TERMS AND CONDITIONS
Version 1.2. Last updated on: July 23, 2021
These terms and conditions (“Terms and Conditions”) are a legally binding agreement entered into by and between You personally (“User”) and Arview.TV Inc. (“Operator”) regarding Your access and use of the mobile applications
as well as any other related media forms, media channels, websites or other items (“Application”).
Hereinafter, for convenience purposes, these Terms and Conditions may be referred to as the Agreement.
Hereinafter the User may be referred to as “You” and “Your”, the Operator may be referred to as “We”, “Our” and “Us”, and any third parties may be referred to as “They”, “Them” and “Their”.
Hereinafter the User and the Operator may be jointly referred to as the Parties.
The use of the Application under these Terms and Conditions shall mean viewing the content of the Application, downloading the Application, creating an account in the Application, using the Application’s functions and other similar activities indicative of the use of the Application.
1. General Provisions
The application is designed to allow Users to make purchases of goods and services seen in television commercials, instantly, while watching them.
IMPORTANT! The Operator is not the owner of the offered products and shall not sell such products. The Operator is not a distributor, dealer or other commercial intermediary between the User and the seller of the products offered in the Application. The main mission of the Operator is to provide the Users with the opportunity to get into the product card or website page of the corresponding website at the time of watching an advertising video advertising the product, service or information of interest.
The Operator does not enter with You into any transactions related to the purchase and sale of the products or provision of services, and shall not accept any payments for any third-party products or services purchased.
2. Consent and Acceptance
By using the Application You warrant that You have read and understood these Terms and Conditions and consent with the obligations laid down herein.
IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS OR DO NOT AGREE TO BE BOUND BY THE OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, YOU NEED TO IMMEDIATELY STOP USING THE APPLICATION.
3. Age Restrictions
THE APPLICATION IS DESIGNED FOR USERS ABOVE 13 YEARS OLD. All minor Users in the jurisdiction of their residence (as a rule, younger than 18 years old) must have a permission for use of the Application given by their parents or guardians. If You are not of legal age, You must ask your parent or guardian to read and accept these Terms and Conditions prior to start using the Application.
For the avoidance of violating the legislation, the Operator reserves the right to restrict access for minor Users to certain categories of content and products offered by the Application.
Whenever such content or product is requested, You will see a message warning of the relevant age restriction.
The Operator does not assume any responsibility or obligations if You enter wrong age.
4. Additional Conditions
5. Making Changes
The Operator reserves the right to make changes into these Terms and Conditions at its sole discretion, at any time and for any reason whatsoever. We will warn You of any changes by updating the “last updated” date of these Terms and Conditions, and You waive Your right to receive specific and individual notices of each such change. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS TO BE AWARE OF THE RECENT CHANGES. You will be deemed to have reviewed any changes in these Terms and Conditions if you continue using the Application after the date of publication of such revised Terms and Conditions.
Any changes in the Terms and Conditions shall become effective immediately after publication, and shall apply to the relationships that have arisen prior to the effective date thereof.
6. User’s Local Jurisdiction
Currently, the entire set of functions of the Application has been adapted for operation in the United States of America only. Accordingly, the content within the Application may not be distributed or used by any individuals or legal entities in any other countries outside the United States of America as it might be inconsistent with the local legislation. The Operator shall not be held liable for Your use of the Application outside the United States of America. If You are a User of the Application located outside the United States of America and You, in any way whatsoever, managed to gain access to the entire set of functions of the Application, You agree that you do so at Your own initiative and You will independently bear responsibility for the potential violation of the local laws.
7. Intellectual Property
Unless stipulated otherwise, the Application, including (but not limited to) the source code, scripts, software, databases, domain names, functionality, interface design, trademarks, service marks, logos, audio, related patents and trade secrets shall be owned by the Operator and protected by the copyright and trademark laws, as well as other various laws of the USA regarding the intellectual property rights and unfair competition, international laws and conventions.
