Terms and conditons
BY DOWNLOADING, ACCESSING OR USING THE PA-ZAZ APP OR WEB SITE AND/OR SERVICE, YOU ARE CONCLUDING AND CONFIRMING A LEGALLY BINDING CONTRACT BASED ON THESE TERMS.
As provided in greater detail in these Terms (and without limiting the express language of these Terms below), you agree and acknowledge that these Terms include, the following material terms:
- users are entirely responsible for the sale of goods or services (referred to herein as “goods”, “products” or “items”) to other users, including but not limited to the listing of goods and product warranties. Pa-zaz does not sell or purchase any goods, either for itself or on behalf of users or others;
- the App and Web site is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
- the Service is provided "as is" without warranties of any kind and Pa-zaz’s liability to you is limited as provided in these Terms;
- Pa-zaz is not involved in, and shall have no involvement in, disputes between users;
- disputes arising hereunder between you and Pa-zaz will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND PA-ZAZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Legal Disputes section below for the details regarding your agreement to arbitrate any disputes with Pa-zaz; and
- if you are using the App on an iOS-based device, you agree to and acknowledge the "Notice Regarding Apple", below.
Article 1. Description of the Service
The Service is an online consumer-to-consumer marketplace. Pa-zaz does not sell or purchase any goods, either for itself or on behalf of users or others. While Pa-zaz may help facilitate transactions, users that list and sell items through the Service ("Sellers") and users that purchase items through the Service ("Purchasers") are entirely responsible for the transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Purchasers are collectively referred to herein as “users” of the Service.
Pa-zaz is a licensed money services business in the U.S. jurisidictions listed on our Licenses/Disclosures page. Residents of certain states may have rights regarding concerns or complaints with our payment services; see the Licenses/Disclosures page for more information.
Article 2. User Registration; Account Information
You must be an individual (i.e., a natural person) who is at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. The Service is available only to individuals who can form legally binding contracts under applicable laws and regulations.
2.2 Accounts and Registration
To access most features of the Service, you must register for an account with us (an “Account” or a “Pa-zaz Account”). You may only register for one Account. You may be required to provide us with some information about yourself (such as your name, address, date of birth, social security number, and/or a copy of your driver’s license or other identification information) ("User Information") when you register for an Account or use certain Service features. We may verify your User Information with a third party vendor. We may additionally request you to send us additional documents or information to help us verify your identity. If we are unable to verify your identity, your use of the Service may be restricted or prohibited.
If you make purchases through the Service, you will be asked to provide information about your payment instrument(s) (each a “Payment Instrument”). Payment Instruments may include a credit card, debit card, Account earnings or credits balance, or other payment method permitted by us which may be stored with us for future use. We may validate that your Payment Instrument is in good standing with your Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
When you register for an Account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your Account and password. You agree to accept responsibility for all activities that occur under your Account. You shall not transfer, sell, pledge, lend, rent, or otherwise dispose of your Account information. If you have reason to believe that your Account is no longer secure, then you must immediately notify us through the Help Center Section.
A user shall not use an Account for the purpose of money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. If Pa-zaz determines that your use of an Account violates any of the foregoing or is otherwise inappropriate, Pa-zaz may, at its discretion, take the actions provided for in Article 10 or otherwise in these Terms.
Pa-zaz may choose in its sole discretion not to approve your Account registration or to terminate your existing Account registration if:
(i) you refuse to provide required Account registration information or User Information;
(ii) Pa-zaz is unable to verify your User Information;
(iii) you have previously engaged in any of the prohibited conduct outlined in Article 9;
(iv) you have had a previous Pa-zaz Account terminated or suspended; or
(v) Pa-zaz otherwise determines that your Account registration would be inappropriate.
Article 3. Scope of License
The App and Web site is licensed, not sold, to you for use only under the terms of this license. Pa-zaz reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Pa-zaz hereby grants you a personal, limited, revocable, non-transferable license to use the App and Web site on a single compatible device that you own or control, solely for your own use. You may not modify, alter, reproduce, distribute or make the App or Web site 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 App or Web site. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Web site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Web site or any content available through the App or Web site. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Pa-zaz that replace and/or supplement the original App or Web site, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The Service may include open source software or third party software. Any such software is made available to users under the terms of the applicable licenses. Please refer to the Help Center Section for the applicable notices and license terms.
