Terms of Use
Effective as of: June 5, 2020
Welcome to Quake Media services (the “Service”), through which you can access and stream audio content as well as other products and services that may be developed from time to time. The Service is maintained and operated by Quake Media Inc. (“Company,” “we,” “our,” or “us”) and includes, without limitation, all content, audio, text, video, images, and other materials available on the Service (“Content”).
Access and use of the Service is subject to the following terms and conditions of use, all other terms and policies included on the Service, each as updated from time to time (collectively, “Terms of Use”) and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, the Terms of Use. If you do not agree or cannot comply with the Terms of Use you must not use any portion of the Service. Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference and may be updated from time to time.
THE SECTION ENTITLED “GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION” OF THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT REQUIRING YOU TO PURSUE DISPUTES THROUGH INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR RIGHT TO PURSUE ANY CLASS, GROUP, OR REPRESENTATIVE CLAIM. PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
Authorized Use of the Service: The Service is provided for your personal and non-commercial use for entertainment and informational purposes only, and for no other purpose whatsoever. Any other use of the Service requires the prior written consent of Company. These Terms of Use do not grant you or any other party any right, title, or interest in the Service or any Content in the Service. If you violate or you do not agree to the Terms of Use, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.
By accessing or using the Service, you represent and warrant that: (i) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater); (ii) your use of the Service is lawful where you use the Service and will not violate any applicable law, rule, or regulation; (iii) you will only use the Service in a lawful manner; and (iv) you have the right to use any payment method that you use in connection with the Service.
Restrictions on Use: You may not (i) modify, adapt, create derivative works from or translate any part of the Service, (ii) reverse engineer, decompile or disassemble the Service or otherwise attempt to obtain its source code, underlying ideas, algorithms, file formats, or programming interfaces of the Service, (iii) copy, rent, lease, redistribute, reproduce, rip, record, transfer, or make available to the public, any part of the Service or the Content or any of the rights you receive hereunder; (iv) use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service, (v) take any action to interfere with or disrupt the Service or any other user’s use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing”, or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use, (vi) interfere or manipulate, or attempt to interfere with or manipulate the proper working of the Service or any activities conducted on the Service, including, without limitation, artificially increasing play counts or blocking advertisements on the Service; (vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to protect, or prevent or restrict access to the Service (including Content, accounts, computer systems or networks connected to the Service), (viii) frame portions of the Service within another Service; and/or (ix) resell use of, or access to, the Service to any third party without our prior written consent.
Account: You may be required to create an account to use the Service (“Account”). You agree that the information provided in connection with the Account is accurate and complete and will be kept up-to-date. You are solely responsible for keeping your Account secure, and for actions that happen on or through your Account (including any purchases made), whether or not such actions were taken by you. You may not use another person’s user account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for or related to your Account.
Termination: We reserve the right, at any time for any reason, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any part of the Service; terminate or suspend your Account or license to use the Service or any part of it; modify or discontinue the Service; modify or remove any of the information contained in the Service; limit the availability of the Service to any person, geographic area, or jurisdiction we choose; and modify and/or waive any fees charged in connection with the Service. You understand and agree that cancellation of your Account and/or ceasing use of the Service are your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in or our enforcement or application of these Terms of Use or any other agreement between us, (b) the Content available on or through the Service, or any change in or to such Content, (c) your ability to access and/or use the Service, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by us on or through the Service.
Payments and Cancellations: You may purchase a subscription (“Subscription”) directly from us on our website at quakemedia.com or through a third party (e.g., such as Apple or Google) by paying a subscription fee in advance on a monthly basis or some other recurring period that is disclosed to you prior to purchase. If you purchase a Subscription through a third party, separate terms and conditions with such third party in addition to these Terms of Use may apply.