Images of products offered for purchase, their packaging, website logos and associated patents, trademarks, service marks, links, designs, and other related intellectual property belong to the respective rights holders. The Operator places the intellectual property of the relevant right holders in the Application on the basis of license agreements, other agreements or other lawful use. In any case the Operator hereby declares that the publishing of the intellectual property of the corresponding right owners in the Application (1) aims to identify the goods, services, websites, resources of the corresponding right owners in the interests of the Users, (2) is not aimed at any identification of the Operator with the intellectual property and its right owners, (3) does not indicate any mutual sponsorship, approval or any corporate relations.
You agree that any intellectual property related to the Application is owned by the Operator or their relevant owners, and that You will not use the above listed intellectual property items for any illegal or infringing purposes.
In the event that, for any reason whatsoever, Your photographs and/or videos containing images of the screen of a TV set or another similar device, as well as any elements of the background, the interior and any other similar elements captured in such photographs and/or videos as well as any other photos and/or videos produced by using the relevant features of the Application will be declared copyrighted items (photographic works or audiovisual works), You agree to grant Us and hereby provide a non-revocable, non-exclusive, non-transferable, limited, royalty-free license for the use of such works.
8. User Registration
To make the use of the Application more convenient, You may be required to register. Upon registration, You will be required to enter the identifying information, i.e. Your email address and password. You can also enter personal information, including (but not limited to) Your name. You agree to keep Your password secret and bear responsibility for any use of Your account and password. You must not communicate the identifying information to any third parties and, should You learn that Your identifying information was compromised, You agree to immediately notify the Operator of such fact by email to firstname.lastname@example.org. We reserve the right to delete, return or change the User name selected by You if We determine at Our sole discretion that such User name is unacceptable, indecent or otherwise unwanted.
9. User’s Representation
By using the Application, you represent and warrant that: (1) all registration information communicated by You will be true, accurate, updated and complete; (2) You will keep such information accurate and, if necessary, change and update the registration information; (3) You are a legally capable person and You agree to comply with these Terms and Conditions; (4) You are at least 13 years old; (5) You are not under age in the jurisdiction of Your residence or, if you are under age, You have obtained a consent from Your parents to use the Application; (6) You will not gain access to the Application using automated means, such as bots, scripts, etc.; (7) You will not use the Application for illegal or prohibited purposes.
10. Prohibited Use
The Application may only be used as intended and for the purposes You have been granted access to. You agree to not use the Application for any illegal purposes or for any purposes prohibited by this clause.
Being the User of the Application, You agree and consent to NOT:
- infringe any intellectual property rights of the Operator or any third party;
- systematically retrieve data or other content in the Application to create or compile any compilations, databases, catalogues without Our written consent;
- deceive or mislead the Operator or other Users in an attempt to learn confidential information related to an account;
- bypass, disable or otherwise tamper with the functions of the Application connected with security, including the functions that prevent or restrict the use of or copying any content in the Application;
- deface or otherwise damage the reputation of the Application as will be determined by Us;
- improperly use Our support services or send false reports on abuse or unlawful behaviour;
- use the Application by any means inconsistent with the legislation and these Terms and Conditions;
- use the Application to commit any fraud, arrange gambling, pari-mutuel betting and pyramid schemes;
- upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses, spyware that disrupt the normal operation of the Application, prevent normal use of the Application by other users or change, deteriorate, disrupt or prevent the use of the functions and maintenance of the Application;
- upload or transmit (or attempt to upload or transmit) any programs for parsing, scraping, crawling or any other similar programs, except for the purposes of the Application web indexing;
- delete the notice of copyright or other ownership rights from any content in the Application;
- sell, lease or otherwise make available Your profile and account data;
- interfere, disrupt or create an overload on the Application or networks and services related to the Application;
- stalk, threaten, intimidate any of Our employees;
- decipher, decompile, disassemble or reverse engineer any software comprising the Application as a whole or any part thereof;
- use the Application as a means for competition with Us or as a means for restriction of competition in violation of the competition laws.
11. Affiliated Marketing and Advertising
The Operator may, through the Application, carry out partner marketing for which the Operator shall receive a fee or a percentage of the sales of the products sold through the Application. The Operator may also place advertisements of commercial companies. Such disclosure is made for purposes of complying with the Marketing and Advertising Rules of the Federal Trade Commission (USA), as well as other requirements of the law. Learn more about the Operator's participation in affiliate marketing programs here.
