End User License Agreement
END USER LICENSE AGREEMENT
Last updated: 26 March 2021
ICONN Live is a community based on the principles of equality, tolerance, curiosity, exploration, and sharing. Each person in our community must treat others with respect: no racism, sexism, glorification of illegal behavior, and pornography are tolerated. To use the platform, you have to be at least thirteen (13) years of age, and if you are under eighteen (18), your parents(s), or legal guardian must approve.
ACCEPTANCE OF END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a legally binding agreement between you (“you”, your”, “yourself”, “user”, or “users”), and ICONN, Inc., its parents, subsidiaries, representatives, assigns, affiliates, officers, and directors, collectively (“ICONN”, “Company”, “we”, “us”, or “our”) governing your use of the ICONN mobile application (“App”), website located at https://www.ICONN.live (“Site”), and application programming interface(s) (“API”, or “APIs”). ICONN, the App, the Site, any other content, applications, features, functionality, information, and services offered by us, including and without limitation, subscription music/video services, viral, embeddable or application/device-based features and related technology (e.g., mobile, web, console, desktop and other APIs, widgets, plugins, applications, etc.), the preceding terms together are “Content”, “Service”, or “Services”. All uses of the Service are subject to the terms and conditions contained in the EULA.
PLEASE READ THIS EULA CAREFULLY
By accessing, viewing, browsing, installing, and/or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA’s terms.
By using the Service, you expressly acknowledge, understand, and agree to comply with this EULA, and any additional terms and conditions that the Company may provide to you in connection with your use of, or access to same, including, without limitation, in connection with related technology (e.g., widgets, plugins, applications, etc.), and other products and services we may offer, or make available to you ("Additional Terms"). The Service may also provide rules of participation for certain activities and services, including, including but not limited to, contests, sweepstakes, drawings, performances, and/or other initiatives ("Rules "). To the extent that there is a conflict between this EULA and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between this EULA, and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among the EULA, the Additional Terms, and/or the Rules, the following order of precedence applies: first, the Rules, second, the Additional Terms, and third, the EULA.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this EULA, and you agree to be bound by this EULA on behalf of that entity, organization, or company.
IF YOU DO NOT AGREE, YOU MAY NOT, AND SHOULD NOT VIEW, ACCESS, BROWSE, AND/OR USE THE SERVICE.
PLEASE BE ADVISED: THIS EULA CONTAINS PROVISIONS GOVERNING HOW CLAIMS BETWEEN YOU AND THE COMPANY CAN BE BROUGHT. THESE PROVISIONS WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE COMPANY TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT
AS A PLAINTIFF, OR CLASS MEMBER IN ANY CLASS, GROUP, AND/OR REPRESENTATIVE ACTION OR PROCEEDING. THIS AGREEMENT CONTAINS WARRANTY, AND LIABILITY DISCLAIMERS. IF YOU DO NOT AGREE TO THIS EULA, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. This EULA
applies whether you are accessing the Service via a wireless/mobile device, a computer, and/or any other technology/device.
CHANGES TO THIS EULA & SURVIVAL OF TERMS
You understand, and agree that the Company may change this EULA at any time without prior notice. The revised terms and conditions become effective at the time of posting. You may read the current version of this EULA here: https://iconn.live/eula/
Any use of the Service after each effective date constitutes your full acceptance of each revised term, and conditions. The terms of this EULA govern any updates the Company provides to you that replace and/or supplement any portion of the Service,
unless the upgrade is accompanied by a separate license, or revised EULA, in which case the terms of that license, or revised EULA govern. Notwithstanding the preceding sentences of this section, no revisions to this EULA applies to any dispute
between you, and the Company that arose prior to the effective date of such revision.
The Company reserves the right, in its sole discretion to restrict, suspend, and/or terminate this EULA, and your access to all, or any part of the Service at any time and for any reason, or without reason, without prior notice, or liability. The Company reserves the right to change, suspend, and/or discontinue all or any part of the Service at any time without prior notice, or liability.
The following sections found herein survive the termination of this EULA indefinitely whether or not you maintain a user profile/ID, or User Account: “Acceptance of End User License Agreement”, “Changes to this EULA & Survival of Terms”, “Arbitration Agreement”, “Limitation of Liability & Disclaimer of Warranties”, “Third-Party Disputes”, “Using The Service & License”, “External Platforms”, “Indemnification”, “User Eligibility”,, “Intellectual Property”, “Making Intellectual Property Infringement Claims”, “Fees & Payments”, “Miscellaneous”, and “Feedback”.
