Terms of Use

Last Updated: 4 October 2016

Terms of Use

Please read these Terms of Use (this “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and TouchTunes UK Limited (“Company” or “we” or “us”) concerning your use of (including any access to) the Service.

For the purposes of this Agreement, the “Service” means:

  • the Company website currently located at www.touchtunesjukebox.co.uk as made available in the United Kingdom, together with any materials, content and services made available in connection with such website, and any successor website(s), (collectively, the “Site”);
  • any version of TouchTunes’ application made available by TouchTunes in the United Kingdom (any such version of the TouchTunes application, together with any materials, content (including songs) and services made available in connection with such application, and any UK versions of any successor application, (collectively, the “App”); and
  • TouchTunes’ network of jukeboxes in the United Kingdom, together with any materials, content (including songs) and services made available in connection with such jukeboxes (collectively, the “Network”).

This Agreement incorporates any additional terms and conditions with respect to the Service that are made available by Company to you through the Service or otherwise made available to you by Company in accordance with the terms of this Agreement.

By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by using the Service, you agree to be bound by this Agreement and confirm that you have the legal capacity to enter into this Agreement and are of legal age, or, if you are not, that your parent or guardian with full legal authority to enter into this Agreement on your behalf has accepted this Agreement on your behalf and has consented to your use of the Service.

  • Our Right to Make Changes. We may change this Agreement from time to time for valid reasons by notifying you of such changes by any reasonable means and by making a revised Agreement available through the Service. Any changes to this Agreement will not apply to any dispute between you and us arising prior to the date on which we made available the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your clicking or tapping any button or box marked “Accept,” “Agree” or “OK” (or a similar term) in connection with this Agreement, or your use of the Service, in each case following any changes to this Agreement, will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, (a) modify or discontinue all or part of the Service (including access to the Service via any third-party links) for valid reasons (e.g., to reflect changes in relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements); (b) charge, modify or waive any fees required to use the Service where reasonably necessary; and/or (c) offer opportunities to some or all Service users. We will seek to notify you by any reasonable means of (i) any modifications to the Service that will have a material adverse effect on the use of the Service, taken as a whole; and (ii) any material increase in the fees charged by us to use the Service. We reserve the right to introduce new features or functionality for which the payment of fees may be required and shall notify you of such fees by reasonable means. Such fees will not apply to you unless you accept such new features or functionality.
  • Information Submitted Through the Service. Your submission of information through the Service is governed by this Agreement and the Service’s Privacy Policy, located at Privacy Policy (the “Privacy Policy”). You confirm that any information you provide in connection with the Service is accurate and complete, and that you will maintain and update such information as needed. You also acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate registration information.
  • Jurisdictional Issues. The Service is controlled from the United Kingdom, Canada and/or the United States, and is not intended to subject Company to any jurisdiction or law except as set forth in Section 19 below. The Service may not be appropriate or available for use in some jurisdictions. You must comply with all applicable laws, rules and regulations in connection with your use of the Service. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose, for valid reasons (e.g., to comply with relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements).
  • Rules of Conduct. The Service includes online, mobile and jukebox platforms that are accessed by a community of users across the United Kingdom and we expect all users to behave appropriately when using the Service. In connection with the Service, you must not:
    • Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous or fraudulent; (c) obscene, indecent, pornographic or otherwise objectionable; (d) protected by copyright, trade mark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (e) otherwise prohibited by applicable law.
    • Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
    • Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful.
    • Harvest or collect information about users of the Service.
    • Attempt to identify or contact minors.
    • Use the Service for any commercial solicitation purposes, or transmit through or in connection with the Service, any spam, chain letters or other unsolicited communications.
    • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service (including any content available thereby) or overriding or circumventing any technology we use in an effort to prevent some Service users from communicating with other Service users; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Service.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Company’s express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Service, except to the extent such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trade mark or other proprietary rights notice from the Service.
    • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Company’s express prior written consent.
    • Systematically download and store Service content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Service, without Company’s express prior written consent. However, subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Service (including any applicable device data transmission charges).

  • Resources. The Service may make available information, data, messages, songs, materials, images, descriptions, listings, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by Company or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of any or all of the Resources (including any features, specifications and prices contained therein) and the Service, or any intellectual property rights in such Resources. Resources, and the availability of any Resources (including the validity of any coupon or discount), are subject to change at any time for valid reasons. Except to the extent prohibited under applicable law, we disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Service, or by anyone who may be informed of the content of any Resources. Certain descriptions of Resources are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) regarding your receipt, possession and use of any Resource.
  • Third Party Resources; Links. Certain Service functionality may make available access to Resources made available by third parties, including Submissions (“Third Party Resources”), or allow for the routing or transmission of Third Party Resources, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources. We neither control nor endorse, nor are we responsible for, any Third Party Resources, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights in such Third Party Resources. Certain Third Party Resources may, among other things, be offensive, inaccurate, misleading or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Company with respect to any Third Party Resources. We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the Service at any time. In addition, the availability of any Third Party Resources through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Resources, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Resources is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Resources (such as terms of service or privacy policies of the providers of such Third Party Resources).

