPC, Google, and other GPC affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the Buyer's card issuer agreement or Carrier Billing Account terms and conditions, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.<br />
<br />
If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."<br />
<br />
3.9 Refunds<br />
<br />
Except as set forth in these Terms of Service, all Payment Transactions processed through the Processing Service are non-refundable to Buyer by GPC and are non-reversible by Buyer through the Processing Service. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all purchase transactions through the Processing Service. The refund procedure described in this Section 3.9 does not apply to transactions involving the Android Pay Virtual Card, the Google Wallet Online Cards, or your Google Wallet Balance (including with the Google Wallet Card and P2P Payments). For refund policies applicable to these products, please see Sections 4 and 6.<br />
<br />
C. Android Pay & Buy with Google Terms<br />
For certain Android Pay services, please also see the Android Pay Virtual Card Terms of Use between you and Bancorp. For Buy with Google, please also see the Google Wallet Online Card Terms of Use between you and Bancorp.<br />
4. Android Pay & Buy with Google<br />
<br />
Sections 4.1 - 4.3 and 4.5 - 4.7 govern your use of Android Pay. Sections 4.4 and 4.5 govern your use of Buy with Google.<br />
<br />
4.1 General Description of Android Pay<br />
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Android Pay allows you to make Payment Transactions in two ways using a credit or debit card registered with Android Pay: (i) at participating merchant locations, using an eligible NFC mobile device and either the Android Pay application that resides on your mobile device or the Android Pay functionality in your Android device's settings, or (ii) online in certain merchant apps. Android Pay may store your Payment Instruments in your Google Payments Account, on GPC's servers, for purchases on Google Play and elsewhere. Android Pay may also enable you to access Offers, Loyalty Programs, rewards, gift cards and other items stored as Cards Saved to Android Pay. Android Pay and its various features may only be available for use in certain regions, with certain cards or card-issuing banks, or with certain merchants. Such regions, cards, banks, and merchants are subject to change at any time.<br />
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The terms governing your use of Android Pay differ depending on whether or not your card's issuing bank participates in Android Pay. If (i) your card's issuer does not currently participate but your card was previously registered for use with Google Wallet's "tap-and-pay" NFC feature or its "Buy with Google" feature for online and in-app purchases, or (ii) if your issuer allows, you may be able to use the card with Android Pay for a limited time using the Android Pay Virtual Card. See Section 4.3 for further details.<br />
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4.2 Android Pay Using Cards Supported by Participating Issuers<br />
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The terms of this Section 4.2 apply only to the use of Android Pay with credit or debit cards that participating card issuing banks have made eligible to be registered with Android Pay.<br />
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(a) Getting Started. You must have a Google Account to use Android Pay. You may set up the Service using either the Android Pay application that resides on your mobile device, or the Android Pay functionality in your Android device's settings. After you have provided the requested information and attempted to add a credit or debit card to Android Pay, Android Pay will check both whether your card's issuer currently supports the Service and whether the card itself is eligible to be used with Android Pay. All of a participating issuer's cards may not be eligible. If your card's issuer does not currently support Android Pay or your card is not eligible to be added to Android Pay, GPC may alert you via email when your card becomes eligible. If your card's issuer supports Android Pay and your card is eligible, when adding it you will see a screen asking you to accept the card issuer's terms and conditions. Once you have done so and successfully added the card, Android Pay will store a "virtual account number" that represents your card's actual card number. This virtual account number will be used for all in-store Payment Transactions using Android Pay. For in-app Payment Transactions involving online merchants, Android Pay will cause either this or another uniquely generated virtual account number to be sent to the merchant, as a representation of your registered card.<br />
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(b) Use of Android Pay. Your use of Android Pay with a given Payment Instrument is governed by these Terms of Service as well as your card issuer's applicable cardholder agreement and privacy policy. Nothing in these Terms of Service modifies such issuer terms or privacy policy. You acknowledge that the Android Pay app may display your recent transaction history for each card used with Android Pay. You agree not to use Android Pay for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse the Android Pay Service, including any of its related servers, networks, or other infrastructure. You agree that Android Pay is for your personal use, with your own credit or debit cards. If you use Android Pay with an eligible corporate card, you agree that you are doing so with your employer's authorization and with the ability to bind your employer to these Terms of Service.<br />
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(c) GPC's Role. While Android Pay enables you to store your Payment Instruments as virtual account numbers and transmit those numbers to merchants, neither GPC nor Google processes Android Pay Payment Transactions, and neither exercises control over or is otherwise responsible for the availability or accuracy of payment cards, payments, refunds, chargebacks, the provisioning (or addition) of cards to Android Pay, or other commercial activity relating to your use of Android Pay. You acknowledge and agree that your purchases through Android Pay are transactions between you and the merchant and not with GPC, Google or any of their affiliates. For disputes relating to Payment Transactions conducted using Android Pay, contact your card's issuer or the appropriate merchant. Neither GPC nor Google is a party to your registered Payment Instruments' cardholder agreements, and neither is involved in issuing credit or determining eligibility for credit. GPC does not make any representation or verify that any of your Payment Instruments are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use Android Pay in connection with that purchase.<br />
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4.3 Android Pay Using Other Cards and the Android Pay Virtual Card<br />
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The terms of this Section 4.3 apply only to the use of Android Pay with Payment Instruments that are not eligible to be registered with Android Pay under Section 4.2. Also see Section 4.5 for additional terms.<br />
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(a) Getting Started. You may set up Android Pay by entering the requested information into either the Android Pay application that resides on your mobile device, or the Android Pay functionality in your Android device's settings. If you attempt to register a credit or debit card that is not currently supported by an issuer participating in Android Pay, you may still be able to use it with Android Pay if that issuer allows or if, as of September 10, 2015, that card was already registered for use with Google Wallet's "tap-and-pay" NFC feature (using the former Google Wallet Virtual Card) or its "Buy with Google" feature for online and in-app purchases (using the Google Wallet Online Cards). If that is the case, when adding the card to Android Pay, you will see a message informing you that GPC has worked with Bancorp to assign your card a virtual account number, along with a screen asking you to accept the Bancorp Android Pay Virtual Card Terms of Use. Once you have done so and successfully added the card to Android Pay, Android Pay will store a "virtual account number" that represents your card's actual card number. Android Pay will use this virtual account number for all in-store Payment Transactions using Android Pay using that card. For in-app Payment Transactions involving online merchants, Android Pay will cause another uniquely generated virtual account number to be sent to the merchant, as a representation of your registered card. You will not see your actual Payment Instrument's card art in the Android Pay app or settings. You can determine if you are using the Android Pay Virtual Card by opening the Android Pay app and touching your selected card to see card details. If the card details show a "Change Google Payments PIN" option, you are using the Android Pay Virtual Card. You acknowledge that the Android Pay app's card details view may display your recent transaction history for cards you use with Android Pay.<br />
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(b) Issuance of the Android Pay Virtual Card. To enable your use of Android Pay Service via your NFC mobile device, GPC has arranged for Bancorp to provide you with access to a MasterCard®-branded virtual prepaid debit payment card product, the Android Pay Virtual Card, which is stored on your mobile device. By using Android Pay and the Android Pay Virtual Card, you also agree to the Android Pay Virtual Card Terms of Use, which may be updated from time to time. For avoidance of doubt, the Android Pay Virtual Card Terms of Use are between you and Bancorp, not Google or GPC. In addition, the terms and conditions and privacy policies applicable to your chosen Payment Instrument also apply to all transactions involving the Android Pay Virtual Card. Please refer to the terms and privacy policies applicable to your chosen Payment Instrument. By requesting Android Pay on your NFC enabled mobile device, you are requesting the issuance of the Android Pay Virtual Card in order to facilitate your use of the Service.<br />
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(c) Using the Android Pay Virtual Card. When you place your mobile device near the merchant's NFC reader, your Android Pay Virtual Card information will be transferred from your NFC mobile device to the merchant for use in processing the Payment Transaction. The Android Pay Virtual Card is a prepaid debit card that can be used to make purchases when you use Android Pay at a merchant location that accepts contactless payments, even if the issuer of your registered debit or credit card does not participate in Android Pay for NFC transactions. The Android Pay Virtual Card is different from your debit or credit card registered in Android Pay. The merchant will not receive your registered debit or credit card information. You will charge your selected Payment Instrument for purchases using the Android Pay Virtual Card. GPC will bill your selected Payment Instrument for the total Purchase Amount of the Payment Transaction.<br />
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(d) Payment Transaction Limits. There are maximum dollar limits on purchase payments that you may make using Android Pay Virtual Card. Maximum purchase payments may not exceed the lesser of $1,000 per day or any daily purchase transaction limit imposed by your selected credit or debit card. GPC may, at its discretion, increase this maximum upon verification of your identity. In addition, Android Pay Virtual Card purchase transactions below this amount may be declined if GPC is unable to complete a funding transaction to your selected Payment Instrument. The Android Pay Virtual Card may not be used for transactions in which you request cash back from the merchant. In addition, you may be subject to limitations on the amount or type of transaction or merchant as per the terms and conditions of your selected credit or debit card. Please refer to the terms and conditions of your selected credit or debit card. You are responsible for any charges and related fees that may be imposed under the terms and conditions applicable to the selected Payment Instrument for any Payment Transaction using an Android Pay Virtual Card. The Android Pay Virtual Card is not a credit card, and GPC and Bancorp are not extending you credit in connection with your use of Android Pay or the Android Pay Virtual Card. GPC will instruct Bancorp to deny a requested Android Pay Virtual Card purchase if GPC has reason to believe that it will not be able to initiate a charge to your selected Payment Instrument or if GPC otherwise believes that GPC will not be able to obtain funds from you to complete the requested purchase payment. We reserve the right to decline any Android Pay Virtual Card-initiated Payment Transaction.<br />
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4.4 "Buy with Google" Using Google Wallet Online Cards<br />
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The Buy with Google Service permits you to make purchases on participating online merchant websites and mobile applications accepting Buy with Google or Google Wallet. Please be aware that the Buy with Google Service will be offered only for a limited time, and will be phased out as online merchants transition to Android Pay for in-app Payment Transactions. Also see Section 4.5 for additional terms.<br />
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(a) Issuance of a Google Wallet Online Card enables your use of the Buy with Google Service online using your mobile phone, a computer, or other device, GPC holds a Buyer's registered Payment Instrument information and facilitates payment to participating online merchants using a Google Wallet Online Card, after which GPC will charge the Buyer's selected Payment Instrument for the purchase. When you use Buy with Google to make a purchase online, Bancorp will (i) issue you a Google Wallet Virtual OneTime Card, a MasterCard-branded virtual prepaid debit card product that can only be used for the specific purchase for which it was issued, or (ii) a Google Wallet Virtual Discover Card, a Discover-branded virtual prepaid debit card product that can only be used at the online merchant for which it was issued. After issuance of the Google Wallet Online Card, GPC facilitates the payment to a merchant through such card, and then charges your selected Payment Instrument. When you choose to pay for a purchase online using Buy with Google, you authorize the merchant and GPC to submit charges (and, in the case of refunds, credits) to your Google Wallet Online Card and the applicable registered Payment Instrument. By using a Google Wallet Online Card, you also agree to the applicable Google Wallet Online Card Terms of Use which may be updated from time to time. For the avoidance of doubt, the Google Wallet Virtual OneTime Card Terms of Use and the Google Wallet Virtual Discover Card Terms of Use are between you and Bancorp, the issuer of the Google Wallet Online Card, and not Google, GPC, or any of their affiliates.<br />
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(b) Using a Google Wallet Online Card To Make Merchant Purchases. The Google Wallet Online Card is a prepaid debit card that can be used to make online purchases at a registered merchant's site. The Google Wallet Online Card is different from the debit or credit card registered in a Buyer's Google Payments Account. The merchant will not receive your full registered debit or credit card information. You will charge your selected Payment Instrument for purchases using the Google Wallet Online Card. GPC will bill your selected Payment Instrument for the total Purchase Amount of the Payment Transaction.<br />