If any change to this EULA is not acceptable to you, then your sole, only, and exclusive remedy is to stop accessing, viewing, browsing, and/or otherwise using the Service.
Subject to the EULA herein, the Service enables users to access certain features, functionality, information, and/or services provided by us and/or our affiliates, including but not limited to, providing users with the ability to:
- Access, view and embed certain audio, visual, and/or representative content (including, without limitation, certain music, videos, demonstrations, and/or performances);
- Access personalized information and content regarding users’ live streams (defined as the ability to transmit and/or receive live video, and audio over the internet, media, scheduling, performance and information, such as recommendations, suggestions and notifications regarding audio-visual content, live streams and other related products and services; and/or
- Access to certain fee-based products, features and/or services.
The Service may be available via a mobile phone, tablet, computer, and/or other wireless device (together, “Mobile Service”). Depending on how you access the Mobile Service, your use may incur third-party fees, such as fees charged by your mobile carrier for data usage, and may be subject to third-party terms, including but not limited to your mobile carrier’s terms of service. You agree to pay all such fees, and abide by all such terms. In addition, downloading, installing, and/or using certain Mobile Service may be prohibited or restricted by your mobile carrier, and not all Mobile Service may work with all carriers, and/or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Service are available for your particular mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Service, and how much they will cost you. Nevertheless, all use of the Service, and related Mobile Service must be in accordance with this EULA.
NORTH AMERICAN RESIDENTS: PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS.
YOU, THE COMPANY, ITS RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO BINDING ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT, WHICH YOU AGREE THE SOLE AND EXCLUSIVE VENUE FOR SUCH ACTIONS WILL BE IN RALEIGH, WAKE COUNTY, NORTH CAROLINA), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES, AND CLAIMS ARISING OUT OF, OR RELATING THE SERVICE, AND/OR THE EULA. This includes, but is not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of, or relating to this EULA and prior versions thereof.
BY AGREEING TO BINDING ARBITRATION, YOU UNDERSTAND THAT YOU AND THE COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT, AND HAVE A JURY TRIAL FOR ANY AND ALL CLAIMS.
YOU, AND THE COMPANY AGREE THAT YOU, AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR, OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT AN ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
In a case in which a dispute is filed as a class, collective, and/or representative action, and there is a final judicial determination that the class action waiver is unenforceable in respect to any claim, or remedy, then that claim, or remedy shall be severed from any remaining claims, or remedies and may be brought in a court of competent jurisdiction pursuant to the venue and choice of law terms found herein, but the class action waiver shall be enforced in arbitration as to all other claims, or remedies.
To initiate arbitration, you, or the Company must first send to the other, by a reputable courier with a tracking mechanism, a written notice of intent to arbitrate (“Notice”), or, in the absence of a mailing address provided by you, the Company may use whatever via e-mail you have provided. The Notice to the Company should be addressed to: ICONN, Inc., Attn. Ryan The Lawyer, 4509 Creedmoor Rd. #201, Raleigh, NC 27612. The Notice must describe the nature, and basis of the claim or dispute, and set forth the specific relief sought. If you, and the Company do not reach an agreement to resolve the claim within ninety (90) days after the Notice is received, you, or the Company may commence binding arbitration as set forth herein.
BINDING ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“AAA Rules”), AS MODIFIED BY THIS EULA. The AAA Rules, and AAA’s forms are available at http://www.adr.org.
A single independent, and impartial arbitrator with his, or her primary place of business in Raleigh, Wake County, North Carolina will be appointed pursuant to the AAA Rules, as modified herein. The arbitration will be conducted in the English language. You and the Company agree to the following terms, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties:
- The arbitration will only be conducted in person only if the damages sought exceed $500,000.00 U.S.D., otherwise, the arbitration will be conducted only, solely, and exclusively by written submissions;
- The arbitration will not require any personal appearance by you, the Company, the Company’s officers, and/or witnesses unless otherwise mutually agreed in writing by you and the Company;
- Any judgment on the award rendered by the arbitrator is final and binding, and may be entered in any court of competent jurisdiction;
- All arbitration costs will be shared by the parties on a pro rata basis, with the Company counting as one party; and
- If any party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, each other party is entitled to costs of suit including reasonable attorney’s fees of having to compel arbitration, defend, and/or enforce the award.