  • Transactions and Fees. We may make available the ability to purchase or otherwise obtain certain Resources through the Service (a “Transaction”). Some of the services made available in connection with the Service may be available only upon payment of a fee (“Pay Services”). For example, we may allow you to request the play of a song at a particular jukebox after you pay a specified fee. We may also make it possible for you to pay us for “credits” that you can collect in your account and that you can later use to request songs.

Although we will seek to honour requests for songs or other services that you make through the Service, our ability to provide these services may be affected by a number of factors; examples of such factors include the inherent unreliability of the Internet, the ability of venue staff to skip a song, the length of the queue in which a song is placed or songs playing later than expected. We therefore cannot be responsible if a song that you have requested does not play.

Also, we may allow you to store purchased credits in your Service account (the “Jukebox Credits”). Jukebox Credits may apply only to a particular Company jukebox. In addition, in certain circumstances, we may provide you, without purchase or any charge to you, credits to your account (“Account Credits”), such as credits offered through promotions. You may subsequently apply Account Credits to a particular Company jukebox and at such time the Account Credits would be deemed Jukebox Credits as described above. As with in-person payments made at a particular jukebox, if you purchase Jukebox Credits but do not use those Jukebox Credits to request song plays within a specified period of time, the Jukebox Credits will expire after that specified period of time. If your Jukebox Credits expire, they will not be reapplied to your account. We will describe the expiry date that applies to Jukebox Credits through the Service. Account Credits may also expire after a specified period of time. We will describe any expiry date that applies to Account Credits through the Service.

You should be aware that, to the fullest extent permitted under applicable law, we do not offer refunds for Pay Services under any circumstances, including if a song that you requested fails to play or if credits that you transfer to a jukebox are lost or expire.

If we offer services through the Service that allow you to communicate via wireless networks, we want you to be aware that, in addition to any fees that we charge, your wireless service provider may charge fees for text messages or data transmission. Please consult your wireless carrier for information about any text messaging and data fees that it charges.

You are not authorised to access any Pay Service except if you have paid the appropriate fee, have received Access Credentials (as defined in Section 8 below) from us and are using the Access Credentials that we have provided to you. You may not provide anyone else with assistance in accessing Pay Services on an unauthorised basis, including by sharing your Access Credentials or providing materials that you obtained through Pay Services to third parties.

If you wish to make a Transaction, you may be asked to supply certain relevant information, such as details regarding your method of payment (e.g., your payment card number and its expiry date, or your selection of a third-party payment service (such as PayPal)) and your billing address. You confirm that you have the right to use any payment method (e.g., payment card or payment service) with respect to which you submit information in connection with a Pay Service. By submitting payment information, you grant to us the right to provide such information to third parties for purposes of facilitating payment for Pay Services. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you confirm that the applicable Resources will be used only in a lawful manner.

Company reserves the right (but has no obligation), in each case in our reasonable discretion, at any time and without liability, to change any Pay Services prices; to impose conditions on the honouring of any coupon, discount or similar promotion; and to bar any user from making any Transaction, all for valid reasons. We will seek to notify you by any reasonable means of any of the actions described in the preceding sentence that will have a material adverse effect on the use of the Service, taken as a whole.

You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

In addition to the terms and conditions of these Terms of Use, any Transaction may be governed by terms and conditions separate from these Terms of Use; if so, before entering into any Transaction you agree to be bound by such Transaction terms and conditions. If the terms and conditions for a Transaction irreconcilably conflict with the terms and conditions of these Terms of Use, the Transaction terms and conditions will take precedence with respect to such Transaction to the extent of such conflict.

  • Registration; Access Credentials. You may need to register or otherwise enter a user name, password or other data, information or other credential with respect to the Service, whether provided by you to us or provided to you by us (collectively, “Access Credentials”), to use all or part of the Service. We may reject, or require that you change, any Access Credential that you provide to us, and we may change or terminate any Access Credential that we may provide to you, in each case for any valid reason. Your Access Credentials are for your personal use only in accordance with this Agreement and you should keep your Access Credentials confidential. Company is not responsible for any use or misuse of your Access Credentials caused by your failure to keep your Access Credentials confidential. In each case, you must promptly notify us of any actual or suspected confidentiality breach or unauthorised use of your Access Credentials or your Service account of which you become aware.

