WEBSITE TERMS OF SERVICE
This Website Terms of Service (the "Website Terms of Service") is a binding contract between you, an individual user ("you") or the Subscribing Entity (defined below) on whose behalf you are acting, and Elegia, Inc. ("us" or "we") governing your use of Elegia services available through the Elegia website (the "Website") and the Elegia mobile application(s) (the “App(s)”), where those services are the “Service”), as well as your access to and use of the Website and App. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE WEBSITE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE WEBSITE TERMS OF SERVICE, THEN YOU MAY NOT USE THE SERVICE.
To have a copy of the Website Terms of Service and the Elegia Privacy Policy (the "Privacy Policy") sent to you, contact Elegia directly.
1.SUMMARY OF MATERIAL TERMS.
1.1) As provided in greater detail in the Website Terms of Service (and without limiting the express language of the Website Terms of Service), you acknowledge the following:
a) you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy, including with respect to the collection of location information;
b) the App, Website and Service is provided "as is" without warranties of any kind and Elegia's liability to you is limited; and
c) disputes arising hereunder will be resolved by binding arbitration.
2. GENERAL
The Service is a platform enabling people and companies seeking interior design services ("Clients") to get a custom interior design, including one final design visualisation, and one revision of the final design rendering based on user comments (Clients are "Users").
2.1) Acceptance of Privacy Policy. Your use of the Service is subject to the Privacy Policy, which is available by email and is hereby incorporated by reference into the Website Terms of Service. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
2.2) Third Party Fees. You may incur third party fees through use of the Service, such as fees charged by Vendors (defined below) for products or services. In addition, you may be subject to third party terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
2.3) Changes to the Website Terms of Service. We may revise the Website Terms of Service at any time by posting an updated version You should visit this page periodically to review the most current Website Terms of Service, because you are bound by it. Your continued use of the Service after a change to the Website Terms of Service constitutes your binding acceptance of the Website Terms of Service.
2.4) Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organisation (each a "Subscribing Entity"), then you represent and warrant that you: (i) are an authorised representative of that Subscribing Entity with the authority to bind such entity to the Website Terms of Service and (ii) agree on behalf of such Subscribing Entity to bind the Subscribing Entity to the Website Terms of Service.
2.5) Children. No part of the Service is directed to persons under the age of 16. IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
3. REGISTRATION AND ELIGIBILITY.
3.1) Account Types and Registration. Anyone may browse the public-facing pages of the Website, App, and Service and take the style profile, but to start the custom design plan, the client must register.
3.2) Client. To become a Elegia Design Client, you must provide your zip code, phone number, email address, name and password. You will also take a user survey (to help us determine your preferred design styles), provide us photos of your space, and provide us additional information about your room and project. You will also be afforded the opportunity to have a phone call or online chat with designer. The designer will then provide you suggestions for your space as well as a shoppable list of products according to your service package selected.
3.3) Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Elegia by e-mail to . You will be solely responsible for the losses incurred by Elegia and others due to any unauthorised use of your account.
4. CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU.
4.1) Your Content. If you are a Client, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects, on or through the Service ("Your Content") with Elegia. Your Content may be made public, so do not upload any confidential content. Elegia claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights. Separately, you may give Elegia the right to take photos or record video of areas of your home after the design services are complete (“After Images”).
4.2) You, and not Elegia, are responsible and liable for Your Content. Because we do not control the Your Content or the content posted on or through the Service by other users (collectively with Your Content, “UC”), we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UC. You also agree and understand that by accessing this Service, you may encounter UC that you may consider to be objectionable. We have no responsibility for any UC, including without limitation any errors or omissions therein.
4.3)We may disclose and/or remove UC. Elegia has certain rights. We have the right (but do not assume the obligation) to:
a)monitor all UC;
b)remove or block any UC at any time without notice at our sole and absolute discretion;
c)disclose any UC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Elegia or others, or to enforce these terms; and
d)terminate your access to and use of this Service, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.
4.4) You agree that our exercise of such discretion shall not render us the owners of UC you post, and that you will retain ownership thereof as described above.
4.5) Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
4.6) License Grants to ELEGIA. By creating, posting, or sharing Your Content on or through the Service, or allowing Elegia to take, obtain, or record After Images, you grant Elegia a world-wide, non-exclusive, sub-licensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate Elegia’s business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service, and (c) with regard to After Images only, for any lawful business purpose.
