Last Updated: June 23, 2016
1. USING OUR APP AND SERVICES
1.2 App License. Subject to Your compliance with the Terms, Atom Tickets grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a copy of the App on a single mobile device or computer that You own or control and to run the copy of the App solely for Your own personal or internal business purposes.
1.3 Protection of the Services and Atom Tickets Properties. The Atom Tickets Properties are protected by copyright laws throughout the world. Subject to the Terms, Atom Tickets grants You a limited license to reproduce portions of the Atom Tickets Properties for the sole purpose of using the Services for Your personal or internal business purposes. Unless otherwise specified by Atom Tickets in a separate license, Your right to use any Atom Tickets Properties is subject to the Terms and is limited to personal, non-commercial purposes only.
1.4 SMS Messages. Our Services include communication by text message and, by signing up for Our Services, You expressly consent to receiving text messages from Us and other communications with You via Your mobile device. We do not charge for these messages. However, Your carrier's standard messaging, data, and other rates and fees still apply to any messages You send, Our confirmations, and all subsequent SMS correspondence and/or transmissions. All charges are billed by and payable to Your mobile service provider. At any time, in response to a text message from Us, You may text STOP to cancel or HELP for customer support information. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from Your mobile service operator.
1.5 Media Uploads. Certain features of the Services require access to and use of Your mobile device's contacts, and media storage applications (such as using a photo in Your image gallery). Although You may decide whether or not to use these features, on Android devices You grant Us permission to access these components as part of the installation process. If You later decide to revoke this permission, You can do so by following the standard uninstall process and removing the Application from Your device. Alternatively, on iOS devices, You can grant or revoke Your consent at any time and prevent Us from continuing to access these components by changing the settings on Your device. You hereby authorize the App to access such components of Your mobile device.
1.6 Location-Based Information. When You use Our Services on a mobile device, We may also collect location information from the GPS functionality on Your device. You hereby authorize the App and Our Services to access this data. You can grant or revoke Your consent at any time and prevent Us from continuing to access Your GPS information by changing the settings on Your device.
1.8 Updates. You understand that the Atom Tickets Properties are evolving. As a result, Atom Tickets may require You to accept updates to the Atom Tickets Properties that You have installed on Your computer or mobile device. You acknowledge and agree that Atom Tickets may update the Atom Tickets Properties with or without notifying You. You may need to update third-party software from time to time in order to use the Atom Tickets Properties.
1.9 Certain Restrictions. The rights granted to You in the Terms are subject to the following restrictions: (1) You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Atom Tickets Properties or any portion of the Atom Tickets Properties, (2) You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Atom Tickets Properties (including images, text, page layout or form) of Atom Tickets; (3) You shall not use any metatags or other “hidden text” using Atom Tickets’ name or trademarks; (4) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Atom Tickets Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (5) You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that We grant the operators of public search engines revocable permission to use spiders to copy materials from the Services solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (6) access the Atom Tickets Properties in order to build a similar or competitive website, application, or services; (7) except as expressly stated herein, no part of the Atom Tickets Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (8) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Atom Tickets Properties. Any future release, update, or other addition to the Atom Tickets Properties shall be subject to the Terms. Atom Tickets and its suppliers and service providers reserve all rights not granted in the Terms. If You engage in any unauthorized use of the Atom Tickets Properties, Atom Tickets, in its sole discretion, may terminate Your Account (as defined in the Registration section below).
1.10 Third-Party Materials. As a part of the Atom Tickets Properties, You may have access to materials that are hosted by another party. You agree that it is impossible for Atom Tickets to monitor such materials and that You access these materials at Your own risk.
2.1 Registering Your Account. In order to access certain features of the Atom Tickets Properties, You may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account with Atom Tickets (“Account”) or has a valid account on a social networking service (“SNS”) through which he or she connects to the Services and becomes a Registered User (each such account, a “Third-Party Account”).
2.3 Registration Data. In registering for the Services, You agree to (1) provide true, accurate, current, and complete information about Yourself as prompted by the Services registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that You are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Atom Tickets Properties under the laws of the United States, Your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under Your Account. You agree that You shall monitor Your Account to restrict use by minors, and You will accept full responsibility for any unauthorized use of the Atom Tickets Properties by minors. You may not share Your Account or password with anyone, and You agree to (1) notify Atom Tickets immediately of any unauthorized use of Your password or any other breach of security; and (2) exit from Your Account at the end of each session. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Atom Tickets has reasonable grounds to suspect that information You provide is untrue, inaccurate, not current, or incomplete, Atom Tickets has the right to suspend or terminate Your Account and refuse any and all current or future use of the Atom Tickets Properties. You agree not to create an Account using a false identity or information, or on behalf of someone other than Yourself. You agree that You shall not have more than one Account per platform or SNS at any given time. Atom Tickets reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Atom Tickets Properties if You have been previously removed by Atom Tickets, or if You have been previously banned from any of the Atom Tickets Properties.