When you register for an account in connection with any service offered by the Service, you may be able to use your Access Credentials in connection with other services that we may make available to you in connection with the Service. This Agreement and the Privacy Policy will apply to your use of such services.

  • Submissions. Certain Service functionality may provide users with the ability to make available certain Resources (each, a “Submission”) through or in connection with the Service. Because the Service is a service that is offered to the public and because the Network jukeboxes are located in public places, we cannot guarantee that any Submission that you make available through or in connection with the Service (each, “Your Submission”), even those that you intentionally choose not to publish, will remain confidential. Likewise, because the transmission of information over wireless and wired networks is not inherently secure, we cannot guarantee that information (including personal information and private communications) stored locally on your mobile device or transmitted to our servers will remain confidential.

You understand and agree that Submissions are neither created, owned nor provided by Company. Company will not be responsible for Submissions or any related conduct or practices or any alleged damage resulting from Submissions, including any use or misuse (including any distribution) by any third party of Submissions or any of your interactions with other Service users. We may not be able to identify or exercise control over individuals who falsify their identities or provide false information to others in connection with the use of the Service. If you notice that any Submissions made by others appear to violate this Agreement, or if any other Service user ever makes you feel harassed or unsafe, please contact us at general@touchtunes.com.

  • Our Right to Use Submissions. You will retain ownership of Your Submissions. You grant to us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) licence, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyse and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed Your Submission. You agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any obligation in respect of such Feedback.

You confirm that (a) you have all rights necessary to grant the licenses granted in this section; (b) Your Submissions are complete and accurate; and (c) Your Submissions and your provision of Submissions to us (whether through and in connection with the Service or otherwise) are not fraudulent or otherwise in breach of any applicable law or any right of any third party. You further irrevocably waive, and consent to us performing any acts or omissions in relation to Your Submissions and associated materials that may be inconsistent with, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law.

  • Monitoring. We may (but have no obligation to) monitor, moderate and/or analyse your use of the Service, and monitor, evaluate, alter or remove Submissions before or after they appear on the Service. We may disclose any Submissions, information regarding your access to and use of the Service, the circumstances surrounding the transmission of Submissions, and personal information regarding any users who made Submissions available, in each case in accordance with any requirement under applicable law, or any request by any law enforcement authority, court or other governmental authority, or otherwise in accordance with the Privacy Policy.
  • Your Rights to Use the Site and App. Subject to your compliance with this Agreement and for the duration of this Agreement, you may view and use any portion of the Site to which we provide you access under this Agreement, in accordance with the functionality that we make available to you, for your personal, non-commercial use.

The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and for the duration of this Agreement, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely in accordance with the functionality that we may make available to you and solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement relating to your use of the App, you must immediately cease using the App and delete the App from your device.

  • Company’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trade marks, service marks and logos available through the Service are the property of their respective owners and nothing contained on the Service should be construed as granting any right to use any trade names, trade marks, service marks or logos without the express prior written consent of the owner. You may not use our trade names, trade marks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except as expressly set out in Section 12 above, no right, title or interest (including any intellectual property rights in or to, as well as any other rights or interests in or to) in or to the Service is granted to you, and all right, title and interest in and to the Service is expressly reserved to Company and our suppliers.
  • Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion irreconcilably conflict with the terms and conditions of these Terms of Use, the Promotion rules will take precedence with respect to such Promotion to the extent of such conflict.
  • Disclaimer of Warranties

to the fullest extent permissible under applicable law, the Service and any Resources and Third Party Resources are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties or conditions of any kind, whether express or implied and Company disclaims all warranties and conditions with respect to the Service and any Resources and Third Party Resources. Company will seek to undertake reasonable steps to ensure that the Service will be secure but cannot guarantee that any Access Credential or other security measure that you may use or allow others to use in connection with the Service will prevent unauthorized access to Submissions or your Service account or that any Submissions will not be accessed or misused by any third party.

All disclaimers of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made on behalf of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns (collectively, the “Company Parties”).

While we will seek to undertake reasonable steps to maintain the timeliness, integrity and security of the Service, we cannot guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorised alterations to the Service. If you become aware of any such alteration, please contact us at general@touchtunes.com with a description of such alteration and its location on the Service.

  • Limitation of Liability.