Barring extraordinary circumstances, the arbitrator will issue his, or her decision within one-hundred and twenty days (120) days from when the final submissions are made. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public, confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrator’s award will be in writing, and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will only, and exclusively apply the laws of the State of North Carolina in conducting the arbitration. You acknowledge that these terms, and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.
The foregoing provisions of this Arbitration Agreement section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event the Company, or some third-party breaches this EULA, the damage or harm, if any, caused to you will not entitle you to seek injunctive, or other equitable relief against the Company, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA.
YOU, AND THE COMPANY AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THIS EULA, EXCLUDING A CLAIM FOR INDEMNIFICATION, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACRRUES. OTHERWISE, THE CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.
You, and the Company agree that all claims you bring against the Company must be resolved in accordance with this Arbitration Agreement section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly
filed. Should you file a claim contrary to this Dispute Resolution Section, the Company may recover attorney’s fees, and costs of up to $150,000.00 U.S.D., provided that before taking action, the Company notifies you in writing of any improperly
filed Claim, and you fail to promptly withdraw the claim.
In the event that the Company makes any future change to the Arbitration Agreement section (other than a change to the Company’s Arbitration Agreement section Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to ICONN, Inc., Attn. Ryan The Lawyer, 4509 Creedmoor Rd. #201, Raleigh, NC 27612 in which case your account with the Company and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, survives the termination of this EULA.
If the entirety of this Arbitration Agreement section is found to be unenforceable, then you, and the Company agree submit to personal jurisdiction Raleigh, Wake County North Carolina, and that the same is the sole and exclusive, venue of all matters.
Opting Out of Arbitration
You may not opt out of the requirement of the personal jurisdiction, venue, and choice of law requirements set forth in “Miscellaneous” section. If you do not wish to be subject to the Arbitration Agreement section, you may opt out of arbitration by notifying the Company by certified mail, postage prepaid, and return receipt requested to: ICONN, Inc., Attn. Ryan The Lawyer, 4509 Creedmoor Rd. #201, Raleigh, NC 27612. In order to be effective, the writing must clearly indicate:
- Your intent to opt out of this Arbitration Agreement section;
- You username, legal name, phone number, and email address associated with your User Account; and
- The writing must be postmarked no more than thirty (30) days from the date you initially agree to the EULA.
Should you not timely opt out, you and the Company agree to be forever bound by the terms of this Arbitration Agreement section to the fullest extent allowable by law. You should assume that in the future there may be lawsuits against the Company alleging class, collective, and/or representative claims, in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. However, if you do agree to arbitration with the Company under the Arbitration Agreement section, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against the Company in an individual arbitration as set forth in the Arbitration Agreement section. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement, and you will not be subject to retaliation if you exercise your right to assert claims or opt-out of the Arbitration Agreement section.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, SOME OF THE EXCLUSIONS, AND LIMITATIONS DESCRIBED MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU VIEW, INTERACT WITH, AND/OR USE THE SERVICE, AND ANY CONTENT AT YOUR OWN RISK. FURTHER, YOU ACKNOWLEDGE THAT ANY INFORMATION YOU PROVIDE TO THE COMPANY IS AT YOUR OWN RISK. THE COMPANY DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS, OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT, AND/OR OTHER OBJECTIONABLE CONTENT WHEN USING THE SERVICE. THE COMPANY HAS NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE, AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AND/OR RELIABILITY THEREOF. THE COMPANY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, AND/OR COMPLETENESS OF ANY CONTENT AND/OR ANY OTHER INFORMATION CONVEYED TO ANY USER, AND/OR FOR ERRORS, MISTAKES AND/OR OMISSIONS THEREIN, AND/OR FOR ANY DELAYS AND/OR INTERRUPTIONS OF THE DATA, AND/OR INFORMATION STREAM FROM WHATEVER CAUSE.
THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, AND/OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF MALWARE, VIRUSES, AND/OR SIMILAR CONTAMINATION AND/OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE, AND/OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING AND/OR REPLACING EQUIPMENT AND/OR DATA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH, OR IN CONNECTION THEREWITH, ARE MADE AVAILABLE ON AN "AS IS", AND/OR "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND/OR ANY GUARANTEE OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, AND/OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES AND/OR OPERATIONS WILL BE AVAILABLE AND/OR PERFORM AS DESCRIBED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND /OR “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS, ON BEHALF OF ITSELF, AND/OR ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, AND/OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS, AND/OR INTERACTIONS WITH OTHER USERS OF THE SERVICE AND/OR WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS, POSTINGS AND/OR CONTENT OF USERS OF THE SERVICE, THE COMPANY MAKES NO REPRESENTATIONS AND/OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND/OR WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, AND/OR THIRD-PARTY.