4.7) You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the Website Terms of Services, (ii) the posting and use of Your Content on or through the Service, or of the After Images does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content and After Images is non-confidential and non-proprietary.
4.8) Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Elegia will utilise any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately.
5. FEES; PAYMENTS.
5.1) Fees. The estimated fee (the "Estimated Fee") for the Service(s) and Items purchased through the Service (e.g., all design package services and merchandise products) will be set forth during the ordering process for Service(s) that you go through on the Website. The Estimated Fee on Items purchased through the Services is based on the price known to Elegia at the time you checkout through the Services. Because Elegia works with a number of Vendors, we do not have control over the pricing of all Items offered through our Services (see Section 6.1). After you place your order, Elegia will notify you of any discrepancies in Item prices, in which case you will have the option of accepting the actual price or rejecting the Item for which the price changed. Elegia will process the order (a) for all Items for which the price did not change from the Estimated Fee, and (b) for all Items for which you have approved a price change from the Estimated Fee (where the final fee for the items in (a) and (b) is the “Fee”). The Fee is due and payable in advance of Client’s design, product recommendation process, or order placement of Items.
5.2) Payments. The Service currently uses third parties to process payments. Our third- party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in CH Franks. When you use the Service to place an order for Items, you authorize the purchase and delivery of the Items (subject to any confirmation of Item prices, as stated in Section 6.1). You agree that Elegia will obtain a temporary pre-authorization of your credit card to cover the cost of the Items you have purchased, along with any estimated taxes, fees, and shipping costs, and excluding any unvalidated promotions. You acknowledge that taxes and shipping costs are estimated at the time of checkout, and you agree to any final tax and/or shipping costs as calculated by Elegia, based on your shipping location and the Fee. Your credit card statement will reflect the final total amount charged to you upon order completion.
5.3) Taxes. The Fees are exclusive of tax. Clients are responsible for all applicable government taxes, fees, and service charges (“Taxes”) resulting from a transaction occurring through the Service. Elegia will collect and remit such Taxes from Clients where required by law, but a Client may be responsible for additional Taxes not collected by Elegia. All taxes are calculated using the Fee.
5.4) Refunds. Havenly may offer any Client a full or partial refund at Elegia's sole discretion. Please email to Elegia to request a refund.
6) ADDITIONAL SERVICES FROM ELEGIA.
6.1) Third Party Purchases. A Client may wish to purchase certain items (“Items”) offered by third parties (each, a “Vendor”) through the Service. Elegia will collect the cost of these Items (as part of the Fee) from you in advance of Elegia placing orders with the Vendor for the purchase of the Item(s). All Vendor terms and conditions apply to these purchases of Items, including return policies and shipping costs. Return shipping from outside of Switzerland may result in additional fees. Note that while Elegia uses reasonable efforts to display the current and accurate price for Items, the price for Items is dynamic, and the price displayed on the Service for any particular Item is subject to change.Elegia will confirm Item pricing before charging Client’s credit card.
6.2) Installation. The Service may offer to assist Clients with installation of furniture ("Installation") for a fee, which will be set forth on the Service. To facilitate Installation, Elegia may provide third party contractors personal information to identify location and costs, and facilitate Installation.
6.3) Elegia Gift Cards. No fees apply to purchase or activation of card. Redeemable for services delivered in EU and Switzerland and on elegia.com only. The card is non-reloadable and, except where required by law, cannot be redeemed for cash, refunded, or returned. Treat this card as cash; issuer is not responsible for lost, damaged or stolen cards, or for unauthorized use. The card has no value until purchased, and may not be sold or bartered. For card and balance info, email or visit elegiadesign.com. Terms apply and are subject to change without notice.
7. THIRD PARTY MATERIALS; ELEGIA CONTENT.
7.2) In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries Elegia makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
7.1) You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third Party Materials"), and data, information, applications, materials and other content from Elegia (collectively, "Elegia Content" and, together with Third Party Materials, but excluding Your Content, "Service Content"), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that Elegia shall not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
8. YOUR USE OF THE SERVICE AND SERVICE CONTENT.
8.1) Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
8.2) You may access the Service solely as intended through the provided functionality of the Service and as permitted under the Website Terms of Service.
8.3) You shall not copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service, Website or App, or content you encounter on through the Service without Elegia's prior written authorisation including, by way of example and not limitation, by doing or engaging in any of the following without Elegia's express written consent:
a) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
b) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Elegia or obtained from the Service.
