Terms of Service
Published by:2024/6/ 1
Beijing International Resort Co., Ltd. (“BIRC”), hereby represented by its Theme Park and Resort Management Branch (“MB”), maintain UBR Audition Site Homepage (the "Site"; and the maintenance of the Site and the various services made available to you on or through the Site are collectively referred as the “Services”). BIRC and MB hereby are collectively referred as “Universal Beijing Resort”, “UBR”, “We”, “Our” or “Us”. For purposes of clarity the Services include both the services made available to you directly on the Sites and the services made available to you outside the Sites through your use of the Sites.
Please read these Terms Of Service carefully and fully comprehend the content of the clauses hereof, they contain important information regarding your legal rights including arbitration clauses or written arbitration agreement, whereby you agree to waive your right to a court litigation and to class relief. Furthermore, you shall also read carefully the clauses regarding to disclaimer of warranties or limitation of liabilities, as well as some additional clauses, permits, guidelines or rule solely attached for opening up or using certain Services, and choose to accept or reject. The clauses regarding to disclaimer of warranties, exclusion and limitation of warranties are in bold font hereunder for your attention. By using the Site or any Services thereof you agree to these Terms Of Service. If you do not agree to these Terms Of Service, please do not use the Site or the Services.
1. Acceptance Of Terms Of Service
2. Permitted Uses
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Services or Content, (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the Services or Content, or (iii) any advertisement on the Services and/or within Content. You may not either directly or through the use of any device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Services or Content unless expressly permitted by Us in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials or branding. You may also not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Services. See Section 19 for terms applicable to use of links to the Services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Services or its servers and infrastructures. You may not, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the Services or Content, whether or not for profit.
To the extent that We make Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism, device, or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
3. Access To The Site And Availability Of Services
We may change, suspend or discontinue any aspect of the Site or Services at any time (and any elements and features of them), in whole or in part, for any reason, in Our sole discretion, without notice or liability, including pursuant to Section 16 (Termination) below.
You are responsible for any charges incurred in obtaining access to the Site and Services. We reserve the right to change the nature of this relationship at any time. You and We agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of Our Services or these Terms Of Service.
4. Registration, Passwords, Unauthorized Use Of Your Account, And Sharing Of Social Features
5. You Agree To Our Privacy Policy
Any personal details and data acquired by Us from your participation on the Services will be used in accordance with our Privacy Policy and Cookies and Tracking Technologies Policy, including tracking information we collect automatically. To learn more about tracking information we collect automatically, please click on the “Privacy Policy” and “Cookies and Tracking Technologies Policy” icon on the Site..
6. Social Media Plug-Ins
If you don’t want the social network to collect the information about you described above, or to share it with Us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit Our Services. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser. SeeSection 2 of our Privacy Policy to find out more about how our Sites contain plug-ins to social media networks.
7. Your Conduct And Acceptable Use
• No Interference. You may not interfere with any other user from using or enjoying the Services.
• No Bullying. You may not use the Services to threaten, abuse, harass, or invade the privacy of any third party.
• Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, trade secret or other proprietary rights.
• Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
• Don’t Damage Our Site, Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other Services, or to obtain unauthorized access to the Services or Content or any data or other information of any third party.
• No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Services or use the Services, Content or any information contained therein for any unlawful purpose. We, in our sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the Services violates this provision.
• No Collection of Personal Information From Other Users and No Commercial Use. You may not collect information about other users of the Services in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation.
• Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with Us or with any other person or entity.
• No Criminal or Unlawful Conduct. You may not use the Services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
• Follow These Terms Of Service and Conduct Rules. You may not take any action on the Services that violates any applicable law or these Terms Of Service or these Conduct Rules.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating your access to the Services or seeking other legal or equitable remedies, once We become aware of any violation of these provisions.
8. Monitoring
9. User Content; Grant Of Limited License
If you post or upload any content (excluding your personal identifiable information, except those are non-identifiable and non-recoverable via procession) (“User Content”) to the Services, you hereby acknowledge and agree that you are granting Us (including without limitation, Our licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Us the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that We, Our licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Us under these Terms Of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Us, Our licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms Of Service obligates or may be deemed to obligate Us or any other person or entity to exercise any of the rights granted by you under these Terms Of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms Of Service. You agree that Us, Our licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Us, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that We do not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the Services, you consent to the recording, use and reuse by Us, Our licensees, successors and assigns, of your actions, likeness, name, appearance, profile photograph, performance and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Us, in Our sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Us, or related Sites or Services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity, unless, however, it is expressively prohibited by relevant laws.
