Terms of Service
These
Terms of Service (“Terms”) apply to your access to and use of our
website, mobile application and other online products and services
(collectively, our “Services”) provided by MyArena, Inc. (“MyArena”)
or (“we” or “us”).
PLEASE READ
THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 18, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING
ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF
YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE
ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 18.
By
accessing or using our Services, you agree to be bound by these Terms and all
terms incorporated by reference. If you do not agree to these Terms in their
entirety, do not use our Services.
We may
make changes to these Terms from time to time. If we make changes, we will
provide you with notice of such changes, such as by sending an email, providing
a notice through our Services or updating the date at the top of these Terms.
Unless we say otherwise in our notice, the amended Terms will be effective
immediately, and your continued use of our Services after we provide such
notice will confirm your acceptance of the changes. If you do not agree to the
amended Terms, you must stop using our Services.
If you
have any questions about these Terms or our Services, please contact us at myarenateam@gmail.com.
For
information about how we collect, use, share or otherwise process information
about you, please see our Privacy Policy.
2.
Eligibility
You
must be at least 18 years of age to use our Services. If you use our Services
on behalf of another person or entity, (a) all references to “you” throughout
these Terms will include that person or entity, (b) you represent that you are
authorized to accept these Terms on that person’s or entity’s behalf, and (c)
in the event you or the person or entity violates these Terms, the person or
entity agrees to be responsible to us.
You may
not use the Services if you are located in, or a citizen or resident of any
state, country, territory or other jurisdiction that is embargoed by the United
States or where your use of the Services would be illegal or otherwise violate
any applicable law. You represent and warrant that you are not a citizen or
resident of any such jurisdiction and that you will not use any Services while
located in any such jurisdiction. You also may not use the Services if you are
located in, or a citizen or resident of, any other jurisdiction where we have
determined, at our discretion, to prohibit use of the Services. We may
implement controls to restrict access to the Services from any such jurisdiction
You will comply with this paragraph even if our methods to prevent use of the
Services are not effective or can be bypassed.
3.
User
Accounts and Account Security
You may
need to register for an account to access some or all of our Services. If you
register for an account, you must provide accurate account information and
promptly update this information if it changes. You also must maintain the
security of your account and promptly notify us if you discover or suspect that
someone has accessed your account without your permission. If you permit others
to use your account credentials, you are responsible for the activities of such
users that occur in connection with your account. We reserve the right to
reclaim usernames, including on behalf of businesses or individuals that hold
legal claim, including trademark rights, in those usernames.
Definition and Ownership
Our
Services may allow you and other users to create, post, store and share
content, including messages, comments, pages, stories, text, photos, graphics,
videos, works of authorship, software, music, sound, links and other materials
(collectively, “User Content”).
Your Obligations
You may
not create, post, store or share any User Content that violates these Terms or
for which you do not have all the rights necessary to grant us the license
described above. You represent and warrant that your User Content, and our use
of such content as permitted by these Terms, will not violate any rights of or
cause injury to any person or entity. Although we have no obligation to screen,
edit or monitor User Content, we may delete or remove User Content at any time
and for any reason with or without notice. To learn more about parental control
protections (such as computer hardware, software or filtering services) that
may assist you in limiting your minor’s access to certain content, visit https://www.fbi.gov/resources/parents.
Waiver of Responsibility and
Liability
We take
no responsibility and assume no liability for any User Content posted, stored,
uploaded, accessed or downloaded by you or any third party, or for any loss or
damage thereto, incomplete or inaccurate User Content, or for any user conduct,
nor are we liable for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter. Enforcement
of the User Content or conduct rules set forth in these Terms is solely at our discretion,
and failure to enforce such rules in some instances does not constitute a
waiver of our right to enforce such rules in other instances. In addition,
these rules do not create any private right of action on the part of any third
party or any reasonable expectation that our Services will not contain any
content that is prohibited by such rules. As a provider of interactive
services, we are not liable for any statements, representations or User Content
provided by our users in any public forum or other area. Although we have no obligation
to screen, edit or monitor any User Content, we reserve the right, and have
absolute discretion, to remove, screen or edit any User Content posted or
stored on our Services at any time and for any reason without notice.
5.
