Last updated: November 1st, 2018
1. Introduction and Agreement to be Legally Bound by this Agreement
This Agreement applies to your use any website, game, mobile application, platform, software, servicesand documentation (collectively the “Platform”) to which we link this Agreement, or which we provide in association with this Agreement, including all versions of, and enhancements and modifications to, the Platform. By registering for or using the Platform, you: i) accept, and agree to, all of the terms and conditions of this Agreement; and ii) confirm that you are a resident of Canada, over the age of majority in your jurisdiction of residence.
By registering for or using the Platform, you signify that you have read, fully understand and agree to be legally bound by this Agreement and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM. We suggest you print a copy of this Agreement for your records.
2. Platform Functionality And Registration
The Platform includes a mobile application, (“Application”), that is used in association with one or more games (each a “Game”). We may change the Games associated with the Application, including by adding or removing Games, at any time in our discretion.
When you first play a Game we associate with the Application, you are required to register with the Application. When registering, you must provide complete and accurate information about yourself and agree to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your account and prevent you from using the Platform, or any features of the Platform.
It is your responsibility to keep your account and a password provided to or created by you confidential and secure. In the event that your account is used without your consent or that you discover any other breach of security, you agree to promptly notify us.We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.
All rights in the Platformare expressly reserved by NC2.
3. Earning and Redeeming Tokens
When you first register with the Application, we will provide you with 100 tokens (each a “Token”). Thereafter, when you play Game associated with the Application, we will track the amount of time you take to complete each ‘level’ within the Game. When it takes you three (3) minutes or more to complete a single level, we will award you with 5 Tokens, and no time associated with that level will carry forward to subsequent levels. If it takes you less than three (3) minutes to complete a level, the time you spent playing the level will be carried over to the next level of that Game you play for the purposes of determining the collective time you spent playing both levels. This process will repeat until the total time you have spent playing levels within the Game exceeds three (3) minutes. When the three-minute mark is reached after two or more levels, we will award you with 5 number tokens, and no time associated with such levels will carry forward to subsequent levels.
You may redeem Tokens within the Platform for entries in contests/sweepstakes which we may offer from time to time (each a “Contest”). The number of Tokens which are required to enter a particular Contest may vary in our sole and absolute discretion and will be described in the rules associated with each Contest. Each Contest may have rules, terms and conditions that apply to the Contest, (“Rules”), which may include without limitation, entry limits, and eligibility requirements. The Rules associated with a particular Contest will be disclosed at the time we choose to make such Contest available to you, and you agree to them by entering or otherwise participating in the Contest.
Tokens do not expire; however, we reserve the right to implement a token expiry date in the future. Once you redeem a Token as contemplated under these Agreement, (including under a Promotion), that Token will be removed from your account, and will no longer be available to you.
Tokens have no cash value and are not exchangeable for cash. Tokens have no value outside of the Contests. Tokens cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise sold. Any Tokens so acquired are void.
4. Promotional Token Offers
From time to time, and in our sole and absolute discretion, we may offer certain promotional offers (individually, a “Promotion” and, collectively, “Promotions”) such as promotions that change the rate at which you earn Tokens, award bonus Tokens for taking specific actions, or adding new manners in which you may redeem Tokens during a prescribed period of time (the “Promotion Period”). In addition to this Agreement, which will continue to apply to your use of the Platformduring any Promotion, any other terms and conditions that apply to such Promotions, if any, will be disclosed at the time we choose to make such Promotions available to you, and you agree to them by requesting or otherwise participating in the Promotion. We reserve the right to offer Promotions to all users, or to any subset of users at our discretion.
5. Licence to use of the Platform
Subject to your compliance with this Agreement, NC2 grants you a non-commercial, non-exclusive, non-sublicensable, non-transferable, limited, revocable, terminable license to use the Platformsolely in object code form for its intended purpose, solely as permitted under this Agreement and in accordance with the usages permitted herein. NC2 retains all right, title, and interest in and to the Platformand all related data and information, including intellectual property and proprietary rights and interests related thereto.
This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to redistribute, reproduce or republish, in any form, any the Platform or any Platform Content (defined below), and does not grant any licence to redistribute, reproduce, republish, access, copy, or in any way use the Platform or any programming or code associated therewith.
6. Updates modifications and deletions.
From time to time, we may remotely update, upgrade, modify, delete or stop supporting the Platform or any of its components for any reason, including, without limitation, to enhance Platform functionality or stability or to address potential safety or security concerns. You agree that we may at any time automatically update, upgrade, modify, delete, or stop supporting the Platform. If the Platform is updated, upgraded or modified, whether to enhance or correct features or functionality, then this Agreement will apply to the updates, upgrades and modifications in addition to any other terms that are presented to you in connection with the update, upgrade or modification. We have no obligation to provide any customer support for the Platform.