Article 4. Third Party Services and Linked Websites
Article 5. Account Termination by User
You may terminate your Account at any time by contacting customer service through the Help Center Section. If you terminate your Account, you: (i) remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination; (ii) remain responsible for any incomplete transactions including without limitation the shipment of products that were paid for prior to termination; and (iii) remain obligated to resolve any disputes with other users that are instigated or result from purchases or sales of goods occurring prior to termination. Pa-zaz has no obligation to make refunds or other payments to you upon or after termination of your Account, except as required by applicable law or regulation.
Article 6. User Content
6.1 User Content Generally.
Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
6.2 Limited License Grant to Pa-zaz.
By posting or publishing User Content, you grant Pa-zaz a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Pa-zaz’s use of your User Content may be without any compensation paid to you.
6.3 Limited License Grant to Other Users.
By posting and sharing User Content with another user of the Service, you grant that user a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
6.4 User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize Pa-zaz and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Article 6 and in the manner contemplated by Pa-zaz, the Service, and these Terms; and
b. your User Content and the use of your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) violate any law or regulation or any provisions of these Terms; or (iv) cause Pa-zaz to violate any law or regulation.
If Pa-zaz determines that you breach any of the representations and warranties, or your User Content is otherwise inappropriate, in addition to taking the actions provided in Article 10, Pa-zaz may, at its discretion, remove the User Content with or without notice to you.
Article 7. Digital Millennium Copyright Act
7.1 DMCA Notification.
We comply with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
- JAROQUE ENTERPRISE, Inc.
- Attn: Copyright Agent
- 94 terry st
- patchogue, NY 11772
- Email: firstname.lastname@example.org
You may send a notice ("DMCA Notice") alleging that materials hosted by or distributed through the Service infringe intellectual property rights using contact form or sending a written notice to our Designated Agent. Any such notice must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that any DMCA Notice is in error, and that your posting was not infringing, you may contact our Designated Agent to submit a written counter notification under the DMCA that must include the following information:
a. your physical or electronic signature;
b. an identification of the material that was removed and the location at which the material appeared before it was removed;
c. a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; and
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or, if you live outside the United States, the U.S. District Court for the Northern District of California) and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.
7.2 Repeat Infringers
Pa-zaz will promptly terminate without notice the Accounts of users that are determined by Pa-zaz to be "repeat infringers." A repeat infringer is a user who has been notified of infringing activity or has had content they posted removed from the Service at least twice.
Article 8. Third Party Materials
Certain portions of the Service may include, display, or make available content, data, information, applications or materials from third parties ("Third Party Materials"). You understand that by using the Service, you may encounter Third Party Materials and other content, such as third party advertisements and promotional content, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally contain links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and agree that Pa-zaz shall not have any liability to you for Third Party Materials or other third party content, including Third Party Materials and third party content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, or of poor quality.
In addition, Third Party Materials and other third party content that may be accessed from, displayed on or linked to or from your device are not available in all languages or in all countries. Pa-zaz makes no representation that such Third Party Materials and other third party content are appropriate or available for use in any particular location. To the extent you choose to access such Third Party Materials or other third party content, you do so at your own initiative and are responsible for compliance with any applicable laws or regulations, including but not limited to applicable local laws and regulations.
Article 9. Prohibited Conduct
By using the Service you agree not to:
9.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation;
9.2 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
9.3 post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
9.4 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
9.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
9.6 use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
9.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service Account without permission, or falsifying your age, date of birth or other information;
9.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Article 19.1) or any right or ability to view, access, or use any Material;
9.9 If you are a Seller, engage in any of the prohibited conduct listed in the Seller Terms; or
9.10 attempt to do any of the acts described in this Article 9, or assist or permit any person in engaging in any of the acts described in this Article 9.
Pa-zaz may contact users or utilize a third party verification service to verify User Information if Pa-zaz suspects such prohibited conduct has occurred. Pa-zaz may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification. Pa-zaz may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by Pa-zaz. Pa-zaz will not be obligated to refund any payments or provide any compensation in connection with acts taken by Pa-zaz in accordance with this Article, except as required by applicable law or regulation.
