General Terms – All Users
Before using crossin (the "App"), please read these terms of service (“Terms”) carefully. These Terms serve as a legally binding agreement between you and Notlonelyplanet Inc (Notlonelyplanet, we, our or us).
These Terms govern your use of the App and our related websites, services, applications, products and content (collectively, “Services”). Any reference in these Terms to "Services" includes crossin Content (as defined further below) or any other part of the Services, and any reference to these "Terms" includes any terms or policies referred to in these Terms, such as our Community Guidelines.
For the purposes of these Terms, “you” and “your” means you as the user of our Services.
THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION WHERE PERMITTED BY LAW, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT UNLESS SUCH AN AGREEMENT IS PROHIBITED BY LAW. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION WHERE PERMITTED BY LAW. THESE TERMS OF USE ALSO INCLUDE A JURY WAIVER WHERE PERMITTED BY LAW. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER AT SECTION 9 BELOW.
1. Acceptance of the Terms
1.1. if you are under age of 13, or you are under a age which is not permitted by applicable law in your jurisdiction to access or use our Platform or Services. By using the Services, you confirm that you are 13 years of age or over. If you lack the capacity to enter into these Terms by yourself, you represent and acknowledge that you have obtained consent from your parent (or legal guardian) to use the Services, that you and your parent (or legal guardian) agree to these Terms; and that “you” refers to you as the user of our Services and your parent (or legal guardian). If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
1.2. By using our Services, you agree to these Terms. Using our Services may include accessing them or downloading the App or any other Services to your mobile device, computer, or other device.
1.3. If you do not agree to these Terms, you must not use our Services.
2. Amendments to the Terms
2.1. Please review these Terms regularly. If we amend these Terms, we will update the “Last Updated” date at the top of these Terms, which reflect the effective date of the Terms. We may amend these Terms (and any supplemental terms) from time to time. For example, we may update these Terms when we update our Services and practices, when we combine multiple apps or services operated by us or our affiliates, or when there are regulatory changes.
2.2. We will use reasonable efforts to generally notify you of any material changes to these Terms, such as through a notice on the App or a communication to the contact information associated with your account.
2.3. If you do not agree to the new Terms, please stop using the Services. By continuing to use the Services after the effective date of the new Terms, you agree to be bound by the new Terms.
3. Your Account
3.1. To use our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you keep your information current and complete. You must not create an account for someone else unless you obtain their express permission.To use our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you keep your information current and complete. You must not create an account for someone else unless you obtain their express permission.
3.2. Notwithstanding anything else in these Terms, we reserve the right to deactivate, disable, suspend or terminate your account or access to our Services at any time at our sole discretion without notice, including if we believe that you have not complied with any of the provisions of these Terms or our policies (including our Community Guidelines), or if activities occur on your account which we believe would or might cause damage to or impair the Services or infringe or violate any third party's rights, or violate any applicable laws or regulations.
3.3. You are responsible for safeguarding your account details, including your account password, and all use of the App under your account. If you know or suspect that your password or account has been compromised, you must promptly notify us at contactus@worldlystudio.com
3.4. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
3.5. If you would like to delete your account, you can delete your account on the App. Once you choose to delete your account, you will not be able to access or reactivate your account. Please also see our Privacy Policy for more information on the deletion of your personal data.
3.6. If you fail to log in to your account for the first time after registering it within a specified period, or fail to use your account for more than three consecutive months, we reserve the right to deactivate it. Before we deactivate your account, we will notify you in an appropriate manner. If you fail to log in and use your account within one month after our notification, you specifically authorize us to deactivate your account for inactivity, among all other authorizations you grant in these Terms.
