PRODUB APPLICATION END USER LICENSED AGREEMENT
Please select the mobile platform to read the Terms and Conditions that apply to your produb account.
Please select the mobile platform to read the Terms and Conditions that apply to your produb account.
The Iyuno Sweden Holding II AB family of companies (“Company”) develops and makes available technologies and services designed to serve the entertainment industry, focusing on media localization, including our Produb application and all related online and mobile resources (“Application”). Company makes the Application available to both “Creative Users” who are professionals seeking projects through the Application such as individual actors, singers, editors, sound engineers, directors, translators, adaptors, and lyricists and “Production Users” who are those searching for Creative Users to fill projects, such as producers, production companies, studios and other business entities in the entertainment industry. The phrase “Users” is used to collectively refer to Creative Users and Production Users. Company presents these the terms and conditions of this End User License Agreement (this “EULA”) to tell Users about the rights and obligations with respect to the Application.
PLEASE READ CAREFULLY THIS EULA BEFORE DOWNLOADING, INSTALLING OR USING THE APPLICATION. THIS IS A LEGAL AGREEMENT BETWEEN COMPANY AND THE PERSON ACCESSING THE APPLICATION (“YOU” AND “YOUR”). IF YOU ARE ACCESSING THIS APPLICATION ON BEHALF OF A COPORATION OR OTHER SIMILAR ENTITY, YOU ARE ACKNOWLEDGING THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE CONTRACT FORMED BY THIS EULA AND ALL REFERENCES TO “YOU” AND “YOUR” SHALL MEAN THAT ENTITY AND THE INDIVIDUAL PERSON BUINDING SUCH ENTITY. THIS EULA AND COMPANY’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE APPLICATION.
IF YOU CLICK ON THE [“ACCEPT” OR “YES” BUTTON], YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE CONTRACT FORMED BY THIS EULA AND ANY SUBSEQUENT REFERENCE TO THE WORD “EULA” HEREIN SHALL BE A REFERENCE TO THAT CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK THE [“DO NOT ACCEPT” OR “NO”] BUTTON TO STOP USING AND DELTE THE APPLICATION.
Prior to using the Application, you and Users will be required to download a mobile app through which you will need to set up an account (“Account”). You will only submit complete, accurate and current information in connection with your Account and update it as necessary. Failure to do so may result in suspension or termination of your Account and use of the Application. Account set up also includes our issuance or your creation of authentication credentials (e.g., user name/password). You must maintain strict confidentiality of such credentials. You are responsible for all activity under the Account.
Subject to the terms and conditions of this EULA, Company hereby grants You a limited, non-exclusive, non-transferable license to use the Application on any compatible device. This license does not allow You to use the Application on any device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You must comply with applicable third party terms of agreement when using the Application (e.g., your wireless data service). The terms of this EULA will govern any upgrades to the Application provided by Company that replace or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Use of the Application and any of Your information transmitted in connection with the Application is limited to your personal use and the functionality of the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except and only to the extent any foregoing restriction is prohibited by applicable law. You may not use or allow others to use the Application for any purpose not expressly permitted by this EULA. In no event may the Application be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary or confidential information; (d) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (e) attempts to gain unauthorized access to Company’s computer network or user accounts; (f) encourages conduct that could constitute a criminal offense or would give rise to civil liability; (g) commercially exploits the Application or otherwise providing the Application to third parties (whether by sublicense, sale or other means); (h) creates benchmarking or gathers competitive intelligence; (i) removes, modifies or obscures proprietary rights notices; (j) intercepts or expropriates data; (k) spams, spoofs or otherwise misrepresents transmission sources; or (l) violates this EULA. In all events, if you are acting on behalf of a corporate entity, that entity will be responsible for the acts and omissions of any individual permitted to access or use the Application in the scope of their employment or engagement. Company reserves the right, in its sole discretion, to terminate this EULA, request that You remove the Application from Your device(s) for any reason, including, but not limited to, Company’s reasonable conclusion that You have violated this EULA. You must comply with all laws applicable to Your use of the Application. If You are required to provide a government or regulatory body with access to the Application, then such access must be subject to this Section and to Our rights and Your obligations with respect to Us as Your third party licensor under FARS and DFARS (or their successor regulations).