8.4) You shall not bypass, circumvent, damage or otherwise interfere with any security or other features of the Website or App designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You shall not copy or scrape any Service Content.
8.5) You shall not undertake, cause, permit or authorise the translation, reverse engineering, disassembling or hacking of any aspect of the Website or Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the Website Terms of Service, the authorised features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Elegia.
8.6) You shall not use, display, mirror, frame or utilise framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Elegia makes available the means for embedding any part of the Service or Service Content.
8.7) You shall not access, tamper with, or use non-public areas of the Service, Elegia's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Elegia's providers.
8.8) You shall not harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Elegia's employees and other users.
8.9) You shall not provide any false personal information to Elegia or any other user, or create a false identify or impersonate another person or entity in any way.
8.10) You shall not create a new account with Elegia, without Elegia's express written consent, if Elegia has previously disabled an account of yours.
8.11) You shall not solicit, or attempt to solicit, personal information from other users.
8.12) You shall not restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
8.13) You shall not use the Service, without Elegia's express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the Website Terms of Service.
8.14) You shall not gain or attempt to gain unauthorised access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
8.15) You shall not post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
8.16) You shall not interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
8.17) You shall not violate any applicable federal, state or local laws or regulations or the Website Terms of Service.
8.18) You shall not assist or permit any persons in engaging in any of the activities describe above.
9) CONSENT TO USE OF DATA.
9.1) You agree that ELEGIA may collect and use technical data and related information, including, but not limited to, UDID, contacts, usage data, location and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes Please see the Privacy Policy.
10. OWNERSHIP.
10.1) The Service, Service Content, After Images, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of ELEGIA and its licensors. Except for the limited licenses expressly granted to you under the Website Terms of Service, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the Website Terms of Service, either expressly, or by implication, estoppel or otherwise.
11. FEEDBACK.
11.1) We appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we will:
a) own, exclusively, all now known or later discovered rights to the Creative Ideas;
b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
12. CONSEQUENCES OF VIOLATING THESE TERMS.
12.1) We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. ELEGIA may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the Website Terms of use; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the Website Terms of use; and your use of the Service.
13. ELEGIA'S LIABILITY.
We make no promises and disclaim all liability of specific results from the use of the Service.
13.1) Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
13.2) User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Clients and designers. You assume all risk associated with dealing with third parties and designers. You agree to resolve disputes directly with the other party. You release ELEGIA of all claims, demands, and damages in disputes among users of the Service. You shall not involve us in such disputes. Use caution and common sense when using the Service. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that ELEGIA does not currently conduct background checks, including criminal background checks, on its Users. ELEGIA makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE. ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
13.3) Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
13.4) Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
14) TERMINATION.
14.1) The Website Terms of Use is effective until terminated by you or ELEGIA. Your rights under the Website Terms of Use will terminate automatically without notice from ELEGIA if you fail to comply with any term(s) of the Website Terms of Use (including by violating any license restriction provided herein). You may terminate theWebsite Terms of Use by uninstalling the App or ceasing use of the Service. Upon any termination of the Website Terms of Use, you must immediately cease all use of the Service.
15. COPYRIGHT POLICY.
15.1) The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send ELEGIA a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked The notice must include the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
b) Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
c) Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ELEGIA to locate the material on the Service;
d) Your name, address, telephone number, and email address (if available);
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15.2) If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ELEGIA a counter-notice.
16. MISCELLANEOUS.
16.1) Assignment. You may not assign this Website Terms of Use or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of ELEGIA. ELEGIA may assign the Website Terms of Use, including all its rights hereunder, without restriction.
16.2) Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16.3) The Website Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and ELEGIA regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to the Website Terms of Use. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the Website Terms of Use or any provision of the Website Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in the EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of the Website Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ELEGIA as a result of the Website Terms of Use or use of the Service.
16.4) Contacting ELEGIA. You can contact ELEGIA, SA. by e-mail at hello@elegiadesign.com, or by Suisse Post at Elegia, SA., 17 Wettswilerstrasse, Birmensdorf,Zurich, 8903, Switzerland.
16.5) NOTICE REGARDING APPLE.
You acknowledge that the Website Terms of Use is between you and ELEGIA only, not with Apple, and Apple is not responsible for the App or the content thereof Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App Apple, and Apple's subsidiaries, are third party beneficiaries of the Website Terms of Use, and upon your acceptance of the Website Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Website Terms of Use against you as a third party beneficiary of the Website Terms of Use.