Welcome, and thank you for your interest in IRIAM Inc. (the “Company,” “we,” or “us”) and our mobile application “IRIAM” and related websites and services provided by us (collectively, the “IRIAM Service”). These Terms of Service for User are a legally binding contract between you (“you”) and the Company regarding your use of the IRIAM Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING ON THE BUTTON TO INDICATE YOUR AGREEMENT, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE IRIAM SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE IRIAM SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THE SAME PUBLISHED BY THE COMPANY, EACH OF WHICH ARE HEREBY INCORPORATED INTO THIS TERMS OF SERVICE (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE IRIAM SERVICE. YOUR USE OF THE IRIAM SERVICE, AND OUR PROVISION OF THE IRIAM SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY THE COMPANY AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 20.)
ADDITIONAL TERMS NOTICE. These Terms incorporate all Additional Terms (defined below), including the following:
Broadcaster Program Terms for User
BY BROADCASTING ON THE IRIAM SERVICE, YOU CONSENT TO OUR COLLECTION, USE, SHARING, AND RETENTION OF YOUR BIOMETRIC DATA AS DESCRIBED IN OUR BIOMETRIC PRIVACY NOTICE IN THE PRIVACY POLICY.
1. IRIAM Service Overview.
The IRIAM Service offers a live-audio, social-broadcasting platform through user-created virtual avatars generated using computer graphics and real-time motion capture technology (“User Avatars”). Users can view live streams on the IRIAM Service (“Viewers”) and interact with the performers. Users can also become performers (“Broadcasters”) to showcase their talent and connect with their own audience by live streaming certain content on the IRIAM Service (“Broadcast”). The IRIAM Service also allows Viewers to Post (as defined below) comments, cause virtual effects and stamps that appear momentarily in a Broadcast (“Effects”), to purchase Points and Effects to use within the IRIAM Service, and for Broadcasters to receive Diamonds in accordance with these Terms. If you are represented by a talent agency, organization, or other entity (“Agency”) in connection with a Broadcast, your access and rights on the IRIAM Service may vary from Broadcasters who are not under such representation, as stated in the applicable Additional Terms.
2. Eligibility.
You must be at least 18 years old to use the IRIAM Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the IRIAM Service; and (c) your registration and your use of the IRIAM Service is in compliance with any and all applicable laws, regulations guidance, directions and codes of practice.
3. Accounts and Registration.
To access certain features of the IRIAM Service, you must create a username in connection with your use of the IRIAM Service (your “IRIAM Account”). When you register for an IRIAM Account, you may be required to provide us with some information about yourself, such as your date of birth and accounts on other social media platforms. You agree that the information provided to us by you (or on your behalf) is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the security of your username and the mobile device with which you use the IRIAM Service, and you accept responsibility for all activities that occur under your IRIAM Account. You may register for multiple IRIAM Accounts at any given time. Notwithstanding the foregoing, you cannot consume Points for Effects in another user’s IRIAM Account with more than one of your IRIAM Accounts (i.e., you cannot consume Points in a particular user’s IRIAM Account from multiple IRIAM Accounts). Furthermore, you cannot use your IRIAM Accounts to consume Points in an IRIAM Account registered to you.. The Company, in its sole discretion, may suspend or terminate any account that is inactive for over a year. If you believe that your IRIAM Account is no longer secure, then you must immediately notify us here.
4. Virtual Goods
4.1 Virtual Goods.
A. Points and Effects. Certain features of the IRIAM Service allow Viewers to display Effects in a Broadcast. To display Effects, Viewers can purchase digital points (“Points”) in quantities and at prices determined by the Company, at its discretion, and use those Points to purchase Effects. We may impose limits or modify limits on the amount of Points that you may purchase or hold at any time. Subject to Section 4.5 (Expiration of Virtual Goods), while a balance of Points may be stored in your IRIAM Account for future use, an Effect can be purchased only with Points during a Broadcast, and the Effect will automatically be used by being displayed in the Broadcast at the moment it is purchased.
B. Diamonds. Broadcasters may receive virtual digital rewards (“Diamonds”) in connection with their Broadcasts, in the Company’s discretion. The amount of Diamonds received by a Broadcaster is not directly correlated to any use of Points or Effects. Notwithstanding the foregoing, a Represented Broadcaster (as defined below) will not receive Diamonds for any Broadcast that occurs during the time their IRIAM Account is linked with an Agency (as defined below). Diamonds may be exchanged for Points or compensation pursuant to the Broadcaster Program Terms.