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(c) Payment Transaction Limits. There are maximum dollar limits on purchase payments that you may make using a Google Wallet Online Card. Maximum purchase payments may not exceed the lesser of $2,000 or any daily purchase transaction limit imposed by your selected credit or debit card. GPC may, at its discretion, increase this maximum upon verification of your identity. In addition, Google Wallet Online Card purchase transactions below this amount may be declined if GPC is unable to complete a funding transaction to your selected Payment Instrument. The Google Wallet Online Card may not be used for transactions in which you request cash back from the merchant. In addition, you may be subject to limitations on the amount or type of transaction or merchant as per the terms and conditions of your selected credit or debit card. Please refer to the terms and conditions of your selected credit or debit card. You are responsible for any charges and related fees that may be imposed under the terms and conditions applicable to the selected Payment Instrument for any Payment Transaction using a Google Wallet Online Card. The Google Wallet Online Cards are not credit cards, and GPC and Bancorp are not extending you credit in connection with your use of Android Pay or the Google Wallet Online Cards. GPC will instruct Bancorp to deny a requested Google Wallet Online Card purchase if GPC has reason to believe that it will not be able to initiate a charge to your selected Payment Instrument or if GPC otherwise believes that GPC will not be able to obtain funds from you to complete the requested purchase payment. We reserve the right to decline any Google Wallet Online Card-initiated Payment Transaction.<br />
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4.5 General Terms Relating to the Use of the Android Pay Virtual Card and Buy with Google's Google Wallet Online Cards<br />
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The terms of this Section 4.5 supplement those in Sections 4.3 - 4.4. They do not apply to any use of Android Pay under Section 4.2.<br />
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(a) In order to use the Android Pay Virtual Card or Google Wallet Online Cards, you must be a resident of a U.S. state or the District of Columbia.<br />
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(b) By using the Android Pay Virtual Card or Google Wallet Online Cards to make Payment Transactions as described in Sections 4.3 - 4.4, you authorize GPC to charge your selected Payment Instrument for such Payment Transactions.<br />
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(c) GPC does not make any representation or verify that any of your Payment Instruments are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use Android Pay or Buy with Google in connection with that purchase.<br />
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(d) GPC does not guarantee and makes no representations that the issuer or the associated payment network of any Payment Instruments you use with Android Pay or Buy with Google will honor any usual or promotional rewards or benefits (including any purchase protection or insurance) for your purchases using Android Pay or Buy with Google. The issuer and associated network of your Payment Instruments will determine whether or not any rewards or benefits will apply to purchases made using Android Pay or Buy with Google. GPC and Google are not providing you with any rewards or benefits (including purchase protection and insurance) for your use of Android Pay or Buy with Google.<br />
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(e) You agree to notify GPC immediately of any unauthorized use of Android Pay or Buy with Google, or any other breach of security regarding those Services of which you have knowledge.<br />
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(f) GPC will instruct Bancorp to deny a requested Android Pay or Buy with Google purchase if GPC has reason to believe that it will not be able to initiate a charge to your selected Payment Instrument, or if GPC otherwise believes that GPC will not be able to obtain funds from you to complete the requested purchase payment. We reserve the right to decline any Android Pay or Buy with Google-initiated Payment Transaction. We reserve the right to suspend your use of Android Pay or Buy with Google for any reason.<br />
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(g) You acknowledge and agree that your purchases through Android Pay and Buy with Google are transactions between you and the merchant and not with GPC, Google or any of their affiliates.<br />
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(h) The Android Pay Virtual Card and Google Wallet Online Cards may only be used for U.S. dollar transactions within the U.S. and do not support payments in foreign currencies.<br />
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(i) Your Authorization for Android Pay and Buy with Google Billing. By using Android Pay or Buy with Google to make a purchase payment, you authorize the use of the Android Pay Virtual Card or Google Wallet Online Cards, as applicable, to complete a payment to the merchant, and you authorize GPC to charge the applicable credit or debit card that is registered in your Google Payments Account and selected by you as the default Payment Instrument for the Purchase Transaction. The charge by GPC to your registered Payment Instrument is a separate payment transaction from the Android Pay or Buy with Google purchase transaction. This funding transaction will identify GPC or Google within the payment transaction identifier on your Payment Instrument statement.<br />
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(i) Receipts At Merchant Locations. You may receive a transaction receipt from a merchant when you use Android Pay or Buy with Google. This merchant receipt will reflect the last four digits of the Android Pay Virtual Card or Google Wallet Online Card, as applicable, and not your credit card or debit card number that will be charged by Android Pay or Buy with Google for the payment. GPC is under no obligation to provide you with a receipt or other written confirmation in connection with the charge made at a merchant location or with an online merchant.<br />
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(k) Limits on Merchants and Purchases. We may impose limits on merchants where you can use Android Pay or Buy with Google. Please also refer to the Android Pay Virtual Card Terms of Use or Google Wallet Online Card Terms of Use, as applicable, for further information on additional limitations on permissible payments using Android Pay or Buy with Google.<br />
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(l) Periodic Statements. You agree that we will not provide you with a separate periodic statement for your use of the Android Pay Virtual Card or Google Wallet Online Cards. GPC will email to your registered email address a receipt reflecting GPC's charge to your registered credit or debit card in connection with individual Android Pay or Buy with Google transactions. You are responsible for reviewing these receipts and maintaining them for your records.<br />
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(m) Customer Service. If you have an inquiry regarding a payment made with Android Pay or Buy with Google, or you believe there has been an error or unauthorized transaction regarding a payment transaction using Android Pay and the Android Pay Virtual Card or Buy with Google and the Google Wallet Online Card, please contact GPC at 1-855-492-5538.<br />
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(n) Errors and Unauthorized Transactions. GPC provides you with certain rights and protections in the event of an error or unauthorized transaction arising from your use of Android Pay or Buy with Google in which the Android Pay Virtual Card or the Google Wallet Online Card has been used to facilitate a payment to a merchant. With respect to Payment Transactions made using the Android Pay Virtual Card or the Google Wallet Online Card, see the applicable Terms of Use between you and the issuer of these cards, Bancorp, for more details regarding these protections and a statement of your potential liability for use of the Android Pay Virtual Card or the Google Wallet Online Card. You may also have certain rights and protections that are provided to you under your agreement with the issuer of your Payment Instrument or Applicable Law with respect to the charges for a purchase payment made to your registered credit or debit card. You should consult your agreement with the issuer of your Payment Instrument for details.<br />
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4.6 Cards Saved to Android Pay<br />
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(a) Cards saved to Android Pay. Cards Saved to Android Pay can be stored by you in your Google Payments Account, or pushed to your Google Payments Account by a participating merchant with your consent, on an Android Device. Cards Saved to Android Pay may consist of (but are not limited to) items such as Offers, Loyalty Program items, closed loop gift cards that can be redeemed at a specific merchant store or group of stores, and/or other items from third party merchants which you can add to your Google Payments Account, and which may be redeemable for discounts or points from the third party merchant or issuer. The Save to Android Pay Service includes scanning, storage, manually and automatically updated gift card balance displays, loyalty points, status updates and more. Cards Saved to Android Pay contain data, images, and messages that are controlled and updated solely by the third party merchant who issues them. Cards Saved to Android Pay data may be presented to you on Google websites or mobile applications, participating third party websites or mobile applications, through the Android Pay application, or at a merchant's physical location. If you are logged into your Google Payments Account on an Android device, you may select and store an Offer to appear in your Google Payments Account for redemption with a participating merchant.<br />
(b) Storing Cards Saved to Android Pay. In order to store Cards Saved to Android Pay into your Google Payments Account, you must use an Android device and provide all information required by Android Pay.<br />
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(c) Redemption of a Card Saved to Android Pay. In order to redeem an item stored as a Card Saved to Android Pay with a participating merchant, you may be asked to:<br />
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(i) permit the merchant to read the redeemable Card Saved to Android Pay off the screen of the mobile device;<br />
(ii) use Android Pay to redeem the Card Saved to Android Pay in conjunction with a payment transaction; or<br />
(iii) provide the promotion code or other code associated with the Card Saved to Android Pay to the participating merchant upon such merchant's request.<br />
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By taking any of the foregoing actions, you authorize the information regarding the specific redeemable item stored as a Card Saved to Android Pay to be transferred from your Google Payments Account to the merchant for redemption. The redemption of the Card Saved to Android Pay is processed by the merchant at its discretion, in accordance with the merchant's terms and conditions for that item, as applicable. If you have questions regarding redemption of a particular Card Saved to Android Pay, please contact the merchant directly.<br />
(d) Your purchases of Products and/or redemptions of Cards Saved to Android Pay are transactions between you as a Buyer and the merchant as the merchant, and not with GPC or any Google affiliates. GPC is not a party to your purchase of Products or redemption of Cards Saved to Android Pay.<br />
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4.7 Cards Saved to Android Pay and the Save to Android Pay Service; Limitations of Liability; Merchant Communications<br />
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Cards Saved to Android Pay and the Save to Android Pay Service are intended for display, storage, and/or redemption of Offers, rewards, Loyalty Programs, closed loop gift cards, and other services such as viewing of loyalty points, manual and automatic gift card balance displays for users who have added a gift card, and status updates on an Android device. The Save to Android Pay API and Save to Android Pay Service are not intended for the storage of payment cards or open loop gift cards, which are prepaid gift cards with network logos on the back of the card which can be used at most merchant locations. Cards Saved to Android Pay and the Save to Android Pay Service are no longer supported on iOS devices.<br />
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(a) By saving Cards Saved to Android Pay into your Google Payments Account, you agree you are providing your prior express consent to receive communications from a third party merchant directly to you through Android Pay. Google does not create or control the content sent by the merchant to you. You may remove the Cards Saved to Android Pay or other items from your Google Payments Account at any time to stop receiving merchant communications through Google Payments. Removal of a particular Card Saved to Android Pay will remove all communications sent by that merchant to you through Android Pay, but will not discontinue your Loyalty Program with that merchant or discontinue your communications from that merchant to you outside of Android Pay. To discontinue a Loyalty Program completely, you must contact the specific merchant directly.<br />
(b) GPC does not guarantee the security of a third party merchant's Offers, rewards, Loyalty Program or gift card program, and does not guarantee that the merchant's systems will be error free, or that merchant systems will honor all Offers, rewards, and loyalty points, gift cards, or other stored or any stored items. GPC is not liable for errors or omissions from the merchant in the enrollment or administration of their Loyalty Programs, or in the purchase and redemption of closed loop gift cards, and is not liable for any third party merchant's security breaches that arise due to omissions or commissions within the merchant's systems or processes.GPC is also not liable to you for merchants who do not honor the value of a closed loop gift card, reward, Loyalty, or other redeemable item.<br />
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(c) You may add personal or other images to a Card Saved to Android Pay using your device camera. Please use reasonable care and common sense in what you scan and store as images. GPC is not liable for user-added images to Cards Saved to Android Pay, including images which contain personally-identifiable or other sensitive information. GPC is not liable for errors resulting from scanning or storing of an image. You are required to follow our Wallet content policies for user-added images. Violating the content policy as to user added images may result in the termination of your account.<br />
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(d) GPC may display as part of the Save to Android Pay Service the balances of gift cards, loyalty points, or other balances, to users who store such items into Wallet. GPC is not liable for any errors or interruptions in the display of gift card or other balances or updates which are offered as a convenience to you, and GPC is not liable for any errors or interruptions in your use of the Save to Android Pay Service.<br />
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(e) GPC may at any time choose to suspend indefinitely or terminate any Save to Android Pay Service for any purpose.<br />
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D. Google Play Gift Cards Terms<br />
5. Google Play Gift Cards<br />
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5.1 Eligibility and Redemption<br />