To the extent that the Application enables You to access, on-line or otherwise, materials or content provided by third parties (“Third Party Content”), such Third Party Content may be the property of the applicable Third Party Content owner and may be protected by applicable copyright law. This EULA does not grant You any rights to the Third Party Content other than in connection with the Application nor impose any responsibility or liability on Company for the Third Party Content. Moreover, You understand that using the Application may require internet access, and You understand that by using any of the services You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You acknowledge that Company shall not have any liability to You for Third Party Content, including content that may be found to be offensive, indecent or objectionable. By using the Application, You acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Content. Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any User or third-party services, materials or websites, including payment therefore.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, by using the Application, You 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. In addition, the Application may not be exported or re-exported into any of the countries included in such lists or to any persons on such lists.
You acknowledge that the Application may contain features and functionality (including code that acts as keys to “lock” and “unlock” access to the Application) designed to render the Application technologically incapable of being used in any manner except as permitted under this EULA. Any attempt to do so is a violation of the rights of Company and its licensors. If You breach these restrictions, You may be subject to prosecution and damages.
You acknowledge and agree that the inherent function and value of the Application involves the sharing of information, ideas, suggestions, concepts, or other content submitted by You voluntarily or at Company’s request (collectively, “Submitted Content”) between and among Users. As such, Company cannot, treat Submitted Content as confidential information hereunder. You hereby grant to Company a worldwide, perpetual, irrevocable, non-exclusive, license to possess and use the Submitted Content in any lawful manner necessary to deliver the Application including by publishing such Submitted Content to other Users for purposes of allowing them and You to post, and respond to projects, evaluate experience or otherwise make use of the generally available features and functions of the Application provided that personal information portions of Submitted Materials will only be used as described in Company’s Privacy Policy. By providing Submitted Content You represent and warrant that You own or otherwise have all necessary rights to do so and that the Submitted Content complies with all applicable laws. Company cannot be responsible for maintaining any Submitted Content that You provide; therefore, You should retain copies of all such data and information in Your own records.
You agree that Vendor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Company may use this information, as long as it is in a form that does not personally identify You, to improve our products and to provide services or other technologies to You.
As between You and Company, all intellectual property rights (including copyrights, trademarks and patents), proprietary rights (including trade secrets) and moral rights (including rights of authorship and modification) throughout the world in and to the Application and all of its derivative works and improvements are owned or licensed by, and are proprietary to, Company. You are prohibited from using Company and Company’s products’ names, brands or logos in any manner.
This license is effective until terminated by You or Company. Your rights under this license will terminate automatically without notice from Company if You fail to comply with any terms of this EULA. Upon termination of the license, You shall cease all use delete the Application.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THEY ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THEIR CONTENT, FEATURES AND FUNCTIONS, AND ANY ACCOUNTS OR SERVICES THAT YOU ACCESS THROUGH THEM HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company’s total liability to You for all damages (other than as required by applicable law in cases involving personal injury) exceed the amount of [$50.00]. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You will defend, indemnify and hold Company harmless from all claims, causes of action and all damages, costs and expenses (including reasonable legal costs) arising from Your breach of this EULA. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. You must bring all claims and causes of action within 6 months of their being discovered. These limitations and exclusions apply to all claims or causes of action under whatever theory brought and whether or not Company was advised of the possibility of the claim.
Company makes no commitment under this EULA to provide You with support, maintenance, updates, patches or bug-fixes for the Application. To the extent that any maintenance or support is required by applicable law, Company will furnish any such maintenance or support pursuant to Company’s policies.
If You should have any questions, complains or claims with respect to the Application, you should contact Company using the following contact information: Iyuno Sweden Holding II AB, with a place of business address at 3601 W Olive Avenue, Suite 650, Burbank, Los Angeles CA 91505, California.
The laws of the State of New York, excluding its conflicts of law rules, govern this EULA and Your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws. All disputes between the parties shall be brought in the courts of the State of New York located in the County of New York or the Federal District Courts sitting in the Southern District of New York, and such courts shall have exclusive substantive and procedural jurisdiction.
