Mobile Application Terms and Conditions
Last Updated: May 2, 2018
Radinn is the developer, manufacturer and sales agent of jetboards and related products and platforms. You understand and agree that our commercial and recreational jetboards and other hardware and physical products, and the firmware contained therein (collectively, “Radinn Hardware”) are not considered part of the Service. The terms and any warranties that apply to Radinn Hardware are included with such Radinn Hardware.
These Terms provide that all disputes between you and Radinn will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, 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, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with Radinn.
You acknowledge and agree that, as provided in further detail in these terms:
- The Radinn App is licensed, not sold to you, and that you may use the Service only as set forth in these Terms;
- The use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
- Access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates;
- The Service is provided “as is” without warranties of any kind and Radinn’s liability to you is limited; and
- If you are using the Radinn App on an IOS-based device, you acknowledge and agree to the “Notice Regarding Apple” below.
Radinn App and Service Overview.
You may use the Radinn App to control Radinn Hardware. You may also use the Radinn App to plan ride paths, to simulate rides, and to upload rides from Radinn Hardware to web-based hosting platforms, including Radinn’s iOS and Android Applications.
You must be at least 18 years of age to use the Service, including the Radinn App. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Accounts and Registration.
To access certain features of the Service available through the Radinn App, you must register for and sign in with a Radinn account. When you register for a Radinn account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant 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 Radinn account and password, and you accept responsibility for all activities that occur under your Radinn account.
Using the Radinn App to Operate Radinn Hardware
4.1 Your Obligations.
By using the Radinn App, and by entering into these Terms, you represent and warrant that your use of the Radinn App complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Radinn App except as expressly permitted under these Terms. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Service Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach. Radinn reserves the right to review, remove, or disable access to user generated content, including ride paths (collectively, “User Content”) in violation of the applicable laws and regulations in China. Radinn also welcomes users to report any User Content that is in violation of the applicable laws and regulations.
4.2 Ride Environment Data
The Radinn App may include features that provide you with certain waterways and geographical data, including but not limited to the location of restricted waterways, prohibited waterways, temporary ride restriction areas, maritime protection areas, which are sometimes referred to by Radinn as geofencing information, No Ride Zones or the Geospatial Environment Online (GEO) system (collectively, “Ride Environment Data”). Ride Environment Data is provided to you by Radinn as a courtesy to you and for your informational purposes only – YOU MUST NOT RELY ON THE Ride ENVIRONMENT DATA. You agree to consult and rely only upon official sources of maritime, agency, governmental and other federal and marine information other than the Ride Environment Data in connection with your operation of any Radinn Hardware. The fact that Radinn’s Ride Environment Data may not report a ride restriction in your intended operating area does not guarantee that your ride is safe or that it is legal to operate Radinn Hardware in that location. Please note that Ride Environment Data may include information from maritime authorities, municipalities, or other publicly available sources, and any manned waterways information contained in the Ride Environment Data is typically updated at industry-standard twenty-eight (28) day intervals. If you choose not to operate your Radinn Hardware using a device that maintains a live internet data connection, you will not receive the latest Ride Environment Data that Radinn may be able to provide to you.
You agree that you are solely responsible for the safety of your ride operation, including but not limited to obtaining any required governmental authorizations and maintaining a safe distance from manned and unmanned watercraft traffic, structures, vehicles, ground hazards, infrastructure, emergency personnel and swimmers, and exercising reasonable judgment when evaluating whether or not it is safe to operate Radinn Hardware at a given time or place.
Radinn is under no obligation to restrict you from riding your Radinn Hardware in areas that pose safety or security concerns. In some instances, however, Radinn may limit or disable the operation of the Radinn Hardware in locations that raise safety or security concerns and these locations may change with or without notice when Radinn determines that a location raises a safety or security concern.
4.3 Account Verification
Radinn may enable you to “verify” your Radinn account. Radinn may grant users with verified accounts access to certain functions and features of the Service, including the ability to self-authorize or “unlock” ride operations in locations that are categorized by Radinn’s Geospatial Environment Online system as raising safety or security issues.
Radinn may verify your account by reviewing the validity of a personal credential, such as a payment card or mobile phone number. If you provide Radinn or its third party verification service provider with your mobile phone number, you expressly authorize Radinn, or their agents to transmit to you one or more text message numeric codes for the purpose of accomplishing the verification process. Your standard text messaging rates will apply. By providing Radinn or a third-party service provider with credit card or debit card information, you expressly authorize Radinn, a third-party service provider, or their agents to contact your card issuer to confirm that the card number you provide is currently valid. Radinn does not collect or store credential information you provide, but third-party service provider may retain credential information for compliance or other purposes in the course of providing verification services for Radinn. By providing credential information to Radinn and/or Third-party service provider, you agree that Radinn and/or Third-party service provider may retain credential information and provide such information, as well as your user login ID or email address, to government authorities, law enforcement agencies, regulatory agencies and other duly authorized parties as may be required by or permitted under applicable laws. By using a verified account to unlock or self-authorize ride operations in locations that are categorized by Radinn’s Geospatial Environment Online system as raising safety or security issues, you are authorizing Radinn to disclose information about that decision to government authorities if Radinn is required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or request, or to otherwise cooperate with law enforcement or other governmental agencies.