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Google Play Gift Cards ("Gift Cards") are valid only for users who are 13 years of age or older, and who are residents of the USA. Gift cards are issued by GPC, unless specified otherwise. To redeem a Google Play Gift Card, you will need access to the internet, and you will need to create a Google Payments Account. For users between 13-17 years of age, Google Payments Account enrollment is limited solely to redemption of Gift Cards on Google Play. Google Play Gift Cards must be redeemed toward the purchase of eligible products on https://play.google.com. Purchases are deducted from the Gift Card balance. Any unused Google Play Gift Card balance will be placed in the recipient's Google Play Gift Card account when redeemed. GPC may provide Gift Card purchasers with information about the redemption status of Google Play Gift Cards that they purchase. To view Google Play Gift Card balances, visit https://payments.google.com/manage/#paymentMethods:. Gift Card use is subject to the Google Play Gift Card Terms of Service, available at https://play.google.com/intl/ALL_us/about/card-terms.html.<br />
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5.2 Limitations<br />
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The Gift Card is not redeemable for cash or other cards, is not reloadable or refundable, cannot be combined with other non-Google Play Gift Card balances in your Google Payments Account, and cannot be resold, exchanged or transferred for value, except as required by law. If an order exceeds the Gift Card amount, the transaction will be declined unless more value is added to the Google Play Gift Card balance. GPC disclaims all express or implied warranties as to the Google Play card and Google Play.<br />
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5.3 Fraud<br />
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Neither GPC nor Google is responsible if a Gift Card is lost, stolen, destroyed or used without your permission. GPC and Google will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases.<br />
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E. Google Wallet Terms & Fees<br />
For certain Google Wallet services, please also see the Google Wallet Card Terms of Use between you and Bancorp.<br />
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6. Google Wallet Balance, P2P Payments and the Google Wallet Card<br />
6.1 Google Wallet Balance<br />
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(a) Creating Google Wallet Balance. You may maintain funds in your Google Payments Account that are known as your Google Wallet Balance. To create a Google Wallet Balance, you will first be asked to provide certain registration information, as described in Section 2 above.<br />
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Funds can be accumulated in your Google Wallet Balance by means of:<br />
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(i) a transfer of funds from a Funding Account;<br />
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(ii) funds received from a Sender; and/or,<br />
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(iii) a credit issued to you in accordance with the terms of the Google Wallet Balance Customer Service and Error Resolution Policy, or as a courtesy by GPC or Google.<br />
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We can institute limits on amounts you can add to your Google Wallet Balance using your Funding Accounts in our discretion and without notice. GPC will use commercially reasonable efforts to make funds available to you no later than three (3) business days after GPC receives final settlement of the funding transaction.<br />
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For any transfer from a Funding Account which is a credit card, if your credit card issuer deems your addition of funds to your Google Wallet Balance to be a cash advance transaction or a similar non-purchase transaction, you may incur cash advance or similar fees assessed by your credit card issuer. Please refer to your agreement with your Funding Account provider for information on whether cash advance fees may be incurred. Using your Google Wallet Balance in order to monetize/maximize any rewards programs offered under the issuer's terms for your credit or debit card is prohibited under these Terms of Service.<br />
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(b) Withdrawal of Google Wallet Balances. You may register an ACH-enabled checking, savings, or debit card account as the Funding Account for your Google Wallet Balance in order to withdraw funds from your Google Wallet Balance. If you are permitted by GPC to withdraw funds to a bank account or debit card, you must be the named account-holder of both the Google Wallet Balance and the bank account or debit card to which funds are withdrawn. You can also withdraw funds in the form of cash at certain automated teller machines, via over the counter transactions, and via point of sale transactions with the use of the Google Wallet Card. Withdrawals may be processed in part by third parties (such as your account-holding bank). We are not responsible for withdrawn funds once provided to the third party for delivery to you at your request or upon distribution of your Google Wallet Balance to you in cash. You are solely responsible for any fees that may be charged to you by a third party for processing a withdrawal. GPC will not be responsible for withdrawals provided to the wrong party or account, or where you provided incorrect withdrawal account details to GPC.<br />
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(c) Use of Google Wallet Balances. You may use your available Google Wallet Balance for P2P Payments, Payment Transactions on Google Play, point of sale transactions using a Google Wallet Card, and withdrawals as described in Section 6.1(b) above.<br />
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(d) Limits. No transaction using your Google Wallet Balance, including with your Google Wallet Card or any P2P transfer, may exceed Ten-Thousand Dollars ($10,000) as an individual transaction or Fifty-Thousand Dollars ($50,000) in aggregate transactions over five (5) days. The Google Wallet Card has a maximum spending limit of $5,000 per 24 hour period, and a cash withdrawal limit at ATMs which you can see in your Google Wallet application. GPC or the Partner Bank may impose additional limitations on the dollar amount or frequency of any withdrawals permitted; these limitations are subject to change.<br />
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(e) No Interest on Google Wallet Balances. GPC and the Partner Bank do not pay interest to you on Google Wallet Balances or any other funds. You assign to GPC the right to earn interest on funds in the deposit account of the Partner Bank, in consideration of your use of the Service.<br />
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(f) Negative Google Wallet Balances. If for any reason, your Google Wallet Balance becomes negative, you authorize GPC to:<br />
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i. Initiate a debit or charge to your Funding Accounts in your Google Payments Account to bring your Google Wallet Balance to $0 and / or<br />
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ii. Use a third party to recover funds from you to bring your Google Wallet Balance to $0.<br />
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Your authorizations under this Section 6.1(f) remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.<br />
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(g) Liability for Failure to Make Transactions. We may restrict access to your Google Wallet Balance, including transactions using your Google Wallet Card, temporarily or permanently, if we notice suspicious activity in connection with your Google Wallet Balance account. We have no liability for restricting access to the Google Wallet Balance because of suspected suspicious activity. If we do not complete a transaction using your Google Wallet Balance on time or in the correct amount according to our Agreement with you (other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance:<br />
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If through no fault of ours, a merchant refuses to honor a transaction using your Google Wallet Balance;<br />
If through no fault of ours, you do not have enough money available in your Google Wallet Balance to make a purchase;<br />
If the terminal or system was not working properly;<br />
If the transaction information supplied by you or a third party is incorrect or untimely;<br />
If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken; or<br />
The merchant authorizes an amount greater than the purchase amount.<br />
In addition, we will also not be liable for Google Wallet Card transactions in the following circumstances:<br />
If the Google Wallet Card is expired, damaged or revoked; or<br />
If the Google Wallet Card has been reported lost or stolen, or we have reason to believe that the Google Wallet Card has been stolen.<br />
There may be other applicable exceptions as otherwise provided by state or federal laws.<br />
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6.2 P2P Payments<br />
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(a) Requirements for Registration<br />
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In order to use the P2P Service to make P2P Payments using a debit card, or ACH-enabled checking or savings account, you must register one or more such account(s) as your Funding Account(s) for the P2P Service. You authorize us to confirm that your Funding Account(s) are in good standing with the issuing financial institution, including by submitting a request for a payment authorization and/or a low monetary credit and/or debit to the Funding Account.<br />
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The P2P Service is currently available only to Senders and Recipients who are U.S. residents and who otherwise meet the requirements of these Terms of Service. The P2P Service may not be used for business transactions, other than business transactions between individuals. All users of the P2P Service agree to the restrictions contained in this Content Policy. Any use of the P2P Service which violates the requirements of the Content Policy may result in a user being suspended from the P2P Service and/or other Services. The P2P Service may also not be used for charitable transactions.<br />
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(b) Your Authorization for a P2P Payment<br />
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(1) When you request a P2P Payment to be effected through the P2P Service, you must designate a Funding Account, or your Google Wallet Balance, for such P2P Payment. As determined by the Funding Account or Google Wallet Balance you select, you authorize GPC to:<br />
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(i) For a P2P Payment made from your Google Wallet Balance, debit funds in the P2P Payment amount from your Google Wallet Balance;<br />
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(ii) For a Funding Account that is a debit card, initiate a charge through the applicable payment network in the P2P Payment amount; and,<br />
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(iii) For a Funding Account that is an ACH-enabled checking or savings account, initiate a debit through the ACH Network in the P2P Payment amount; and<br />
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(iv) Initiate any subsequent credit, debit or charge to your Funding Account or Google Wallet Balance in order to process a return, chargeback, reversal, refund, adjustment or rejection, to correct an error relating to, or to resubmit a P2P Payment.<br />
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(2) Your authorizations under this Section 6.2 remain in effect while you are a Customer and for a period of ninety (90) days following termination or cancellation of the Services.<br />
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6.3 Processing of P2P Payments<br />
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(a) You may send a P2P Payment to any other person who is a resident of the United States with a valid email address who otherwise meets the requirements of these Terms of Service to receive such P2P Payment. You must select the Funding Account or your Google Wallet Balance from which your P2P Payment will be sent at the time you initiate the P2P Payment. You will also have the option to enter a "memo" or note for the P2P Payment, which may be retained by GPC as part of the P2P Payment record and/or monitored by GPC in accordance with its financial regulatory obligations.<br />
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(b) In the event you initiate a P2P Payment from your Google Wallet Balance and there are insufficient funds for the P2P Payment, your Google Wallet Balance may be debited in the amount of the insufficient funds. In the event your Google Wallet Balance incurs a negative balance as a result of this debit, your Funding Accounts will be debited in the order listed in your Google Payments Account to bring your Google Wallet Balance to $0 (as described in Section 6.2(a) above).<br />
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(c) GPC will hold funds debited from a Sender's Funding Account or Google Wallet Balance pending transfer to the Recipient. You will not have access to funds in the process of transmission to the Recipient.<br />
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(d) The Recipient will receive an email from the Sender of a P2P Payment advising the Recipient that funds have been received for him or her. Such funds may not be available to the Recipient at the time he or she receives the email.<br />
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(e) The Recipient must either have or create a Google Payments Account in order for the funds to become available to him or her. A Recipient may be required to take certain actions, such as providing Google Wallet with additional registration information, or accepting the Google Payments Terms of Service, prior to the funds becoming available. GPC is not responsible if the intended Recipient does not have or create accounts necessary to receive a P2P Payment.<br />
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(f) A requested P2P Payment is complete when funds are (i) credited to the Recipient's Google Wallet Balance and available for use or withdrawal by the Recipient or (ii) directed by the Recipient to the Recipient's bank account (via the Recipient's debit card or the ACH Network). The Sender may request that GPC cancel the P2P Payment prior to such completion of the P2P Payment, as described in our Customer Service & Error Resolution Policy. The Sender may request cancellation of the P2P Payment by calling GPC at 1-855-492-5538. GPC will use commercially reasonable efforts to cancel the P2P Payment upon request by the Sender. In the event that GPC is able to cancel the P2P Payment, the funds will be credited to the Sender's Funding Account, or Google Wallet Balance, that was used to fund the P2P Payment. GPC may deduct applicable fees from the returned funds, to the extent permitted by applicable law. P2P Payments that have been completed as set forth in this subsection are ineligible for cancellation.<br />
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(g) GPC reserves the right (but is not obligated) to make funds available to a Recipient before GPC receives final settlement of the Sender's funding transaction. GPC also reserves the right in its sole discretion to delay transfer of funds to Recipient or place a hold on funds in the Recipient's Google Wallet Balance.<br />
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(h) Notwithstanding the foregoing, GPC will use commercially reasonable efforts to make funds available to a Recipient no later than three (3) business days after GPC receives final settlement of the Sender's funding transaction. Except as set forth in the Customer Service & Error Resolution Policy, GPC has no liability to you or any other person for any delay in making funds available to the Recipient.<br />
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(i) If a requested P2P Payment cannot be completed for any reason, including because the Recipient is not a U.S. resident, or the Recipient does not or is ineligible to create a Google Payments Account and / or Google Wallet Balance in order to receive the funds within ten (10) days of the Sender initiating the P2P Payment, the P2P Payment will be canceled and, to the extent possible, funds will be returned to the Sender's Funding Account or Google Wallet Balance.<br />