4. Usage Rules
4.1. Your use of the Services is subject to these Terms and all applicable laws and regulations. You understand and agree that you shall not do, attempt to do, or encourage anyone to do, any of the following:
· violate these Terms or our terms or policies (including our Community Guidelines);
· use our Services to do anything unlawful, misleading, fraudulent, or for an illegal or unauthorized purpose. Prohibited activities include, but are not limited to, sexual solicitation, or the buying or selling of firearms, alcohol and tobacco products between private individuals;
· make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
· distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
· license, purchase, transfer, or sell any account or data obtained from us or the Services, including attempts to buy, transfer, or sell any aspect of your account; solicit, collect or use login credentials or badges of other users; request or collect usernames and password; or misappropriate access tokens;
· market, rent or lease the Services for a fee or charge, or use the Services to perform any unauthorised advertising or commercial solicitation;
· use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
· interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any systems or networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
· incorporate the Services or any portion thereof into any other program or product;
· use automated scripts to collect information from or otherwise interact with the Services;
· attempt to artificially inflate the popularity of any user on the Services;
· in your interactions with us or in relation to our Services, impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services or anyone other than yourself;
· attack, threaten, intimidate or harass us or other users of our Services, or use our Services to promote violence or discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, caste, gender identity, serious disease, immigration status or age;
· use our Services to create, support or transmit material that promotes terrorism, crime or hate groups;
· use our Services to communicate or spread false news or information;
· use or attempt to use another user’s account, service or system without our express permission, or create a false identity on the Services;
· create or attempt to create accounts, or access or collect information in unauthorized ways in connection with the Services, including doing so in an automated way without our express permission;
· continue to use your account previously disabled for violations of our Terms or other terms or policies;
· interfere with the intended operation of the Services, including misusing any reporting, dispute or appeals channel;
· use the Services to upload, transmit, distribute, store or otherwise make available in any way:
o files that contain viruses, trojans, worms, logic bombs or other code or material that is malicious or could disable, overburden or impair the proper working or appearance of the Services;
o any unsolicited or unauthorized advertising, solicitations, promotional materials, “spam”, “chain letters”, or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, personal identity document information including passport numbers, or credit card numbers;
o any material which does or may infringe someone else’s rights, including any intellectual property rights, image rights or privacy rights of any other person;
o any material which is defamatory of any person, obscene, offensive, pornographic, involves nudity or sexual activity, hateful or inflammatory;
o any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities, suicide or self-harm;
o any material that is deliberately designed to provoke or antagonize people, or is intended to harass, bully, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence;
o any material that is racist or discriminatory, including discrimination on the basis of someone’s race, gender, ethnicity, religion, nationality, disability, sexual orientation, caste, gender identity, serious disease, immigration status or age;
o any material that constitutes foreign interference in applicable domestic politics conducted through information campaigns;
o any material that constitutes false news or information;
o any answers, responses, comments, opinions, analyses or recommendations that you are not properly licensed or otherwise qualified to provide;
o any material which is contrary to the public order and goods morals ;
o any material that otherwise violates the applicable law or regulation; or
o material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or its users to any harm or liability of any type; or
· be prohibited from receiving our Services under applicable laws.
4.2. We reserve the right, but do not assume the obligation, to remove or disable access to any or all content on our Services at our sole discretion for any or no reason at any time and without prior notice. Some of the reasons for which we may remove or disable access to content may include that we find the content objectionable, in violation of these Terms or our other terms or policies (including our Community Guidelines), or otherwise harmful to the Services or our users.
4.3. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware
5. Intellectual Property Rights
5.1. Our Services may include features intended to allow users to post content, including photos, videos, comments, links, messages and other materials, in accordance with these Terms. You must not use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion, to block access to and/or terminate the accounts of any user who infringes on or is alleged to infringe on any intellectual property rights
5A. crossin Content
5.2. All content, software, technology, programs, web pages, photographs, pictures, images, text, graphics, illustrations, layout designs, logos, patents, audio, videos, music and other elements in or on our Services, including the “look and feel” of the Services, and all trademarks, service marks, copyrights and other intellectual property rights related thereto (the “crossin Content”) are owned or licensed by crossin.
5.3. The use of crossin Content for any purpose not expressly permitted by these Terms is strictly prohibited. You are not allowed to download, copy, reproduce, publish, distribute, transmit, broadcast, communicate, display, sell, license or otherwise exploit crossin Content for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
5.4. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (as defined further below), or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third-party service.
5.5. Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to use the Services, including to download the App on a permitted device, and to access crossin Content solely for your personal, non-commercial use throughout your use of the Services and solely in compliance with these Terms. We reserve all rights not expressly granted herein in the Services and crossin Content. No rights are licensed with respect to sound recordings and the musical works embodied therein that are made available from or through the Services. You acknowledge and agree that we may terminate this permission at any time at our sole discretion with or without prior notice.
5.6. You acknowledge and agree that, when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
5B. User Content and Authorization
5.7. Users of the Services may be permitted to upload, post or transmit or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including derivative User Content with other users, that combines and intersperses User Content generated by more than one user.
5.8. When you submit User Content to the Services, you, or the owner of the copyright subsisting in such User Content as determined under applicable laws, retain copyright in such User Content. However, you also grant us an unconditional, irrevocable, non-exclusive, royalty-free, sublicensable, fully transferable, worldwide license to use, modify, adapt, reproduce, make derivative works of, translate, host, publish and/or transmit and/or distribute, and to authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, translate, host, publish and/or transmit, your User Content in any format and on any platform. This license will be terminated when your User Content is deleted from our systems.