THE COMPANY PARTIES, AND ICONN/THE COMPANY FURTHER RESERVE THE RIGHT, WITH OR WITHOUT PRIOR NOTICE, AND IN THEIR SOLE DISCRETION TO:
- CHANGE, LIMIT, AND/OR REMOVE ANY CONTENT, DESCRIPTIONS, IMAGES, SOUNDS, AND/OR REFERENCES;
- LIMIT THE AVAILABILITY OF ANY CONTENT;
- HONOR, OR REFUSE TO HONOR ANY COUPON, PROMOTIONAL CODE, COUPON CODE, AND/OR OTHER PROMOTION;
- BAR ANY USER FROM THE SERVICES; AND/OR
- REFUSE TO PROVIDE ANY USER WITH ANY PRODUCT OR SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT. WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH THE COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE COMPANY’S LIABILITY, AND THE LIABILITY OF ANY OTHER COMPANY PARTIES, TO YOU OR ANY THIRD-PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 AND THE TOTAL FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE COMPANY IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, AND/OR OTHER THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE, OR OTHER THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, INCLUDING ANY REVIEWER, AND/OR CONTENT CREATOR, IS DIRECTLY BETWEEN YOU AND EACH SUCH THIRD-PARTY, AND/OR YOU IRREVOCABLY RELEASE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND/OR CONSEQUENTIAL) OF EVERY KIND, AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company Parties from, and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA, or your access to, use or misuse of the Content, and/or the Service. The Company will provide notice to you of any such claim, suit, and/or proceeding. The Company reserves the right to assume the exclusive defense, and/or control of any matter which is subject to indemnification under this section. In such case you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter.
The Company will promptly notify you of any such claim, and reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise
(as applicable), and in each such case, you agree to fully cooperate with us upon our request.
The Service is not for users previously suspended and/or removed from the Service by the Company. You agree that you may only create one account, and the Company may deactivate or delete additional accounts. By using the Services, you represent, warrant, and covenant that:
- You are thirteen (13) years of age or older, and reside in the United States of America, its territories, or possessions;
- Your use of the Services does not violate this EULA, any applicable law, rule or regulation, or any applicable terms, conditions or requirements promulgated by any provider of a Third-Party Platform (as defined herein); and
- All information you submit to ICONN is truthful, and accurate.
If you provide information that is untrue, inaccurate, not current, and/or incomplete, or ICONN suspects that such information is untrue, inaccurate, not current or incomplete, ICONN may suspend, and/or terminate your registration (in whole or in
part), and refuse any and all current or future use of the Services (or any portion thereof), with or without notice to you, and without liability or obligation to you or any third party.
REGISTRATION & SECURITY
In order to use the full benefits of the Service, you must request an account from the Company for the Service (“Account”, or “Accounts”). The Company reserves the right to accept, or reject requests for Accounts in its sole discretion for any reason, or no reason. The Service may allow you to register, and log in using sign-on functionality provided by social networks or third-party sites or services. You agree to abide by the applicable social networks’, or third parties’ terms and conditions in addition to those described herein.
You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You will notify the Company immediately at [email protected] if you suspect of, or know of any unauthorized use of your log-in credentials, and/or any other breach of security with respect to your Account. The Company will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying the Company of such. Separate log-in credentials may be required to access External Platforms (as defined herein).
When requesting or creating an Account, you will provide true, accurate, current, and complete information as the Company requests. You agree to update all information about yourself promptly, and as necessary, to keep your Account current, and accurate. The Company reserves the right to disallow, cancel, remove, and/or reassign certain usernames, links, and/or permalinks in appropriate circumstances, as determined in the Company’s sole discretion, and may, with or without prior notice, suspend or terminate your Account. If messages sent to the e-mail address you provide are returned as undeliverable, or later discovered to be an e-mail address that does not belong to you, then the Company may terminate your Account immediately without notice to you, and without any liability to you or any third-party.
