LAST UPDATED: 09/08/2023
By using the App, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
1. Changes. To the extent permitted by applicable law, we may change this Agreement from time to time by notifying you of the changes by any reasonable means, including by posting a revised Agreement through the App. You can see when we last changed this Agreement by referring to the “LAST UPDATED” legend above. No changes will apply to any dispute between you and us arising before we posted the changes, or otherwise notified you of the changes. Your use of the App after changes to this Agreement will constitute your acceptance of the changes. We may, at any time and without liability, modify or discontinue all or part of the App, including any of its features or functionality (e.g., any fan club feature); charge, modify or waive fees required to use the App; or offer opportunities to some or all App users.
2. Jurisdiction. The App is controlled and/or operated from the United States, and is not intended to subject us or our Affiliates (as defined below) to non-U.S. jurisdiction or law. The App may not be appropriate or available for use in other jurisdictions. Any use of the App is at your own risk, and you are responsible for complying with all applicable laws, rules and regulations in doing so. We may limit the App’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
4. Rules of Conduct. In using the App, you agree to comply with applicable law, respect the rights of others, and avoid objectionable, defamatory or disruptive behavior. In addition, you will not (and will not cause others to):
Post, transmit, or otherwise make available, through or in connection with the App:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of that right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking”.
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Any material non-public information about a company without the proper authorization to do so.
Use the App for any fraudulent or unlawful purpose.
Harvest or collect information about other users of the App.
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement or posting you make.
Interfere with or disrupt the operation of the App or the servers or networks used to make the App available, including by hacking or defacing any portion of the App.
Violate any requirements, procedures, policies or regulations of the servers or networks that are used to make the App available.
Restrict or inhibit any other person from using the App.
Use the App to advertise or offer to sell or buy any goods or services.
Reproduce, sell, resell or exploit any portion of, use of, or access to the App for commercial purposes.
Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the App.
Remove any copyright, trademark or other proprietary rights notice from the App or materials originating from the App.
Frame or mirror any part of the App.
Create a database by systematically downloading or storing any App content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App.
Use any passcode or password, regardless of whether or not the passcode or password is unique, to participate in a presale or other offer on the App if you are not the original recipient of the passcode or password (i.e., if you did not receive the passcode or password directly from us or our service providers working to enable the presale or offer), or if your participation in the presale or other offer is inconsistent with the presale’s or offer’s terms.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the App.
5. Registration. You may need to register to use certain parts of the App, including certain fan club-related functions. We may reject, or require that you change, any user name, password or other registration information that you provide to us. Your user name and password, and any coupon codes that you may receive, are for your personal use only and should be kept confidential; you are responsible for any use or misuse of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your App account. We, in our sole discretion, may refuse to allow you to register for the App (or a membership or subscription for the App).
6. Submissions. The App may contain areas where you can post information and materials, including text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a “Submission”). We and our Affiliates are not responsible for any third party’s use or misuse (including distribution) of a Submission. If you choose to make any of your personal or other information publicly available through the App, you do so at your own risk.
7. Your Proprietary Rights. The App is licensed (not sold) to end users. Subject to your compliance with the terms and conditions of this Agreement, and any other applicable terms and conditions, and solely for as long as you are permitted to use the App, we hereby grant to you the right to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis. If you violate this Agreement, you must immediately stop using the App and remove the App from your mobile device.
8. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us and our affiliates and service providers (collectively, our “Affiliates”) a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use that Submission, 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 material (“Feedback”), whether related to the App or otherwise, the Feedback will be deemed a Submission, and you hereby acknowledge and agree that the Feedback is not confidential and that your provision of the Feedback is gratuitous, unsolicited and without restriction and does not place us or our Affiliates under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that your Submissions are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any third-party right. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
9. Monitoring. We and our Affiliates may, but have no obligation to, monitor, evaluate, alter or remove Submissions before or after they appear on the App, or analyze your access to or use of the App. We may disclose information regarding your access to and use of the App, and the circumstances surrounding that access and use, to anyone for any reason or purpose.
10. Pricing and Availability. The App may include a ticketing service. You acknowledge and agree that we may be unable to control the inventory of tickets or their availability through the sale. We may on occasion set ticket prices or determine seating locations. Tickets to an event may be sold through various sources, including other online ticketing agencies, charge-by-phone, ticket outlets and box offices. Not all distribution points necessarily access the same ticketing system, and ticket inventory for popular events may sell out quickly. Occasionally, additional tickets may become available before an event. All shows, dates, and performing artists, as well as venue locations and seat locations, are subject to change.