Prohibited
Conduct and Content
You
will not violate any applicable law, contract, intellectual property right or
other third-party right or commit a tort, and you are solely responsible for
your conduct while using our Services. In addition, you will not:
· Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
· Use or attempt to use another user’s account without authorization from that user and us;
· Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
· Sell or resell our Services;
· Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
· Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
· Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
· Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
· Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
· Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
· Develop or use any applications that interact with our Services without our prior written consent;
· Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
· Bypass or ignore instructions contained in our robots.txt file;
· Deliberately input false, misleading, or tampered data to influence or manipulate the operation of the Services;
· Use, or allow third parties to use, any other content, data, or other information received or derived from the Services: to (a) directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems; or (b) in a manner that violates any documentation, services usage guidelines, or other parameters or instructions of MyArena; or
· Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may
also post or otherwise share only User Content that is nonconfidential and that
you have all necessary rights to disclose. You may not create, post, store or
share any User Content that:
· Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
· Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
· May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; Impersonates, or misrepresents your affiliation with, any person or entity;
· Contains any unsolicited promotions, political campaigning, advertising or solicitations; Contains any private or personal information of a third party without such third party’s consent;
· Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
· In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose us or others to any harm or liability of any type.
Enforcement of this Section 5 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
You agree and instruct that we may process non-public data, input, and other materials provided by you, including User Content (“Materials”). As between you and MyArena, you retain ownership rights in your Materials. You represent and warrant that you have all rights, licenses, and permissions needed to provide Materials to our Services. You are responsible for your Materials.
You grant us and our subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to process, reproduce, distribute, and otherwise use and display the Materials and perform all acts with respect to the Materials as may be necessary or useful for us to perform the Services, to maintain, provide, and develop the Services and otherwise develop and improve our technologies and offerings, and to generate or develop aggregated or deidentified data from the Materials and any derivatives that do not directly or indirectly identify you or any individual (the “Deidentified Data”). In addition, you acknowledge and agree that we may monitor, collect, use, and store anonymous and aggregate statistics regarding your use of the Services (collectively, “Analytic Data”).
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
All right, title, and interest in and to the Services,
Deidentified Data, and Analytic Data including all intellectual property rights
are owned by us or our licensors and are protected under both United States and
foreign laws. Except as explicitly stated in these Terms, all rights in and to
our Services are reserved by us or our licensors. Subject to your compliance
with these Terms, you are hereby granted a limited, nonexclusive,
nontransferable, non-sublicensable, revocable license to access and use our
Services for your own personal, noncommercial use. Any use of our Services
other than as specifically authorized in these Terms, without our prior written
permission, is strictly prohibited, will terminate this license and violate our
intellectual property rights.
Our
logos, our product or service names, our slogans and the look and feel of our
Services are our trademarks and may not be copied, imitated or used, in whole
or in part, without our prior written permission. All other trademarks,
registered trademarks, product names and company names or logos mentioned on
our Services are the property of their respective owners. Reference to any
products, services, processes or other information by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that we may treat Feedback as nonconfidential.
10. Payments; Subscription Services
The
Services may include one-time or automatically recurring payments for periodic
charges for certain products and/or services we may make available to you on a
one-time (“One-TimePurchase”) or subscription basis (“Subscription
Services”) as part of the Services (collectively, “Paid Services”).
If you sign up for a Paid Service, (a) you may be asked to supply certain
relevant information, such as your credit card number and its expiration date,
your billing address and your shipping information, and (b) you authorize MyArena
to periodically charge, on a going-forward recurring basis and until
cancellation of either the recurring payments or your account, all accrued sums
on or after the payment due date for the accrued sums. YOU REPRESENT AND
WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN
CONNECTION WITH A PAID SERVICE. By submitting such information, you grant to us
the right to provide such information to third parties for purposes of
facilitating payment transactions for the Paid Service. Verification of information may be required prior to the
acknowledgment or completion of any transaction for Paid Services. If your
payment method fails or fees associated with your account are past due, we may
collect fees owed using other collection mechanisms, include charging other
payment methods on file (including with Stripe) and/or retaining collection
agencies and legal counsel.
The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Services. Your account will be charged all applicable fees (the “Subscription Fee”) for the next subscription period automatically on the relevant (i.e., monthly or annual) anniversary of the Subscription Billing Date. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by navigating to the cancel subscription option in your account. Any cancellation of your subscription shall be effective upon the end of the then current subscription period.
11. Support
We are under no obligation to provide support for the Services. Instances where we may offer support, the support will be subject to published policies. Support is conducted through email at myarenateam@gmail.com.