Article 10. Suspension or Termination of Use; Restriction of Access; Discontinuation and Modification of the Service
If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Pa-zaz may in its sole discretion suspend or terminate your Account on the Service, restrict access to your Account or balances in your Account, or suspend or terminate your access to the Service at any time, with or without notice. Reasons for such suspension or termination or restriction of access include but are not limited to: (i) you become insolvent, or file for bankruptcy; (ii) you suspend your payments, or are unable to pay fees or other payments to Pa-zaz or other users as they become due; (iii) the Payment Instrument you use to conduct transactions on the Service is not in good standing, closed, seized, or frozen; (iv) you do not provide User Information requested by Pa-zaz or Pa-zaz is unable to verify User Information you have provided; (v) Pa-zaz suspects suspicious activity in connection with your Account or your use of the Service; (vi) you violate any law or regulation or any provisions of these Terms or Pa-zaz suspects such violation has occurred; (vii) such suspension or termination or restriction of access is required by applicable law or regulation; or (viii) it would be a violation of law or regulation or Pa-zaz suspects it would be a violation of law or regulation for Pa-zaz to provide the Service to you.
We also reserve the right to modify, suspend or discontinue the Service at any time for any reason (including by limiting or discontinuing certain features of the Service) with or without notice to you.
If your permission to use the Service is terminated, your Account or access to the Service is suspended or terminated, or your access to your Account or balances in your Account is restricted, you: (i) remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination or suspension; (ii) remain responsible for any incomplete transactions including without limitation the shipment of products that were paid for prior to termination or suspension; and (iii) remain obligated to resolve any disputes with other users that are instigated or result from purchases or sales of goods occurring prior to termination or suspension. Pa-zaz has no obligation to make refunds or other payments to you upon or after termination or suspension of your Account or Service access, except as required by applicable law or regulation.
Article 11. Prohibited Items
Pa-zaz prohibits the listing or sale of any item that is set forth in the list of prohibited items found in the Seller Terms. If a Seller lists a prohibited item, it will be deemed to be a violation of these Terms regardless of whether the Seller acted intentionally or not. If Pa-zaz determines that a listing violates these Terms or is otherwise inappropriate, in addition to taking the actions provided in Article 10, Pa-zaz may, at its discretion, remove the listing and cancel any related transactions.
Article 12. Purchasing Procedures
When purchasing a product using the Service, YOU AGREE TO THE FOLLOWING:
12.1 A Purchaser shall not (i) place an order without the intent to purchase, (ii) purchase goods for a commercial purpose (e.g., resale), or (iii) place any order that is determined by Pa-zaz to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Purchaser and Seller that is unrelated to a purchase of goods. Pa-zaz may cancel or suspend any transaction or Account it suspects is fraudulent, otherwise illegal or is the result of unauthorized access to the Service.
12.2 A Seller shall not purchase a product Seller themselves has listed. If a Seller wishes to withdraw a listing, he or she shall do so according to the procedures specified by Pa-zaz. Please see the Help Center Section for information on withdrawing a listing.
Article 13. Payment and Execution of Transactions
13.1 Formation of a Sales Contract
A sales contract for a product will be formed with the Seller when the Purchaser completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Purchaser. The Seller and the Purchaser shall not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract. For more information on our payment procedures, please refer to the Help Center Section.
13.2 Payments by Purchaser and Shipping
If a sales contract is formed, the Purchaser shall pay the total amount of the product price and any applicable fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price, and if shipping will be paid by the Purchaser, the product will be shipped after the Purchaser pays the product price and shipping fee. A Seller shall ship a product after the Purchaser has completed his or her payment.
13.3 Cancellation of a Transaction
Cancellation of a transaction is not permitted once the product has been ordered by a Purchaser, except as required by applicable law or regulation. However, Pa-zaz may allow the cancellation of an order if the Purchaser does not make a payment or does not pay in time, the Purchaser receives an item that is not as described in the listing or is sent the wrong item, or for other reasons Pa-zaz deems appropriate.
13.4 Purchases and Payment Procedure
Any payment by a Purchaser in connection with the Service shall be made through Pa-zaz and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Center Section. Purchases made through the Service are also subject to the terms and conditions of Purchaser’s Payment Instrument between Purchaser and the issuer of the Payment Instrument.
By agreeing to these Terms, you authorize Pa-zaz and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. When Purchaser requests to make a purchase, Pa-zaz processes such transaction on behalf of the Seller, and Purchaser authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Purchaser’s Payment Instrument.