12. Spam Policy
You are strictly prohibited to use the Application for illegal spam activities, including collection and illegal use for such purposes of any email addresses of the Users and legal use of the relevant functions of the Application, which, in aggregate or separately, may lead to a mass mailing of any commercial or marketing letters and messages.
13. Third-Party Links and Content
The Operator may publish any links to websites and resources of third parties within the Application. You agree that the Operator shall not bear responsibility or obligations for any losses and damage caused through Your use of any third-party websites and resources to which Our Application contains the links.
The Operator shall not be responsible for the content published on third-party websites or resources. Publication of any links to third-party websites and resources in the Application shall not mean the Operator’s endorsement and recommendation of the content published on such website or resources, or any products and services offered there for sale, or the person selling/providing such products and services, or any other persons.
By leaving the Application and accessing third-party websites and services, You do it on Your own risk and You should know that these Terms and Conditions will no longer be in effect.
THE OPERATOR WILL NOT WARN YOU ABOUT THE TRANSITION TO THIRD-PARTY SITES AND RESOURCES FROM THE APPLICATION FOR ANY LINK. BY CONTINUING TO USE THE APPLICATION, YOU AGREE TO THIS TRANSFER TO THIRD-PARTY SITES AND RESOURCES AND REFUSE TO BE AWARE OF THIS.
14. Third-Party Products and Services
The Operator shall not bear responsibility or obligations for the quality, completeness, availability, cost and delivery warranties, delivery term warranties, as well as any other aspects related to the products and services of third parties, access to which, even if provided through the Application, but for which the Operator is not a seller or a contractor.
The Operator shall not bear responsibility or obligations for any losses and damage caused through Your use of any third-party products or services to which Our Application contains the links.
When purchasing any products and services of third parties on their websites and services, access to which has been made available to You with the help of the Application, You are strongly encouraged to review the terms of sale/provision of products/services, privacy policies and terms and conditions published on such websites and services (as well as any other similar documents).
15. Political and Social Advertisements as well unwanted content
The functions of the Application shall not apply to the political, social and other similar advertisements published in the mass media. The Operator is not a member of any party or political movement. The Operator does not carry on agitation for any political, social, philosophical, religious, racial, national, ethnic, gender, professional, age-related movements and beliefs. The Operator in its activities aims at granting equal rights and liberties to representatives of any political, social, religious, racial, national, ethnic, gender, professional and age groups.
Application functionality also does not apply to products, services and content that, in Our opinion, relate to
(a) violence against people and animals,
(b) harmful fishing practices,
(c) sexual gratification,
(d) esoteric services and related merchandise,
(e) religious movements and related merchandise,
(f) political discrimination,
(g) tobacco use,
(h) drug use,
(i) gambling for real money and
(j) harmful financial products and services.
16. Data Loss
The Operator shall not be held liable for the security of Your account. You agree that You use the Application at Your own risk. We will store the data transmitted by You to the Application and any data related to Your use of the Application. While the Operator regularly backs up the data, You are solely responsible for all data transmitted by You to the Application or data related to Your use of the Application.
17. Service Disruption
The Operator may be required to disrupt Your access to the Application for scheduled or unscheduled maintenance of the Application or troubleshooting. You agree that Your access to the Application’s functions may be affected by unforeseen and unscheduled operational downtime of the Application for any reason whatsoever, but the Operator is not responsible for any damage or losses arising in connection with such downtime.
Nothing in these Terms and Conditions may be construed as imposing an obligation on the Operator to maintain the Application, make corrections and updates.
18. Change in Content
The Operator reserves the right to update, change or delete the content of the Application, graphic design of the Application and functions of the Application without prior notification at any time at its sole discretion. The Operator also reserves the right to stop the operation of the entire Application without prior notification at any time at its sole discretion. The Operator does not bear responsibility and obligations for any decision to update, change or delete the content of the Application, graphic design of the Application and functions of the Application without prior notification at any time at its sole discretion.
19. Term, Suspension and Termination of the Terms and Conditions
The Operator may terminate this Agreement (delete Your account, block IP address) with You without prior notification at any time and for any reason whatsoever, with or without stating the reasons. The Operator may terminate this Agreement if You breach any of the conditions laid down herein, including (but not limited to) violation of the intellectual property rights of the Operator or third parties, non-compliance with the effective legislation, etc.