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(j) Use of Gmail and Google+. You may be able to initiate a P2P transaction using Gmail. The text of Gmail email messages for P2P Payments, any accompanying photo(s), and any other attachments, data, or information included in such messages, are not considered part of P2P Payments processed by GPC. In the event that you have created a Google+ profile that includes your photo(s), such photo(s) may be visible to Senders and Recipients and included with your P2P transaction. You may limit the sharing of your photos by changing the settings of your Google+ profile in your Google+ account. Your use of Gmail and Google+ are subject to the terms of service and policies of those individual products. P2P Payments initiated through Gmail are offered as part of Google Wallet by GPC under the terms of this agreement. Gmail and Google+ are offered under the terms of your agreement for those services with Google Inc.<br />
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6.4 Google Wallet Card<br />
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(a) Issuance of the Google Wallet Card. GPC may arrange for Bancorp to provide you with access to a MasterCard branded physical debit payment card, the Google Wallet Card. By using the Google Wallet Card, you also agree to the Google Wallet Card Terms of Use, which may be updated from time to time. For avoidance of doubt, the Google Wallet Card Terms of Use are between you and Bancorp, not Google or GPC.<br />
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(b) Using the Google Wallet Card. The Google Wallet Card is a debit card that can be used to make purchases with a merchant or cash withdrawals, in each case, using any available amounts in your Google Wallet Balance.<br />
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(c) Payment Transaction Limits. You can only make transactions using the Google Wallet Card to the extent that you have a Google Wallet Balance to support those transactions. Therefore, you should know the amount available in your Google Wallet Balance to use the Google Wallet Card. You agree not to make a purchase or other transaction in excess of your Google Wallet Balance. If you do make a purchase or other transaction that exceeds the balance available in your Google Wallet Balance, you agree that we can recover any negative balance incurred as indicated in Section 6.1(f).<br />
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If you have zero or negative Google Wallet Balance, any subsequent transaction authorizations using your Google Wallet Balance will be declined. Any transaction attempted for more than the amount available in your Google Wallet Balance may be declined if that merchant does not accept more than one form of payment. Certain merchants, such as restaurants and hotels, may factor in a tip of 20% or more on your purchase amount when authorizing a transaction. If your bill plus the factored tip is greater than your Google Wallet Balance, then your purchase will be declined. This factored tip will be held against your Google Wallet Balance until the actual purchase and tip amount posts to your Google Wallet Balance. In addition, the transaction limits set forth in Section 6.1(d) also apply to your use of the Google Wallet Card. GPC may also set forth additional limits on your use of the Google Wallet Card from time to time. Further, there are limits to the amounts that you may withdraw at an ATM, a point of sale cash withdrawal, or over the counter. Please review the limits communicated to you in your Google Wallet application or in your account online.<br />
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(d) ATM Access. You can set a PIN number for the Google Wallet Card using your Google Wallet application. You may use your Card and PIN to access cash via a participating Automated Teller Machine ("ATM"). Do not write or keep your PIN with your Google Wallet Card. If you believe your PIN has been compromised, please immediately contact the Customer Service Number. To get cash, use the "withdrawal from checking" option at an ATM. Acceptance within ATM Networks may change at any time. Use of the Card at ATMs is subject to all applicable fees, surcharges, rules and customs of any clearinghouse, ATM network, or other institution or association involved with the transaction. We may impose a fee each time a Card is used to obtain cash or any other services from an ATM, as set forth in the Section 6.6. The owner of the ATM may impose a fee in addition to any fee charged by us. The ATM owner must disclose any fee(s) they charge prior to your confirming the transaction.<br />
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(e) No Cash Value. The Google Wallet Card is not redeemable for cash or other cards, and cannot be resold, exchanged or transferred for value, except as required by law. GPC disclaims all express or implied warranties as to the physical Google Wallet Card. Except as otherwise set forth herein or required by applicable law, GPC is not responsible if your Google Wallet Card is lost, stolen, destroyed, or used without your permission.<br />
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(f) Illegal Activity. The Google Wallet Card may not be used for any illegal activity. You agree not to use the Google Wallet Card for Internet gambling, whether or not internet gambling is illegal in the jurisdiction in which you are located. You are liable for transactions you initiate by the use of the Card, whether deemed legal or illegal.<br />
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(g) No Right to Stop Payment. You do not have the right to stop payment on a transaction originated with the Google Wallet Card. You are responsible for all authorized transactions initiated by use of the Google Wallet Card.<br />
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(h) “Lock Card” Feature. You can prevent future transactions from your Google Wallet Card by locking the card with the Google Wallet mobile application’s “Lock Card” feature. Use of this feature will not prevent processing of pending transactions initiated prior to locking your Google Wallet Card. A Google Wallet Card will only be considered “locked” once a properly functioning Google Wallet mobile application has provided confirmation that the card has been locked. Similarly, a “locked” Google Wallet Card cannot be used for transactions until you have selected the Google Wallet mobile application’s “Unlock Card” option and a properly functioning Google Wallet mobile application has provided confirmation that the card has been unlocked. You are responsible for preventing unauthorized locking and unlocking activity on your device relating to your Google Wallet Card. Such activity, when not authorized, may be deemed invalid in GPC’s sole discretion.<br />
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6.5 Transaction Records, Customer Service and Error Resolution Policy<br />
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Records of your P2P Payments through the P2P Service, transactions using your Google Wallet Card and your other Google Wallet Balance transactions (together, your "Google Wallet Balance Transactions") will be reflected in your transaction history in your Google Payments Account. In addition, you will be provided with a monthly statement of your Google Wallet Balance Transactions, which can be accessed by logging into your account at wallet.google.com or in the Google Wallet mobile application. You are responsible for reviewing your statement and transaction activity to determine if there are any errors or unauthorized transactions, and for alerting GPC of such events, in accordance with the Google Wallet Balance Customer Service and Error Resolution Policy, available in your Google Payments Account. You should review the Google Wallet Balance Customer Service and Error Resolution Policy to understand certain rights you may have as to your Google Wallet Balance Transactions.<br />
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It is your obligation to save or print a copy of your Google Wallet Balance statement. If your access to the Service is canceled or terminated by you or by us for any reason, you will not be permitted to access statements stored by GPC. You may request paper copies of certain electronic records about your account and stored by GPC, subject to the limitations of the Electronic Communications policy, as stated in Section 10 below. GPC reserves the right to charge you fees for such paper copies.<br />
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6.6 Fees<br />
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GPC may charge fees in accordance with the then-current fee schedule, as stated herein. Google Wallet does not assess a fee for any P2P Payment.<br />
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Google Wallet may assess a fee of 2.9% of the transaction amount, with a minimum fee of $0.30, for adding funds to your Google Wallet Balance when you use a debit card as your Funding Account. Such fee shall be waived when you use an ACH-enabled checking or savings account as the Funding Account to add funds to your Google Wallet Balance.<br />
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Google Wallet may also assess a fee of 2.9% of the transaction amount, with a minimum fee of $0.30, on the total amount your Funding Account is charged to bring your negative Google Wallet Balance to $0.<br />
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Google Wallet does not assess a fee for any transaction using your Google Wallet Card at an ATM. Please note: ATM owners/operators may charge their own fees for ATM transactions and balance inquiries.<br />
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Please review the account terms provided by the issuer of your Funding Account for any fees they may assess on your use of your Funding Account.<br />
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F. General Terms<br />
The terms in this Part F (General Terms) are applicable to all Services described in these Terms of Service.<br />
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7. Use of Services<br />
7.1 Limitations<br />
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Notwithstanding any limitations described elsewhere in these Terms of Service, we may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to some or all of the Services without notice and without liability. We may decline to process any transaction without prior notice to you.<br />
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GPC may delay, hold, cancel or reverse processing of any transaction if:<br />
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(a) a Sender makes a claim to GPC for a refund or other reversal, or<br />
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(b) GPC, in its sole discretion, believes that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law, these Terms of Service, or any applicable GPC or Google policies.<br />
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Buyer authorizes the charge or debit to Buyer's Payment Instrument, by GPC as agent of the Seller, as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting or debiting, as applicable, to Buyer's Payment Instrument, by GPC as agent of the Seller, in connection with chargebacks, reversals, refunds, or adjustments through the Service by a Seller.<br />
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We may limit or suspend your use of one or more Services at any time, in our sole and absolute discretion. If we suspend your use of a Service, we will attempt to notify you by electronic mail. Suspension of your use of a Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension or with respect to any non-terminated Services.<br />
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Android Pay and Buy with Google are intended for use on mobile devices, Android operating systems, or other devices or operating systems approved by Google, as provided to you directly by Google or your mobile carrier. You are strictly prohibited from using Android Pay or Buy with Google on a mobile device or Android operating system, or other device or operating system approved by Google, that has been modified or customized in any way. You bear sole responsibility for such unauthorized use of Android Pay or Buy with Google on a modified mobile device, Android operating system, or other device or operating system approved by Google.<br />
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7.2 Fraud<br />
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If you believe your Google Payments Account has been opened or used in an unauthorized manner, please see our fraud protection process. Also, please see our Help Center for more information on how GPC protects you from fraud.<br />
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7.3 Unclaimed Property<br />
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If GPC is holding funds due to you arising from a Payment Transaction processed using any service described herein, and GPC is unable to contact you and has no record of your use of the service for several years, Applicable Law may require GPC to report these funds as unclaimed property. If this occurs, GPC will try to locate you at the address shown in our records, but if GPC is unable to locate you, it may be required to deliver any such funds to the applicable state as unclaimed property. GPC reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by Applicable Law.<br />
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7.4 GPC Not a Banking Institution, Issuer, or Processor<br />
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GPC is not a bank or other chartered depository institution. GPC is not an issuer of any Funding Account, Payment Instrument or other item stored as a Valuable, unless expressly stated otherwise. With respect to Android Pay or Buy with Google transactions, all payment processing is handled solely by the merchant, and GPC is not involved in the merchant's processing of the payment. For Payment Transactions facilitated with the Android Pay Virtual Card or the Google Wallet Online Cards, GPC handles the payment to the merchant and the charging of your registered credit or debit card to conduct your payment for the purchase.<br />
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With respect to the Processing Service, GPC processes Payment Transactions through the Processing Service as an agent of and on behalf of Sellers. Funds held by GPC or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency.<br />
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These Terms of Service do not amend or otherwise modify your agreement with the issuer of your Funding Account or Payment Instrument or redeemable Card Saved to Android Pay, and you are responsible for ensuring your use of the Services complies with such agreements. You also are responsible for all charges and/or debits to your Funding Account or Payment Instrument resulting from purchases of Products or redemptions of items stored as Cards Saved to Android Pay, in accordance with such agreements. In the event of any inconsistency between these Terms of Service and your agreement with the issuer of your Funding Account, Payment Instrument or redeemable Card Saved to Android Pay, these Terms of Service govern the relationship between you and GPC solely with respect to the Services, and your agreement with the issuer of your Funding Account, Payment Instrument or Card Saved to Android Pay governs the relationship between you and the issuer of such item. You acknowledge and agree that you are solely responsible for the Funding Account Payment Instrument or for Cards Saved to Android Pay, and any other information you enter or otherwise store in Android Pay or Buy with Google. GPC is not responsible for the accuracy or availability of any information you enter or otherwise store with the Services, including, without limitation, whether such information is current and up-to-date.<br />