7. User Conduct
Certain features and/or portions of the Platform may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You agree that you shall not use the Platform to upload, post, communicate or otherwise submit or transmit through, or to, the Platform any User Content that:
i. may, in the sole and absolute discretion of NC2, degrade, tarnish or deprecate NC2, and/or the public image or standing in the community of NC2, any of its affiliates, the Platform, or any other products or services of NC2;
ii. is deemed, in the sole and absolute discretion of NC2, to be defamatory, trade libelous, pornographic or obscene;
iii. is deemed, in the sole and absolute discretion of NC2, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than those of NC2;any identifiable third party products, trade-marks, brands and/or logos, other than those of NC2 (e.g. any materials appearing in your User Content must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained - note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained must be blurred out so as to be unrecognizable); conduct or other activities in violation of this Agreement, or any other agreement you may have with NC2; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by NC2 in its sole and absolute discretion;
iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
v. is in any way disparaging, or might be seen to be disparaging, to NC2 or any of its affiliates;
vi. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever;
vii. contains any viruses, Trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. violates any applicable law, statute or regulation; and/or
ix. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.
Youagree that you shall not use the Platform to:
i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Platform, or any NC2 system;
ii. collect information about others without their consent; and/or
iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
Further, youagree that you shall not engage in prohibited or unauthorized use of the Platform, or of NC2’s systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Platform.
8. Intellectual Property Rights and Restrictions (Re: Platform)
The Platformconsists of various graphics, texts, icons and buttons that have been provided by NC2and/or other entities under our direction (e.g. licensors). All such content is owned by NC2 and/or the applicable third-party entity. For greater certainty and the avoidance of doubt, NC2 and applicable third-party entities hold all right, title, and interest in and to any and all content provided by such parties for the Platform, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Platform Content”). You hereby acknowledge that the PlatformContent is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Platform does not grant or transfer to you or any other part any ownership or other rights in the Platform Content, and except as expressly provided, nothing herein or within the Platform shall be construed as conferring on you or any other party any license under any of NC2’sor any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Platform in any manner whatsoever.
You may not use, copy, modify, download, distribute or transfer the Platformor any component of the Platform, in whole or in part, except as expressly provided in this Agreement. You may not reverse engineer, disassemble, decompile, decrypt, or translate the Platform, attempt to derive the source code of the Platform, create any derivative work from the Platformor authorize or assist any third party to do any of the foregoing. You may not rent, lease, sublicense, loan, resell for profit or distribute the Platform, or any part thereof. You may not remove or alter any proprietary notice or legend regarding NC2’sproprietary rights in the Platform. You agree to take all reasonable precautions to secure the Platform from distribution to any third party. You shall use the Platform only to support your own activities and shall not make the Platform available to third parties otherwise permit or authorize third parties to use the Platform, through your account or otherwise.
The Platformis licensed to you as Licensee. The Platformis the property of NC2and NC2retains all right, title and interest in and to the Platform, including any intellectual property rights regarding trademarks, service marks and trade secrets, as well as any rights in copyrighted or patented materials provided to you as part of the Platform. Except for the limited license granted to you in this Agreement, you obtain no rights to the Platform and NC2reserves all rights not expressly granted to you.
Any rights not expressly granted to you in this Agreementare expressly reserved by NC2. For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with NC2’s ownership of the Platform, and/or NC2’s ownership of, or any third party’s ownership of, any Platform Content. Without limiting the generality of the foregoing, users of the Platform shall be entitled to copy Platform Content contained within this Platform only for their own personal and non-commercial use in accordance with this Agreementbut may not republish or reproduce any such Platform Content in any manner, including, without limitation, via electronic reproduction by "uploading" or "downloading", without the prior express written consent of NC2.
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Platform may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of NC2 or other entities. Trade-marks may be registered in the United States, Canada and in other countries.All Trade-marks not owned by NC2 are the property of their respective owners, and, where used by NC2 are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Platformmay be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). Youagree that you will not take any actions inconsistent with NC2’s ownership of, or any third party’s ownership of, the Trade-marks.
10. License Granted by Users to NC2to User Content
Certain features and/or portions of the Platform permit you to publicly upload, post or otherwise transmit User Content. By using any such features and/or portions and providing User Content publicly, you are giving NC2 permission to forever use any User Content you submit.
By using the Platform and providing User Content, you hereby: (i) grant to NC2 a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Platform; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Platform in favour of NC2. For greater certainty and the avoidance of doubt, this means that, among other things, NC2 has the right to use any and all User Content and ideas you submit (including ideas about our products, platforms, programs, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Without limiting the generality of the foregoing, youhereby grant to each user of the Platform a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you publicly post on, upload or otherwise submit to or through, the Platform via any share functionality that is or that may be available on the Platform.
11. Sharing User Content
Certain features and/or portions of the Platform may permit you to share your User Content. You understand that any User Content you choose to share via the Platform may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. Youassume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. Youhereby agree that NC2has no responsibility or liability whatsoever for any such activities. Youalso agree and understand that your User Content is not sponsored or endorsed by NC2, and you will not imply that your User Content is in any way sponsored or endorsed by NC2. Please consider carefully what User Content you choose to share.