Ownership: Except as expressly set forth in these Terms Of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Us or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Us.
Idea Submissions Prohibited: We do not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or Services. Therefore, please do not make any such unsolicited submissions to Us through the Services, including posts on any Site or any third party social network or website, or by email, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Us the right and license to the submission as if it were User Content as specifically set forth above. In addition, We retain all of the rights held by members of the general public with regard to your unsolicited yet submitted ideas and materials. Our receipt of your unsolicited yet submitted ideas and materials is not an admission by Us of their novelty, priority, or originality, and it does not impair Our right to contest existing or future intellectual property rights relating to your unsolicited yet submitted ideas and materials.
Public Nature of Services: While We may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by Us. User Content does not reflect the views of Us. Notwithstanding anything else in these Terms Of Service, We should not be seen as endorsing any User Content in any way. None of Us or Our officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content: User Content does not reflect the views of Us. Notwithstanding anything else in these Terms Of Service, We should not be seen as endorsing any User Content in any way. User Content posted through the Services are provided by users like you, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Us, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the Services. None of Us or Our affiliates, or Our or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the Services, nor shall they have any liability for any such User Content. We do not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Notwithstanding the foregoing, for avoidance of doubts, We hereby further declare, regarding to your personal information, if any provisions under the Section 9 hereof would conflict with the Privacy Policy, the Privacy Policy shall prevail.
10. Disclaimer Of Warranties
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NBCUNIVERSAL, UNIVERSAL (BEIJING) COUSULTING CO.,LTD., UNIVERSAL CITY STUDIOS LLC (“UCS”), UBC, BIRC AND MB, THEIR PARENT, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “UBR PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, OR YOUR ACCESS TO OR USE OF THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
11. Exclusion Of Damages
NONE OF THE UBR PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES CAUSED BY, RESULTING FROM OR IN RELATION TO FORCE MAJEURE EVENTS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, EVENTS THAT ARE UNPREDICTABLE, UNFORESEEABLE OR IRRESISTIBLE, SUCH AS ANY EXTREMELY SEVERE WEATHER, FLOOD, LANDSLIDE, EARTHQUAKE, STORM, LIGHTNING, FIRE, SUBSIDENCE, EPIDEMIC (including but not limited to COVID-19), ACTS OF TERRORISM, BIOLOGICAL WARFARE, OUTBREAK OF MILITARY HOSTILITIES (WHETHER OR NOT WAR IS DECLARED), RIOT, EXPLOSIONS, STRIKES OR OTHER LABOUR UNREST, CIVIL DISTURBANCE, SABOTAGE, EXPROPRIATION BY GOVERNMENTAL AUTHORITIES AND ANY OTHER ACT OR ANY EVENT THAT IS OUTSIDE THE REASONABLE CONTROL OF THE UBR PARTIES.
12. Limitation Of Liability; Applicability Of Disclaimers, Exclusions And Limits
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, UNIVERSAL PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
13. WE are Not Responsible For Third-Party Websites And Content
14. Indemnification
15. Reservation Of Rights
16. Termination
17. Infringement Policy
We reserve the right, but not the obligation, to terminate your license to use the Services if We determine in Our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
• Your name, address, telephone number, and email address;
• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third-party, please submit a list of such materials;
• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
• A statement that the information in the notice 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 or on behalf of the person defamed.
18. Links By You To the Services
19. Responsible Use Of Site
20. Investigations
21. Local Regulations
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from PRC, or the country in which you reside.
22. International Use
23. Binding Arbitration Of All Disputes
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with Us. Therefore, pursuant to these Terms Of Service, if you have any dispute or disagreement with Us regarding (i) your use of or interaction with the Site or other Services, (ii) any purchases or other transactions or relationships with Us, or (iii) any data or information you may provide to Us or that We may gather in connection with such use, interaction or transaction (collectively, “UBR Transactions or Relationships”), you will not have the right to pursue a claim in court and. By using or interacting with the Site or other online Service or engaging in any other UBR Transactions or Relationships with Us, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with Us. If those efforts fail, by using Our Site or other online Service, you agree that any complaint, dispute, or disagreement you may have against UBR, and any claim that UBR may have against you, arising out of, relating to, or connected in any way with these Terms Of Service, our Privacy Policy, or any UBR Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by China International Economic and Trade Arbitration Commission (“CIETAC”) and shall be initiated and conducted according to the CIETAC “Arbitration Rules” in force at the time of applying for arbitration, which rules are deemed to be incorporated by reference in this Section 23, and as may be amended by the remainder of this Section 23 (the “CIETAC Rules”).