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7.5 Communication with Issuers<br />
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By electing to use Android Pay or Buy with Google, you authorize GPC, directly or through such Service, to communicate with the issuer of your Funding Account, Payment Instrument, or Card Saved to Android Pay, to provide or obtain any information required by that issuer. In providing this information, an issuer does not endorse and is not responsible for Android Pay or Buy with Google.<br />
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7.6 Third Party Providers<br />
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GPC may have arranged for third party providers to provide products or services to you through the Services ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use the Services, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through the Services, which may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider, not GPC.<br />
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7.7 Advertising<br />
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Some of the Services' features may be supported by advertising revenue and may display advertisements and promotions. In consideration for GPC granting you access to and use of the Services, you agree that GPC may place such advertising. In addition, you may have the choice to opt-in to allowing information from the Services to be used by GPC and Google, in order to present you with more relevant advertising, as well as more relevant items for you to store and/or redeem as Cards Saved to Android Pay.<br />
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7.8 Third Party Fees<br />
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You are responsible for any fees charged by your telecommunications provider, Payment Instrument, or Save to Android Pay issuer, merchant, or any other third party in connection with your use of the Services.<br />
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7.9 No Extension of Credit<br />
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Neither the Android Pay Virtual Card nor the Google Wallet Online Card is a credit card, and GPC and Bancorp are not extending credit in connection with your use of the Android Pay Virtual Card or the Google Wallet Online Card.<br />
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7.10 No Relationship with Issuer of Payment Instruments<br />
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Use of the Services is not approved by or offered in conjunction with the issuer of your Funding Account or Payment Instrument. Your Funding Account or Payment Instrument issuer may impose fees, transaction limits, or other limitations on transactions incurred using the Services.<br />
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7.11 Instruction Regarding Consumer Reports<br />
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You instruct and authorize GPC to obtain consumer reports about you, as the term "consumer reports" is defined under the Fair Credit Reporting Act, and to use the information contained in such consumer reports to evaluate your prospective or ongoing eligibility to use the Services, to detect and prevent fraud, and to create, evaluate, and modify GPC risk management and mitigation tools, and to otherwise improve GPC's Services.<br />
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8. Privacy<br />
You understand and agree that personal information provided to Google or GPC in connection with the Services is subject to the Google Payments Privacy Notice: https://payments.google.com/files/privacy.html. By agreeing to these Terms of Service you hereby agree to the Google Payments Privacy Notice, which may be updated by Google or GPC from time to time. You understand and agree that, to the extent permitted by Applicable Law, any data you provide to GPC in connection with the Services may be shared with Google and, conversely, any data you provide to Google in connection with the Services may be shared with GPC.<br />
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You may opt-in to providing location data through your mobile device so that GPC can provide you with more relevant advertising, payment information, or more relevant items for you to store as Cards Saved to Android Pay based on your location. If you opt-in to providing location data, you consent to the collection, use, sharing, and onward transfer of location data, as further set forth in the Google Privacy Policy.<br />
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9. Username and Password Information<br />
You are responsible for:<br />
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(a) maintaining the confidentiality of your username and password,<br />
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(b) any and all transactions by persons that you give access to or that otherwise use such username or password, and<br />
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(c) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Services of which you have knowledge.<br />
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If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business' user name and password.<br />
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10. Electronic Communications<br />
GPC, Google Wallet, and Third Party Providers may be required to provide certain disclosures, notices and communications (collectively "Communications") to you in written form. Pursuant to these Terms of Service, we will deliver such Communications to you in electronic form. Your agreement to these Terms of Service confirms your ability and consent to receive such Communications electronically, rather than in paper form.<br />
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10.1 Electronic delivery of communications<br />
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You agree and consent to receive electronically all Communications provided to you in connection with your Google Payments Account and your use of the Services. Communications include:<br />
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(a) agreements and policies you must agree to in order to use the Services (e.g., these Terms of Service and the Google Payments Privacy Notice), including updates to those agreements and policies;<br />
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(b) payment authorizations and transaction receipts or confirmations;<br />
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(c) account statements and history; and,<br />
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(d) all other communications or documents related to or about your account and your use of the Services.<br />
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Electronic Communications shall be deemed to be received by you upon delivery in the following manner:<br />
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(a) posting them to your Google Payments Account on the Google Payments or Google Wallet website or in an associated mobile application;<<br />
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(b) posting them on or in a website or mobile application associated with Google or the Services;<br />
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(c) sending them via electronic mail to the email address you used to create your Google and Google Payments Account registrations; or<br />
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(d) otherwise communicating them to you via the Services.<br />
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It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to under these Terms of Service, provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).<br />
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You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.<br />
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10.2 Hardware and software requirements<br />
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In order to access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:<br />
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(a) a computer or mobile device with Internet or mobile connectivity;<br />
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(b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;<br />
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(c) the appropriate mobile application, in the case of Communications delivered through such application,<br />
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d) software capable of opening documents in PDF format;<br />
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(e) access to the valid email address you used to create your Google and Google Payments Account registrations; and,<br />
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(f) sufficient storage space to save past Communications or a printer to print them.<br />
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By giving your consent to these Terms of Service, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications referenced in these Terms of Services for your records.<br />
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10.3 Requesting additional copies and withdrawing consent<br />
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The following additional terms will apply to such electronic Communications:<br />
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(a) you may contact GPC, Google Wallet or the Third Party Provider, as applicable, to request another electronic copy of the electronic Communication without a fee;<br />
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(b) you may request a paper copy of such electronic Communication within ninety days of the original Communication issuance date, and GPC, Google Wallet or the Third Party Provider, as applicable, reserves the right to charge a fee to provide such paper copy;<br />
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(c) you may contact Google to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications; and<br />
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(d) GPC or the Third Party Provider reserves the right to terminate your use of the Services and the associated Third Party Provider products and services if you decline or withdraw consent to receive electronic Communications.<br />
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You may contact GPC in relation to this Section 10 by logging in to your Google Payments Account at payments.google.com, selecting the Help link, and then selecting Contact Us.<br />
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11. Termination of Service<br />
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.<br />
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Upon termination of your use of the Services, you remain liable for all Payment Transactions, P2P Payments and any other obligations you have incurred under these Terms of Service. Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors).<br />
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12. Responsibility for Taxes<br />
The reporting and payment of any applicable taxes arising from the use of the Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with Payment Transactions made through the Services, or income received through P2P Payments.<br />
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13. No Endorsement of Products<br />
GPC and Google do not represent or endorse, and shall not be responsible for:<br />
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(a) the reliability or performance of any Seller, merchant or Third Party Provider;<br />
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(b) the safety, quality, accuracy, reliability, integrity or legality of any Product, Offer, Loyalty Program, or other items that may be stored and/or redeemed as Cards Saved to Android Pay;<br />
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(c) the truth or accuracy of the description of any Product or Card Saved to Android Pay, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the Services, or the Google Web Sites; or<br />
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(d) your ability to buy or redeem Products or Cards Saved to Android Pay using the Services. GPC and Google hereby disclaim any liability or responsibility for errors or omissions in any Content in the Services. GPC and Google reserve the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms of Service.<br />
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14. Indemnification<br />
You agree to indemnify, defend and hold harmless GPC, Google, and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation, Bancorp, and Paymentech, L.P. and relevant Customers) (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:<br />
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(a) your use of the Services;<br />
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(b) any breach or non-compliance by you of any term of these Terms of Service or any GPC Party policies;<br />
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(c) any dispute or litigation caused by your actions or omissions; or<br />
<br />
(d) your negligence or violation or alleged violation of any Applicable Law or rights of a third party.<br />
<br />
15. Disclaimer<br />
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GPC, GOOGLE, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, "GPC PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH GPC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GPC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE GPC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, P2P PAYMENTS OR THE SERVICES.<br />
<br />
THE GPC PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT OR SAVE TO ANDROID PAY INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT OR SAVE TO ANDROID PAY ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.<br />
<br />
16. Limitations of Liability; Force Majeure<br />
IN NO EVENT SHALL ANY GPC PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GPC PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GPC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE GPC PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED THE NET FEES GPC HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.<br />
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Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no GPC Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.<br />
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17. Governing Law<br />
These Terms of Service shall be governed by the laws of California, except for California's choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.<br />
<br />
18. Notice<br />
In addition to the electronic communications authorized under the Section entitled, "Electronic Communications", statements, notices and other communications to you may be made by mail, email, postings on the Google Web Sites or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Google Web Sites. Notice to GPC and Google may be made by mail to:<br />
<br />
Google Inc.<br />
Attn: Google Payments<br />
1600 Amphitheatre Parkway<br />
Mountain View, CA 94043<br />
<br />
19. Modification of Terms of Service<br />
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.<br />
<br />
20. Assignment<br />
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.<br />
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21. Survival<br />
Upon termination of your use of the Services or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 3.2, 3.8, 3.9, and 10 through 23.<br />
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22. English Language Controls<br />
Any translation of these Terms of Service is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.<br />
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23. Other Provisions<br />