The Operator may suspend Your account without prior notification at any time and for any reason whatsoever, with or without stating the reasons.
If We suspended or terminated Your account for any reason whatsoever, You are prohibited to create and register a new account using Your name, fake or borrowed name, or a name of any third party.
If You are registered in the Application, You can also terminate this Agreement at any time by requesting deletion of Your account using the Application’s functions.
Nevertheless, please note that after deletion of Your account this Agreement will still apply to You if You use the Application, even without a registered account.
Visiting the Application, expressing consent, filling in online forms are legally binding acts. Emails sent by electronic mail and other notifications received in the Application are electronic messages. You consent to receive electronic messages and agree that all electronic messages made electronically, by electronic mail and within the Application meet all legal requirements so that such electronic message was equally binding as written documents and messages.
21. Limitation and Exclusion of Liability and Warranties
THE APPLICATION IS MADE AVAILABLE FOR USE “AS IS”. YOU AGREE THAT YOU USE THE APPLICATION AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY THE LAW WE WAIVE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE APPLICATION AND THE USE THEREOF BY YOU, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF FITNESS FOR USE. THE OPERATOR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ACCURACY OR COMPLETENESS OF THE CONTENT OF THE APPLICATION OR THE CONTENT OF ANY THIRD-PARTY WEBSITE, LINKS TO WHICH ARE GIVEN IN THE APPLICATION, AND WE DO NOT BEAR ANY RESPONSIBILITY FOR (1) ANY ERRORS IN THE WORK OF THE APPLICATION AND INOPERABLE FUNCTIONS OF THE APPLICATION; (2) ANY LOSS OF HEALTH OR DAMAGE TO PROPERTY ARISING OUT OF YOUR USE OF THE APPLICATION; (3) ANY UNAUTHORISED ACCESS TO OR SECURITY BREACH OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON; (4) ANY DISRUPTION OR TERMINATION OF DATA EXCHANGE WITH THE APPLICATION; (5) ANY VIRUS ATTACKS, TROJAN HORSES UPLOADED OR INTRODUCED BY ANY THIRD PARTY; AND (6) ANY ERRORS OR OMISSIONS MADE IN THE CONTENT AND MATERIALS AS A RESULT OF ANY LOSSES OR DAMAGES OF ANY KIND WHATSOEVER. WE DO NOT MAKE WARRANTIES AND DO NOT ASSUME RESPONSIBILITY FOR ANY PRODUCTS AND SERVICES ADVERTISED OR OFFERED FOR SALE BY THIRD PARTIES THROUGH THE APPLICATION, AND WE WILL NOT BE A PARTY TO ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTIES, AND WE WILL IN NO EVENT BE HELD LIABLE FOR SUPERVISION OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES.
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE HELD LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, ACCIDENTAL, SPECIAL DAMAGES, INCLUDING ACTUAL DAMAGES AND LOSS OF PROFIT, ARISING OUT OF YOUR USE OF THE APPLICATION, EVEN IF WE ADVISED IN ADVANCE OF SUCH POTENTIAL LOSSES.
22. Applicable Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of California.
By using the Application You agree that any conflicts and disputes arising out of these Terms and Conditions, and any conflicts and disputes that might arise between You and the Operator, will be governed by the legislation of the state of California, excluding the choice of law rules.
23. Resolution of Conflicts and Disputes
(a)Applicable Law. You and Operator agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters.
(c)Arbitrator’s Award. You and Operator agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. You and Operator agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d)Injunctive and Declaratory Relief. Except as provided in Section 19(e) below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or Operator and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or Operator have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(e)Exceptions. There are only two exceptions to this agreement to arbitrate:
(i)if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction;
(ii)each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
(f)Costs of Arbitration. You and Operator agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
(g)Judicial Forum for Legal Disputes. Unless You and Operator agree otherwise and except as described in Section 19(e)(ii), in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Operator must be resolved exclusively by a state or federal court located in the State of California. You and Operator agree to submit to the exclusive personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
(h)OPT-OUT OF ARBITRATION. IF YOU ARE A NEW ARVIEW.TV INC. CUSTOMER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO PRIVACY@ARVIEW.TV. (“OPT-OUT NOTICE”) OR REGULAR MAIL TO: 919 NORTH MARKET STREET, SUITE 950 IN THE CITY OF WILMINGTON, COUNTY OF NEW CASTLE, ZIP CODE 19801. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW ARVIEW.TV INC. CUSTOMER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THIS AGREEMENT TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
(i)If you opt out of the agreement to arbitrate, all other parts of this Agreement and this Arbitration will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Operator.