IF EITHER YOU OR COMPANY WANT TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER UNDER THIS EULA, OR IF ANY DISPUTE ARISES BETWEEN THE PARTIES AS A RESULT OF THIS EULA OR YOUR USE OF THE APPLICATION, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH A CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC TERMS BELOW, EACH OF YOU AND COMPANY ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
All claims, causes of actions and disputes (collectively, “Disputes”) that cannot be resolved by the parties after a good faith effort at negotiation shall be submitted for arbitration administered by the American Arbitration Association ("AAA"). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to this EULA, unless you are an individual and use the products and services for personal or household use, in which case the AAA will apply the Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules, and fee information from the AAA website (www.adr.org). The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to Company should be sent to Company, gdpr@iyuno.com. Company will provide notice to Your email address(es) and street address(es), if any, associated with your Account at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. Regardless of such notice, no arbitration may be commenced if barred by the statute of limitations applicable to the Dispute. The arbitrators shall have no power to award punitive damages or any other damages not measured by the prevailing party’s actual damages or damages in excess of the limitations set forth in Section 8. Even if other portions of these arbitration provisions are held to be invalid or unenforceable, the arbitrators shall not have the power award or impose any remedy that could not be made or imposed by a court sitting in the jurisdiction and venue agreed to by the parties and deciding the matter in accordance with the governing law agreed to by the parties. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either party prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are subject to the U.S. Federal Arbitration Act and hereby declared to be self executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Unless You and Company agree otherwise, the arbitration will occur in U.S. English and take place in Los Angeles, California. Payment of any fees will be decided by the applicable AAA rules.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE 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 (COLLECTIVELY, THE “CLASS ACTION WAIVER”). Further, unless both You and Company 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. If for any reason the Class Action Waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
Section headings are used for convenience of reference only. All legal notices must be sent “ATTN: EULA” by certified mail or reputable overnight courier to the address set out in Section 10. Failures in performance beyond Company’s control are excused. Unenforceable provisions will be reformed to permit enforceability with maximum effect to the original intent. Waiver of a breach is not waiver of other or later breaches. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to,” unless otherwise indicated. This EULA is the entire agreement between You, Company and Company licensors with respect to the Application and supersedes any other verbal or written agreement. We reserve the right to change this EULA from time to time upon notice to You. Each updated or supplemented version of this EULA shall supersede the prior version. The English language version of this EULA is the controlling version regardless of any translation.
The Iyuno US Holding, Inc. family of companies (“Company”) develops and makes available technologies and services designed to serve the entertainment industry, focusing on media localization, including the Produb application and all related online and mobile resources (“Application”). Company makes the Application available to both “Creative Users” who are professionals seeking projects through the Application such as individual actors, singers, editors, sound engineers, directors, translators, adaptors, and lyricists and “Production Users” who are those searching for Creative Users to fill projects, such as producers, production companies, studios and other business entities in the entertainment industry. The phrase “Users” is used to collectively refer to Creative Users and Production Users. Company presents these the terms and conditions of this End User License Agreement (this “EULA”) to inform Users about the rights and obligations with respect to the Application.
PLEASE READ CAREFULLY THIS EULA BEFORE DOWNLOADING, INSTALLING OR USING THE APPLICATION. THIS IS A LEGAL AGREEMENT BETWEEN COMPANY AND THE PERSON ACCESSING THE APPLICATION (“YOU” AND “YOUR”). IF YOU ARE ACCESSING THIS APPLICATION ON BEHALF OF A COPORATION OR OTHER SIMILAR ENTITY, YOU ARE ACKNOWLEDGING THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE CONTRACT FORMED BY THIS EULA AND ALL REFERENCES TO “YOU” AND “YOUR” SHALL MEAN THAT ENTITY AND THE INDIVIDUAL PERSON BINDING SUCH ENTITY. THIS EULA AND COMPANY’S PRIVACY POLICY,, WHICH IS INCORPORATED HEREIN BY REFERENCE, GOVERN YOUR ACCESS TO AND USE OF THE APPLICATION.
IF YOU CLICK ON THE [“ACCEPT” OR “YES” BUTTON], YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE CONTRACT FORMED BY THIS EULA AND ANY SUBSEQUENT REFERENCE TO THE WORD “EULA” HEREIN SHALL BE A REFERENCE TO THAT CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK THE [“DO NOT ACCEPT” OR “NO”] BUTTON TO STOP USING AND DELETE THE APPLICATION.
Prior to using the Application, you and Users will be required to download a mobile app through which you will need to set up an account (“Account”). You will only submit complete, accurate and current information in connection with your Account and update it as necessary. Failure to do so may result in suspension or termination of your Account and use of the Application. Account set up also includes our issuance or your creation of authentication credentials (e.g., user name/password). You must maintain strict confidentiality of such credentials. You are responsible for all activity under the Account.