11. On Sale Dates. From time to time, we may advertise upcoming events and the date on which tickets are expected to become available for purchase. These “on sale” dates are tentative and subject to change at any time.
12. Forms of Payment. As a convenience to users, we accept various payment methods for purchases made through the App, which are subject to change.
13. Number of Tickets per Customer. When purchasing tickets on the App, an individual purchaser or household may be limited to a specified number of tickets for each event. This limitation (and other terms) are included on the event page, and are verified with every transaction. This policy is to discourage unfair ticket buying practices.
14. Scalping/Broker Policy. We sell tickets that are intended for the use of fan club members only. Tickets made available through the App are intended only for fans that are actually planning on attending the shows or events requested. You cannot resell any tickets obtained through the App for more than the purchase price. If you are found to be reselling, trading or brokering tickets that you purchased through the App for profit, we may, at our sole discretion, cancel your ticket order and all other pending orders in your name.
15. Products. All rights in any listings, descriptions and images of goods or services or related coupons or discounts available through the App, such as tickets, merchandise, fan club memberships, music, ring tones, ring back tones, SMS tones, images (e.g., screen savers), video, artwork, text, software and copyrightable materials (collectively, the “Products”) are owned by us, our Affiliates or other third parties. We, our Affiliates or other third parties may make Products available for any purpose, including for general information purposes. The availability through the App of any listing, description or image of a Product does not imply our endorsement of the Product, or affiliation with the product’s provider. If a separate agreement provided by us or an Affiliate governs a particular Transaction or Product, or your use of a particular Product, and the terms of the separate agreement conflict with the terms of this Agreement, then the terms of the separate agreement will govern the transaction or use. Any burning or exporting capabilities of a Product will not constitute a grant or waiver of any of our rights, or those of any other rightsholders in the Product, any other Product or any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in or associated with the Product or any other Product. The App and the Products may include or rely on a security framework using technology that protects digital information, and imposes usage rules established by us and our Affiliates, and you must abide by those usage rules, including as set forth below. Unless we expressly provide otherwise, all Transactions, all Products and your use of all Products are subject to this Agreement.
We make no representations about the completeness, accuracy, reliability, validity or timeliness of the App’s listings, descriptions or images (including any features, specifications and prices contained in those listings, descriptions or images). Information about any Product and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. Although we make reasonable efforts to accurately display the attributes of Products, including their colors, the actual colors you see will depend on your device, and we cannot guarantee that your device will accurately display the colors. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
16. Product-Specific Usage Restrictions. All Products you purchase, obtain or access on or through the App are solely for your personal, non-commercial use. Except as otherwise expressly stated in this Agreement, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products (or derivatives of the Products) to the Internet. Unless expressly permitted by us (e.g., a “Create Your Own Video” contest offered on the App), you may not use the Products in conjunction with any other content, including in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products.
17. Product Requirements; Compatibility. Use of Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, hardware for making copies of Products on physical media and rendering performance of Products on authorized digital player devices). You acknowledge that those hardware and software, including all related costs, are your sole responsibility. To the extent permissible under applicable law, neither we nor our Affiliates are responsible or liable for the loss or damage of any Product. Except to the extent prohibited by applicable law, we may, without prior notice, to change the software or hardware required to download, transfer, copy or use any Product, or to limit the use of any Products.
18. Product Delivery. Except to the extent prohibited by applicable law, we may change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of the Product, or a refund of the purchase price paid for the Product, as we determine in our sole discretion.
Products will be shipped to an address designated by you, if applicable, so long as the address is complete and complies with any shipping restrictions. If a shipment is returned or undeliverable because you provided an incorrect or undeliverable address, or you request that the shipment be sent to a different address after it has been sent, and you wish to have us resend the shipment, you will be responsible for all additional shipping charges that we may incur. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
19. Purchases. If you wish to purchase any Products available through the App (each purchase, a “Transaction”), you may be asked to supply certain information, such as your credit card number or other payment account number (e.g., your wireless account number), your billing address, and your shipping information. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE THE PAYMENT MEANS THAT YOU SELECT. By submitting that information, you grant to us and our Affiliates the right to provide the information to third parties for purposes of facilitating Transactions. Verification of information may be required before the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Descriptions and images of, and references to, Products on the App do not imply our endorsement of the Products. Except to the extent prohibited by applicable law, we may, without prior notice, change those descriptions, images, and references; limit the available quantity of any Product; honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; bar any user from making any or all Transaction(s); or refuse to provide any user with any Product. Price and availability of any Product offered through the App are subject to change without notice. If a Product is listed at an incorrect price or with other incorrect information, we may refuse or cancel any Transaction for the Product. You will pay all charges incurred by you or on your behalf through the App, at the prices in effect when the charges are incurred, including all shipping and handling charges, and any network, data or other charges through mobile downloads. You are also responsible for any taxes applicable to your Transactions, like VAT or import duties.
We may, without prior notice, limit the available quantity of any Product, discontinue the availability of any Product, impose conditions on the application of coupons, discounts or similar promotions, bar any user from making any Transaction and refuse to provide any user with any Product.
All orders placed through the App are subject to our acceptance. Your receipt of an order confirmation does not signify our acceptance of your order, and does not constitute confirmation of our offer to sell. We may accept or decline your order at any time, for any or no reason and without liability to you or anyone else.
Except as expressly set forth otherwise in this Agreement, or as otherwise required by applicable law, all sales through the App are final, and all charges from those sales are nonrefundable. We or our third party designees may automatically process charges against your selected payment method on the receipt page. We or our third party designees will inform you if any portion of your order is canceled, or if we need additional or different information to accept your order.
20. Tickets. Before purchasing any tickets through the App, carefully review your event and seating selection. We may cancel any orders that we believe have been made in violation of this Agreement or through fraudulent means. We are prohibited from issuing exchanges or refunds after a ticket has been purchased, regardless of whether the ticket has been lost, stolen, damaged or destroyed.
If you choose to receive your tickets by mail, you should receive them no later than five business days before the event. If you have not received your tickets five business days before the event, please email us at [email protected]. From time to time, users will input incorrect billing or credit card information in a Transaction, which can delay or prevent the processing and delivery of tickets. If we become aware that you provided incorrect information, we may attempt to contact you by email to resolve the discrepancy. Tickets held at Will Call are usually available one hour before the doors open for the event. You will need to present picture identification for the purchaser of the tickets and the credit card to which the tickets were charged to receive the tickets. We may change ticket delivery options, except to the extent prohibited by applicable law.
21. Fan Club Memberships. By signing up for a fan club membership, you authorize us and our Affiliates to charge the credit card associated with your membership to auto-renew your membership on the first day of each renewal term (whether the term is annual, monthly, or another period agreed to by you during the registration process) for the fees described in https://weezerfanshop.com/products/2023-bundle. We may notify you by email before your credit card is charged for the auto-renewal. Unless you turn off the auto-renew functionality in your account settings, or notify us of your wish to cancel the auto-renewal by emailing us at [email protected] before the first day of the renewal term, your credit card will be charged for the auto-renewal. If the credit card on file is not valid or the payment is otherwise not authorized, your membership will not be renewed. We may change the fan club membership fees at any time, and will notify you of those changes through the email address associated with the member’s account. You may cancel your fan club membership at any time by emailing us at [email protected]. Any cancellation will be effective upon the expiration of the then-current term. Fan club membership purchases are non-refundable and are not eligible for returns, exchanges or credits. For security reasons, all cancellation requests must be made by the primary contact person on the account, who will need to provide confirmation of their identity. On the effective date of cancellation, we will immediately deactivate or delete your account (including any related information and files in your account) and/or bar your further access to those accounts or files. Each membership is non-transferable, and must, unless otherwise authorized by us, be associated with a single individual user.
22. Canceled Events. From time to time, a previously scheduled event could be canceled or postponed due to weather conditions, safety considerations or other issues that make the scheduled event impossible or impracticable. When an event cancellation occurs, we will make every effort to ensure that you receive a refund of the ticket prices. Services fees, shipping fees and/or handling fees will not be refunded. Events scheduled for outdoor venues are sold “rain or shine” and no refunds will be issued for rain-canceled shows. If an event is canceled, please contact us for information about receiving a refund. If the event was moved or rescheduled, we or our Affiliates may set refund limitations. Email us at [email protected] for exact instructions. In any event, we will not be liable for any loss, cost, or damages associated with any cancellation or postponement of a scheduled event.
24. Our Proprietary Rights. We and our Affiliates and licensors own the information and materials made available through the App. These information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws.
We and our Affiliates and licensors own the trade names, trademarks and service marks on the App, and any trade names, trademarks and service marks on the App that are not owned by us, our Affiliates or our licensors are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the App should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING ANY SOFTWARE USED BY THE APP, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING POSSIBLE MONETARY DAMAGES), INCLUDING FOR COPYRIGHT INFRINGEMENT.