C. IRIAM Avatars. The Company, at its sole discretion, may offer a Broadcaster an IRIAM-created avatar (“IRIAM Avatar”), which may be subject to additional terms provided at the time of such offer. Unless otherwise agreed by the Company, IRIAM Avatars are provided under a limited, personal, revocable, non-transferable license for use only on the IRIAM Service, and all goodwill generated by the use of an IRIAM Avatar shall inure to the benefit of the Company.
D. General. “Points”, “Effects”, “Diamonds” and “IRIAM Avatars” are hereinafter collectively referred to as “Virtual Goods.” Users can obtain Virtual Goods only in accordance with these Terms and through methods approved by us, which methods the Company will determine from time to time at its discretion. All non-standard transactions between users related to Virtual Goods are prohibited. You understand and agree that, to the extent permitted by law, the Company provides no refunds for any purchases, including for the purchase of any Virtual Goods.
4.2 Not Currency.
Each of the Virtual Goods perform different functions on the IRIAM Service, and each may be subject to their own terms and conditions, as specified in these Terms or otherwise on the IRIAM Service. They also have some things in common. In particular, Virtual Goods are not money and do not entitle any person to any payment. While we may use terms like “buy”, “purchase”, “sell”, “earn”, or “compensation” in reference to some Virtual Goods, such terms are merely for convenience and Virtual Goods may only be used in, and have no “real world” value outside of, the IRIAM Service. For example, once you buy Points, those Points are not correlated to value in fiat currency (e.g., U.S. Dollars), and when you display an Effect on a Broadcaster’s Broadcast, you are not “sending” the Effect to such Broadcaster, but are having us display and register your approval of the referenced User Content or Broadcast. The IRIAM Service may enable you to react to Broadcasters, other users, Broadcasts, or User Content using Effects or Points, but any and all transfers of Virtual Goods between users (including through the transfer of accounts on the IRIAM Service) are expressly prohibited, including any sale or exchange, whether directly or through an intermediary, such as an auction service. Virtual Goods are provided to you for entertainment purposes only, and we grant you a limited, personal, revocable, non-transferable license to use Virtual Goods you obtain or access only on the IRIAM Service. Virtual Goods are not personal property, and, as between you and the Company, the Company owns all right, title, and interest in all Virtual Goods on the IRIAM Service. You may not convert, exchange, or redeem Virtual Goods for any virtual or government-issued currency, except through and in accordance with the Broadcaster Program Terms described below or as required by law.
4.3 No Liability for Virtual Goods.
Prices, availability, exchangeability, and transferability of Virtual Goods are determined by the Company in its sole discretion and are subject to change without prior notice to you. Subject to applicable law and any other written and signed agreement entered into between you and the Company in addition to these Terms, you agree that the Company has the absolute and unrestricted right to manage, restrict, distribute, control, modify, withdraw, cancel, eliminate, change the prices or methods of exchange of, or reduce or limit the supply of Virtual Goods in its sole discretion, and that the Company will have no liability to you or to any third party for exercising any such rights. Under no circumstances will the Company be liable to you for any damages or claims that may arise from the loss of Virtual Goods, regardless of the circumstances. Without limiting anything in this Section, the Company’s liability to you for the loss of any Virtual Goods, or the use or enjoyment thereof, will under no circumstance exceed the replacement of such Virtual Goods, or the provision of alternative Virtual Goods.
4.4 Broadcaster Program Terms.
Broadcasters may be eligible to receive Diamonds in connection with their performance of Broadcasts on the IRIAM Service pursuant to the Broadcaster Program Terms for User (“Broadcaster Program Terms”). Notwithstanding anything contained herein, the Broadcaster Program Terms do not apply to you during any time you are a Represented Broadcaster (as defined below), and when you are a Represented Broadcaster you are not eligible to receive any Diamonds or any other compensation from the Company under these Terms. The Company is the sole decision-maker as to whether and how users may be compensated pursuant to the Broadcaster Program Terms or otherwise. However, you acknowledge that the Company has no control over how users purchase or use the Points or Effects. Broadcaster Program Terms are incorporated by this reference into, and made a part of, these Terms.