We may make available, or we may allow third parties to make available access to information, products, services, and other materials made available by third parties on or through our Services (collectively, “Third-Party Services”). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and your access to and use of such Third-Party Services is at your own risk.
We
provide some elements of the Services through third-party service providers (“Third-Party
Providers”). You acknowledge that your Material, may be shared with and
processed by our Third-Party Providers, to enable your use of our Services. You
may not use the Services in a manner that violates any terms or policy of any
Third-Party Provider.
13.
Repeat
Infringer Policy; Copyright Complaints
In
accordance with the Digital Millennium Copyright Act and other applicable law,
we have adopted a policy of terminating, in appropriate circumstances, the
accounts of users who repeatedly infringe the intellectual property rights of
others. If you believe that anything on our Services infringes any copyright
that you own or control, you may notify our designated agent as follows:
Designated Agent: Jacob Weiss
E-Mail Address: jakeweiss4@gmail.com
Please
see 17 U.S.C. § 512(c)(3) for the requirements of a
proper notification. Also, please note that if you knowingly misrepresent that
any activity or material on our Services is infringing, you may be liable to us
for certain costs and damages.
To the
fullest extent permitted by applicable law, you will indemnify, defend and hold
harmless us and our subsidiaries and affiliates, and each of our respective
officers, directors, agents, partners and employees (individually and
collectively, the “MyArena Parties”) from and against any losses,
liabilities, claims, demands, damages, expenses or costs (“Claims”)
arising out of or related to (a) your access to or use of our Services; (b)
your Materials or Feedback; (c) your violation of these Terms; (d) your
violation, misappropriation or infringement of any rights of another (including
intellectual property rights or privacy rights); or (e) your conduct in
connection with our Services. You agree to cooperate with MyArena Parties in
defending such Claims and pay all fees, costs and expenses associated with
defending such Claims (including, but not limited to, attorneys’ fees). You
also agree that the MyArena Parties will have control of the defense or
settlement, at our sole option, of any third-party Claims. This indemnity is in
addition to, and not in lieu of, any other indemnities set forth in a written
agreement between you and us or the other MyArena Parties.
General
Your
use of our Services is at your sole risk. Except as otherwise provided in a writing by
us, our Services and any content therein are provided “as is” and “as
available” without warranties of any kind, either express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement. In addition, we do not
represent or warrant that our Services are accurate, complete, reliable,
current or error-free. While we attempt to make your use of our Services and
any content therein safe, we cannot and do not represent or warrant that our
Services or servers are free of viruses or other harmful components. You assume
the entire risk as to the quality and performance of our Services.
Beta Services
We may
provide you with the option to participate in early access programs to use
alpha, beta, or pre-release services, products, features, and documentation (“Beta
Services”). Notwithstanding anything to the contrary contained in these
Terms, Beta Services are not generally available and may contain bugs, errors,
or defects. We may discontinue Beta Services at any time in our sole discretion
and may never make them generally available.
To
the fullest extent permitted by applicable law, we and the other MyArena Parties
will not be liable to you under any theory of liability—whether based in
contract, tort, negligence, strict liability, warranty, or otherwise—for any
indirect, consequential, exemplary, incidental, punitive or special damages or
lost profits, even if we or the other MyArena Parties have been advised of the
possibility of such damages.
The
total liability of us and the other MyArena Parties for any claim arising out
of or relating to these Terms or our Services, regardless of the form of the
action, is limited to the amount paid by you to use our Services.
The
limitations set forth in this Section 16 will not limit or exclude
liability for the gross negligence, fraud or intentional misconduct of us or
the other MyArena Parties or for any other matters in which liability cannot be
excluded or limited under applicable law. Additionally, some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you.
Materials Release
Except
where prohibited by applicable law, by submitting Materials to us, you are
waiving and agreeing not to assert any copyrights or “moral” rights or claim
resulting from our alteration of the Materials. You hereby release and
discharge us and our agents, employees and assigns, and anyone acting under
their authorization, from any claims that use of any Materials as authorized
herein violates any of your rights, including without limitation any rights of
publicity or privacy and intellectual property rights. You understand that you
will not be entitled to any additional compensation for the permission and
release granted herein or for the use of any of Materials as authorized herein.