12. User Waivers and Representations
By using the Platform and providing User Content, youacknowledge, agree, warrant and represent to NC2that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Platform:
a. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Platform;
b. does not violate any law; and
c. complies with this Agreement.
Without limiting the generality of the foregoing, youalso acknowledge, agree, warrant and represent to NC2that:
a. you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Platform;
b. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
c. we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, at any time and without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the Platform.
13. Indemnification by User
By using the Platform, youhereby agree to indemnify, defend and hold harmless NC2, and its agents, employees, officers, directors, successors and assigns (collectively, the “Released Parties”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Platform, User Content and/or breach of this Agreement, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action whatsoever.
14. Notice of Infringing User Content
While NC2 is under no legal obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion at any time and for any reason, to modify, edit or remove any User Content (or any portion thereof), or to request a User to modify or edit his or her User Content (or any portion thereof), or to modify, edit or remove any other content on the Platform, if a complaint or notice of allegedly infringing materials is received with respect to such content, or for any other reason whatsoever.
To complain about User Content and/or to provide notice of allegedly infringing materials on the Platform, please contact us at: email@example.com.
15. Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,THE PLATFORMAND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE PLATFORMIS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE PLATFORMWILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE PLATFORMWILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE PLATFORMWILL BE SECURE; (V) THE USE OF THE PLATFORMWILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PLATFORMWILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE PLATFORMARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE PLATFORMAND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF NC2.THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE PLATFORM.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE THAT NC2 HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PLATFORMAVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NC2.YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
16. No Duty To Correct Errors
You acknowledge and agree thatNC2has no obligation under this Agreement to correct any defects or errors in the Platform, regardless of whether you inform NC2of such defects or errors or NC2otherwise is, or becomes aware of, such defects or errors. To the extent NC2provides you with any updates or upgrades to the Platform such updates and upgrades shall be deemed to constitute part of the Platform and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions, ownership and distribution of the Platform.
17. Export Compliance
You will comply worldwide with all laws and regulations applicable to the Platform. You may not use, export, re-export, import, sell, or transfer the Platform except as authorized by applicable law and any other applicable laws and regulations. You also agree that you will not use the Platform for any purposes prohibited by applicable law.
18. Electronic Transmissions
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Released Parties do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Platform, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain personal information). In no event will the information you provide on or through the Platformbe deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to using the Platform.
19. Changes to this Agreement
Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least thirty (30) days before the modification comes into effect and will indicate the date this Agreement was last modified.
In addition, if you have registered for the Platform, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, and setting out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. To the fullest extent permitted by applicable law, as your sole remedy, you may refuse the modification and rescind, or cancel your subscription without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of the Platform after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, this Agreement, as modified.
Subject to our right to make modifications, no other statements (written or verbal) will change this Agreement.
You may not make any changes to this Agreement.
20. Governing Law and Jurisdiction
For users who are not individuals in the province of Quebec, this Agreement, your use of the Platform, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. Youhereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Platform and any related matters.
For users who are individuals in the province of Quebec, this Agreement, your use of the Platform, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. Youhereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, your use of the Platform and any related matters.
21. Links and Other Websites
Any links from this Platform to other websites, or references to products, services or publications other than those of NC2, do not imply the endorsement or approval of such websites, products, services or publications by NC2.
In the event of any discrepancy or inconsistency between this Agreement and disclosures or other statements contained in any websites featured on the Platform or linked to the Platform; the terms and conditions of this Agreement shall prevail, govern and control to the fullest extent permitted by law.
23. Apple Store Terms
For users of the Apple Store and/or our mobile application for the iPhone or iPad:
You and acknowledge and agree that this agreement (as embodied in these) is concluded between you and NC2 only, and not with Apple, Inc. (“Apple”). NC2 and not Apple, is solely responsible for the content of Platform. The license granted to you for the Platform is limited to a non-transferable license to use the applicable portions of the Platform on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the Apple App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
NC2 shall be solely responsible for providing any maintenance and support services with respect to the Platform, as specified herein. You and NC2 acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
NC2 shall be solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed herein, and in the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application or the Services.
You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Platform or your possession and use of Platform infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the Platform.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
iPhone and iPad are trademarks of Apple.
This Agreement constitutes the entire agreement between the parties respecting the subject matter hereof, and supersedes all previous proposals, negotiations, representations, warranties, commitments, writings and communications between parties. The terms of this Agreement shall prevail notwithstanding any variance with the terms of any purchase order or any other document submitted by you.
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement.
This Agreement is binding upon youand your respective heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior express written consent, which consent may be withheld in our sole and absolute discretion.
Questions? If you have any questions or concerns this Agreement, please contact us at: