Airbit Terms of Service

Last Updated: August 19th, 2021

Welcome, and thank you for your interest in Airbit, Inc (“Airbit,” “we,” or “us”) and our website at airbit.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Airbit regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING AIRBIT’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND AIRBIT’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AIRBIT AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AIRBIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18.)

  1. Airbit Service Overview. Airbit offers a web-based platform for music producers, artists and other users to: (1) sell and license instrumental and vocal sound recordings and the musical works embodied in those sound recordings (“Beats”); (2) sell collections of original short audio sounds, samples, and effects (“Sound Packs”); and (3) sell personal musical services, including, but not limited to, producing, mixing, mastering, vocal and other services (collectively, “Personal Services”). When a user uses the Service to sell or grant licenses to Beats, sell Sound Packs, or sell Personal Services, such user is deemed a “Seller” for purposes of these Terms. When a user uses the Service to purchase or obtain a license to a Beat from a Seller or purchase a Sound Pack or Personal Services from a Seller, such user is deemed a “Buyer” for purposes of these Terms. Airbit provides selling tools for Sellers to sell and grant licenses to Beats and sell Sound Packs and Personal Services directly to Buyers, and Airbit offers a marketplace for Buyers to purchase and obtain licenses to Beats and purchase Sound Packs and Personal Services from Airbit’s community of Sellers. Airbit also provides music monetization tools for Sellers, like YouTube Content ID, and Airbit offers Sellers the ability to purchase advertising to promote their Beats, Sound Packs and Personal Services to Buyers on the Airbit marketplace.
  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18 years old; (2) you have not previously been suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. 
  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@airbit.com. 
  4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars (unless otherwise noted) and are non-refundable.
    1. Price. Airbit reserves the right to determine pricing for the Service. Airbit will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Airbit may change the fees for any feature of the Service, including additional fees or charges, if Airbit gives you advance notice of changes before they apply. Airbit, at its sole discretion, may make promotional offers with different features and different pricing to any of Airbit’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    2. Authorization. You authorize Airbit and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Airbit, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Airbit or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. 
    3. Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Airbit or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee,” please see our pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. 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. Airbit or its third-party payment processor 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 following the steps in this support article or contacting us at support@airbit.com. 
    4. Delinquent Accounts. Airbit may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. 
  5. Purchasing and Licensing Beats; Purchasing Sound Packs and Personal Services
    1. Conditions of Sale
      1. Sellers may make Beats available for sale and license and Sound Packs available for sale on and through the Service. Pursuant to Section 9.4, Airbit requires all Sellers to represent and warrant that: (i) a Seller has all necessary rights, authorizations and permissions to make the Seller Materials (defined below) available via the Service in the manner offered by the Seller; (ii) Seller Materials, including Beats and Sound Packs do not infringe the rights of any third party, including any owners, writers, artists or musicians whose musical works or sound recordings might be sampled in a Beat or Sound Pack; Sellers may also make Personal Services available for sale on and through the Service.
      2. While Airbit provides a platform for you as a Seller to sell and grant licenses to Beats and sell Sound Packs and Personal Services on or through the Service, or for you as a Buyer to purchase or obtain licenses to Beats and purchase Sound Packs or Personal Services, all sales and licenses of Beats and sales of Sound Packs, or sales and purchases of Personal Services, as applicable, are between the Seller and Buyer in such Transaction (defined below). You agree, whether acting as a Seller or Buyer, that any claims you have arising from a sale, license or purchase of a Beat, Sound Pack or Personal Service, as applicable, will be brought solely against the Seller, if you are a Buyer, and solely against the Buyer, if you are a Seller, and in no instance, whether you are a Buyer or Seller, against Airbit.
      3. When you purchase or obtain a license to a Beat or purchase a Sound Pack on or through the Service, such purchase or license will be subject to the terms and conditions of the license provided by the applicable Seller of the Beat or Sound Pack, as applicable (each, a “Seller-Provided License”). The terms of the Seller-Provided License will be presented to you prior to completing the purchase of or obtaining a license to a Beat or purchasing a Sound Pack. If you do not agree to those Seller-Provided License terms, you must not purchase that Beat or Sound Pack. Any exploitation of a Beat or Sound Pack by a Buyer or other licensee of such Beat or Sound Pack that is outside the scope of the Seller-Provided License terms and conditions will be a potential breach of that Seller-Provided License and the related intellectual property rights contained therein, for which you may be subject to liability for damages. [
    2. Buyer Transactions.
      1. You may purchase or license Beats or purchase Sound Packs or Professional Services through the Service, with each such purchase or license being a “Transaction.” All inquiries regarding Transactions will be directed to the relevant Seller. Airbit is not responsible for refunds for Transactions (i.e., with Sellers), except as provided in this Agreement.
      2. Beats or Sound Packs that you purchase in a Transaction cannot be guaranteed to be available to you perpetually. For example, if we receive a notification of claimed infringement from a copyright owner or its agent with respect to specific Beats or Sound Packs, then U.S. law may require us to remove that Beat or Sound Pack from the Service and not make it available for future sale and we may also have to deny continued access to anyone who previously purchased such Beat or Sound Packs. This means that you may lose access to purchased Beats or Sound Packs previously available to you through the Service. You hereby authorize us to remove or disable access to any Beat or Sound Pack you have purchased if Airbit receives a valid notification of claimed infringement with respect to such Beat or Sound Pack.  
      3. If we are required by law to deny access through the Service to previously purchased Beats, Sound Packs or Personal Services, including by removing access to Beats or Sound Packs from a Buyer’s personal collection through any mobile application, then Airbit and Sellers will not provide the Buyer who purchased that Beat, Sound Packs or Personal Services with a refund, except as required by applicable law. Buyers bear all risk from the denial of access to any Beats, Sound Packs or Personal Services purchased through the Service.
      4. You warrant that if you enter into a Transaction, then you shall be able to make full and immediate payment for the requested Beat, Sound Pack or Personal Services. 
    3. Seller Tools. Airbit provides Sellers with the following ways of making Beats, Sound Packs and Professional Services available to Buyers (“Seller Tools”):
      1. Personal Store. We provide software that enables Sellers to create an online store (“Personal Store”) that can be embedded into third-party websites and platforms (with the website and platform owner’s permission). A Personal Store gives Sellers a tool to sell and license Beats and sell Sounds Kits and Personal Services directly to Buyers.
      2. Marketplace. Sellers may also make Beats available for purchase or license and Sound Packs and Personal Services available for purchase via Airbit’s website (the “Marketplace”). A Seller may remove any Beat, Sound Pack or Personal Service from the Marketplace at any time by changing such Seller’s seller preferences in the Seller’s Service account settings.
    4. Seller Pricing.  
      1. When acting as a Seller, you set the price for Beats, Sound Packs and Professional Services in your sole discretion and assume all liability arising from such sales or grant of licenses, as applicable.
      2. For all Transactions via the Marketplace, Airbit shall receive a share of the Transaction value as specified in the rate schedule set forth on Airbit’s pricing page (the “Revenue Share”). Airbit shall not receive any share of a Transaction that takes place on a Seller’s Personal Store. You shall be solely responsible and liable for, and Airbit shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Airbit’s PayPal account), credit card transaction fees, disputed payments, and refunds, except as provided in this Agreement. Payments received from Buyers for Transactions shall be remitted to Sellers in accordance with Airbit’s pricing page; provided, however, that if a Seller has an outstanding Revenue Share owed to Airbit, then the amount to be remitted to Seller will be reduced by the amount of the outstanding Revenue Share owed to Airbit. Airbit may offset against any amounts due to you as a Seller arising from a Transaction any amounts required to be or actually refunded by Airbit to any Buyer, and you agree to such offsets. 
      3. Airbit retains the right, but does not have the obligation, to immediately halt the offering or sale of any Beat, Sound Pack or Professional Services, prevent or restrict access to the Service or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Service, or for any other reason in the sole and absolute discretion of Airbit, and to correct any inaccurate listing or technical problems on the Service. Airbit may immediately halt the offering or sale of any Beat or Sound Pack upon receipt of notifications of claimed infringement, upon acquiring knowledge of actual infringement, or becoming aware of facts or circumstances from which infringing material is apparent or reasonably suspected with respect to any Beat or Sound Pack.
  6. Licenses
    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Airbit grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
    2. Limited License for Personal Store. For a Seller using a Personal Store, Airbit grants to such Seller a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Personal Store for the purpose of selling and licensing Beats and selling Sound Packs and Personal Services. By embedding the Personal Store, you agree that Airbit may use information collected through the Personal Store in accordance with our Privacy Policy.
    3. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
    4. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Airbit an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
  7. Ownership; Proprietary Rights. The Service is owned and operated by Airbit. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Airbit are protected by intellectual property and other laws. All Materials included in the Service are the property of Airbit or its third-party licensors. Except as expressly authorized by Airbit, you may not make use of the Materials. Airbit reserves all rights to the Materials not granted expressly in these Terms.
  8. Third-Party Terms
    1. Third-Party Services and Linked Websites. Airbit may provide tools through the Service that enable you to export information, including User Content, to third-party services (“Third-Party Services”), including through features that allow you to link your account on Airbit with an account on the Third-Party Service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Airbit may transfer that information to the applicable Third-Party Service. Third-Party Services are not under Airbit’s control, and, to the fullest extent permitted by law, Airbit is not responsible for any Third-Party Service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Airbit’s control, and Airbit is not responsible for their content.
    2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
  9. User Content
    1. User Content Generally. Certain features of the Service may permit users to upload, post or transmit content to or through the Service (collectively, “Post”), including, without limitation, Beats, Sound Packs, sound recordings, musical works, audio content, messages, reviews, photos, audiovisual works (and the sound recordings and musical works embodied therein), images, folders, data, text, and other types of works (collectively, “User Content”) and to Post User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service.
    2. Limited License Grant to Airbit. 
      1. You hereby grant Airbit an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid-up license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from Third-Party Services, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Post by any means and through any media and formats, whether now known or hereafter developed, for the purposes of: (i) advertising, marketing and promoting Airbit, the Service, and the availability of your User Content on the Service; (ii) displaying, sharing, selling, and otherwise offering your User Content to other users of the Service; and (iii) providing the Service as authorized by these Terms. You further grant Airbit a royalty-free license to use your user name, legal name, alias, image, voice, and likeness to identify you as the source of any of your User Content. You must not Post any User Content on or through the Service or transmit to Airbit any User Content that you consider to be confidential or proprietary. Any User Content Posted by you or otherwise transmitted to Airbit will be considered non-confidential and non-proprietary, and treated as such by Airbit, and may be used by Airbit in accordance with these Terms without notice to you and without any liability to Airbit. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to: (A) reproduce audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works; (B) publicly display audiovisual works; and (C) publicly perform and communicate to the public audiovisual works (and any sound recordings and musical works embodied therein), sound recordings (and any musical works embodied therein), and musical works, all on a royalty-free basis. This means that you are granting Airbit the right to Use your User Content without the obligation to pay royalties (including, but not limited to, mechanical royalties) to any third party, including, without limitation, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), the Mechanical Licensing Collective, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. For the avoidance of doubt, the rights granted herein constitute a direct voluntary license for, among other things, covered activities, as the terms “voluntary license” and “covered activities” are defined in 17 U.S.C. 115. Following any termination of the licenses set forth in this Section, Airbit may make and retain archival copies of your User Content in a manner consistent with Airbit’s practices regarding data retention and backups.
      2. If you are a Seller selling or licensing any Beat or selling any Sound Pack or Personal Services on the Service, you hereby grant to Airbit and its third-party service providers a non-exclusive, royalty-free, transferable license throughout the universe to copy, edit, store, distribute and otherwise exploit the Seller Materials (defined below) for the purpose of:
      3. making a Beat or Sound Pack available as a stream (i.e., transmit the Beat or Sound Pack in a manner that will not result in a reproduction of the Beat or Sound Pack being made on a local storage device by a consumer for future use) or watermarked download for the purposes of enabling Buyers to preview Beats and Sound Packs;
      4. displaying the Seller Materials (excluding Beats and Sound Packs) on Airbit’s Seller Tools; and
      5. using the Seller Materials in connection with the promotion and marketing of Airbit.
    3. You Must Have Rights to the Content You Post. You must not Post any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Airbit under these Terms. You represent and warrant that: (a) you own the User Content Posted by you or otherwise have all rights necessary to grant the license set forth in these Terms; (b) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Content; (c) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (d) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person resulting from Posting your User Content, including from Airbit’s exercise of the license set forth in Section 9.2.
    4. Specific Seller Obligations
      1. By uploading Beats or Sound Packs or making Personal Services available through our Seller Tools and uploading any associated artwork or other materials, including your name, biography and photograph (collectively, “Seller Materials”) through our Seller Tools, Sellers warrant and represent that:
      2. you have all necessary rights, authorizations and permissions to make the Seller Materials available via the Service in the manner offered by you;
      3. the Seller Materials do not infringe the rights of any third party, including any owners, writers, artists or musicians whose musical works or sound recordings might be sampled in a Beat or Sound Pack;
      4. the Seller Materials do not require any payments by Buyer to any third party for the reproduction, distribution, public performance, public display or other use of a Beat or Sound Pack unless otherwise stated in the Seller-Provided License;
      5. the Seller Materials shall not contain or transmit any virus or other harmful matter;
      6. you will not purchase your own Beats, Sound Packs or Personal Services or engage in any other activity to unfairly manipulate the appearance of your Beats, Sound Packs or Personal Services listing on the Marketplace or within the Airbit charts;
      7. you will not make copies of the Personal Store or Marketplace or attempt to modify, edit, disassemble, extract code or reverse engineer the same;
      8. you will display the Personal Store or Marketplace without alteration;
      9. you will not use the Personal Store or Marketplace for any illegal, unauthorized or offensive purposes;
      10. you will comply with all laws and regulations relating to the sale of Beats, Sound Packs and Personal Services; and
      11. you shall be responsible for any taxes, levies or duties that are due in respect of the Seller’s use of the Seller Tools and the Service.
    5. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to Airbit. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into these Terms with Airbit. Just because you authored a musical work (e.g., wrote a composition) does not mean you have the right to grant Airbit the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before posting your recording or performance of such musical work to the Service.  
    6. Through-To-The-Audience Rights. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of Third-Party Services will not have any separate liability to you or any other third party for User Content Posted or Used on such Third-Party Services via the Service.
    7. Waiver of Rights to User Content. By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post.
    8. Objectionable Content. You are not permitted to and agree not to Post any User Content that is or could be interpreted to be, as Airbit may determine in its sole discretion, (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((i) and (ii) collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please immediately email Airbit at copyright@airbit.com. You acknowledge and agree that Airbit provides you with the ability to report Objectionable Content as a courtesy, and Airbit has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to Airbit. However, Airbit in its sole discretion may take any actions it deems necessary and/or appropriate against any user who Posts Objectionable Content, including, without limitation, warning the user, suspending or terminating the user’s account, removing some or all of the user’s User Content and/or reporting the user to law enforcement authorities, either directly or indirectly. By accessing and using the Service, you acknowledge and agree that you may be exposed to Objectionable Content.  
    9. No Liability. For the avoidance of doubt, Airbit will not be liable for any use or misuse of User Content by any user.
    10. FTC Endorsement Guidelines. Notwithstanding any other provision in these Terms, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (a) make only accurate statements that represent your genuine experience with any product, good or service and (b) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such guides may be amended from time-to-time by the FTC. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.  
    11. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Airbit may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable in our sole discretion. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Airbit with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Airbit does not permit copyright-infringing activities on the Service.