Seller agrees that Pa-zaz and its designated payment processor act as agents for the Seller in processing payments for purchases. A Purchaser’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Pa-zaz of the purchase price (except for Purchaser’s obligations in the event of a chargeback or other payment reversal).
You, as a Purchaser, agree that your purchases made through the Service are transactions between you and the Seller, not with Pa-zaz or its affiliates. Pa-zaz and its affiliates are not parties to your payment transaction with the Seller. You also agree that Pa-zaz shall not have any liability to you for any payments made through Pa-zaz’s designated payment processor. Payments to Sellers shall be made through Pa-zaz and are further outlined in Article 15 below and in the Help Center Section.
When user ratings by both a Purchaser and a Seller (as outlined in Article 14 below) are complete, Pa-zaz and its designated payment processor will process the payment to Seller. Pa-zaz will make commercially reasonable efforts to credit Seller’s earnings balance with Pa-zaz (discussed further in Article 15 below) within ten (10) days of receipt of the settled payment proceeds by Pa-zaz. Receipts may not be issued to users for payments made or received on the Service, except as required by applicable law or regulation.
A user’s responsibility for bank transfer fees and other costs required to make or receive a payment shall be subject to the rules set forth in the Help Center Section.
13.5 Return policy
If a Purchaser receives an item that’s not as described in the listing or is sent the wrong item, the Purchaser must report the problem to the seller within 24 hours of delivery. The situation must be rectified between the buyer and the seller directly. If a resolution cannot be reached, Pa-zaz Customer Service needs to be notified.
Article 14. User Ratings
Once a product has been received by a Purchaser, the Purchaser shall promptly rate the Seller. Once the Purchaser has rated the Seller, the Seller shall promptly rate the Purchaser. Please refer to the Help Center Section for more information on our rating system.
Article 15. Fees and Redeeming Earnings
15.1 Seller Fees
Sellers agree to pay Pa-zaz the applicable "Transaction Fee". Transaction fees correspond with the type of lease (subscription) that was chosen; Free Trial is 20%, Smal Store is 15%, Medium store is 12.5%, and Large store is 10%. The Transaction Fee is subtracted from Seller’s earnings. All fees are taken out after the transaction of the goods is complete.
15.2 Redeeming and Using Earnings
Pa-zaz shall transfer earnings to Seller’s bank account every 5 days. Pa-zaz may ask for Seller’s User Information to secure the transfer and the purchasing, and may retain the earnings until Seller’s User Information has been verified and confirmed.
A Seller whose User Information has not been verified and confirmed by Pa-zaz may not complete a sale through the Service that would result in an Account earnings balance in excess of $1,900 (one thousand nine hundred dollars) on any day, as calculated by Pa-zaz in its discretion.
15.3 No Interest.
Pa-zaz and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Pa-zaz. You assign to Pa-zaz the right to earn interest on earnings or other funds maintained with Pa-zaz and its bank, in consideration of your use of the Service.
Article 16. Live Broadcasting
16.1 Facebook live
While filming facebook live, seller agrees to allow pa-zaz to review or showcase their item for marketing purposes. PA-ZAZ have the right to display or film the item for sale without notifying the seller.
16.2 Youtube reviews
While filming Youtube live, seller agrees to allow pa-zaz to review or showcase their item for marketing purposes. PA-ZAZ have the right to display or film the item for sale without notifying the seller.
Article 17. Handling of Coupons
A user may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Pa-zaz. The amount of Credits that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Pa-zaz. To the extent permitted by law or regulation, Pa-zaz may change the rules at any time, and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. "Coupons" means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Pa-zaz, through the Service in accordance with these Terms.
17.2 No Exchange, Transfer or Refund of Coupons
A user will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service in accordance with the applicable campaign rules provided by Pa-zaz. A user will not be able to transfer Coupons to any other user or person. In addition, Pa-zaz will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Pa-zaz in accordance with applicable laws and regulations. A user is responsible for any unauthorized use of his or her Coupons.
17.3 Prohibited Use of Coupons
A user shall not use Coupons for the purpose of money laundering or any illegal purpose or in violation of any law or regulation or provisions of these Terms. If Pa-zaz determines that your use of Coupons violates these Terms or is otherwise inappropriate, in addition to taking the actions provided in Article 10, Pa-zaz may, at its discretion, invalidate all of the Coupons and/or Credits earned by using Coupons owned by such user.