25. Third Party Content. The App may make available access to information, products, services, applications and other materials made available by third parties, including Submissions (“Third Party Content”), or allow for the routing or transmission of Third Party Content. Because we do not control Third Party Content, you agree that neither we nor our Affiliates are responsible or liable for any Third Party Content, including the performance, accuracy, integrity, quality, legality, usefulness or safety of, or intellectual property rights relating to, Third Party Content or their use. We have no obligation to monitor Third Party Content, and we may remove or restrict access to any Third Party Content (in whole or part) from the App at any time. The availability of Third Party Content on the App does not imply our endorsement of, or our affiliation with any provider of Third Party Content. This Agreement does not create any legal relationship between you and any providers of Third Party Content, and nothing in this Agreement will be deemed to be a representation or warranty by us, or any of our Affiliates, with respect to any Third Party Content.
YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO THOSE THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF THIRD PARTY MATERIALS).
26. Links and Feeds. The App may provide links to or feeds from other web sites and online resources. We and our Affiliates are not responsible for and do not endorse any external sites or resources. YOUR ACCESS TO AND USE OF THIRD PARTY WEB SITES, CONTENT AND RESOURCES IS AT YOUR OWN RISK.
27. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE APP AND ANY PRODUCTS AND THIRD PARTY CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) WE AND OUR ASSOCIATED ENTITIES (AS DEFINED BELOW) DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP, ANY PRODUCTS AND THIRD PARTY CONTENT, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. ANY DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF US, OUR AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “ASSOCIATED ENTITIES”) AND THEIR AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS.
28. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS, OR UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF THOSE DAMAGES OR LOSSES; (B) WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP, OR FROM ANY PRODUCTS OR THIRD PARTY CONTENT; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP; AND (D) OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO US TO USE THE APP OR TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH US AND THE ASSOCIATED ENTITIES, AND THEIR AND OUR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the App, we do not guarantee that the App or any Third Party Content are or will remain updated, complete, correct or secure, or that access to the App or any Third Party Content will be uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the App or any Third Party Content. If you become aware of any unauthorized third party alterations to the App, contact us at [email protected] with a description of the material(s) at issue and the location those such materials.
29. Indemnity. To the fullest extent permitted under applicable law, you will defend, indemnify and hold harmless us and our Associated Entities from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) relating to: (a) your use of the App (including all Submissions); (b) any violation or alleged violation of applicable law or third-party rights; and (c) any violation or alleged violation of this Agreement by you, including failure to obtain and maintain all applicable licenses, consents and authorizations.
30. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate or suspend your use of the App, to the extent we are not prohibited from doing so under applicable law. We may terminate your use of the App and/or your fan club membership for any on-line or offline conduct that we consider to be inappropriate, or for your breach of this Agreement.
Upon any termination or suspension, your right to use the App will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to those materials. Sections 2–6, 8–9, 13–18, 20 and 23–37 will survive any expiration or termination of this Agreement.
31. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. (Residents of certain jurisdictions outside the U.S. may have additional rights.) Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that we and you are each waiving the right to trial by a jury, and you agree that you and we are each waiving the right to trial by jury. These disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All of those matters will be decided by an arbitrator and not by a court or judge.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with proper jurisdiction. Nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
32. Filtering. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of parental control protections is available at https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. We do not endorse any products or services listed at this site.
33. Information or Complaints. If you have a question or complaint regarding the App, contact us via e-mail at [email protected] E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. You may also contact us by phone at (833)237-4525 or by writing to us at 32 West 22nd Street, NY, NY 10010. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at: (916) 445-1254 or (800) 952-5210.
34. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the App infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to 32 West 22nd Street, NY, NY 10010. We suggest that you consult your legal advisor before filing a notice or counter-notice.
35. Export Controls. You are responsible for complying with United States export controls and for any violation of those controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
36. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. 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 hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is 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 in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated in the Agreement, is the entire Agreement between you and us relating to the subject matter of the Agreement and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us. Notices to you may be made via posting to the App, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying those notices or by providing links to those notices. You agree that 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. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor is anything conferred on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our licensors and service providers are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement.
37. Apple-Specific Terms. This Section applies to your use of any version of the 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 the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the 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 the use of the App, including those pertaining to intellectual property rights, must be directed to us in accordance with Section 33.
You are granted a non-transferable license to use the App on an Apple-branded product owned or controlled by you, or as otherwise permitted by Apple’s App Store Terms of Service. However, the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any applicable third-party agreement when using the 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 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. Regardless of the above, our 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.
App © 237 Global or its suppliers and licensors, unless otherwise noted. All rights reserved.