5.9. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
5.10. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings, and to perform and communicate sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner, a musical work copyright owner, a performing rights organization, a collective management organization, a sound recording performing rights organization, engineers, producers or other royalty participants involved in the creation of User Content.
5.11. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis. Owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Services.
5.12. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any reproduction, derivative work, or marketing or promotional materials related to such User Content. To the extent permitted by applicable laws, you also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral or other rights are not transferable or assignable, you hereby waive and agree never to assert any such rights, or to support, maintain or permit any action based on any such rights that you may have in or with respect to any User Content you post to or through the Services.
5.13. We have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, image rights or right to privacy.
5.14. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
5.15. The information and materials in User Content have not been verified or approved by us. We do not endorse the views expressed by other users on the Services. We shall not be liable in any way for any User Content.
5.16. We make no representations, warranties or guarantees, whether express or implied, that any crossin Content or User Content is accurate, complete or up-to-date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, or edit any content posted by you and other users on the Services (including User Content).
5.17. Whenever you use a feature that allows you to upload or transmit User Content on or through the Services (including via third-party social media platforms), or to make contact with other users of the Services, you must comply with the terms and conditions set out in the “Usage Rules” above. You may also choose to upload or transmit your User Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their policies as well as the standards set out at “Usage Rules” above. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
5.18. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that is, or that you consider to be, confidential or proprietary. When you submit User Content through the Services, you agree, represent and warrant that: (i) you own that User Content; (ii) you have received all necessary permissions, clearances and authorizations from any other owner of any part of the content or anyone else who may be included in the content to upload, post or transmit it through the Services or from the Services to other third-party platforms; and (iii) you have all rights, permissions, clearances and authorizations to grant the rights, licenses and other permissions that you grant in these Terms with respect to your User Content.
5.19. In addition to the other licenses and authorizations that you grant in these Terms, you authorize us or those we authorize to cut, crop, edit or refuse to publish User Content at our or their sole discretion. We have the right to remove, disallow, block or delete any posts you make on our Services if, in our opinion, your post does not comply with the content standards set out in our “Usage Rules” above. In addition, we have the right, but not the obligation, in our sole discretion, with or without notice and without any liability to you, to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms or our policies (including our Community Guidelines), or (ii) in response to complaints from other users or third parties. Please save copies of any User Content you submit to the Services on your personal device(s) if you wish to ensure that you have permanent access to copies of such User Content.
5.20. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. You may configure your privacy settings on the App.
5.21. We take reasonable measures to expeditiously remove from our Services any infringing material that we are made aware of. If you find content that infringes on your intellectual property rights, you can contact us at contactus@worldlystudio.com. We will, when deemed appropriate in our sole discretion, terminate accounts who repeatedly infringe on other people’s intellectual property rights.
5.22. In the event you choose to send us feedback or other suggestions, we may use them as we see fit and without any obligation to you.
6. Indemnity
6.1. You agree to indemnify, hold harmless and defend crossin, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, licensors and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees, arising out of a breach by you or any user of your account of these Terms, arising out of a breach of your obligations, representation or warranties under these Terms, or resulting directly or indirectly from a claim that arises in connection with your use of the Services.
7. Exclusion of warranties
7.1. The Services are provided to you on an “as is” and “as available” basis. We (and our parents, subsidiaries and affiliates) make no representation or warranty with respect to the Services, including any representation or warranty that your use of the Services will meet your expectations or requirements; your use of the Services will be uninterrupted, timely, secure, error-free or able to operate in combination with any other hardware, software or system; or the Services are free of viruses or other harmful technological components. To the maximum extent permitted by law, we exclude all conditions or warranties with respect to the Services, including all implied terms as to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.
7.2. No conditions, warranties or other terms, whether express or implied, apply to the Services except to the extent that they are expressly set out in these Terms.
7.3. We may at any time and at our sole discretion change, suspend, withdraw or restrict the availability of all or any part of our Services without notice.
8. Limitation of liability
8.1. Nothing in these Terms shall limit any rights you are entitled to under applicable laws which may not be excluded, or exclude or limit our liability to you for losses which may not be lawfully excluded or limited by applicable laws. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
8.2. To the fullest extent permitted by law, we shall not be liable to you for any direct or indirect loss of income or profits, loss of goodwill, loss of opportunity, loss of data, or any indirect or consequential losses which you may incur. Our aggregate liability for all claims relating to the Services shall not exceed the amount you paid to us to use the Services to which your claim relates within the last 12 months.