17.4 Account Termination by User; Termination of Account or Service by Pa-zaz
Except as otherwise required by applicable laws and regulations, if a user terminates their Account or his or her Account or access to the Service is terminated by Pa-zaz (see Article 10), all of the Coupons owned by such user will immediately be invalid and cannot be subsequently used.
17.5 Coupons Expiration
Coupons expire in accordance with the applicable campaign rules provided by Pa-zaz. Once expired, Coupons will not be reinstated.
Article 18. Amendment of these Terms
We reserve the right, at our discretion, to modify these Terms on a going-forward basis at any time, with or without prior notice, and such changes will be effective in accordance with the following. In the case of material changes to these Terms, Pa-zaz will make reasonable efforts to notify you of the change, such as through a pop-up window on the Service, through sending an email to any email address you may have used to register for an Account, posting the notice on the App or the Web site, or other similar mechanism.
The modifications to these Terms will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Your use of the Service following the date that any such change becomes effective constitutes your agreement to be bound by the modified Terms. If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your Account and you may no longer use the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Article 19. Ownership; Proprietary Rights
The Service is owned and operated by Pa-zaz. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Pa-zaz are protected by intellectual property and other laws or regulations. All Materials contained in the Service are the property of Pa-zaz or our third party licensors. Except as expressly authorized by Pa-zaz, you may not make use of the Materials. Pa-zaz reserves all rights to the Materials not granted expressly in these Terms.
While Pa-zaz is continually working to develop and evaluate Pa-zaz product ideas and features, Pa-zaz prides itself on paying close attention to feedback, comments, and suggestions from users. If you choose to contribute by sending Pa-zaz any ideas for products, services, features, modifications, enhancements, refinements, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, you agree that:
a. Pa-zaz has no obligation to review, consider, or implement Feedback, or to return all or part of any Feedback to you for any reason;
b. Feedback is provided on a non-confidential basis, and Pa-zaz is not under any obligation to keep any Feedback confidential or to refrain from using it in any way; and
c. You irrevocably grant Pa-zaz and its successors and assigns perpetual and unlimited permission to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
Article 20. User’s Responsibilities
20.1 Provision of Required Equipment
A user shall provide and maintain, at their own cost and responsibility, the computers, smartphones, and other devices, software, communication lines, and any other communication environment that are required to receive the Service. Pa-zaz makes no representation or warranty that the Service is compatible with any particular device or network, and does not provide any support to users with regards to the provision, installation, and operation of any such devices.
20.2 Disputes Between Users
If there is a dispute between users, or between a user and a third party in connection with the Service, the problem shall be resolved by such users at their own cost, provided that Pa-zaz may join the discussion at its discretion and that Pa-zaz shall not bear any liability related to such disputes. If Pa-zaz incurs any damages due to such disputes, the parties shall jointly and severally compensate Pa-zaz for such damages.
If you have a dispute with one or more users, you release Pa-zaz (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Pa-zaz Entities") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
20.3 Transaction Records and Customer Service
Records of your payment transactions through the Service and Pa-zaz Account balance transactions will be reflected in your transaction history in your Pa-zaz Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting Pa-zaz of such events through Contact Us in the Help Center Section. It is your obligation to print or save a copy of your transaction history if desired. If your Pa-zaz Account or your access to the Service is terminated or suspended by you or by us, you may not be permitted to access your transaction history. Please refer to the Electronic Communications Policy in Article 23 below for additional information.
Article 21. Indemnity; Disclaimer of Warranties; Exclusion of Liability
You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify the Pa-zaz Entities from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
21.2 Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PA-ZAZ ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PA-ZAZ ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PA-ZAZ ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THE PA-ZAZ ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. THE PA-ZAZ ENTITIES HAVE NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
21.3 Limitation of Liability
IN NO EVENT WILL THE PA-ZAZ ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PA-ZAZ ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PA-ZAZ ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO PA-ZAZ FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR PA-ZAZ ACCOUNT BALANCE, THE SOLE REMEDY AGAINST PA-ZAZ SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL PA-ZAZ BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF PA-ZAZ ENTITIES OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
PA-ZAZ SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE PURSUANT TO ARTICLE 10.
THE PA-ZAZ ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS ARTICLE 21.3 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21.4 Force Majeure
No Pa-zaz Entity shall have any liability for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
When we are required by applicable laws or regulations, we collect personal information from you such as tax identification number, and we may request you to provide us with such information. You consent to promptly comply with such request from us. If you do not provide the required information, provide incorrect or invalid information or otherwise do not promptly comply with our request, it will be deemed to be a violation of these Terms. In addition to taking the actions provided in Article 10, we may, at our discretion, take other measures as Pa-zaz deems appropriate.