The failure of GPC or Google to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including GPC's or Google policies governing the Services referenced herein, constitute the entire agreement between you and GPC with respect to the use of the Services. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and GPC, Google, and other GPC affiliates which each shall be a third party beneficiary of these Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2468
My Legal Life
2015-10-12T01:44:44Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]<br />
<br />
October 11, 2015<br />
* [[Google Payments]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Apple_OS_X_El_Capitan&diff=2467
Apple OS X El Capitan
2015-10-05T23:30:39Z
<p>Brianegge: Created page with "ENGLISH APPLE INC. SOFTWARE LICENSE AGREEMENT FOR OS X EL CAPITAN For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE U..."</p>
<hr />
<div>ENGLISH<br />
<br />
APPLE INC.<br />
SOFTWARE LICENSE AGREEMENT FOR OS X EL CAPITAN<br />
For use on Apple-branded Systems<br />
<br />
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.<br />
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IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.<br />
<br />
1. General.<br />
A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product.<br />
<br />
B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.<br />
<br />
C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.<br />
<br />
2. Permitted License Uses and Restrictions.<br />
A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware.<br />
<br />
B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store, then subject to the terms and conditions of this License and as permitted by the Mac App Store Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license:<br />
<br />
(i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running OS X Yosemite, OS X Mavericks, OS X Mountain Lion, OS X Lion or OS X Snow Leopard (“Mac Computer”) that you own or control;<br />
<br />
(ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and<br />
<br />
(iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using OS X Server; or (d) personal, non-commercial use.<br />
<br />
The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services.<br />
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C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license.<br />
<br />
D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID.<br />
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E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel.<br />
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F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context.<br />
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G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. Printing from Apple Print Services is subject to the Print Services terms and conditions located at: http://www.apple.com/internetservices/terms/membership_terms.html. Apple Print services may not be available for all areas. Please check the preferences and consult the user documentation for the Apple Software for more information.<br />
<br />
H. Remote Desktop Connections. Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means:<br />
<br />
(i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and<br />
<br />
(ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but<br />
<br />
(iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software.<br />
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Except as expressly permitted in this Section 2H, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties.<br />
<br />
I. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software.<br />
<br />
J. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof.<br />
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K. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services.<br />
<br />
L. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty.<br />
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M. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software).<br />
<br />
N. Compliance with Laws. You agree to use the Apple Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services.<br />
<br />
O. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products.<br />
<br />
P. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences.<br />
<br />
3. Transfer.<br />
A. If you obtained the Apple Software preinstalled on Apple-branded hardware, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts, printed materials and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software accepts the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.11 to 10.11.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software.<br />
<br />
B. If you obtained your license to the Apple Software from the Mac App Store, it is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so, and you may restore your system to the version of the Apple operating system software that originally came with your Apple hardware (the “Original Apple OS”) and permanently transfer the Original Apple OS together with your Apple hardware, provided that: (i) the transfer must include all of the Original Apple OS, including all its component parts, printed materials and its license; (ii) you do not retain any copies of the Original Apple OS, full or partial, including copies stored on a computer or other storage device; and (iii) the party receiving the Original Apple OS reads and agrees to accept the terms and conditions of the Original Apple OS license.<br />
<br />
C. You may not transfer any Apple Software that has been modified or replaced under Section 2L above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware.<br />
<br />
D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.<br />
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4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you. When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Diagnostics & Usage, Location Services, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used. You can learn more by visiting http://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/.<br />
<br />
5. Services and Third Party Materials.<br />
A. General. The Apple Software may enable access to Apple's iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, "Services"). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest iTunes Store Terms and Conditions or Game Center Terms and Conditions, which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/internet-services/icloud/ww/, respectively.<br />
<br />
B. If you sign up for iCloud, certain iCloud features like “iCloud Drive”, “My Photo Stream”, “iCloud Photo Sharing” and “Find My Mac” may be accessed directly from the Apple Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: http://www.apple.com/legal/internet-services/icloud/ww/.<br />
<br />
C. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information to provide and improve the Maps features and service, and other Apple products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. <br />
<br />
D. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.<br />
<br />
E. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.<br />
<br />
F. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths.<br />
<br />
G. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.<br />
<br />
H. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.<br />
<br />
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination.<br />
<br />
7. Disclaimer of Warranties.<br />
A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.<br />
<br />
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.<br />
<br />
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.<br />
<br />
D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.<br />
<br />
E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.<br />
<br />
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.<br />
<br />
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.<br />
<br />
9. Digital Certificates. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority.<br />
<br />
10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.<br />
<br />
11. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.<br />
<br />
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.<br />
<br />
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.<br />
<br />
14. Third Party Acknowledgements.<br />
A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http://www.google.com/terms_of_service.html) and to Google's Privacy Policy (http://www.google.com/privacypolicy.html).<br />
<br />
B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software.<br />
<br />
C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.<br />
<br />
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.<br />
<br />
D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.<br />
<br />
E. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.<br />
<br />
F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues.<br />
<br />
G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at http://www.adobe.com.<br />
<br />
15. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela.<br />
<br />
EA1305<br />
Rev. 8/27/2015</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2466
My Legal Life
2015-10-05T23:30:26Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]<br />
<br />
October 5, 2015<br />
* [[Apple OS X El Capitan]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=GEICO&diff=2465
GEICO
2015-09-26T12:11:08Z
<p>Brianegge: Created page with "Electronic Billing and Document Delivery Agreement The parties to this Agreement (the "Parties") are the policyholder, or prospective policyholder, ("Policyholder" or "you") ..."</p>
<hr />
<div>Electronic Billing and Document Delivery Agreement<br />
<br />
The parties to this Agreement (the "Parties") are the policyholder, or prospective policyholder, ("Policyholder" or "you") and null (collectively "GEICO" or "we"), who agree as follows:<br />
<br />
You agree to have GEICO electronically deliver to you documents, records, and information ("Documents") if you have signed up for Paperless Policy, and/or billing statements ("Bills") if you have signed up for Paperless Billing, until such time as either party modifies or cancels this Agreement. You will receive these electronic Documents and/or Bills instead of paper documents.<br />
You will receive an email when the Documents and/or Bills are available and you can view them by logging into service.geico.com with your password.<br />
We may issue some notices or documents by print mail and not by electronic delivery. Examples of such documents are cancellation notices, and in some states, ID cards.<br />
At any time while this Agreement is effective, you may obtain a paper copy of a particular Document or Bill at no charge by calling GEICO at 1-800-841-3000 and requesting a copy.<br />
You may terminate this Agreement at any time by changing your delivery preferences online. After the termination is processed by us, which may take up to ten (10) days, all future Documents or Bills, as the case may be, will be provided to you in paper form. Termination of this Agreement shall not affect the legal enforceability of Documents or Bills provided to you before the effective date of the cancellation.<br />
You may update your information, such as change your email address, at any time by accessing Personal Information at service.geico.com.<br />
To access the site and obtain Documents or Bills electronically, you will need access to the World Wide Web (Internet) and a security-enabled web browser, with 128-bit encryption installed such as Chrome 35+, Firefox 30+, Safari 7+, or Internet Explorer 8+. The information you send to us is encrypted. We use an industry standard Secure Socket Layer to allow for encryption of sensitive personal information such as name, address, credit card, or bank account information you have been requested to provide online. You will also need an email address, as well as Adobe Acrobat Reader® that can be downloaded directly from our website if you do not have it on your computer. You will need a printer if you wish to print out your documents.<br />
You are responsible for accessing, opening, and reading your Documents or Bills. When you enroll in Paperless Policy, your contract will remain available as long as the policy is in force. Any endorsements or amendments to your policy contract and/or Bills will be retained for your current policy term and one prior policy term. While they're available online, you can print your policy documents or save them to your computer for any future access. Electronic Documents and Bills have the same legal effect as printed ones. If you cannot access or read any Documents or Bills, you must contact GEICO.<br />
GEICO may amend the terms of this Agreement at any time by providing notice to you of the amendments. If you do not agree with the terms of the amendment, you can terminate this Agreement as described in section 5.<br />
GEICO does not warrant that the delivery of electronic Documents and Bills will be uninterrupted or error free. We are not liable for: any loss or damage arising from problems with your equipment or your telecommunications provider; your failure to meet your responsibilities as outlined herein; or any equipment problems or other occurrences beyond our reasonable control.<br />
By accepting this Agreement you acknowledge that you have read, understand, and agree to the terms and conditions of this Agreement. This Agreement is effective when we electronically receive your acceptance.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2464
My Legal Life
2015-09-26T12:10:58Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]<br />
* [[GEICO]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Apple_iOS&diff=2463
Apple iOS
2015-09-26T11:14:29Z
<p>Brianegge: Created page with "ENGLISH IMPORTANT: BY USING YOUR iPHONE, iPAD OR iPOD TOUCH (“iOS DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS: A. APPLE iOS SOFTWARE LICENSE AGR..."</p>
<hr />
<div>ENGLISH<br />
<br />
IMPORTANT: BY USING YOUR iPHONE, iPAD OR iPOD TOUCH (“iOS DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:<br />
<br />
A. APPLE iOS SOFTWARE LICENSE AGREEMENT<br />
B. APPLE PAY SUPPLEMENTAL TERMS<br />
C. NOTICES FROM APPLE<br />
<br />
APPLE INC. <br />
iOS SOFTWARE LICENSE AGREEMENT<br />
Single Use License<br />
<br />
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR iOS DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR iOS DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE iOS DEVICE OR DOWNLOAD THE SOFTWARE UPDATE. <br />
<br />
IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/.<br />
<br />
1. General. <br />
(a) The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your iOS Device (“Original iOS Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple (“iOS Software Updates”), whether in read only memory, on any other media or in any other form (the Original iOS Software and iOS Software Updates are collectively referred to as the “iOS Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded app that may be pre-installed on your iOS Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.<br />
<br />
(b) Apple, at its discretion, may make available future iOS Software Updates for your iOS Device. The iOS Software Updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS Devices. The terms of this License will govern any iOS Software Updates provided by Apple that replace and/or supplement the Original iOS Software product, unless such iOS Software Update is accompanied by a separate license in which case the terms of that license will govern.<br />
<br />
2. Permitted License Uses and Restrictions. <br />
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iOS Software on a single Apple-branded iOS Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Apple, this License does not allow the iOS Software to exist on more than one Apple-branded iOS Device at a time, and you may not distribute or make the iOS Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with iOS Devices. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and accessories for iOS Devices, please visit https://developer.apple.com/programs/mfi/. For more information on developing software applications for iOS Devices, please visit https://developer.apple.com.<br />