General Release
To the
fullest extent permitted by applicable law, you release us and the other MyArena
Parties from responsibility, liability, claims, demands and/or damages (actual
and consequential) of every kind and nature, known and unknown (including, but
not limited to, claims of negligence), arising out of or related to disputes
between users and the acts or omissions of third parties. If you are a
consumer who resides in California, you hereby waive your rights under
California Civil Code § 1542, which provides: “A general release does not
extend to claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with
the debtor or released party.”
18.
Dispute
Resolution; Binding Arbitration
Please
read the following section carefully because it requires you to arbitrate
certain disputes and claims with us and limits the manner in which you can seek
relief from us, unless you opt out of arbitration by following the instructions
set forth below. No class or representative actions or arbitrations are allowed
under this arbitration agreement. In addition, arbitration precludes you from
suing in court or having a jury trial.
No
Representative Actions. You and MyArena agree that any dispute arising out of
or related to these Terms or our Services is personal to you and MyArena and
that any dispute will be resolved solely through individual action, and will
not be brought as a class arbitration, class action or any other type of
representative proceeding.
Arbitration
of Disputes. Except
for small claims disputes in which you or MyArena seeks to bring an individual
action in small claims court located in the county of your billing address or
disputes in which you or MyArena seeks injunctive or other equitable relief for
the alleged unlawful use of intellectual property, you and MyArena
waive your rights to a jury trial and to have any dispute arising out of or
related to these Terms or our Services resolved in court. Instead, for any
dispute or claim that you have against us or relating in any way to our
Services, you agree to first contact us and attempt to resolve the claim
informally by sending a written notice of your claim (“Notice”)
to us by email at myarenateam@gmail.com or by certified mail addressed to 16192
Coastal Highway, Lewes, Delaware 19958. The Notice must (a) include your name,
residence address, email address, and telephone number; (b) describe the nature
and basis of the claim; and (c) set forth the specific relief sought. Our
notice to you will be similar in form to that described above. If you and MyArena
cannot reach an agreement to resolve the claim within thirty (30) days after
such Notice is received, then either party may submit the dispute to binding arbitration
administered by JAMS or, under the limited circumstances set forth above, in
court. All disputes submitted to JAMS will be resolved through confidential,
binding arbitration before one arbitrator. Arbitration proceedings will be held
in San Francisco County, California or may be conducted telephonically or via
video conference for disputes alleging damages less than $100, in accordance
with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”).
The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated
by reference. You either acknowledge and agree that you have read and
understand the JAMS Rules or waive your opportunity to read the JAMS Rules and
waive any claim that the JAMS Rules are unfair or should not apply for any
reason.
You and
MyArena agree that these Terms affect interstate commerce and that the
enforceability of this Section 18 will be substantively and
procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et
seq. (the “FAA”), to the maximum extent permitted by
applicable law. As limited by the FAA, these Terms and the JAMS Rules, the
arbitrator will have exclusive authority to make all procedural and substantive
decisions regarding any dispute and to grant any remedy that would otherwise be
available in court, including the power to determine the question of
arbitrability. The arbitrator may conduct only an individual arbitration and
may not consolidate more than one individual’s claims, preside over any type of
class or representative proceeding or preside over any proceeding involving
more than one individual.
The
arbitrator, MyArena, and you will maintain the confidentiality of any
arbitration proceedings, judgments and awards, including, but not limited to,
all information gathered, prepared and presented for purposes of the
arbitration or related to the dispute(s) therein. The arbitrator will have the
authority to make appropriate rulings to safeguard confidentiality, unless the
law provides to the contrary. The duty of confidentiality does not apply to the
extent that disclosure is necessary to prepare for or conduct the arbitration
hearing on the merits, in connection with a court application for a preliminary
remedy or in connection with a judicial challenge to an arbitration award or
its enforcement, or to the extent that disclosure is otherwise required by law
or judicial decision.
You and
MyArena agree that for any arbitration you initiate, you will pay the filing
fee and we will pay the remaining JAMS fees and costs. For any arbitration
initiated by MyArena, we will pay all JAMS fees and costs. You and MyArena
agree that the state or federal courts of State of Delaware and the United
States, respectively, sitting in Wilmington, Delaware have exclusive
jurisdiction over any appeals and the enforcement of an arbitration award.
Any
claim arising out of or related to these Terms or our Services must be filed
within one year after such claim arose; otherwise, the claim is permanently
barred, which means that you and MyArena will not have the right to assert the
claim.