    12. Monitoring Content. Airbit does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Airbit reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Airbit chooses to monitor the content, Airbit still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Airbit reserves the right to remove any User Content that it discovers on the Service in its absolute and sole discretion and without any liability to any user.  
  10. Communications 
    1. Text Messaging. Airbit and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing and/or operational text messages at any time by sending an email to support@airbit.com indicating that you no longer wish to receive such texts along with the phone number of the mobile device receiving the texts or by replying to the message with “STOP” or “END” from the mobile device receiving the messages. You may continue to receive text messages for a short period while Airbit processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
    2. Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page. 
    3. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO: 
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service, whether on or off the Service;
    3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    4. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    6. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
    7. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
    8. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
  12. Copyright and Intellectual Property Protection
    1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

      Airbit, Inc
      Attn: Copyright Department
      1605 Pacific AveVenice, CA 90291
      Email: copyright@airbit.com 
    2. Content of Notification. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of the material that you claim is infringing and where it is located on the Service;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
      6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    3. Repeat Infringer Policy. Airbit’s intellectual property policy is to: (a) remove or disable access to material that Airbit believes in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.  
    4. Consultation with Counsel. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
    5. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: 
      1. [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Airbit] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
      2. Airbit reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
  13. Modification of Terms. We reserve the right to change these Terms on a going-forward basis at any time upon seven (7) days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. 
  14. Term, Termination and Modification of the Service
    1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
    2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Airbit may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice and without any liability to you. You may terminate your account and these Terms at any time by contacting customer service at support@airbit.com. 
    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Airbit any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.4, 7, 14.3, 15, 16, 17, 18 and 19 will survive. 
    4. Modification of the Service. Airbit reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Airbit will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. 
  15. IndemnityTo the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Airbit, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Airbit Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Airbit from any and all claims by a third party owning, controlling or claiming any right in or to Beats, Sound Packs or Personal Services that you license, buy or sell, as applicable, including claims for performance royalties, synchronization royalties, mechanical royalties, and use or re-use fees. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  16. Disclaimers; No Warranties
    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. AIRBIT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AIRBIT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND AIRBIT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR AIRBIT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE AIRBIT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
    3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Airbit does not disclaim any warranty or other right that Airbit is prohibited from disclaiming under applicable law.
  17. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AIRBIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AIRBIT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    2. EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE AIRBIT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO AIRBIT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (b) $100.
    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  18. Dispute Resolution and Arbitration
    1. Generally. In the interest of resolving disputes between you and Airbit in the most expedient and cost effective manner, and except as described in Section 18.2 and 18.3, you and Airbit agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AIRBIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to Airbit, Inc, Attention: Legal Department – Arbitration Opt-Out, 1605 Pacific Ave, Venice, California, 90291, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Airbit receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice. 
    4. Arbitrator. Any arbitration between you and Airbit will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Airbit. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Airbit’s address for Notice is: Airbit, Inc, 1605 Pacific Ave, Venice, California, 90291. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Airbit may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Airbit must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Airbit in settlement of the dispute prior to the award, Airbit will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. 
    6. Fees. If you commence arbitration in accordance with these Terms, Airbit will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Airbit for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    7. No Class Actions. YOU AND AIRBIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Airbit agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    8. Modifications to this Arbitration Provision. If Airbit makes any future change to this arbitration provision, other than a change to Airbit’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Airbit’s address for Notice of Arbitration, in which case your account with Airbit will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    9. Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if Airbit receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
  19. Miscellaneous
    1. General TermsThese Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Airbit regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Airbit submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    3. Privacy Policy. Please read the Airbit Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Airbit Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 
    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    6. Contact InformationThe Service is offered by Airbit, Inc, located at 1605 Pacific Ave, Venice, California, 90291. You may contact us by sending correspondence to that address or by emailing us at support@airbit.com.
    7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
  20. Notice Regarding Apple. This Section 20 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Airbit only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and 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 of these Terms. You hereby 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.