<br />
(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download iOS Software Updates that may be made available by Apple for your model of the iOS Device to update or restore the software on any such iOS Device that you own or control. This License does not allow you to update or restore any iOS Device that you do not control or own, and you may not distribute or make the iOS Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an iOS Software Update to your computer, you may make one copy of the iOS Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. <br />
<br />
(c) To the extent that Apple has preinstalled Apple-branded apps from the App Store on your iOS Device at the time of purchase (“Preinstalled Apps”), you will need to log into the App Store and associate these Preinstalled Apps with your App Store account in order to use them on your iOS Device. When you associate a Preinstalled App with your App Store account, you will at the same time be automatically associating all other Preinstalled Apps on your iOS Device. By choosing to associate the Preinstalled Apps with your App Store account, you agree that Apple may transmit, collect, maintain, process and use both the Apple ID used by your App Store account and a unique hardware identifier collected from your iOS Device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Preinstalled Apps through the App Store. If you do not wish to use a Preinstalled App, you can delete it from your iOS Device at any time.<br />
<br />
(d) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iOS Software or any services provided by the iOS Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the iOS Software).<br />
<br />
(e) The iOS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your iOS Device belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. <br />
<br />
(f) You agree to use the iOS Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the iOS Software and Services. Features of the iOS Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for some features of the iOS Software and Services such as FaceTime or iMessage.<br />
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(g) Use of the App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access app updates and certain features of the iOS Software and Services. In addition, you acknowledge that many features, built-in apps, and Services of the iOS Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. You can view and control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed under Cellular Data Settings. For more information, please consult the User Guide for your iOS Device.<br />
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(h) If you choose to allow automatic app updates, your iOS Device will periodically check with Apple for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device. You can turn off the automatic app updates altogether at any time by going to Settings, tap iTunes & App Store, and under Automatic Downloads, turn off Updates.<br />
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(i) Using your iOS Device in some circumstances can distract you and may cause a dangerous situation (for example, avoid typing a text message while driving a car or using headphones while riding a bicycle). By using your iOS Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use hands-free options for making calls when driving).<br />
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3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iOS Software. You may, however, make a one-time permanent transfer of all of your license rights to the iOS Software to another party in connection with the transfer of ownership of your iOS Device, provided that: (a) the transfer must include your iOS Device and all of the iOS Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the iOS Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the iOS Software reads and agrees to accept the terms and conditions of this License.<br />
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4. Consent to Use of Data. When you use your device, your phone number and certain unique identifiers for your iOS Device are sent to Apple in order to allow others to reach you by your phone number when using various communication features of the iOS Software, such as iMessage and FaceTime. When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time. You may turn off FaceTime or iMessage by going to the FaceTime or Messages settings on your iOS Device. Other iOS Software features may require information from your iOS Device. You can find more information on which features send information to Apple, what information they send and how it may be used, when you turn on or use these features, or by visiting http://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/.<br />
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5. Services and Third Party Materials. <br />
(a) The iOS Software may enable access to Apple’s iTunes Store, App Store, iBooks Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Apple ID, or other Apple Service, you agree to the applicable terms of service for that Service, such as the latest iTunes Store Terms and Conditions, latest iBooks Store Terms and Conditions for the country in which you access such Store(s) or Game Center Terms and Conditions, which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/internet-services/icloud/ww/, respectively. <br />
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(b) If you sign up for iCloud, certain iCloud features like “iCloud Photo Library”, “My Photo Stream”, “iCloud Photo Sharing”, “Back Up” and “Find My iPhone” may be accessed directly from the iOS Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: http://www.apple.com/legal/internet-services/icloud/ww/.<br />
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(c) Maps. The maps service and features of the iOS Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as turn-by-turn navigation, traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your iOS Device, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve the Maps features and service, and other Apple products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your iOS Device and turning off the individual location setting for Maps. Certain Maps features will however be unavailable if you disable the Location Services setting, such as turn-by-turn navigation.<br />
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(d) iBooks; Podcasts. If you choose to use the sync feature of the iBooks and Podcasts apps to synchronize your bookmarks, notes, collections and podcast subscription data across your iOS Devices and computers, you acknowledge that such data will be sent to Apple and stored in conjunction with the Apple ID you use for the iBooks Store or iTunes Store, in order to sync such data to your other devices and computers that are authorized to access content through that Apple ID. You can turn off syncing at any time by going to Settings and changing the syncing options for the iBooks and Podcasts apps, respectively.<br />
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(e) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. <br />
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(f) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. <br />
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(g) Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths.<br />
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(h) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.<br />
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(i) In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the iOS Device are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your iOS Device may cause metadata, including photo location data, to be transmitted with the photos. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. <br />
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6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the iOS Software. Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.<br />
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7. Disclaimer of Warranties. <br />
7.1 If you are a customer who is a consumer (someone who uses the iOS Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.<br />
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7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iOS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE iOS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. <br />
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7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iOS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. <br />
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7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iOS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE iOS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iOS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iOS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS iOS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. <br />
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7.5 YOU FURTHER ACKNOWLEDGE THAT THE iOS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE iOS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. <br />
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7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iOS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. <br />
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8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iOS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.<br />
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9. Digital Certificates. The iOS Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. <br />
10. Export Control. You may not use or otherwise export or re-export the iOS Software except as authorized by United States law and the laws of the jurisdiction(s) in which the iOS Software was obtained. In particular, but without limitation, the iOS Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the iOS Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the iOS Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.<br />
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11. Government End Users. The iOS Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.<br />
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12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. <br />
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13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the iOS Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.<br />
14. Third Party Acknowledgements. Portions of the iOS Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the iOS Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http://www.google.com/terms_of_service.html) and to Google’s Privacy Policy (http://www.google.com/privacypolicy.html).<br />
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15. Use of MPEG-4; H.264/AVC Notice. <br />
(a) The iOS Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.<br />
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(b) The iOS Software contains MPEG-4 video encoding and/or decoding functionality. The iOS Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com. <br />
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(c) The iOS Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE iOS SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. <br />
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16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela.<br />
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17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iOS Software is licensed only for over-the-air synchronization of information, such as email, contacts, calendar and tasks, between your iOS and Microsoft Exchange Server or other server software licensed by Microsoft to implement the Microsoft Exchange ActiveSync protocol.<br />
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EA1304<br />
07/21/2015<br />
<br />
-------------------------<br />
Apple Pay Supplemental Terms and Conditions<br />
<br />
These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the iOS Software License Agreement (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature. Capitalized terms used in these Supplemental Terms have the meanings set forth in the License.<br />
<br />
1 Overview and Use Restrictions<br />
<br />
Apple Pay allows you to store virtual representations of credit and debit cards, including store credit and debit cards, which are supported by the Apple Pay feature (“Supported Payment Cards”) and use supported iOS Devices to make contactless payments in select stores or within apps. Apple Pay also allows you to use rewards cards that are stored in Wallet, including those that contain stored value (“Apple Pay-Enabled Rewards Cards”, and together with Supported Payment Cards, “Supported Cards”), to make contactless rewards cards transactions in select stores as part of a contactless payment using Apple Pay. The Apple Pay features of the iOS Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant. <br />
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In order to use Apple Pay, you must have a card supported by the Apple Pay feature. Supported Cards may change from time to time. Supported Payment Cards require an active iCloud account in order to use this feature. Supported Cards are only available to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the Supported Card which you are trying to provision. <br />
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Apple Pay is intended for your personal use and you may only provision your own Supported Cards. If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature.<br />
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You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the License and these Supplemental Terms. You further agree to use Apple Pay in accordance with applicable law and regulation. You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). <br />
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2 Apple’s Relationship With You<br />
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Apple Pay enables you to create a virtual representation of your Supported Payment Cards on your supported iOS Device and use Apple Pay-Enabled Rewards Cards as part of a payment, however Apple does not process payments or rewards cards transactions (such as reward accrual and redemption), or have any other control over payments, returns, refunds, rewards, value, discounts or other commerce activity that may arise out of your use of this feature. The terms of cardholder agreements you may have in place with your issuing bank will continue to govern your use of your Supported Payment Cards and their use in connection with Apple Pay. Similarly, your participation in any merchant rewards or stored value programs and your use of Apple Pay-Enabled Rewards Cards in connection with Apple Pay will be subject to such merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your iOS Device.<br />
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You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the content, accuracy or unavailability of any payment cards, rewards cards, stored value cards, commerce activities, transactions or purchases while using Apple Pay functionality, nor is Apple in any way involved in the issuance of credit or assessing eligibility for credit, or the accrual or redemption of rewards under a merchant’s rewards program. For all disputes or questions about payment cards, rewards cards, stored value cards, or associated commerce activity, please contact your issuer or the applicable merchant.<br />
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3 Privacy<br />
<br />
Apple Pay requires some information from your iOS Device in order to offer the full experience. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy or by visiting http://www.apple.com/privacy.<br />
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4 Security; Lost or Disabled Devices<br />