You agree to remain liable for all amounts due under your account up to and including the date of termination. The Company reserves the right to deny access, use, and registration privileges to any User of the Services where there is any question as to the identity of the person trying to access any Account, or the Service.
USING THE SERVICE & LICENSES
The Service may provide you, and other Users with an opportunity to participate in live streams, streams, web communities, chats, interviews, contests, post comments, share opinions, and/or other communications; further, the Service may also provide you with the opportunity to submit, upload, post, email, display, stream, transmit, and/or otherwise make available live video, video, photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages, playlists, sounds, music, literary works, and/or other information, artwork and/or any other work/information (together, “User Content”, “User Post”, "User Posts”, “Post” or “Posts”) User Content is subject to protection of the laws of the United States, or potentially any other jurisdictions, including, but not limited to, patent, trademark, and/or trade secret end copyright laws.
You understand, acknowledge, and agree that choosing and vetting the content of all User Posts is the sole responsibility of the User that submitting each User Post. User Posts do not reflect the Company’s views, and by using the Services, you may be exposed to other people's User Posts that could be offensive, indecent, shocking, and/or objectionable. Accordingly, the Company does not guarantee the accuracy, integrity, quality, and/or content of any User Posts. The Company may not be held liable for the content of User Posts, including, without limitation, errors, omissions, and/or offensive content, and/or for any loss and/or damage of any kind incurred as a result of any User Posts, live stream, submission, upload, post, e-mail, and/or all other content displayed, transmitted and/or otherwise made available.
Although the Company offers users the ability to submit User Content to the Service, it does not pre-screen any User Content, and reserves the right to refuse, modify, or delete any User Content in its sole discretion, without notice to you, for any reason, or for no reason whatsoever. The Company has the right - but not the obligation - in its sole discretion to refuse, or delete any User Content that it reasonably considers to violate this EULA, be illegal, offensive, or inappropriate. The Company does not guarantee the accuracy, the integrity, or quality of any User Content, and under no circumstances is the Company liable for any User Content, including liability for any errors, omissions, or emotional harms in or caused by any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.
You grant to the Company the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual, and royalty-free right, license, authorization, and permission, to use, in any form, or format, on or through any media, and/or medium, and with any technology, or devices now known or hereafter developed or discovered, in whole or in part, to live stream, host, cache, archive, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and/or otherwise exploit all or any portion of your User Postings, for any purpose whatsoever (including, without limitation, for any promotional purposes including but not limited to advertising, promotion, and marketing) without accounting, notification, credit, payment, and/or other obligation to you. Further, you grant the Company the unqualified, unrestricted, unconditional, unlimited right to license and sub-license, and authorize others to exercise any of the rights granted hereunder to the Company, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this EULA, and granted to the Company commences immediately upon submission of your User Posts, and continues perpetually and indefinitely, regardless of whether or not you use the Service or have created or maintain a User Account, or User ID.
The Company does not acquire any title, or ownership rights in any User Posts. After you live stream, submit, post, email, display, transmit or otherwise make available any User Post on or in connection with the Service, you retain any such rights that you may have in such User Posts, subject to the rights, licenses, and/or privileges granted herein. In using the Service, you agree that:
- You will access the Service solely as intended through the provided functionality of the Service, and as permitted under this EULA;
- You will not take any action that imposes an unreasonable load on the Service’s infrastructure;
- You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
- You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising of, or making up the Service;
- You will not access, tamper with, or use non-public areas of the Service, the Company’s computer systems, and infrastructure, or the technical delivery systems of the Company’s providers;
- You will not post, transmit or otherwise make available any virus, worm, malware, 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;
- You will not delete or alter any material the Company, or any other person or entity Posts on the Service;
- You will not frame, inline, or link to any of the materials or information available on the Service;
- You will not alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
- You will not use any trademarks, service marks, design marks, logos, sounds photographs, or other content belonging to the Company, or obtained from the Service;
- You will not disparage, harass, abuse, harm, or advocate or incite disparagement, harassment, abuse, or harm of another person or group, including the Company’s employees or other Service Users;
- You will 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 that person, or collect information about users of the Service;
- You will not provide any false personal information to the Company;
- You will not create a false identity or impersonate another person or entity in any way;
- You will not create a new account with the Company, without the Company’s express written consent, if the Company has previously disabled an account of yours;
- You will not solicit, or attempt to solicit, personal information from other users of the Service, except as expressly permitted by the functionality of the Service;
- You will not use the Service to send emails, or other communications to persons who have requested that you not send them communications;
- You will not use the Service, without the Company’s express written consent, for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- You will not gain unauthorized 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;
- You will not interfere with, or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
- You will not violate any applicable federal, state, or local laws or regulations, and/or the terms of this EULA; and
- You will not assist or permit any persons in engaging in any of the activities described above.