Account verification may expire and renewal is required at intervals determined by Radinn and subject to change at Radinn’s sole discretion. Radinn reserves the right to revoke account verification at its own discretion, for any or no reason.
- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
- 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;
- 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) attempting to collect 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, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- perform any fraudulent activity in connection with your obtaining or using the Services, including impersonating any person or entity, claiming a false affiliation, accessing any other Radinn account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any Ride Environment Data, or any right or ability to view, access, or use any Materials or any Ride Environment Data; or
attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.
Termination of Use; Discontinuation and Modification of the Service.
If you violate any provision of these Terms, your permission from us to use the Service, including the Radinn App, will terminate automatically. In addition, Radinn may in its sole discretion terminate your Radinn account or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or features of the Service at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Service, you will not have access to any data or content recorded using the Service or otherwise contained in the Service, and we will have no responsibility to provide you access to such data or content. You may terminate your Radinn account at any time by contacting customer service at email@example.com
- Additional Terms.Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service (the“Additional Terms” ), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 8 below. All Additional Terms are incorporated by this reference into and made a part of these Terms.
Third Party Software. 1.1 The software you download comprises a package of components, including certain commercial third party software (“Third Party Software” ) provided under separate license terms (the “Third Party Terms” ), as described in more detail at www.radinn.com/policy for IOS and Android. Your use of the Third Party Software in conjunction with the Radinn App in a manner consistent with these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
Modification of these Terms.
Ownership; Proprietary Rights.
The Service is owned and operated by Radinn. 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 Radinn are protected by intellectual property and other laws. All Materials contained in the Service are the property of Radinn or our third-party licensors. Except as expressly authorized by Radinn, you may not make use of the Materials. Radinn reserves all rights to the Materials not granted expressly in these Terms.
- Feedback;Beta Versions.
- 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 Radinn an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose.
Beta or Trial Versions. 1.1 Radinn may offer “beta” versions or features of the Service (each, a “Beta Service”). Radinn will determine, at its sole discretion, the availability, duration (the “Trial Period”), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will Radinn be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If Radinn permits you to use a Beta Service, you agree to provide Radinn Feedback and respond to Radinn’s questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. Radinn at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 10, these Terms govern your use of the Beta Service as part of the Service.
You are responsible for your use of the Service. You will defend and indemnify Radinn and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Radinn Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. 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 that claim.
Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS, RIDE ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RADINN ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, RIDE ENVIRONMENT DATA, 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. THE RADINN ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, RIDE ENVIRONMENT DATA, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, RIDE ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RADINN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS, RIDE ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR RADINN HARDWARE USED IN CONNECTION WITH THE SERVICE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability.
IN NO EVENT WILL THE RADINN 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, RIDE ENVIRONMENT DATA, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RADINN ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 16.4(iii), THE AGGREGATE LIABILITY OF THE RADINN 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 $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Radinn agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We make no representation that the Service or any Materials or Ride Environment Data included in the Service are appropriate or available for use in your location.
- Dispute Resolution and Arbitration
- Generally. In the interest of resolving disputes between you and Radinn in the most expedient and cost effective manner, you and Radinn 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 RADINN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 16.1, 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; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Radinn will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively,“AAA Rules” ) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. 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 Radinn.
- Notice;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 such other party has not provided a current physical address, then by electronic mail (“Notice”). Radinn’s address for Notice is: Grimsbygatan 24, 21120 Malmö, Sweden. The Notice 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 is received, you or Radinn may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Radinn must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Radinn will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Radinn in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
- Fees. If you commence arbitration in accordance with these Terms, Radinn 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 San Francisco 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 Radinn 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.
- No Class Actions. YOU AND RADINN 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 Radinn 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.
- Modifications of This Arbitration Provision. If Radinn makes any future change to this arbitration provision, other than a change to Radinn's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Radinn’s address for Notice, in which case your account with Radinn will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 (other than, in the latter case, Section 16.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.
Consent to Electronic Communications.
The Service is offered by Radinn AB. and its affiliated companies, located at Grimsbygatan 24, 211 20 Malmö, Sweden. you may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
Notice Regarding Apple.
If you are using our mobile applications on an iOS device, the terms of this Section 19 apply. You acknowledge that these Terms are between you and Radinn only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or 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 claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that 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. You hereby represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.