Terms and Conditions
Identification
Carlos Aviles Buitron is the sole proprietor of this site and the app QuestAR.
Email: QuestArApp@protonmail.com
Mailing Address:
13201 Roosevelt Ave PMB 818173
Flushing, NY 11354
1. Introduction and Agreement to these Terms of Service
Welcome and thank you for your interest in the QuestAR app and website.
Carlos Aviles Buitron is a developer and publisher of games and mobile game applications.
These terms of service (the "Terms") are a legally binding agreement and govern the relationship between you ("you", the “End-User") and Carlos Aviles Buitron (QuestAR, "we", "us", "our") concerning your access to and/or use Carlos Aviles Buitron"Website" as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the "Services"), whether on your computer, a mobile device or any platform.
The use of our Services is also governed by our Privacy Policy which is herein incorporated by reference.
You agree that these Terms inure to the benefit of Carlos Aviles Buitron's sister, parent, subsidiary or affiliated companies.
You agree that by accessing the Services, you have read, understand and agreed to be bound by all of these Terms.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS OUR SERVICES. YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any change by updating the “last updated" date of these Terms on this page and indicate the date of the most recent change. Please ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply to you. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
There may be information on the Website or in the apps that contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Website or in the Games at any time, without prior notice.
Our Apps may be published on various platforms and online stores, such as the Apple App Store, Google Play Store, Windows Phone Store, Amazon Appstore for Android, and any other platform where you can use our Apps such as Facebook or Poki platforms (the « Platforms »). In case you download the Apps through such Platforms, please review the terms and conditions of these particular Platforms, which may provide for certain additional requirements applicable to the download of the Apps through these Platforms, their installation and use.
By using our apps you agree to our Terms of Use and confirm that you have read our privacy policy. You also confirm you are over the age that requires parental consent in your country.
You represent that you are accessing our apps as a private person (consumer). Services offered by Carlos Aviles Buitron are intended solely for the purpose of entertainment. No commercial use of our apps is allowed.
2. User Representations
By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purposes; and (5) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
3. End-User Licence Agreement (EULA)
3.1. Licence
Provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable, revocable, worldwide license to access and use the Services solely for your personal, non-commercial use.
If you violate any of these Terms, we reserve the right to terminate your license without notice.
You are responsible for maintaining the confidentiality of your login Information, and you are responsible for all uses of the login Information, including purchases, whether or not authorized by you.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
3.2. In-Game Currencies and Goods
3.2.1. General rules
No virtual goods, currencies, coins, gems, etc. are sold on the QuestAR app.
3.2.2. Specificities of Subscriptions
No subscriptions are sold or availableare on the QuestAR app.
4. Ownership; Intellectual Property Rights
4.1. General rules
Unless otherwise indicated, the Services, the Games and the Website are Carlos Aviles Buitron' proprietary property and all and any source code, databases, functionalities, designs, audio, videos, texts, photographs, graphics, characters, character names, stories, dialogue, artwork, animations, musical compositions, audio-visual effects, methods of operation, documentation (the “Content") and the trademarks, service marks and logos contained therein (the “Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws and international conventions.
The Content and the apps are provided on the Services “AS IS" for your personal use only.
Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Service solely for your personal, non-commercial use. CARLOS AVILES BUITRON reserves all rights not expressly granted to you in to the Services, the Content and the Apps.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU UNDER THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS.
All copyright and other proprietary notices shall be retained on all reproductions.
4.2. User Generated Contributions
Our Services do not offer users to submit or post content.
4.3. Contribution License
You agree that we have the right to access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
4.4. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (&qopt;Submissions") provided by you to us are non-confidential and shall become our sole and exclusive property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement of misappropriation of any proprietary right in your Submissions.
5. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services shall not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
If we find in our sole and exclusive discretion that you have violated these Terms, we reserve the right to take any measures it considers necessary, including suspending or terminating your access to and use of the apps.