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Apple Pay stores virtual representations of your Supported Payment Cards and should be protected as you would protect your physical credit and debit cards. Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID may result in their ability to make payments and receive or redeem rewards using Apple Pay on your device. You are solely responsible for maintaining the security of your device and of your passcode. You agree that Apple does not have any responsibility if you lose or share access to your device. You agree that Apple does not have any responsibility if you make unauthorized modifications to iOS (such as by way of a “jailbreak”).<br />
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If your device is lost or stolen and you have Find My iPhone enabled, you can use Find My iPhone to attempt to suspend the ability to pay with the virtual credit and debit cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual credit and debit cards on the device and will also attempt to remove the Apple Pay-Enabled Rewards Cards. You should also contact the bank who issued your credit and debit cards and the merchant who issued your rewards or stored value cards in order to prevent unauthorized access to your virtual Supported Cards.<br />
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If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe.<br />
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5 Limitation of Liability<br />
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IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY.<br />
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NOTICES FROM APPLE<br />
If Apple needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2462
My Legal Life
2015-09-26T11:14:21Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]<br />
<br />
September 26, 2015<br />
* [[Apple iOS]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Starbucks&diff=2461
Starbucks
2015-09-24T02:22:55Z
<p>Brianegge: Created page with "Starbucks TERMS OF USE USE OF THIS STARBUCKS MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED ..."</p>
<hr />
<div>Starbucks <br />
<br />
<br />
TERMS OF USE<br />
<br />
USE OF THIS STARBUCKS MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND STARBUCKS CORPORATION (D/B/A STARBUCKS COFFEE COMPANY) ("STARBUCKS") GOVERNING THE USE OF THE APPLICATION. BY DOWNLOADING OR INSTALLING THIS APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.<br />
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Eligibility<br />
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The Application may only be used by individuals aged thirteen (13) years or older. If the User is thirteen (13) years or older but under the age of eighteen (18) years, User should review these Terms with User’s parent or guardian to make sure the User and User’s parent or guardian understand them. User represent and warrants that (a) he/she is 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 (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.<br />
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Apple Terms and Conditions; Starbucks Policies<br />
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These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Starbucks policies, including My Starbucks Rewards™, posted at www.starbucks.com (“Starbucks Website”). If any of the provisions of the Apple Terms and Conditions or the any applicable Starbucks policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application. <br />
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User License<br />
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Subject to these Terms, Starbucks grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an iOS product (a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. These Terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.<br />
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Mobile Payment<br />
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Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to purchase Starbucks products in the same manner as is possible with a Starbucks stored value card (“Starbucks Card”) in accordance with the Starbucks Card Terms and Conditions (located at www.starbucks.com/card/card-terms-and-conditions) (“Mobile Payment”). Mobile Payment is accepted at all company operated Starbucks retail locations and some Starbucks licensed stores. Starbucks reserves the right at any time to discontinue Mobile Payment or change the location of stores accepting Mobile Payment. <br />
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Mobile Order and Pay (MOP)<br />
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Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User in certain Starbucks retail locations in certain markets to use the Application to order and pay for certain Starbucks products using a Starbucks Card prior to arrival at the store (“MOP”). Starbucks reserves the right at any time to discontinue MOP or change the location of stores accepting MOP. <br />
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User Information <br />
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Some functionality of the Application, including Mobile Payment, MOP, location-based services and functionality, iBeacons or other location-based technology to enhance the user experience, and access of User’s address book may require the transmission of information provided by the User including user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), information related to a Starbucks Card, or GPS location (“User Information”). In order to use certain Application functionality, such as MOP and location-based services and technology, User must either (a) enable “location services” in the Application; and/or (b) set the permissions in his or her mobile device to allow communication of this information. If the User uses such Application functionality, the User consents to the transmission of User Information to Starbucks and/or its agents and authorizes Starbucks and/or its agents to record, process, and store such User Information as necessary for the Application functionality and for purposes described in the Starbucks Privacy Policy (located at www.starbucks.com/about-us/company-information/online-policies/privacy-policy). Please see the Privacy Policy for more information about how we may use and store such User Information, and how to opt out of sharing User Information, including GPS location. <br />
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The User is solely responsible for maintenance of the confidentiality and security of any User Information which the User transmitted from or stored on a Device for purposes of the Application, including Mobile Payment and MOP, for all transactions and other activities undertaken with any Starbucks Card registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify Starbucks of any unauthorized transactions associated with the Application including Mobile Payment and MOP or any other breach of security. Starbucks shall not be responsible for any losses arising out of the loss or theft of User Information which the User transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with Application. <br />
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Email Communications and Push Notifications<br />
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If a User signs up for a Starbucks account using the Application, the User is, by default, opted in to receive promotional email communications from Starbucks (“Email Communications”). The User may, at the time of sign up, opt out of receiving Email Communications from Starbucks. Thereafter, the User may opt out of receiving Email Communications solely by adjusting the User’s profile settings in the User’s Starbucks account via www.starbucks.com. <br />
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Similarly, upon download of this Application, the User is, provided the option to opt into receive push notifications from Starbucks on their Device and within the Application. This may include promotional communications, Pick of the Week offers, and system messages pushed to the Device or within the Application mailbox (“Push Notifications”). The User may, at any time following download of this Application, opt out of receiving Push Notifications by type by adjusting the “Starbucks Notifications” switch within the Application settings to “off", or within the Device’s settings application under "Notifications" to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email Communications.<br />
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Acceptable Use<br />
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User’s use of the Application, any Content, and User Information transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access Starbucks or Content that is not authorized by Starbucks; (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Starbucks or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to Starbucks computer network or user accounts; (g) encourages in conduct that would constitute a criminal offense or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Starbucks servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). Starbucks reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Mobile Payment or MOP, remove Content, or assert legal action with respect to Content or use of the Application, including Mobile Payment and MOP, that Starbucks reasonably believes is or might be in violation of these Terms, Apple Terms, or Starbucks policies including the Starbucks Card Terms of Use. Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. Starbucks requests that Users not use the Application, including that they not place orders through MOP, while driving.<br />
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Indemnification<br />
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At Starbucks request, the User agrees to defend, indemnify, and hold harmless Starbucks, its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application (including Mobile Payment or MOP), violation of these Terms, or violation of any rights of a third party. Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Starbucks, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.<br />
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Warranties; Disclaimers<br />
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STARBUCKS IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, STARBUCKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION OR MOP ORDERS TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF MOBILE PAYMENT AND MOP) WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED, THAT MOP ORDERS WILL BE AS PLACED OR READY AT THE SUGGESTED TIME, OR THAT ANY PARTICULAR ITEM ORDERED WILL BE AVAILABLE. <br />
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In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Starbucks sole responsibility. Additionally, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Starbucks, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application.<br />
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No Liability<br />
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TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL STARBUCKS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION PARTICIPATION IN MOBILE PAYMENT OR MOP; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION IN MOBILE PAYMENT OR MOP.<br />
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Marks, Application and Content<br />
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Starbucks Coffee Company, Starbucks, the Starbucks logo, and other Starbucks trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of Starbucks Corporation (collectively “Starbucks Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Starbucks Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Starbucks or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2460
My Legal Life
2015-09-24T02:22:44Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 3, 2015<br />
* [[Starbucks]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Goodreads_Giveaway&diff=2459
Goodreads Giveaway
2015-09-24T01:29:54Z
<p>Brianegge: Created page with "NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN. Sponsor is offering a prize to one or more randomly drawn individuals who enter during the entry period. See the linked announ..."</p>
<hr />
<div>NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN.<br />
Sponsor is offering a prize to one or more randomly drawn individuals who enter during the entry period. See the linked announcement for prize details and the number of winners. Winners will be notified by Goodreads typically within five (5) business days of the drawing. Prize(s) will be fulfilled by Sponsor, and if you are a winner, Sponsor will use the shipping address you select for the promotion to fulfill your prize. A prize is typically shipped within two to three weeks of the drawing.<br />
The odds of being selected as a winner depend on the number of entries received.<br />
You must be the older of 18 years of age or the legal age of majority in your state or jurisdiction of residence at the time of entry. You must have a Goodreads.com account in order to enter. Limit one entry per person and Goodreads.com account and household.<br />
Sponsor, Goodreads, and each of their affiliates’ employees and their immediate family members are not eligible to participate.<br />
Sponsor and Goodreads reserve the right to cancel or modify this promotion at any time.<br />
By entering the promotion you agree that Sponsor and Goodreads, and each of their respective affiliates, will have no liability, and will be held harmless from and against any liability or loss, including reasonable attorney’s fees and costs, for all matters related to your acceptance, possession, experience with, use or misuse of the prize or participation in the promotion.<br />
The Sponsor of the promotion is the author, publisher, or other individual or entity that lists the promotion. Goodreads is not a sponsor of the promotion.<br />
Privacy Notice: All information submitted in connection with this promotion will be treated in accordance with these Giveaway Terms and Conditions and Goodreads’ Privacy Policy.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2458
My Legal Life
2015-09-24T01:29:45Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Goodreads Giveaway]]<br />
* [[Global Online Enrollment System]]</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=Global_Online_Enrollment_System&diff=2457
Global Online Enrollment System
2015-09-24T01:08:54Z
<p>Brianegge: Created page with "Terms and Conditions You are entering an Official United States Government System, which may be used only for authorized purposes. The Government may monitor and audit usage ..."</p>
<hr />
<div>Terms and Conditions<br />
<br />
You are entering an Official United States Government System, which may be used only for authorized purposes. The Government may monitor and audit usage of this system and all persons are hereby notified, that use of this system constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these Web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18 U.S.C. Sec 1001 and 1030.<br />
<br />
Use of this system constitutes consent to the above. IF YOU DO NOT CONSENT, DO NOT CONTINUE.</div>
Brianegge
https://www.theeggeadventure.com/wikimedia/wikimedia/index.php?title=My_Legal_Life&diff=2456
My Legal Life
2015-09-24T01:08:48Z
<p>Brianegge: </p>
<hr />
<div>Starting Aug 22, 2015, I'm going to attempt to record every legal document I am required to sign. Mostly these will be:<br />
* Terms and Conditions<br />
* Limited Liability release Waiver<br />
<br />
August 22, 2015:<br />
* [[uhc.com]]<br />
* [[Apple iCloud]]<br />
* [[Apple Game Center]]<br />
<br />
September 2, 2015<br />
* [[Days Hotel Internet]]<br />
* [[Catalina Express]]<br />
<br />
September 14, 2015<br />
* [[PayPal User Agreement]]<br />
<br />
September 19, 2015<br />
* [[Mac OS X]]<br />
<br />
September 22, 2015<br />
* [[mindcrowd.org]]<br />
<br />
September 23, 2015<br />
* [[Global Online Enrollment System]]</div>
Brianegge