You hereby grant the Company an unrestricted, assignable, sublicensable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions, video transmission, and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Platforms (defined herein), and/or otherwise exploit and/or use all User Content you Post to or through the Service by any means, through any media and formats now known, or hereafter developed, for the purposes of advertising, marketing, and promoting the Company, and the Service, and providing the Service as authorized by this EULA.
You further grant the Company a royalty-free license to Use your user name, image, voice, words, sounds, and/or likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to the Company any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to the Company will be considered non-confidential and non-proprietary, and treated as such by the Company, and may be used by the Company in accordance with this EULA without notice or compensation to you and without any liability to the Company. For the avoidance of doubt, the rights granted in the preceding this Section include, but are not limited to, the right to reproduce audio/visual recordings/reproductions, make mechanical reproductions of the content embodied in such audiovisual recordings, and publicly perform the same audio/visual recordings/reproductions (and any portion of the content embodied therein), on a royalty-free basis. You grant the Company the right to use your User Content without the Company and/or any third-party incurring any obligation to pay you royalties.
You must not Post any User Content on the Service if you are not the copyright owner of, or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. This includes but is not limited to sounds, brands, logos, likenesses, images, video, logos, brands, and/or any other such content. You represent and warrant that:
- You own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms;
- The Posts and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights. intellectual property rights, or any other rights of any person, party and entity;
- The Post of your User Content on the Service will not require the Company to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
- The Posting of your User Content on the Service does not result in a breach of contract between you, and a third-party. You agree to pay all monies owing to any person, party and /or entity as a result of Posting your User Content on the Service.
All of the rights you grant in this EULA are provided on a through to-the-audience basis. Accordingly, owners or operators of External Platforms (defined herein) cannot have any separate liability to you or any other third-party for User Content Posted or used on such External Platforms via the Service.
By Posting User Content to or through the Service, you waive any rights to prior inspection, or approval of any marketing, and/or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree to never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
For the avoidance of doubt, the Company will not be liable for any unauthorized use of User Content by any other user or third-party. This EULA, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without the Company’s prior written consent. However, the Company may freely assign or transfer this EULA. These EULA inures to the benefit of and is binding upon you and Company, and all legal representatives, successors, and assigns.
SMS, TEXT, & E-MAIL COMMUNICATIONS
By providing the Company with your mobile telephone number, you consent to receive text messages at that number as requested for account verification, invitations, and other purposes related to the Service. While the Company does not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. The Company may send, and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. The Company is not responsible for the timeliness ,or final delivery of the message, as this is out of the Company’s control and is the responsibility of the cellular telephone operator or other networks.
You may be able to use the Service to send SMS, text messages, and/or e-mails, which may include marketing content to individuals who are not users of the Service. For example, you may invite others to use the Service by SMS, text message, and/or e-mail. You represent, and warrant that you will initiate and send text messages using the Service only to those individuals who have expressly agreed to receive SMS, text message, or e-mail, including marketing from you, and the Company. You agree that you control the sending of SMS, text messages, and/or e-mails you initiate through the Service, and that the Company is limited to facilitating your SMS, text message, and/or e-mail transmissions.
The Service may contain links to third-party websites with content and rules not created by the Company (“External Platforms”). These links are provided solely as a convenience to you, and are not an endorsement by the Company. The content of such External Platforms is developed and provided by others. You hold the Company harmless if you encounter data, information, applications, other users of the Service, pictures, sounds, video and/or other content, including content from the Service, that may be deemed offensive, or otherwise objectionable. In such cases, you must contact the site administrator of those External Sites if you have any concerns regarding such content. Likewise, you should take precautions when downloading files from all websites to protect your computer from viruses, malware and/or other destructive programs.
Your dealings with, or participation in promotions of, any External Platforms/Services on or through the Services is solely between you and the External Platforms/Services. Your participation with any External Platforms/Services may be subject to any terms and conditions set forth by External Platforms/Services.