8.3. To the fullest extent permitted by law, we will not be liable for loss or damage which may be incurred by you as a result of:
· your use, or inability to use, the Services;
· any conduct or content of any third-party on the Services, including, without limitation, defamatory or illegal conduct of other users or third-parties, and advertising which appears on the Services;
· any reliance on the accuracy or completeness of crossin Content and User Content;
· any changes which we may make to the Services (or any features therein), or for any permanent or temporary cessation in the provision of the Services (or any features therein);
· the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
· your failure to provide us with accurate account information; or
Your failure to keep your account password or other details secure and confidential.
· your failure to keep your account password or other details secure and confidential.
8.4. We will not be liable to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
8.5. To the fullest extent permitted by law, we will not be liable for any loss or damage to a device or digital content belonging to you caused by the Services or for any loss or damage that you could have reasonably avoided, including following our advice to apply an update offered free of charge, or damage caused by you failing to correctly follow installation instructions or failing to put in place the minimum system requirements advised by us.
8.6. You are responsible for any mobile charges that may apply to your use of our services, including text-messaging and data charges.
8.7. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (whether actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8.8. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to use our Services. You should use your own virus protection software.
9. Applicable Law, Dispute Resolution and Other Terms
9.1. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.
9.2 Agreement to Arbitration
To the fullest extent permitted by applicable laws, any dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding the existence, validity or termination of these Terms, shall exclusively be referred to and finally resolved by binding arbitration on an individual basis administered by the American Arbitration Association (the “AAA”).under its Consumer Arbitration Rules (for claims ≤ USD 75,000) or Commercial Arbitration Rules (for claims > USD 75,000). The AAA rules are available at https://adr.org/. The arbitration proceedings shall be conducted in English before one (1) arbitrators, unless the parties agree otherwise in writing after the Dispute arises.
9.3 Location and Form of Arbitration.
Arbitration may be conducted virtually or in the county of the user’s residence within the United States, unless the parties agree otherwise.
9.4 Class Action Waiver.
To the fullest extent permitted by applicable laws, the parties agree that arbitration shall proceed solely on an individual basis, without the right for any disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator shall not have authority to conduct any class or representative proceeding or to combine the claims of more than one person. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
9.5 Waiver of Jury Trial
The parties both further agree that, whether a claim will be resolved in arbitration or in court, the parties both waive any right to a jury trial involving any claims or disputes.
9.6 Injunctive Relief Carve-Out
Notwithstanding anything else in this agreement, we may institute proceedings in any court of competent jurisdiction for equitable relief, including to prevent the infringement of intellectual property rights, and we each retain the right to seek public injunctive relief or injunctive.
9.7 Severability
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
9.8 No Waiver
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
9.9 Open-Source Software
The App contains certain open-source software. Each item of open-source software is subject to its own applicable license terms.
9.10 Interpretation
Any use of the plural in these Terms shall imply use of the singular and vice-versa, as the context demands.
10. Entire Agreement
10.1. These Terms (including the “Supplemental Terms – App Stores” below) constitute the whole legal agreement between you and crossin and govern your use of the Services, and completely replace any prior agreements between you and crossin made in relation to the Services.
10.2. The Terms shall be made in English Language. If required under the relevant local law, the Terms shall be made in both the English Language and in the local language. Both texts are equally original. In case of any inconsistency or different interpretation between both texts, the local language shall be deemed to be automatically amended to conform with and to make it consistent with the relevant English text.
11. Other Terms
11.1. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
11.2. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
11.3. Notice for California Users. Under California Civil Code Section 1789.3, residents of California who use the Services are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via the telephone number, address and other contact information shown here.
11.4. U.S. Government Customers. The Services qualify as “commercial items”, as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, “commercial computer software,” “commercial computer software documentation” or “technical data” as such terms are used in FAR 12.211 and FAR 12.212. The Services are being licensed to any U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under these Terms.
11.5. Contact. You can contact us at contactus@worldlystudio.com if you have any questions.
Supplemental Terms – App Stores
To the extent permitted by applicable laws, the following supplemental terms shall apply when using the App through specific devices:
Google Play.
These supplemental terms apply as between crossin and you. Google, Inc. or its affiliates (“Google”) is not party to these terms.
By downloading the App from Google Play (or its successors) operated by Google, you specifically acknowledge and agree that:
· to the extent of any conflict between (i) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (ii) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and
· you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by crossin or you (or any other user) under these Terms or the Google Play Terms.
Apple Store.
These supplemental terms apply as between crossin and you. Apple Inc. (“Apple”) is not party to these terms.
By downloading the App from the Apple Store (or its successors) operated by Apple, you specifically acknowledge and agree that:
· the license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
· Apple is not responsible for the App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
· in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the App.
· Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
· in the event of any third-party claims that the App, or your possession and use of the App, infringes on such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
· Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
· crossin expressly authorizes the access to and use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple.