(j)WAIVER OF CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (iii) TO A TRIAL BY JURY.
STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Any rights, duties and warranties hereunder may not be assigned, sold or leased or otherwise transferred by You to any third parties in full or in part. If any rights, obligations and warranties hereunder were assigned, sold or leased or otherwise transferred by You to any third parties in full or in part, then the Operator’s rights, obligations and warranties shall be applicable to and binding on any successors.
25. Partial Invalidity
If any part of these Terms and Conditions is held by an arbitrator or a court to be invalid, the rest of these Terms and Conditions will remain in full effect.
26. Force Majeure
The Parties shall not be held liable for non-performance of obligations due to occurrence of natural disasters, acts of nature, pandemics and other unforeseen circumstances beyond control of the Parties, including (but not limited to) military operations, acts of civil authorities and embargo.
27. California Resident Users
If any complaint is not resolved to your satisfaction, you can contact in writing the complaint division of the Consumer Services Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952-5210 or (916) 445-1254.
28. Contact Us
To resolve a Dispute informally or obtain additional information regarding the use of the Application, please write by email to: email@example.com.
29. End User License Agreement (EULA)
If You use the Application, We will grant You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned by you or controlled by You, and to access and use the Application on such devices in strict compliance with the conditions of this license contained in these Terms and Conditions. You must not: (1) decompile, reconstruct, disassemble, attempt to obtain source code or decipher the Application; (2) make any changes, adaptations, improvements, translations or derivative works based on the Application; (3) breach any applicable laws, rules or regulations in connection with your access to or use of the Application; (4) delete, change or conceal any notices of ownership rights (including any copyright or trademark notices) published by Us or by third parties with Our consent; (5) use the Application for any commercial activities or for other purposes for which the Application is not intended; (6) make the Application available through a network or another environment allowing access or use by several devices or users simultaneously; (7) use the Application to create a product, a service or software that directly or indirectly compete with the Application or in any way replace it; (8) use the Application to send automatic queries to any website or unwanted commercial emails; or (9) use any proprietary information or any of Our interfaces or Our other intellectual property for design, development, production of Your own products.
30. Apple Store and Google Play
The following conditions apply when You use the Application downloaded from Apple Store and Google Play (each – “Application Distributor”): (1) license granted to You for Our Application is limited to the use on devices powered by Apple iOS or Android, whichever is applicable, in accordance with the rules of use laid down in the service conditions of the relevant Application Distributor; (2) We are responsible for provision of any maintenance and support services with respect to the Application in accordance with the requirements of the effective legislation, and You acknowledge that each Application Distributor does not have any obligations to provide any maintenance and support services with respect to the Application; (3) if the Application does not conform to the effective warranty, You can notify the relevant Application Distributor, and the Application Distributor, subject to its terms and conditions and policies, may reimburse the purchase price (if any) by paying for the Application, and to the fullest extent allowed by the applicable legislation the Application Distributor will have no other warranty obligations with respect to the Application; (4) You represent and warrant that (i) You are not in a country subject to an embargo introduced by the Government of the USA or which was defined by the Government of the USA as a country “supporting terrorism”, and (ii) You are not a member of an organisation on the American list of specially designated nationals or restricted parties; (5) You must comply with the rules of the Terms and Conditions when using the Application, for example, if You have a VoIP application, You may not violate their wireless data exchange agreement when using the Application; and (6) You acknowledge and agree that the Application Distributors are third-party beneficiaries of the terms and conditions of the Application license contained herein, and that each Application will be entitled (and will be deemed to be entitled) to enforce this Application license contained herein against You as a third-party beneficiary.