4.5 Expiration of Virtual Goods.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY MAY, IN ITS SOLE DISCRETION, AMEND, MODIFY, OR TERMINATE YOUR RIGHT TO VIRTUAL GOODS, INCLUDING TERMINATING YOUR ABILITY TO USE OR REDEEM VIRTUAL GOODS ALREADY ACCRUED, AT ANY TIME. THE ACCUMULATION OF ANY VIRTUAL GOOD IN YOUR IRIAM ACCOUNT DOES NOT ENTITLE YOU TO ANY VESTED RIGHT WITH RESPECT TO ANY SPECIFIC AWARD OR BENEFIT. IN ACCUMULATING VIRTUAL GOODS, YOU MAY NOT RELY UPON THE CONTINUED AVAILABILITY OF ANY VIRTUAL GOOD OR RELATED BENEFIT, AND YOU MAY NOT BE ABLE TO OBTAIN BENEFITS FOR ALL OR ANY VIRTUAL GOODS. All Diamonds in your IRIAM Account, including all rights to such Diamonds, will expire 180 days from the date of acquisition of any Diamond. Points will not expire, except that, notwithstanding any provision of these Terms to the contrary, if the Company terminates your IRIAM Account pursuant to these Terms, your license and rights to all Virtual Goods associated with your IRIAM Account, including Points, will terminate immediately and all Virtual Goods associated with your IRIAM Account and related rights will expire, without compensation of any kind to you, subject to any limitations or obligations under applicable law.
5. Contests and Giveaways
5.1 IRIAM Contests and Giveaways.
The Company may make promotional events such as surprises, offers, discounts, contests, or incentive programs available on the IRIAM Service from time to time (each an “IRIAM Event”). IRIAM Events are void where prohibited or restricted by law or where there are registration or bonding requirements. In order to be eligible, you must meet the eligibility requirements as provided in the relevant event description page (“Event Page”) or on the IRIAM Service. An Event Page may also indicate the applicable start and end date, judging criteria (for contests), and prizes to be awarded to each winner of an IRIAM Event. To the extent permitted by applicable law, the Company reserves the right to modify or cancel any IRIAM Event, in its sole discretion, at any time and without notice, even though such action may affect your ability to win a prize. The Company is not responsible for any typographical error or other error in the description of any IRIAM Event. You agree that you are only eligible to receive prizes from IRIAM Events held in the country in which your IRIAM Account is registered.
5.2 Contests.
All contests on the IRIAM Service are contests of skill and all winners will be selected on an objective basis. Odds of winning depend on the skill and number of people participating. You agree that the Company has the sole right to decide all matters and disputes arising from any contest and that all decisions of the Company related to a contest are final and binding. the Company reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in the Company’s reasonable suspicion, tampers with a contest, the entry or participation process, violates the terms on the Event Page or these Terms, or acts in an unsportsmanlike or disruptive manner.
5.3 Taxes.
You are responsible for all taxes and fees associated with the receipt and use of any prize. The Company has the right to withhold prizes as it believes reasonably necessary for legal compliance, including any tax regulations. You may have to provide a Social Security number or Taxpayer ID or other identification information needed prior to the awarding of any prize.
5.4 Publicity Release.
As a condition of participating in an IRIAM Event, each winner may be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will allow the Company to use the winner’s name, photograph, likeness, your User Avatars, voice, opinions, prize information, and biographical information (“Publicity Rights”) for publicity and promotional purposes without further compensation where permitted by law, in any manner and in any medium now known or hereafter available, throughout the world, for any and all legitimate business purposes of the Company and its parent company including, without limitation, use in advertising or promotional materials, in news stories about the Company and its parent company, in press releases, on the Company’s and its parent company’s publications (internal and external), and on the Company’s and its parent company’s website(s) (internal and external), during and after your participation in contests hosted, managed, or controlled by the Company. Except where prohibited, participation in a contest constitutes your consent to the Company’s and its parent company’s use of your Publicity Rights, hometown, and state for promotional purposes in any media without further payment or consideration. You agree that you shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms and conditions hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of your Publicity Rights. You further waive any right to inspect or approve of any preliminary, draft, beta and/or finished materials used by the Company and/or its parent company in accordance with this provision. All materials produced by or on behalf of the Company and/or its parent company in accordance with this provision and all elements thereof, including all advertising and promotional materials, images, trademarks, phrases, words, writing, dialogue, adlibs, music, titles, or characters therein, but in all cases specifically excluding your Publicity Rights, shall be and remain the absolute and exclusive property of the Company and/or its parent company and you shall have no right, title, or interest, nor claim any, in or to the same.