Your payment to Company or the third party through which you purchased the Subscription will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription the day before the end of the then-current Subscription period. If you purchased your subscription through our website, you may cancel your Subscription by (i) signing into your account at quakemedia.com (ii) select Account Overview under Profile in the main navigation, (iii) select Cancel Subscription, and (iv) select Finish Cancellation. If you purchased your Subscription through a third party you must cancel through that third party. The cancellation will become effective on the day after the last day of the current Subscription period. All payments are non-refundable and no partial refunds or credits will be issued for any partial subscription periods.
We may, in our sole discretion, change the price for the Subscriptions from time to time but will communicate any such price changes in advance. Price changes take effect at the start of the next subscription period following the date of the price change or, if specified, on the date we specify in our communication to you. By continuing to use the Service after a price change takes effect, you agree that you accept the new price. If you do not agree with a price change, you must terminate your Subscription prior to the date the price change takes effect.
You agree to provide current, complete, and accurate purchase information for all purchases including your email address, billing address, payment card numbers, and expiration dates so that we can complete your transactions and contact you as needed. By purchasing a Subscription, you authorize us or the applicable third party to automatically charge your payment method on a recurring basis in accordance with the terms of the Subscription you purchased for the applicable subscription charge and any applicable taxes and fees. If your payment method has expired or we are otherwise unable to successfully charge your payment method, we reserve the right to charge any other payment method associated with your account, or cancel or suspend your Subscription.
Trials, Promotions, Contests, and Sweepstakes: We may from time to time offer promotions, subscription trials, giveaways, contests, and/or sweepstakes (“Promotions”). The Promotions will be governed by these Terms of Use, and each individual Promotion will prominently feature additional terms or rules (including but not limited to run-period, eligibility requirements, prizes, etc.) which may be determined by us in our sole discretion (“Promotion Terms”). No user of the Service is required to engage with or participate in any Promotions. Should you elect to participate in the Promotions, you agree to be bound by these Terms of Use and the Promotion Terms and by the decisions of Company, which shall be final and binding on all matters pertaining to the Promotions. The Promotions shall be subject to all federal, state, and local laws and regulations and shall be void where prohibited by law.
The Promotions may include opportunities for new users to sign up for Subscription trials for a specified period at no cost or at a reduced price. We may require you to provide your payment details in connection with such trials and at the end of the trial period, you agree that we may automatically charge you for the Subscription on the first day following the end of the trial on a recurring basis according to the Promotion Terms which are disclosed to you in advance. TO AVOID BEING CHARGED ONCE THE TRIAL PERIOD ENDS, YOU MUST CANCEL THE TRIAL BEFORE THE END OF THE TRIAL PERIOD. IF YOU SIGNED UP FOR THE SUBSCRIPTION THROUGH THE WEBSITE, PLEASE TAKE THE FOLLOWING STEPS TO CANCEL YOUR TRIAL: (i) SIGN INTO YOUR ACCOUNT ON QUAKEMEDIA.COM, (ii) SELECT ACCOUNT OVERVIEW UNDER PROFILE IN THE MAIN NAVIGATION, (iii) SELECT CANCEL SUBSCRIPTION, AND (iv) SELECT FINISH CANCELLATION. IF YOU SIGNED UP FOR THE SUBSCRIPTION TRIAL THROUGH A THIRD PARTY, THE SUBSCRIPTION TRIAL MUST BE CANCELLED THROUGH THE APPLICABLE THIRD PARTY.
Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service (including Content) belong to third parties who have authorized Company to display the materials, such as certain third party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms of Use are reserved by Company.
No Ideas Accepted: We do not accept any unsolicited ideas from outside Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Service, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Content or Materials Posted by You. Certain features on the Service may allow you to post or submit text comments, photos, videos, or other Content (“User Content”). Unless otherwise specified, you may only post and submit User Content to the Service that you created or which the owner of the User Content has given you permission to post. If User Content depicts or uses the name, likeness, voice, image, or performance of any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the User Content. You may be required to provide proof of such permission to us. You may not post or distribute User Content that is illegal or that violates these Terms of Use. By posting, submitting, or distributing User Content to the Service, you represent and warrant that (a) you own all the rights to the User Content or are authorized to use and distribute the User Content to the Service; (b) the User Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation; and (c) the User Content does not imply any affiliation with or endorsement of you or your User Content by Company or any individual or entity without express written consent from Company or such individual or entity.
