BY DOWNLOADING, INSTALLING, USING, OR OTHERWISE ACCESSING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, USE, OR OTHERWISE ACCESS THE APPLICATION.
Subject to your agreement and continuing compliance with this Agreement, Taormina Innovations grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to download, install, and use the Application on any Apple-branded products that you control as permitted by the Usage Rules set forth in the App Store Terms of Service for your own non-commercial entertainment purposes on a single mobile device owned or otherwise controlled by you (“Mobile Device”), except that the Application may be accessed and used by other Apple accounts associated with you via Family Sharing or volume purchasing. You shall not use your Account or the Application for any other purposes.
You agree that you will not, under any circumstances:
Taormina Innovations reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of this Agreement or the Application itself.
You may be required to select a password and other credentials to access your Account. You are solely responsible for maintaining the confidentiality of your password and login credentials. If at any time you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your password or login credentials, you must immediately notify Taormina Innovations and change your password.
Taormina Innovations reserves the right to remove any usernames at any time for any reason.
Taormina Innovations reserves the right at all times to limit, suspend, terminate, modify, or delete Accounts or access to the Application if Taormina Innovations determines or suspects that you are failing to comply with any terms of the Agreement or for any actual or suspected illegal or improper use of the Application. Termination of your Account will result in your loss, without compensation, of your username and persona in the Application, including any benefits, privileges, earned items, and purchased items associated with your use of the Application.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application, your Account, or any Virtual Items or Merchandise within the Application, whether earned or purchased, under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Taormina Innovations reserves and retains its entire rights, title, and interests in the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Taormina Innovations may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Taormina Innovations has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Application. Based on your Mobile Device settings and when your mobile device is connected to the internet:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Taormina Innovations is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Taormina Innovations does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TAORMINA INNOVATIONS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TAORMINA INNOVATIONS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL (1) MEET YOUR REQUIREMENTS; (2) ACHIEVE ANY INTENDED RESULTS; (3) BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; (4) OPERATE WITHOUT INTERRUPTION; OR (5) MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; OR BE ERROR-FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF THIS AGREEMENT IS TERMINATED FOR ANY REASON, THIS DISCLAIMER OF WARRANTIES WILL SURVIVE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAORMINA INNOVATIONS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ANY OTHER CONTENT FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR TAORMINA INNOVATIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF THIS AGREEMENT IS TERMINATED FOR ANY REASON, THIS LIMITATION OF LIABILITY WILL SURVIVE.
You agree to indemnify, defend, and hold harmless Taormina Innovations and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. Your duty to indemnify Taormina Innovations survives any termination of this Agreement.
The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
You 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.
The illegality, unenforceability, or invalidity of any term, clause, or provision of this Agreement will not affect any other term, clause, or provision, and the Agreement will continue in full force and effect and be construed and enforced as if such provision had not been included.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power in this Agreement operates as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
The parties agree that, before suit is filed by either of them based on or pertaining to this Agreement, they will submit this dispute to mediation, as described in Section 154.023 of the Texas Civil Practice and Remedies Code.
This Agreement is governed by the laws of the State of Texas. Travis County, Texas, is the exclusive venue of any suits or causes of action arising directly or indirectly from this Agreement.
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