6. General Payment Terms
6.1 Price.
The Company reserves the right to determine pricing for the IRIAM Service, including pricing for Effects and Points or entry into any IRIAM Event, as applicable. The Company will make reasonable efforts to keep pricing information published on the website or otherwise communicated to you up to date. The Company may change the pricing for any feature of the IRIAM Service, including by adding fees or charges, if the Company gives you advance notice of changes before they apply.
6.2 Authorization.
Before you make any payment on the IRIAM Service, you will have an opportunity to review and accept the amount that you will be charged. To the extent permitted by law, all payments are non-refundable. By clicking to complete a purchase, you authorize us and our payment processors to charge your provided payment method (such as a credit card or debit card) the full amount of such purchase, including any taxes. We may use third-party payment processors to execute such transactions, and all such transactions are subject to the legal terms and privacy policies of our payment processors. If you pay any fees with a credit card, the Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. In order to use a credit card for any payments in connection with the IRIAM Service, you must be at least 18 years old. If you request a chargeback from your issuing bank after having authorized a purchase, and we believe in our sole discretion that you have not disputed the transaction in good faith, your IRIAM Account may be terminated with no recourse.
6.3 Delinquent Accounts.
The Company may suspend or terminate your access to the IRIAM Service, including access to your IRIAM Account and any balance of Points in it, if you owe and have not paid to the Company any amount that you have authorized in accordance with these Terms. In addition, you may be charged fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees, if you are delinquent in making any payment to the Company which you have authorized.
7. Broadcasters; Agencies
7.1 Represented Broadcaster.
As a Broadcaster, you may choose to be represented by an Agency in connection with your Broadcasts by agreeing to link your IRIAM Account with your Agency (“Represented Broadcaster”). Your Agency may be able to edit or control some of your User Content (as defined below) or have access to certain parts of your IRIAM Account, and you may be subject to different terms than those applicable to unrepresented Broadcasters. The Company is not responsible or liable to you for any payment due to you by any Agency. Disputes between you and an Agency are solely between you and that Agency. You consent to our sharing of certain information about your account with the Agency, as further described in the Privacy Policy.
7.2 Acceptance Overview.
You accept these Terms on your own behalf. You represent and warrant to us that you have the authority to enter into these Terms and that you will not be in breach of an agreement with any third party, including any Agency, if applicable.
7.3 Release.
You acknowledge and agree that the Company will be unable to control the activities of Viewers, Broadcasters, or any other user during a Broadcast, or what any user may do with any User Content, footage, music, or other components included in a Broadcast. You release the Company from any claims, causes of action, costs, expenses, damages, and liabilities arising from any action, use, or activity of any third party participating in a Broadcast.
8. Licenses
8.1 Limited License.
Subject to your complete and ongoing compliance with these Terms, the Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the IRIAM Service on a mobile device that you own or control; and (b) access and use the IRIAM Service.
8.2 License Restrictions.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the IRIAM Service; (b) make modifications to the IRIAM Service; (c) interfere with or circumvent any feature of the IRIAM Service, including disabling or circumventing features that prevent or limit use or copying of any content or any security or access control mechanism; or (d) reverse engineer or otherwise attempt to discover the source code of any portion of the IRIAM Service. If you are prohibited under any applicable law, regulation, guidance, direction or codes of practice from using the IRIAM Service, you may not use it.
8.3 Feedback.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the IRIAM Service (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the IRIAM Service and create other products and services.
9. Ownership; Proprietary Rights
The IRIAM Service is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the IRIAM Service (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the IRIAM Service are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.
10. Third-Party Terms
10.1 Third-Party Services and Linked Websites.
We may provide tools through the IRIAM Service that enable you to export information, including User Content (as defined below), to third-party services, including through features that allow you to link your IRIAM Account with an account on the third-party service, such as Twitter. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under the Company’s control, and, to the fullest extent permitted by law, the Company is not responsible for any third-party service’s use of your exported information. The IRIAM Service may also contain links to third-party websites. Linked websites are not under the Company’s control, and the Company is not responsible for their content. For more information about the privacy and information practices of those third parties, we encourage you to read and review the privacy statements of each third-party service that you may choose to use.