You agree that your use of and conduct in the apps shall be lawful and you agree not to: transmit or post any content or language which, in Carlos Aviles Buitron's sole and absolute discretion, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above; systematically retrieve data or other information from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein; disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; use any information obtained from the Services in order to harass, abuse, or harm another person; make improper use of our support services or submit false reports of abuse or misconducts; use the Services in a manner inconsistent with any applicable laws or regulations; engage in unauthorized framing of or linking to the Services; upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, operation, or maintenance of the Services; engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; delete the copyright or other proprietary rights notice from any Content; attempt to impersonate another user or person or use the username of another user; upload or transmit (or attempt to upload or transmit) any material that acts as passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware" or “passive collection mechanisms"); interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you; attempt to bypass any measures of the Services design to prevent or restrict access to the Services, or any portion of the Services; copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, Python, C# or any other code; make any unauthorized use of of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; communicate or post any user's personal information, including but not limited to another user's address, phone number, e-mail address or credit card number; decipher, reverse engineer, decompile, reverse assemble, modify or attempt to discover any of the software (source code or object code) comprising or in any way marking up a part of the Services; create more than one account per Platform to access our Services; disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges; sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real money or items of monetary value; use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services, or the Games' experience; violate any requirements or regulations of any network or Platform connected to our Services. You are solely responsible for your interactions with the other users of our Services.
6. Services Management
Without limiting any other provisions of these Terms, we reserve the right to: (1) monitor the Services for violations of these Terms; (2) take any appropriate action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities, suspending your access to our Services or resetting any apps progression or benefits associated with your account; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
7. Availability of the Services
We reserve the right to change, update or remove our Services in whole or in part without notice to you (provided that such changes do not result in material degradation of the functionalities (in whole or in part) of the Services that have been paid-for with real money).
We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money). We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates or releases in connection therewith.
We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR ACCESS TO OUR SERVICES OR PORTIONS THEREOF IF YOU, IN OUR SOLE DISCRETION, VIOLATE ANY OF THESE TERMS OR ENGAGE IN ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND CARLOS AVILES BUITRON IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISKS OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEATED INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
8. Term and Termination
These Terms shall remain in full force and effect while you use our Services.
WITHOUT LIMITING ANY OTHER PROVISION IF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY THE USE OF OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF THESE TERMS OR ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account or access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
WE ALSO RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Upon termination of this Agreement, your right to use and access to the Games will terminate automatically and immediately. You will not be entitled to any right to refund regarding any Virtual Currency or Virtual Items purchased in the Games.
You may also terminate this Agreement with immediate effect by deleting the apps from your device or removing the apps from your Facebook apps.
9. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
CARLOS AVILES BUITRON IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENTS OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
(3) UNAUTHORIZED ACCESS TO AND USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THOUGH THE SERVICES BY ANY THIRD PARTY; AND/OR
(6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10. Limitations of Liability
IN NO EVENT WILL CARLOS AVILES BUITRON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, CARLOS AVILES BUITRON'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
11. Indemnification
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD CARLOS AVILES BUITRON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, OR ANY ACTION TAKEN BY CARLOS AVILES BUITRON AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
12. Privacy
The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is CARLOS AVILES BUITRON.
CARLOS AVILES BUITRON collects, processes, uses and shares your personal information in accordance with CARLOS AVILES BUITRON's Privacy Policy and as set out in these terms. If you do not agree to our Privacy Policy, you should not download or access our Games or otherwise access and/or use our Services.
Please refer to CARLOS AVILES BUITRON's Privacy Policy here: privacy-policy
13. Severability
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
14. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.
15. Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at questappar@photonmail.com.
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the United States of America.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
16. Online dispute resolution for consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such a platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
17. Notice
Any notice provided to Carlos Aviles Buitron pursuant to these Terms should be sent to questarapp@photonmail.com
These Terms are based, in part, on Termly’s Terms and Conditions Generator.
APPLE's Specific Terms of End-User License Agreement
1. Scope of License: The license granted to the End-User for the Licensed Application (the Games) is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
2. Maintenance and Support: Carlos Aviles Buitron is responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Carlos Aviles Buitron and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
3. Warranty: Carlos Aviles Buitron is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
4. Product Claims: Carlos Aviles Buitron and the End-User acknowledge that Carlos Aviles Buitron is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
5. Intellectual Property Rights: Carlos Aviles Buitron and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party's intellectual property rights, Carlos Aviles Buitron will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Legal Compliance: The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
7. Third Party Beneficiary: Carlos Aviles Buitron and the End-User acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon the End-User's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms gainst the End-User as a third party beneficiary thereof.