Subject to the terms and conditions of this EULA, Company hereby grants You a limited, non-exclusive, non-transferable license to use the Application on any iOS computing device that You own or control and as permitted by the Usage Rules of the Apple, Inc. (“Apple”) App Store Terms and Conditions found at http://www.apple.com/legal/itunes/us/terms.html#APPS (the “Usage Rules”). This license does not allow You to use the Application on any computing device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You must comply with applicable third party terms of agreement when using the Application (e.g., your wireless data service). The terms of this EULA will govern any upgrades to the Application provided by Company that replace or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Use of the Application and any of Your information transmitted in connection with the Application is limited to your personal use and the functionality of the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except and only to the extent any foregoing restriction is prohibited by applicable law. You may not use or allow others to use the Application for any purpose not expressly permitted by this EULA. In no event may the Application be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary or confidential information; (d) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (e) attempts to gain unauthorized access to Company’s computer network or user accounts; (f) encourages conduct that could constitute a criminal offense or would give rise to civil liability; (g) commercially exploits the Application or otherwise providing the Application to third parties (whether by sublicense, sale or other means); (h) creates benchmarking or gathers competitive intelligence; (i) removes, modifies or obscures proprietary rights notices; (j) intercepts or expropriates data; (k) spams, spoofs or otherwise misrepresents transmission sources; or (l) violates this EULA. In all events, if you are acting on behalf of a corporate entity, that entity will be responsible for the acts and omissions of any individual permitted to access or use the Application in the scope of their employment or engagement. Company reserves the right, in its sole discretion, to terminate this EULA, request that You remove the Application from Your device(s) for any reason, including, but not limited to, Company’s reasonable conclusion that You have violated this EULA. You must comply with all laws applicable to Your use of the Application. If You are required to provide a government or regulatory body with access to the Application, then such access must be subject to this Section and to Our rights and Your obligations with respect to Us as Your third party licensor under FARS and DFARS (or their successor regulations).
To the extent that the Application enables You to access, on-line or otherwise, materials or content provided by third parties (“Third Party Content”), such Third Party Content may be the property of the applicable Third Party Content owner and may be protected by applicable copyright law. This EULA does not grant You any rights to the Third Party Content other than in connection with the Application nor impose any responsibility or liability on Company for the Third Party Content. Moreover, You understand that using the Application may require internet access, and You understand that by using any of the services You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You acknowledge that Company shall not have any liability to You for Third Party Content, including content that may be found to be offensive, indecent or objectionable. By using the Application, You acknowledge and agree that Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Content. Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any User or third-party services, materials or websites, including payment therefore.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, by using the Application, You 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. In addition, the Application may not be exported or re-exported into any of the countries included in such lists or to any persons on such lists.
You acknowledge that the Application may contain features and functionality (including code that acts as keys to “lock” and “unlock” access to the Application) designed to render the Application technologically incapable of being used in any manner except as permitted under this EULA. Any attempt to do so is a violation of the rights of Company and its licensors. If You breach these restrictions, You may be subject to prosecution and damages.
You acknowledge and agree that the inherent function and value of the Application involves the sharing of information, ideas, suggestions, concepts, or other content submitted by You voluntarily or at Company’s request (collectively, “Submitted Content”) between and among Users. As such, Company cannot, treat Submitted Content as confidential information hereunder. You hereby grant to Company a worldwide, perpetual, irrevocable, non-exclusive, license to possess and use the Submitted Content in any lawful manner necessary to deliver the Application including by publishing such Submitted Content to other Users for purposes of allowing them and You to post, and respond to projects, evaluate experience or otherwise make use of the generally available features and functions of the Application provided that personal information portions of Submitted Materials will only be used as described in Company’s Privacy Policy. By providing Submitted Content You represent and warrant that You own or otherwise have all necessary rights to do so and that the Submitted Content complies with all applicable laws. Company cannot be responsible for maintaining any Submitted Content that You provide; therefore, You should retain copies of all such data and information in Your own records.
You agree that Vendor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Company may use this information, as long as it is in a form that does not personally identify You, to improve our products and to provide services or other technologies to You.
As between You and Company, all intellectual property rights (including copyrights, trademarks and patents), proprietary rights (including trade secrets) and moral rights (including rights of authorship and modification) throughout the world in and to the Application and all of its derivative works and improvements are owned or licensed by, and are proprietary to, Company. You are prohibited from using Company and Company’s products’ names, brands or logos in any manner. You acknowledge that, in the event of any third party claim that the Application or Your use of the Application infringes any third party’s intellectual property rights, Company, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Application be found to infringe the intellectual property rights of a third party, Your sole remedy shall be either to cease using the Application or to use a non-infringing version of the Application should Company choose to provide You with one.
