Licensed Application Supplemental Terms and Conditions
By using the Licensed Application, you agree to all of the following supplemental terms:
The Licensed Application Supplemental Terms and Conditions (“Supplemental Terms”) are supplemental to and do not replace or supersede the Standard Eula or the Apple Media Services Terms and Conditions (the “Apple Terms”).
Defined Terms. Capitalized terms not defined in the Supplemental Terms shall have the meanings as ascribed in the Apple Terms.
Third Party Services and Materials. Phantom Force, LP (“PF”) has no control over and assumes no responsibility for any third party services, including the Services. PF makes no representation that Services or third party materials are appropriate or available for use in any particular location.
Payment Processing. Apple and its affiliates (and not PF) are responsible for charging your Apple ID at confirmation of purchase (or other payment method at such other times as indicated in the Apple Terms and for payment processing), including any applicable taxes, for your Paid Subscription.
Renewal of Paid Subscription and Charges. Your Paid Subscription automatically renews unless you cancel it at least 24 hours before the end of the current subscription period. Your account will be charged by Apple for the Paid Subscription renewal within 24 hours before the end of the current period. You can manage and cancel your subscriptions by going to your account settings in the App Store after purchase.
Governing Terms. With respect to your use of the Licensed Application, in the event of a conflict between the Apple Terms and these Supplemental Terms, the Supplemental Terms shall govern and control except for the Apple Terms’ Section entitled “Licensed Application End User Agreement” in Section G through subsection (h) (but not including subsection (i)) which shall govern and control that subject matter (i.e., Scope of License, Consent to Use Data, Termination, External Services, No Warranty, Limitation of Liability, Import/Export, and Commercial Items).
Severability. If any provision of the Apple Terms or the Supplemental Terms is held to be invalid or unenforceable in whole or in part, the validity of the remainder of the provision and the other provisions of the Apple Terms and the Supplemental Terms shall not be affected.
United Nations Convention on the International Sale of Goods. Specifically excluded from application to these Supplemental Terms is that law known as the United Nations Convention on the International Sale of Goods.
Compatibility of Devices. Subject to the Apple Terms, you may use the Licensed Application in connection with compatible Apple-branded devices.
Social Media Posting. The Licensed Application enables you to create visual content, to edit your photos, to create photo effects, and to create video effects (“Your Materials”). You may post Your Materials on our Instagram account (“Social Media Account(s)”) and use the tag containing our trademark #HYPERSPEKTIV in connection with those postings, provided that Your Materials meet the posting guidelines listed below.
When posting to our Social Media Account(s), you agree to not:
post any materials that you did not author yourself or to which you do not have the permission to use;
post any unlawful, deceptive, or offensive materials;
post any private or confidential material that belongs to someone else;
impersonate or misrepresent yourself or your affiliation with another or otherwise engage in illegal, fraudulent behavior; and
post spam, such as by way of example only, unauthorized advertising or informational announcements.
License to Your Materials. You grant to PF an irrevocable, nonexclusive, worldwide, gratis, royalty free and fully paid up right and license to use Your Materials that you post to the Social Media Accounts, related marketing, and PF internal purposes. PF may elect to remove or edit whatever material you submit.
Choice of Law; Dispute Resolution. These Supplemental terms and the relationship between you and PF shall be governed by the laws of the State of California, without regard to its conflicts of laws provisions. You hereby agree that except with respect to intellectual property claims that PF may have against you, any controversy or claim arising out of or relating to these Supplemental Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. If you (a) are not a U.S. Citizen; (b) do not reside in the U.S.; and (c) are not accessing the Licensed App from the U.S.; you hereby agree that any dispute or claim arising from these Supplemental Terms shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration rules in effect on the date of this Agreement. The number of arbitrators shall be one (1). The place of arbitration shall be Los Angeles, CA, U.S.A. The language to be used in the arbitratration proceedings shall be English.
YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, THAT THIS DISPUTE RESOLUTION AGREEMENT IS MADE IN THE COURSE OF INTERSTATE COMMERCE; AND THAT THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1 ET. SEQ. (THE “FAA”) AND NOT STATE LAW GOVERNS THE INTERPRETATION AND ENFORCMENT OF THIS DISPUTE RESOLUTION AGREEMENT, INCLUDING THE ARBITRABILITY OF DISPUTES, WHICH SHALL BE DECIDED BY THE ARBITRATOR. THIS CHOICE OF LAW PROVISION APPLIES ONLY TO THIS DISPUTE RESOLUTION AGREEMENT, AND NOT TO THE REST OF THIS AGREEMENT OR TERMS.
YOU FURTHER ACKNOWLEDGE THAT YOU AND PF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING ANY DISPUTE. IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE ARBITRATOR’S DECISION WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
CLASS ACTION WAIVER. YOU AND PF EXPRESSLY AGREE THAT:
(i) ANY ARBITRATION PROCEEDING WILL TAKE PLACE ON AN INDIVIDUAL BASIS;
(ii) YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING;
(iii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; (iv) IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH PF, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION; AND (v) YOU AGREE THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF OUR CONTRACT AND THESE TERMS AND THAT IT MAY NOT BE SEVERED. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS INTO ONE PROCEEDING, NOR SHALL THE ARBITRATOR HAVE THE POWER TO HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. SIMILARLY, ANY CLAIMS COVERED BY THIS DISPUTE RESOLUTION AGREEMENT THAT PF MAY HAVE AGAINST USER MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE ACTION PROCEEDING.
Section 13 shall survive expiration or termination of the Supplemental Terms.
You acknowledge and agree that you are entering into these Supplemental Terms voluntarily and without any duress or undue influence by PF or anyone else. You further acknowledge and agree that you have carefully read these dispute resolution provisions and that you have asked any questions needed for you to understand the terms, consequences and binding effect of these dispute resolution terms and fully understand them, including that you are waiving their right to a jury trial. Finally, you agree that you have been provided an opportunity to seek the advice of an attorney of your choice before agreeing to these dispute resolution provisions.
If you do not agree with these Supplemental Terms, please do not use the Licensed Application.
Contact. For questions about these Supplemental Terms, please contact us at firstname.lastname@example.org.