10.2 Third-Party Software.
The IRIAM Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the IRIAM Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
11. User Content
11.1 User Content Generally.
“User Content” means any content that you submit, create, webcast, stream, or otherwise transmit (collectively, “Post”) to the IRIAM Service, including audio content (including voice, sound recordings, and musical works, whether embodied in sound recordings or otherwise), comments, messages, photos, video (including all sound recordings and musical works embodied in a video), images, folders, data, text, your name and/or handle, image(s), and likeness, opinions, biographical information, and any other works of authorship published or broadcasted via a Broadcast on the IRIAM Service. “User Content” also includes your User Avatars. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the IRIAM Service.
11.2 Limited License Grant to the Company.
By Posting User Content to or via the IRIAM Service, you grant the Company and its parent company a worldwide, non-exclusive, irrevocable (subject to all applicable laws), royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, animate, create derivative works as authorized in these Terms (including through use of computer graphics and real time motion capture technology), perform, reproduce, modify for the purpose of formatting for display, and distribute, publish, exhibit, digitize, publicly display, alter, edit, manipulate, and otherwise use your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed (including the Internet, billboards, magazines, and in audio visual works, photographs, sound recordings, advertising, promotional, marketing materials and publications and the like), by any means in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Company and its parent company, and their businesses, including in the marketing and advertising of the IRIAM Service, without further compensation where permitted by law. You agree that you shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms and conditions hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the User Content. Furthermore, you irrevocably waive any and all rights to authorship, attribution, anonymity or any other moral rights you may have in the User Content. You further waive any right to inspect or approve of any preliminary, draft, beta and/or finished materials used by the Company and/or its parent company in accordance with these Terms. All Materials produced by or on behalf of the Company and/or its parent company in accordance with these Terms and all elements thereof, including all advertising and promotional materials, but in all cases specifically excluding the User Content shall be and remain the absolute and exclusive property of the Company and/or its parent company. You shall have no right, title, or interest, nor claim any, in or to these Materials, as applicable.
11.3 Limited License Grant to Other Users.
By Posting User Content to or via the IRIAM Service to other users of the IRIAM Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the IRIAM Service.
11.4 Specific Rules for Photographs and Images.
If you Post a photograph or image to the IRIAM Service that includes one or more persons, you grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the IRIAM Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product, good, or service.
11.5 You Must Have Rights to the Content You Post.
You must not Post any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post. This includes any sound recordings and musical works included in User Content. If you are Broadcasting and there is ambient music in your Broadcast to which you do not have a license to use, then you could be subject to a claim of copyright infringement. In particular, please be sure to avoid unauthorized ambient music in any User Content you Post.
11.6 Special Rules for Musical Works and Recording Artists.
If you are a composer or author of a musical work and are either: (a) affiliated with a Performing Rights Organization (“PRO”), such as ASCAP or BMI; or (b) under contract with a record label, then you must notify your PRO or record label of the licenses you grant under these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations and any contractual obligations towards your record label, including if you Post any new recordings that may be claimed by your record label. If you have assigned your rights to a music publisher, then you must obtain the consent of the music publisher to grant the licenses under these Terms or have the music publisher enter into these Terms with us. If you wish to include a cover song in a Broadcast, you are responsible for securing all rights in and to the underlying musical work before you Post it. In addition, if you only own the rights in and to a sound recording or an audiovisual work, but not to the underlying musical works embodied in such sound recording or audiovisual work, then you must not Post such sound recording or audiovisual work to the IRIAM Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to the Company and other users under these Terms.
11.7 User Content Representations and Warranties.
The Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of Posting User Content. By Posting User Content, you affirm, represent, and warrant to us that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize the Company and users of the IRIAM Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 11.7, in the manner contemplated by the Company, the IRIAM Service, and these Terms;
b. your User Content, and the Posting of or use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause the Company to violate any law, regulation, guidance, direction or code of practice issued by a governmental or regulatory body;
c. the Posting of your User Content on the IRIAM Service will not: (i) require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties (and that you will pay any such amounts resulting from your Posting of the User Content); or (ii) result in a breach of contract between you and a third party, including any Agency or PRO; and
d. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate and otherwise complies with our User Guidelines (as defined below).