You
have the right to opt out of binding arbitration within 30 days of the date you
first accepted the terms of this Section 18 by sending an email to myarenateam@gmail.com. In order to be effective, the
opt-out notice must include your full name and address and clearly indicate
your intent to opt out of binding arbitration. By opting out of binding
arbitration, you are agreeing to resolve disputes in accordance with Section 19.
If any
portion of this Section 18 is found to be unenforceable or
unlawful for any reason, (a) the unenforceable or unlawful provision will be
severed from these Terms; (b) severance of the unenforceable or unlawful
provision will have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel
arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any
claims must therefore proceed on a class, collective, consolidated, or
representative basis, such claims must be litigated in a civil court of
competent jurisdiction and not in arbitration, and the parties agree that
litigation of those claims will be stayed pending the outcome of any individual
claims in arbitration. Further, if any part of this Section 18 is found to prohibit an
individual claim seeking public injunctive relief, that provision will have no
effect to the extent such relief is allowed to be sought out of arbitration,
and the remainder of this Section 18 will be enforceable.
Any
dispute arising from these Terms and your use of our Services will be governed
by and construed and enforced in accordance with the laws of the State of Delaware,
except to the extent preempted by U.S. federal law, without regard to conflict
of law rules or principles (whether of the State of Delaware or any other
jurisdiction) that would cause the application of the laws of any other
jurisdiction. Any dispute between the parties that is not subject to
arbitration or cannot be heard in small claims court will be resolved in the
state or federal courts of the State of Delaware and the United States,
respectively, sitting in Wilmington, Delaware.
20.
Modifying
and Terminating our Services
We
reserve the right to modify our Services or to suspend or stop providing all or
portions of our Services at any time. You also have the right to stop using our
Services at any time. We are not responsible for any loss or harm related to
your inability to access or use our Services.
If any
provision or part of a provision of these Terms is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and does not affect the validity and enforceability of any
remaining provisions.
22.
Additional
Terms Applicable to Mobile Devices
The
following terms apply if you install, access or use our Services on any device
that contains the iOS mobile operating system (the “iOS App”)
developed by Apple Inc. (“Apple”).
· Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple, and MyArena, not Apple, is solely responsible for the iOS App and the content thereof. In the event of any conflict between these Terms and the Apple Media Services Terms and Conditions as of the date you downloaded the iOS App, the Apple Media Services Terms and Conditions govern. You acknowledge and agree that you have had the opportunity to review the Apple Media Services Terms and Conditions.
· Scope of License. The license granted to you for the iOS App is limited to a non-transferable license to use the iOS App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that iOS App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
· Maintenance and Support. You and MyArena acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
· Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of MyArena. However, you understand and agree that in accordance with these Terms, MyArena has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
· Product Claims. You and MyArena acknowledge that as between Apple and MyArena, MyArena, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS App’s use of the HealthKit and HomeKit frameworks (if any).
· Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, MyArena, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
· Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
· Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to myarenateam@gmail.com.
· Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using our Services.
· Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The
following terms apply if you install, access or use our Services on any device
that contains the Android mobile operating system (the “Android App”)
developed by Google, Inc. (“Google”):
· You acknowledge that these Terms are between you and us only, and not with Google.
· Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
· Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for our Android App and our Services User Content available thereon. Google has no obligation or liability to You with respect to our Android App or these Terms.
You
acknowledge and agree that Google is a third-party beneficiary to the Terms as
they relate to our Android App.
These
Terms constitute the entire agreement between you and us relating to your
access to and use of our Services. Notwithstanding any other provisions of
these Terms, Sections 1, 3, 6, 7 (except for the license and
rights granted), 8, 9, 10 (for amounts due prior to the
expiration or termination of these terms), 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, and this 23 survive any expiration or
termination of these terms. Our failure to exercise or enforce any right or
provision of these Terms will not operate as a waiver of such right or
provision. The section titles in these Terms are for convenience only and have
no legal or contractual effect. Except as otherwise provided herein, these
Terms are intended solely for the benefit of the parties and are not intended
to confer third-party beneficiary rights upon any other person or entity. You
agree that communications and transactions between us may be conducted
electronically. These Terms may not be transferred, assigned or delegated by
you, by operation of law or otherwise, without our prior written consent, and
any attempted transfer, assignment or delegation without such consent will be
void and without effect. We may freely transfer, assign or delegate these Terms
or our Services, in whole or in part, without your prior written consent.