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SayJazz App End User License Agreement


This End User License Agreement (“Agreement”) is between you and Pocket Video Arts, LLC and governs use of this app made available through the Apple App Store. Pocket Video Arts, LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the SayJazz App or any service to which it connects, with or without notice and without liability to you. By installing the SayJazz App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the SayJazz App.

1. Parties

This Agreement is between you and Pocket Video Arts, LLC only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Pocket Video Arts, LLC, not Apple, is solely responsible for the SayJazz App and its content.

2. Privacy

Pocket Video Arts, LLC takes your privacy very seriously. The types of information that SayJazz collects include both personal and non-personal information.

The only personal information that SayJazz may collect is your email address that you explicitly provide in the form of a 'Feedback' email. This information is never provided to 3rd-parties and may be used for Pocket Video Arts, LLC marketing purposes. You always have the option to unsubscribe from any Pocket Video Arts, LLC email lists.

SayJazz may collect and use non-personal information about your usage of the SayJazz App, including certain types of information from and about your device. SayJazz may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the SayJazz App.

3. Limited License

Pocket Video Arts, LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the SayJazz App for your personal, non-commercial purposes. You may only use the SayJazz App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

SayJazz does not have an age restriction. By using the SayJazz App, you represent and warrant that (a) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (b) your use of the SayJazz App does not violate any applicable law or regulation. If you are a parent or legal guardian and you provide your consent to your child's use of the SayJazz App, you agree to be bound by this Agreement in respect to your child's use of the SayJazz App.

5. Objectionable Content Policy

Content may not be submitted to SayJazz, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

Pocket Video Arts, LLC disclaims all warranties about the SayJazz App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Pocket Video Arts, LLC, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

Pocket Video Arts, LLC does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Pocket Video Arts, LLC, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Pocket Video Arts, LLC, not Apple, is responsible for addressing any claims by you relating to the SayJazz App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the SayJazz App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Pocket Video Arts, LLC shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the SayJazz App. To the extent Pocket Video Arts, LLC is required to provide indemnification by applicable law, Pocket Video Arts, LLC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the SayJazz App or your use of it infringes any third party intellectual property right.

 

10. Term and Termination

This Agreement shall remain in effect until terminated by you or Pocket Video Arts, LLC.

Pocket Video Arts, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Pocket Video Arts, LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device.

 

11. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

12. Amendments to this Agreement

Pocket Video Arts, LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

13. Contact Information

If you have any questions about this Agreement, please contact us at pva@pocketvideoarts.com.