11.8 User Content Disclaimer.
We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content, including as a result of any of your User Content that is Posted by other users. The Company may, however, at any time and without prior notice, screen, remove, edit, change the Posted location of, or block any User Content that in its sole judgment violates these Terms, is otherwise objectionable, or in the Company’s sole discretion. You understand that, when using the IRIAM Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against the Company with respect to any User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, the Company does not permit copyright-infringing activities nor copying or mimicking of another user’s avatar on the IRIAM Service.
11.9 Monitoring Content.
The Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the IRIAM Service by its users. You acknowledge and agree that the Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the IRIAM Service for operational and other purposes. If at any time the Company chooses to monitor the content, the Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (as defined below).
12. Communications
12.1 Push Notifications.
When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
12.2 Email.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
13. User Guidelines and Prohibited Conduct
13.1 User Guidelines.
At all times while accessing or using the IRIAM Service, you must comply with IRIAM’s User Guidelines (“User Guidelines”), which are a part of these Terms and are hereby incorporated into these Terms of Service for User by this reference.
13.2 Prohibited Conduct.
BY USING THE IRIAM SERVICE, YOU AGREE NOT TO:
a. use the IRIAM Service for any illegal purpose or in violation of any local, state, provincial, federal, national, or international law, regulation, or guidance, direction or code of practice issued by any governmental or regulatory body;
b. interfere with the operation of the IRIAM Service or any user’s enjoyment of the IRIAM Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) collecting personal information about another user or third party without consent or illegally or improperly using such information; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide the IRIAM Service, including by uploading or transmitting content that is excessively burdensome on the IRIAM Service;
c. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials;
d. violate IRIAM’s User Guidelines; or
e. attempt to do any of the acts described in this Section 13 or assist or permit any person in engaging in any of the acts described in this Section 13.
14. Intellectual Property Protection
For information on how to send notices regarding any content on or through the IRIAM Service that you believe may be infringing an intellectual property right you own or control, or how to respond to such notices, please see the Company’s Intellectual Property Infringement Policy here.
15. Modification of Terms
We reserve the right to change these Terms by giving notice of such change by email, posting through the IRIAM Service or otherwise communicating such changes to you. Your continued use of the IRIAM Service after the effective date of the revised Terms constitutes your acceptance of the terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the IRIAM Service. If you do not agree to the modified Terms, you should discontinue your use of the IRIAM Service and terminate your IRIAM Account. Except as expressly permitted in this Section 15, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
16. Term, Termination, and Modification of the IRIAM Service
16.1 Term.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the IRIAM Service, and ending when terminated as described in Sections 16.2 and 16.3.
16.2 Termination.
If you violate any provision of these Terms, your authorization to access the IRIAM Service and these Terms automatically terminate and you will be prohibited from accessing the IRIAM Service going forward. For the purpose of clarity, if you are prohibited from accessing the IRIAM Service in one IRIAM Account, you will be prohibited from accessing the IRIAM Service from any other IRIAM Account you may have. Any other IRIAM Accounts using the same device used by your IRIAM Account that is no longer able to access the IRIAM Service will be deemed to be another IRIAM Accounts registered by you. In addition, the Company may, at its sole discretion, terminate these Terms or your IRIAM Account, or suspend or terminate your access to the IRIAM Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time through the IRIAM mobile application from here.
16.3 Account Termination for Inactivity.
The Company may close your IRIAM Account for inactivity as described in Section 4.5.
16.4 Effect of Termination.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the IRIAM Service; (b) you will no longer be authorized to access your account or the IRIAM Service; (c) you must immediately pay the Company any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 4.5, 5.3, 5.4, 7.3, 8.3, 9, 11.2, 11.3, 11.7, 11.8, and 17 through 21 will survive.
16.5 Modification of the IRIAM Service.
The Company reserves the right to modify or discontinue the IRIAM Service at any time (including by limiting or discontinuing certain features of the IRIAM Service), temporarily or permanently, without notice to you. The Company will have no liability for any change to the IRIAM Service or any suspension or termination of your access to or use of the IRIAM Service.
17. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the IRIAM Service, and you will defend, hold harmless and indemnify the Company, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Company’s Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the IRIAM Service; (b) your violation of any portion of these Terms (including the User Guidelines), any representation, warranty, or agreement referenced in these Terms, or any applicable law, regulation, guidance, direction or code of practice issued by a governmental or regulatory authority; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
18. Disclaimers; No Warranties
18.1 THE IRIAM SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE IRIAM SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE IRIAM SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE IRIAM SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE IRIAM SERVICE OR ANY PORTION OF THE IRIAM SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE IRIAM SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
18.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE IRIAM SERVICE OR THE COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE IRIAM SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY’S ENTITIES OR THE IRIAM SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE IRIAM SERVICE AND YOUR DEALING WITH ANY OTHER USER OF THE IRIAM SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE IRIAM SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE IRIAM SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
18.3 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 18 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Company does not disclaim any warranty or other right that the Company is prohibited from disclaiming under applicable law.