Company and You, as the end-user of the Application, acknowledge that this EULA is entered into by and between You and Company and not with Apple. Notwithstanding the foregoing, You acknowledge that Apple and its subsidiaries are third-party beneficiaries of this EULA and that Apple has the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary hereof. Company, not Apple, is responsible for the Application and the content therein. You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the Application.
This license is effective until terminated by You or Company. Your rights under this license will terminate automatically without notice from Company if You fail to comply with any terms of this EULA. Upon termination of the license, You shall cease all use delete the Application.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THEY ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. In the event that any warranty is not effectively disclaimed, should there be a failure of the Application to conform to such warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You, if any. To the maximum extent permitted by law, Apple will have no other warranty obligations whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, THEIR CONTENT, FEATURES AND FUNCTIONS, AND ANY ACCOUNTS OR SERVICES THAT YOU ACCESS THROUGH THEM HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company’s total liability to You for all damages (other than as required by applicable law in cases involving personal injury) exceed the amount of [$50.00]. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You will defend, indemnify and hold Company harmless from all claims, causes of action and all damages, costs and expenses (including reasonable legal costs) arising from Your breach of this EULA. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. You must bring all claims and causes of action within 6 months of their being discovered. These limitations and exclusions apply to all claims or causes of action under whatever theory brought and whether or not Company was advised of the possibility of the claim.
Company makes no commitment under this EULA to provide You with support, maintenance, updates, patches or bug-fixes for the Application. To the extent that any maintenance or support is required by applicable law, Company will furnish any such maintenance or support pursuant to Company’s policies.
If You should have any questions, complains or claims with respect to the Application, you should contact Company using the following contact information: Iyuno Sweden Holding II AB, with a place of business address at 3601 W Olive Avenue, Suite 650, Burbank, Los Angeles CA 91505, California.
You and Company acknowledge that Company, and not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.
The laws of the State of New York, excluding its conflicts of law rules, govern this EULA and Your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws. All disputes between the parties shall be brought in the courts of the State of New York located in the County of New York or the Federal District Courts sitting in the Southern District of New York, and such courts shall have exclusive substantive and procedural jurisdiction.
IF EITHER YOU OR COMPANY WANT TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER UNDER THIS EULA, OR IF ANY DISPUTE ARISES BETWEEN THE PARTIES AS A RESULT OF THIS EULA OR YOUR USE OF THE APPLICATION, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH A CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC TERMS BELOW, EACH OF YOU AND COMPANY ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
All claims, causes of actions and disputes (collectively, “Disputes”) that cannot be resolved by the parties after a good faith effort at negotiation shall be submitted for arbitration administered by the American Arbitration Association ("AAA"). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to this EULA, unless you are an individual and use the products and services for personal or household use, in which case the AAA will apply the Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules, and fee information from the AAA website (www.adr.org). The party seeking to commence arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to Company should be sent to Company, gdpr@iyuno.com. Company will provide notice to Your email address(es) and street address(es), if any, associated with your Account at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. Regardless of such notice, no arbitration may be commenced if barred by the statute of limitations applicable to the Dispute. The arbitrators shall have no power to award punitive damages or any other damages not measured by the prevailing party’s actual damages or damages in excess of the limitations set forth in Section 8. Even if other portions of these arbitration provisions are held to be invalid or unenforceable, the arbitrators shall not have the power award or impose any remedy that could not be made or imposed by a court sitting in the jurisdiction and venue agreed to by the parties and deciding the matter in accordance with the governing law agreed to by the parties. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either party prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are subject to the U.S. Federal Arbitration Act and hereby declared to be self executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. Unless You and Company agree otherwise, the arbitration will occur in U.S. English and take place in Los Angeles, California. Payment of any fees will be decided by the applicable AAA rules.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE 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 (COLLECTIVELY, THE “CLASS ACTION WAIVER”). Further, unless both You and Company 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. If for any reason the Class Action Waiver set forth above cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.
Section headings are used for convenience of reference only. All legal notices must be sent “ATTN: EULA” by certified mail or reputable overnight courier to the address set out in Section 10. Failures in performance beyond Company’s control are excused. Unenforceable provisions will be reformed to permit enforceability with maximum effect to the original intent. Waiver of a breach is not waiver of other or later breaches. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to,” unless otherwise indicated. This EULA is the entire agreement between You, Company and Company licensors with respect to the Application and supersedes any other verbal or written agreement. We reserve the right to change this EULA from time to time upon notice to You. Each updated or supplemented version of this EULA shall supersede the prior version. The English language version of this EULA is the controlling version regardless of any translation.