Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Disney+ Hotstar Platform compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms of Use and does not own and is not responsible for the Disney+ Hotstar Platform. Apple is not providing any warranty for the Disney+ Hotstar Platform except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Disney+ Hotstar Platform and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Disney+ Hotstar Platform, including any third-party product liability claims, claims that the Disney+ Hotstar Platform fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Any enquiries or complaints relating to the use of the Disney+ Hotstar Platform, including those pertaining to intellectual property rights, must be directed to Disney in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the Disney+ Hotstar Platform on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You must comply with the terms of any third-party agreement applicable to you when using the Disney+ Hotstar Platform, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this provision only (pursuant to the Contracts (Rights of Third Parties) Act 1999) and to the extent permissible by applicable law, upon your acceptance of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. Notwithstanding the foregoing, ▇▇▇▇▇▇'s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party (including Apple and its subsidiaries).
Appears in 1 contract
Sources: Terms of Use
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Disney+ Hotstar Platform compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms of Use and does not own and is not responsible for the Disney+ Hotstar Platform. Apple is not providing any warranty for the Disney+ Hotstar Platform except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Disney+ Hotstar Platform and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Disney+ Hotstar Platform, including any third-party product liability claims, claims that the Disney+ Hotstar Platform fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Any enquiries or complaints relating to the use of the Disney+ Hotstar Platform, including those pertaining to intellectual property rights, must be directed to Disney in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the Disney+ Hotstar Platform on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You must comply with the terms of any third-party agreement applicable to you when using the Disney+ Hotstar Platform, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this provision only (pursuant to the Contracts (Rights of Third Parties) Act 1999) and to the extent permissible by applicable lawand, upon your acceptance of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. Notwithstanding the foregoing, ▇▇▇▇▇▇'s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party (including Apple and its subsidiaries).
Appears in 1 contract
Sources: Terms of Use