The Company does not verify, endorse, or have any obligations, responsibility, or control over, websites and or applications operated by External Platforms/Services, or the business practices of External Platforms/Services. Accordingly, the Company is not responsible for the contents, products, and/or communications concerning External Platforms/Services.
The Service is licensed to you for use only under the terms of this EULA. The Company reserves all rights not expressly granted to you. Subject to your complete, and ongoing compliance with this EULA, the Company hereby grants you a personal, limited, revocable, non-transferable license to access, and use the Service.
Except for User Content, the content made available on, or through the Service, including without limitation, any text, graphics, visual representation, sound, photo, software, and/or interactive features, may be protected by copyright or other intellectual property rights and owned by the Company or the Company’s third-party licensors (together, “Company Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s functionalities. You may not modify, or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. The Company solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
The Company trademarks, service marks, and logos (“Company Trademarks”) used and displayed on the Service, and elsewhere are the Company’s registered and unregistered trademark or service marks. Other product and service names located on the Service may be trademarks, or service marks owned by third-parties (“Third-Party Trademarks”) Third-Party Trademarks together with the Company Trademarks are, “Trademarks”.
Nothing on the Service, or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the Company’s prior express written consent for each individual use. Further, you may not use the Trademarks to disparage the Company, or the applicable third-party, the Company’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any service without the Company’s prior express written consent. All goodwill generated from the use of any Company Trademark is inured solely to the Company’s benefit.
You may not sell, lend, transfer, assign, license, sublicense, or modify the Company’s Content and/or the Service. You may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Company Content in any way or for any purpose. The use or posting of any of the Company’s Content on any other website, application, or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the Services’ source code, modify the Services’ source code, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this EULA, then your right to access and/or use the Company’s Content and Service will automatically terminate, and you must immediately destroy any copies you have made of the Company’s Content.
MAKING INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
The Company respects the intellectual property of others, and asks our Users to do the same.
Repeat Infringer Policy: The Company considers a “Repeat Infringer” to be any user that has uploaded User Content, or Feedback to, or through the Service, and for whom the Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content, or Feedback. The Company’s intellectual property policy is to remove or disable:
- Access to material that the Company believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third-party by being made available through the Service; and
- All User Content uploaded to the Service by “Repeat Infringers,” The Company has discretion, however, to terminate the Account of any user after receipt of a single notification of claimed infringement.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes upon an intellectual property right you own or control, then please promptly send a Notification of Claimed Infringement containing the following information to the ICONN, Inc., Attn. Ryan The Lawyer, 4509 Creedmoor Rd. #201, Raleigh, NC 27612 by United States Postal Service registered mail, return receipt requested:
- A physical, or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific 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 the Company to locate the material;
- Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer concerning 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Your Notification of Claimed Infringement may be shared by the Company with the user alleged to have infringed a right you own or control, and you hereby consent to the Company making such disclosure.
If you receive a notification from the Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide the Company with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to the Company’s Designated Agent, and include the following information:
- A physical or electronic signature of the User;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, in the Eastern district of North Carolina, and that the subscriber will accept service of process from the person who provided notification under the Company’s Repeat Infringer Policy or an agent of such person; and
- A party submitting a Counter Notification should consult a lawyer, and/or 17 U.S.C. §512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
If you submit a Counter Notification to the Company in response to a Notification of Claimed Infringement, the Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that the Company will replace the removed User Content or Feedback or cease disabling access to it in ten (10) business days, and the Company will replace the removed User Content or Feedback and cease disabling access to it not less than ten (10), not more than fourteen (14), business days following receipt of the Counter Notification, unless the Company’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Company’s system or network.
The Copyright Act provides: “[A]ny person who knowingly materially misrepresents under [§ 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [the Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” 17 U.S.C. § 512(f). The Company reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
FEES & PAYMENTS
The Company may make certain fee-based products, and/or services available to Users of the Service. For example, you may be able to order certain live streaming-related products, streaming products, audio-visual products, and/or licenses through the Service. Additional terms may apply to your use of, access to and purchase of such fee-based products or services and such additional terms are incorporated herein by reference. You may only purchase such fee-based products and/or services if, and you hereby represent, warrant and agree that:
- You are eighteen (18) years of age or older, and a resident of the U.S.; and
- You will pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases you, or anyone using your User Account, make via credit, debit, or charge card, or other payment means acceptable to ICONN concurrent with your online order.