2.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Atom Tickets Properties, including but not limited to, a mobile device that is suitable to connect with and use the Atom Tickets Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that You incur when accessing the Atom Tickets Properties.
3. RESPONSIBILITY FOR CONTENT
3.1 Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials (“Content”) accessible through the Atom Tickets Properties is the sole responsibility of the party from whom such Content originated. This means that You, and not Atom Tickets, are entirely responsible for all Content that You upload, post, e-mail, transmit, or otherwise make available (“Make Available”) through the Atom Tickets Properties (“Your Content”). Also, other Users of the Atom Tickets Properties, and not Atom Tickets, are similarly responsible for all Content they Make Available through the Atom Tickets Properties (“User Content”). Your Content includes Content from a third party that You Make Available on the Atom Tickets Properties. Make sure You have the right to add Content before You put that Content on Our Services. Unless otherwise specified in the Terms, all SNS Content shall be considered to be Your Content for all purposes of the Terms.
3.4 Storage. Unless expressly agreed to by Atom Tickets in writing elsewhere, Atom Tickets has no obligation to store any of Your Content that You Make Available on the Atom Tickets Properties. Atom Tickets has no responsibility or liability for (1) the deletion or accuracy of any Content, including Your Content; (2) the failure to store, transmit, or receive transmission of Content; or (3) the security, privacy, storage, or transmission of other communications originating with or involving use of the Atom Tickets Properties. You agree that Atom Tickets has the right to create reasonable limits on Atom Tickets’ use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Atom Tickets in its sole discretion.
3.5 Your Content. In connection with Your use of the Atom Tickets Properties, You shall not Make Available any Content that: (1) You do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (2) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary or contractual rights; (3) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically, or otherwise objectionable; (4) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (5) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (6) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (7) promotes illegal or harmful activities.
4.1 Atom Tickets Properties. Except with respect to Your Content and User Content, You agree that Atom Tickets and its suppliers own all rights, title, and interest in the Atom Tickets Properties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, or the Atom Tickets Properties.
4.2 Trademarks. Atom Tickets and other related graphics, logos, service marks, and trade names used on or in connection with the Atom Tickets Properties or Services are the trademarks of Atom Tickets and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Atom Tickets Properties are the property of their respective owners.
4.3 Other Content. Except with respect to Your Content, You agree that You have no right or title in or to any Content that appears on or in the Atom Tickets Properties.
4.5 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Atom Tickets Properties, You hereby expressly permit Atom Tickets to identify You by Your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.
4.6 Your Account. Notwithstanding anything to the contrary herein, You acknowledge and agree that You shall have no ownership or other property interest in Your Account. You further acknowledge and agree that all rights in and to Your Account are and shall forever be owned by and inure to the benefit of Atom Tickets.
4.7 Your Profile. Any Content posted by You in your profile may not contain nudity, violence, or sexually explicit or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
4.8 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Atom Tickets through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at Your own risk and that Atom Tickets has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that You have all rights necessary to submit the Feedback. You hereby grant to Atom Tickets a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Atom Tickets Properties.
5. USER CONDUCT
5.1 Commercial Activities. You agree that You will not, under any circumstances (except to the extent expressly authorized by the Terms):
(a) Reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose any portion of the Atom Tickets Properties (including Your Account), or access to or use of the Atom Tickets Properties;
(b) Engage in, upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized messages, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(c) Use the Atom Tickets Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; or
(d) Market any goods or services for any business purposes.
5.2 Unauthorized Use or Access. You agree that You will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of the Atom Tickets Properties or connect to or use the Atom Tickets Properties in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from the Atom Tickets Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror, or frame the Atom Tickets Properties, or any individual element within the Atom Tickets Properties, Atom Tickets’ name, any Atom Tickets trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Atom Tickets’ express written consent;
(d) Use any unauthorized software that accesses, intercepts, “mines,” or otherwise collects information from or through the Atom Tickets Properties or that is in transit from or to the Atom Tickets Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Atom Tickets Properties;
(e) Intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server, or the Atom Tickets Properties, whether through the use of a network analyzer, packet sniffer, or other device;
(f) Make any automated use of the Atom Tickets Properties, or take any action that imposes or may impose (in Atom Tickets sole discretion) an unreasonable or disproportionately large load on the infrastructure for the Atom Tickets Properties;
(g) Bypass any robot exclusion headers or other measures Atom Tickets takes to restrict access to the Atom Tickets Properties, or use any software, technology or device to send content or messages, scrape, spider, or crawl the Atom Tickets Properties, or harvest or manipulate data;
(h) Use, facilitate, create, or maintain any unauthorized connection to the Atom Tickets Properties, including, but not limited to: (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Atom Tickets Properties; or (2) any connection using programs, tools, or software not expressly approved by Atom Tickets;
(i) Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Atom Tickets Properties, or to obtain any information from the Atom Tickets Properties;
(j) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Atom Tickets Properties;
(k) Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(l) Solicit or attempt to solicit personal information from other users of the Atom Tickets Properties;
(m) Use the Atom Tickets Properties to collect, harvest, transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
(n) Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Atom Tickets Properties to send altered, deceptive, or false source-identifying information; or
(o) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms,” or “pcms”).