19. Limitation of Liability
19.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY’S ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE IRIAM SERVICE OR ANY MATERIALS OR CONTENT ON THE IRIAM SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY’S ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
19.2 EXCEPT AS PROVIDED IN SECTION 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY’S ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE IRIAM SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE IRIAM SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, AND (B) US$100.
19.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. Dispute Resolution and Arbitration
20.1 Generally.
In the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, and except as described in Section 20.2 and 20.3, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20.2 Exceptions.
Despite the provisions of Section 20.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
20.3 Opt-Out.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending a letter to IRIAM Inc., Attention: Legal Department – Arbitration Opt-Out, Shibuya Scramble Square, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140, Japan that specifies: your full legal name, the email address associated with your IRIAM Account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Company receives your Opt-Out Notice, this Section 20 will be void and any action arising out of these Terms will be resolved as set forth in Section 21.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
20.4 Arbitrator.
Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
20.5 Notice of Arbitration; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by courier service (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Company’s address for Notice is: IRIAM Inc., Shibuya Scramble Square, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140, Japan. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by the Company in settlement of the dispute prior to the award, the Company will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
20.6 Fees.
If you commence arbitration in accordance with these Terms, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county (or parish) and state of your residence, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
20.7 No Class Actions.
YOU AND THE COMPANY AGREE THAT EACH 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, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
20.8 Modifications to this Arbitration Provision.
If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to the Company’s address for Notice of Arbitration, in which case your IRIAM Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
20.9 Enforceability.
If Section 20.7 or the entirety of this Section 20 is found to be unenforceable, or if the Company receives an Opt-Out Notice from you, then the entirety of this Section 20 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 21.2 will govern any action arising out of or related to these Terms.
21. Miscellaneous
21.1 General Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the IRIAM Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
21.2 Governing Law.
These Terms are governed by the laws of California without regard to conflict of law principles. You and the Company submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles, California for resolution of any lawsuit or court proceeding permitted under these Terms.
21.3 Privacy Policy.
Please read the IRIAM PRIVACY POLICY (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information, and electronic communications. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. BY BROADCASTING ON THE IRIAM SERVICE, YOU CONSENT TO OUR COLLECTION, USE, SHARING, AND RETENTION OF YOUR BIOMETRIC DATA AS DESCRIBED IN OUR BIOMETRIC PRIVACY NOTICE IN THE PRIVACY POLICY.
21.4 Additional Terms.
Your use of the IRIAM Service is subject to all additional terms, policies, rules, or guidelines applicable to the IRIAM Service or certain features of the IRIAM Service referenced in these Terms or that we may post on or link to from the IRIAM Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
21.5 Order of Precedence.
Any inconsistency in or conflict with these Terms will be resolved by giving precedence in the following order: (1) the Broadcaster Program Terms; (2) these Terms of Service for User; (3) the User Guidelines; and (4) any Additional Terms (except to the extent any Additional Terms explicitly supersede or amend any terms in the above, in which case the Additional Terms will control).
21.6 Consent to Electronic Communications.
By using the IRIAM Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any legal notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
21.7 Contact Information.
The IRIAM Service is offered by IRIAM Inc., located at Shibuya Scramble Square, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140, Japan. You may contact us by sending correspondence to the address above or by contacting us here.
21.8 Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the IRIAM Service or to receive further information regarding use of the IRIAM Service.
[21.9 Customer Support.
While we are under no obligation to provide support for the IRIAM Service, if you have any questions about or encounter any issues on the IRIAM Service, please refer to the FAQ here].
22. Notice Regarding Apple
This Section 22 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and the Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the IRIAM Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the IRIAM Service. If the IRIAM Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the IRIAM Service. Apple is not responsible for addressing any claims by you or any third party relating to the IRIAM Service or your possession and/or use of the IRIAM Service, including: (1) product liability claims; (2) any claim that the IRIAM Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the IRIAM Service and/or your possession and use of the IRIAM Service infringes a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the IRIAM Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.