The Company Parties will not be liable for any indirect, incidental, special, exemplary or punitive damages of any kind, or losses that were not foreseeable to you or Company at the time you agreed to this Agreement, in each case arising out of or in connection with the Service or this Agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “Indirect Losses”). Without limiting the foregoing, the Company Parties will not be liable for Indirect Losses resulting from your use of or inability to use the Service or from any Resources or Third Party Resources, including in connection with any Virus that may be transmitted via the Service or any Resources, costs incurred while using the Service, delays in ordering music, the inaccessibility or technical failure of the Service or costs associated with any claims you bring or try to bring against us. the Company Parties do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Services. IF you have a dispute with another Service user related to, arising from or in any way connected with use of the Service, you agree to address and resolve such dispute with such other user and not Company and to release all Company Parties from any claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.

the Company Parties’ aggregate liability for all damages, losses and causes of action (“Claims”) arising out of or in connection with the Service or this Agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the total amount paid by you to Company to use the Service in the twelve (12) month period immediately preceding the first event giving rise to any claim, provided, however, if you have not paid more than twenty british pounds (£20.00) to Company during such period, such aggregate liability for the Company Parties shall be twenty british pounds (£20.00).

All limitations of liability of any kind in this Agreement (including in this section and elsewhere in this Agreement) are made on behalf of Company and each of the other Company Parties.

  • Third Party Claims. If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right (including any intellectual property or data privacy right) you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) incurred by the Company Parties. In addition, you agree not to sue us if a third party brings a claim against you as a result of your breach of this Agreement. If you do sue us in these circumstances, you agree to pay our reasonable costs and legal fees in defending that action.
  • Termination. This Agreement is effective until we terminate this Agreement or your right to use the Service is terminated. We may suspend or terminate your right to use the Service at any time if you do not comply with the terms contained in this Agreement. Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of any suspension or termination of your right to use the Service, provided that if we reasonably believe that you have materially violated this Agreement, we can immediately suspend or terminate your right to use the Service. You can stop using the Service at any time.

Following the effective time of any suspension or termination, your right to use the Service will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your Access Credentials, Submissions and all associated materials, without any obligation to provide any further access to such materials. The preamble and Sections 2-11 and 13-25 will survive any termination of this Agreement.

  • Governing Law; Dispute Resolution. This Agreement is governed by and will be construed in accordance with the laws of England and Wales. All disputes between you and Company arising out of or related to the Service or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved by the courts located in London, England.
  • Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to general@touchtunes.com. You may also contact us by writing to 4 Greenland Place, London NW1 0AP or by calling us at + 44 (0)20 7644 8881. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

The Service is operated by:

TouchTunes UK Limited
Address: 4 Greenland Place, London NW1 0AP
Email Address: general@touchtunes.com
Company Registration Number:  08124893

  • Export Controls. The Service is subject to U.S. export controls restrictions, including any United States embargoes or other federal rules and regulations restricting exports. We will not knowingly make the Service available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanctions (currently Cuba, Iran,  Sudan, Syria, and the Crimea region of Ukraine)  (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
  • Additional Agreements. From time to time, we might offer certain services in connection with the Service that require you to enter into an additional agreement (each, an “Additional Agreement”). When this is required, we will provide the Additional Agreement to you when you try to access the applicable service. Using such service will indicate your acceptance of this Agreement and the terms of any such Additional Agreement.
  • No Professional Advice. Any information supplied by any employee or agent of Company, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service and does not constitute legal, tax, medical, accounting or other professional advice. Individual situations and applicable laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
  • Other Important Terms. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company.

If any provision (or part thereof) of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision (or part thereof) will be deemed severable from this Agreement and will not affect the validity and enforceability of the remainder of this Agreement. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated in this Agreement, is the entire agreement between you and Company relating to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous written or oral agreements, representations (excluding fraudulent misrepresentations) or understandings between you and Company relating to such subject matter. You acknowledge that in entering into this Agreement you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty other than as expressly set out in this Agreement. Notices to you (including notices of changes to this Agreement) may be made through the Service or by e-mail to the most recent email address that you have provided to us (including in each case via links), or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control. Except as expressly provided in Section 25, no person or entity who is not a party to this Agreement may enforce any of this Agreement’s provisions.

Terms Required by Apple. In addition to Sections 1 to 24 above, and notwithstanding anything to the contrary in this Agreement, the following provisions in this Section 25 apply with respect to your use of any version of any App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for any App or any App’s content. Apple is not providing any warranty for any App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any App, including any third-party product liability claims, claims that any App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to any App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted in this Agreement is limited to a non-transferable license to use any App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, and as permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using any App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. Notwithstanding these rights of Apple and Apple subsidiaries, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.