Article 23. Miscellaneous
If Pa-zaz determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or address provided by the user or by displaying notice on the App or the Web site or by other reasonable means. Pa-zaz shall not be liable for any damages incurred due to the fact that Pa-zaz’s notice or communication was not received or was delayed.
You may contact us by emailing us through the Help Center Section, or by filling out an inquiry form. If you are a California resident, you may have these Terms mailed to you electronically by emailing us a request for these Terms.
23.2 Electronic Communications
Pa-zaz may be required to provide certain disclosures, notices and communications (collectively "Communications") to users in written form. Pursuant to these Terms, we will deliver such Communications to users in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically, rather than in paper form.
You agree and consent to receive electronically all Communications provided to you in connection with your Pa-zaz Account and your use of the Service. Communications include:
- purchases and sales of goods through the Service;
- payment authorizations and transaction receipts or confirmations;
- Account statements and transaction history;
- tax statements we may be required to provide you; and
- any other communications or documents related to or about your Account and your use of the Service.
Communications will be deemed received by a user upon posting them to the App or on our Web site, sending them via email to the email address provided by the user, or otherwise communicating them to the user via the Service. We may, but are not obligated to, provide you with notice of the availability of a Communication delivered via one of these methods (for example, by informing you of the Communication through a pop-up window on the Service).
You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
In order to access and retain electronic Communications, you will need to maintain or have access to the following hardware and software at your own expense:
- a computer or mobile device with Internet or mobile connectivity;
- a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- the appropriate App, in the case of Communications delivered through such App;
- software capable of opening documents in PDF format;
- access to the valid email address you used to create your Pa-zaz Account registrations; and
- sufficient storage space to save past Communications or a printer to print them.
By giving your consent to these Terms, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications referenced in these Terms for your records. The following additional terms will apply to such electronic Communications:
- you may contact Pa-zaz to request another electronic copy of the electronic Communication without a fee;
- you may request a paper copy of such electronic Communication within ninety (90) days of the original Communication issuance date, and Pa-zaz reserves the right to charge a fee to provide such paper copy;
- you may contact Pa-zaz to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications; and
- Pa-zaz reserves the right to terminate your use of the Service if you decline or withdraw consent to receive electronic Communications.
You may contact Pa-zaz in relation to this Article through Contact Us in the Help Center Section.
You are solely responsible for the reporting and payment of any applicable taxes arising from the use of the Service. You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
23.4 Prohibition on Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Article headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Article 24. Legal Disputes
You and Pa-zaz each agree that any and all disputes or claims that have arisen or may arise between you and Pa-zaz relating in any way to or arising out of this or previous versions of these Terms, these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You and Pa-zaz agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
24.1 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PA-ZAZ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PA-ZAZ AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
24.2 Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Article, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Article or Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Article. The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Jaroque Enterprise, Inc. Attn: Copyright Agent, 94 terry st, Patchogue, New york 11772
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and Pa-zaz are unable to agree, in San Francisco County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Pa-zaz user to the extent required by applicable law or regulation. 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.
24.3 Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Article. For claims under $10,000, Pa-zaz will pay all arbitration fees and will reimburse you for the initial filing fee.
If you receive an arbitration award that is more favorable than any offer Pa-zaz makes to resolve the claim before an arbitrator was selected, then Pa-zaz will pay user’s reasonable attorneys’ fees (not to exceed the actual amount of attorneys' fees incurred by user) in addition to any substantive award. Pa-zaz will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that user’s claim is frivolous.
With the exception of any of the provisions in Article 24.1 of this Article ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Article is invalid or unenforceable, the other parts of this Article shall still apply. If an arbitrator or court decides that any of the provisions in Article 24.1 of this Article ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Article shall be null and void.
24.5 Opt-Out Procedure
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO JAROQUE ENTERPRISE INC, 94 TERRY ST, PATCHOGUE, NY 11772.
Article 25. Notice Regarding Apple
To the extent that you are using our App on an iOS device, you further acknowledge and agree to the terms of this Article 25. You acknowledge that these Terms are between you and Pa-zaz only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance 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 of these Terms. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.