All fees or payments will be processed via the Company’s third-party payment processor. Before you pay any fees, you will have an opportunity to review, and accept the fees that you will be charged. All fees are in U.S. dollars, and are non-refundable. If the Company changes the fees for the Service, including by adding additional fees, or charges, the Company will provide you with advance notice of those changes. If you do not accept the changes, the Company may discontinue providing the Service to you. The Company will charge the payment method you specify at the time of purchase. You authorize the Company to charge all sums as described in this EULA to that payment method. If you pay any fees with a credit, debit, or charge card, the Company may seek pre-authorization prior to your purchase to verify that the card is valid, and has sufficient available funds. You are liable for any taxes (including VAT, if applicable) required to be paid on your use of the Service, or on any related payment received (other than taxes on the Company’s income).
You agree that the Company may send notices, agreements, disclosures, and/or other communications to you electronically, and this satisfies all legal communication requirements, including that such communications be in writing. You also agree that clicking on “Pay”, “Confirm”, or “Agree” and/or other methods of confirming your transaction, will be used as an electronic signature confirmation of your booking, or order.
This EULA is governed by the substantive laws of the State of North Carolina without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state, and federal courts situated in Raleigh, Wake County, North Carolina. Likewise, you agree that Raleigh, Wake County, North Carolina is the sole, only and exclusive venue for all legal matters. Except as expressly agreed by the Company and you, this EULA constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all previous, and/or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
Section headings are provided merely for convenience and will not be given any legal import. This EULA inures to the benefit of the Company’s successors and assigns. You may not assign this EULA, 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 express written consent of the Company. The Company may assign this EULA, including all its rights hereunder without restriction.
In the event you dispose of, gift, give away, lose, or sell any device on which you have installed the App, or have stored information related to the Service, you are responsible for deleting the App, and all information concerning the Service prior to such disposition.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, and/or other relationship is created between you and the Company other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of the Company to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against the Company unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
APPLE, INC. & GOOGLE, INC. NOTICE
You acknowledge that this EULA is between you and the Company only, not with Apple, Inc., or Google, Inc. Neither Apple, Inc., nor Google, Inc. are responsible for the Services. Apple, Inc., and Google, Inc. have no obligation whatsoever to furnish any maintenance and/or support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, Inc., or Google, Inc. and request a refund of the purchase price you made on the App. To the maximum extent permitted by applicable law, Apple, Inc., and Google, Inc. have no other warranty obligation whatsoever with respect to the App. Apple, Inc., and Google, Inc. are not responsible for addressing any claims by you, or any third-party concerning the App, and/or your possession and/or use of the App, including, but not limited to:
- Product liability claims;
- Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation.
Apple, Inc., and Google, Inc are not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your possession, and/or 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, Inc., and Google, Inc., their subsidiaries, and their parent organizations are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple, Inc., and Google, Inc. have the right (and will be deemed to have accepted the right) to enforce this EULA against you as third-party beneficiaries.
Further, you hereby represent and warrant that you are not located in a country that is subject to a United States Government embargo, that has been designated by the United States Government as a “terrorist supporting” country, you are
not on the United States Government’s “entity list”, and you are not otherwise listed on any United States Government list of prohibited or restricted parties. If the Company provides a translation of the English language version
of this EULA, the translation is provided solely for convenience; however, the meaning of the original English version prevails.
ICONN’s staff is continually working to develop and evaluate product ideas and features. If you choose to contribute by sending the Company, its employees, agents, and/or assigns any ideas, or suggestions for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, product/feature names, documentation, artwork, computer code, diagrams, and/or other materials (together, “Feedback”), then regardless of what any accompanying communication may say, by sending Feedback to the Company, you agree that:
- The Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis. The Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
- You irrevocably grant the Company perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the- audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the 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 that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
ADDITIONAL TERM/WORD USAGE
Singular and/or plural usage: the plural includes the singular, and the singular includes the plural as necessary to bring a term and/or word within this EULA’s scope. Any word and/or term used herein, but not specifically has the same meaning as found in the Meriam-Webster Dictionary at https://www.merriam-webster.com.
CUSTOMER SUPPORT CONTACT
For assistance with technical issues, or any customer support inquiries, please send an email to [email protected].
DESIGNATED AGENT ADDRESS
Please send any other inquires in writing to: ICONN, Inc., Attn. Ryan The Lawyer, 4509 Creedmoor Rd. #201, Raleigh, NC 27612.