By submitting or posting User Content to the Service, you grant us and our licensees the irrevocable, perpetual, transferable, sub-licensable, royalty-free, fully paid, worldwide right to reproduce, display, perform, distribute, adapt, translate, modify, and promote the User Content, whether alone or together with other materials, in any manner or medium, now known or hereafter created. Once you submit or post User Content to the Service, Company does not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating User Content posted to the Service. You are solely responsible for anything you may submit to or post on the Service and the consequences of submitting or posting anything through the Service.
Prohibited Activities: Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service or while using the Service. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that:
• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or provides information to circumvent security measures;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.
Digital Millennium Copyright Act (“DMCA”) Notice: Content may be made available via the Service by users and other third parties not within our control. We are under no obligation to and do not scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has 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
(vi) 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.
All DMCA notices should be sent to our designated agent as follows:
Quake Media Inc.
Copyright Agent
Third Party Websites, Apps, and Service: Certain features in the Service may integrate, contain links to, or facilitate access to other websites, apps, content, and services not operated by us. These third party websites, apps, content, and services may also refer to or link to our Service. We encourage you to read the terms of use and privacy statements of each and every website, app, or service that you visit both within or outside of our Service. We are not responsible for the practices, content or services of such third parties even if it appear within and/or are accessible through our Service.
No Warranties: COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT ON THE SERVICE AND COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limits on Liability: IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES EXCEEDING THE FEES YOU PAID TO COMPANY FOR THE SERVICE IN THE SIX MONTHS PRECEEDING THE CLAIM. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Changes: The Service and all information posted on the Service is subject to change at any time. In addition, these Terms of Use may be changed at any time. If we materially change the Terms of Use, we will notify you through a notice, updated Terms of Use on the Service, by email (sent to the email address specified in your account, if any), or some other method, prior to or upon the change(s) becoming effective. We will make such changes by posting them on the Service. You should check the Service for such changes frequently. Your continued access of the Service after such changes demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Service (including your use of third party websites, apps, content, and services accessible within or through the Service), (ii) any breach by you of any of these Terms of Use, (iii) your violation of any law or the rights of a third party; and (iv) your User Content.
Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Assignment: You may not assign or transfer the Terms of Use or any of your rights or obligations hereunder without our prior written consent. We may, at any time in our sole discretion, assign the Terms of Use, or any of our rights or obligations under the Terms of Use.
Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Company under these Terms of Use and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.
Governing Law; Dispute Resolution; Arbitration:
The laws of the State of New York shall govern these Terms of Use.
While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms of Use, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
If this arbitration agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue to resolve any dispute, claim, or controversy that relates to or arises in connection with the Service or these Terms of Use shall be the federal and state courts located in the County of New York, in the State of New York.
Export Control: The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
California Resident Notice: California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210 in order to resolve a complaint regarding the Service or receive further information regarding use of the Service.
Additional Terms for Users of Apple Devices: If you have downloaded the Service from Apple’s App Store, the following shall apply: You acknowledge and agree that the Terms of Use are solely between you and us, not Apple, and that Apple has no responsibility for the Service. Your use of the Service must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that 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 the purchase price, if any, for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to us as provider of the Service. You acknowledge that Apple is not responsible for addressing your claims or those of 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, privacy, or similar legislation; and all such claims are governed solely by the Terms of User and any law applicable to us as provider of the Service. You acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof. You represent that 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 you are not listed on any U.S. Government list of prohibited or restricted parties.
Entire Agreement. The Terms of Use (including and all other legal notices, amendments, and additional agreements, terms, conditions, and policies published on the Service) and our privacy policy constitute the entire agreement between you and Company with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.
Contact Us: Should you have any questions regarding these Terms of Use you may contact us at: support@quakemedia.zendesk.com