(a) Arbitration Tribunal. The arbitration tribunal shall be comprised of three (3) arbitrators, each party shall select one arbitrator and those arbitrators are chosen shall select the final arbitrator, who shall be the chairman; if no agreement can be reached on the selection of the final arbitrator, he or she can be selected in accordance with the CIETAC Rules. The members of the Arbitration Tribunal shall be individuals who have experience in the resolution of complex international commercial disputes and, if possible, experience in the resolution of disputes in the movie theater and entertainment industry. The seat of the Arbitration shall be Beijing, China. The Arbitration proceedings shall be conducted in English. The losing party of such arbitration shall bear the legal fees (including arbitration fee and attorney fee) in the arbitration incurred by the winning party, except as may be ordered otherwise by the Arbitration Tribunal.
(b) The Arbitration Tribunal shall issue a written award supported by a statement of decision setting forth the Arbitration Tribunal’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it (the “Award"). The Award shall be issued in English. Judgment on the Award may be entered for enforcement by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
(c) The Arbitration Tribunal will not be empowered to award exemplary, punitive, consequential, expectancy, special, indirect or incidental damages, all of which are waived by the parties in accordance with Section 10 to 13. In all other respects, the Arbitration Tribunal may award any remedy or relief provided for under applicable law that the Arbitration Tribunal deems just and equitable (including interest on a sum awarded due to breach of these Terms and an award of legal fees and other costs) and, except as otherwise provided by these Terms, each party reserves all legal and equitable remedies consistent with applicable law.
(d) Without limiting the foregoing and notwithstanding anything in these Terms to the contrary, because the breach or anticipatory breach by a party of the provisions of these Terms could cause irreparable harm and significant injury that would be difficult to ascertain, each party shall have the right to apply to the Arbitration Tribunal or any competent judicial authority for injunctive or other interim relief or measures including, without limitation, injunctive or other interim relief orders with respect to the posting of security, the attachment of funds or property, any actual or anticipated violation, misappropriation or infringement of intellectual property rights or any actual or anticipated violation of any confidentiality provision of these Terms, without prejudice to any other rights and remedies such party may have.
(e) The existence of the dispute and the Arbitration shall be afforded the highest degree of confidentiality permitted by law. Except only to the extent necessary for a judicial proceeding to enforce, confirm, modify, or vacate an Award, or any other judicial proceeding permitted herein, or as may otherwise be required by law, the Arbitration, the Award, and all related proceedings, evidence, rulings, and testimony, shall remain confidential and shall be used solely for purposes of the Arbitration and adjudication of the Dispute.
24. User Disputes
25. General
(b) No Waiver. . No Waiver. No failure or delay by Us in exercising any right, power or privilege under these Terms Of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms Of Service.
(c) Severability. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms Of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(d) Limited Time to File Claims You agree that any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Site or other Services, or these Terms Of Service, our Privacy Policy , or other UBR Transactions or Relationships must be filed within the prescription period as provided by applicable PRC laws and regulations or be forever barred.
(e) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms Of Service are for convenience only and have no legal or contractual effect.
(f) This is the Entire Agreement. These Terms Of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
(g) Assignment. These Terms Of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Our prior written consent.
(h) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all other Services needed for your access to and use of the online Service and you will be responsible for all charges related to them.
26. Terms Applicable For Apple iOS
(a) To the extent that you are accessing these Services through an Apple device, you acknowledge that these Terms Of Service are entered into between you and Us and, hat Apple, Inc. (“Apple”) is not a party to these Terms Of Service other than as third-party beneficiary as contemplated below.
(b) The license granted to you in Section 2 of these Terms Of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: https://www.apple.com.cn/legal/internet-services/itunes/cn/terms.html ) and any third-party terms of agreement applicable to the Services.
(c) You acknowledge that We, and not Apple, are responsible for providing the Services and Content thereof.
(d) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support Services to you with respect to the Services.
(e) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.
(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms Of Service, you acknowledge that, solely as between Apple and Us, We and not Apple are responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms Of Service in Sections 11, 12 and 13, Our liability to you for use of the Services is greatly limited.
(g) Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms Of Service, and that, upon your acceptance of the terms and conditions of these Terms Of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms Of Service against you as a third-party beneficiary thereof.
(i) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services.