5.3 General. In connection with Your use of the Atom Tickets Properties, You shall not:
(a) Harm minors in any way;
(b) Impersonate any person or entity, including, but not limited to, Atom Tickets personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or any order of a court;
(d) Register for more than one Account or register for an Account on behalf of an individual other than Yourself;
(e) Stalk or otherwise harass any other user of the Atom Tickets Properties; or
(f) Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.
5.4 Investigations. Atom Tickets may, but is not obligated to, monitor or review the Atom Tickets Properties and Content at any time. Without limiting the foregoing, Atom Tickets shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Atom Tickets does not generally monitor Content or user activity occurring in connection with the Atom Tickets Properties, if Atom Tickets becomes aware of any possible violations by You of any provision of the Terms, Atom Tickets reserves the right to investigate such violations. And, Atom Tickets may, at its sole discretion, immediately terminate Your Account, or change, alter, or remove Your Content, in whole or in part, without prior notice to You. As a result of any investigation, We may label Your Content as having possibly sensitive content and include a warning message with such Content.
6. INTERACTIONS WITH OTHER USERS
6.1 User Responsibility. You are solely responsible for Your interactions with other users of the Services and any other parties with whom You interact through the Services, including Your attendance at any Events. Atom Tickets, however, reserves the right, but has no obligation, to intercede in any disputes that arise from such interactions. You agree that Atom Tickets will not be responsible for any liability incurred as the result of such interactions.
6.2 Your Content. Atom Tickets is not responsible for and does not control how other users use Your Content once exported or downloaded from the Atom Tickets Properties. Any such use of Your Content by such other users (including any modification or derivative works thereof) is not subject to Our Terms. Atom Tickets has no way to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to the use of Your Content. You provide Your Content at Your own risk.
6.3 Content Provided by Other Users. The Atom Tickets Properties may contain User Content provided by other users. Atom Tickets is not responsible for and does not control User Content. Atom Tickets has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. We may delete User Content in Our discretion.
7. THIRD-PARTY SERVICES
The Atom Tickets Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites and Ads”). When You click on a link to a Third-Party Website or Ad, We will not warn You that You have left the Atom Tickets Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of Atom Tickets. Atom Tickets is not responsible for any Third-Party Websites and Ads. Atom Tickets provides these Third-Party Websites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites and Ads, or their products or services. You use all links in Third-Party Websites and Ads at Your own risk. When You leave Our Services, Our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites.
8.1 Payment. You agree to pay any fees or charges to Your Account, including any Ticket and Concession purchases and related taxes, in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Additional terms regarding the purchasing of Tickets and Concessions are set forth in Our Purchase Terms. We use a third party payment provider to process purchases (“Payment Provider”). Your Payment Provider agreement governs Your use of the designated credit card or PayPal account, and You must refer to that agreement and not the Terms to determine Your rights and liabilities. You agree that We are authorized to immediately invoice Your Account for all fees and charges due and payable to Atom Tickets hereunder and that no additional notice or consent is required. We reserve the right at any time to change Our prices and billing methods, either immediately upon posting on the Atom Tickets Properties or by e-mail delivery to You. All fees are non-refundable.
8.2 Other Promotions. We may run promotional offers from time to time on the Services or App. The terms of any such promotion will be posted on the Services or App. Unless otherwise indicated, We may establish and modify, in Our sole discretion, the terms and the end of such offer at any point.
Except where prohibited by law, You agree to indemnify and hold Atom Tickets, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Atom Tickets Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (1) Your Content; (2) Your use of, or inability to use, any Tickets or Concessions (including Your attendance at any Event); (3) Your violation of the Terms; (4) Your violation of any rights of another party; or (5) Your violation of any applicable laws, rules, or regulations. Atom Tickets reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Atom Tickets in asserting any available defenses. You agree that the provisions in this section will survive any termination of Your Account, the Terms, or Your access to the Atom Tickets Properties.
10. DISCLAIMER OF WARRANTIES
10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ATOM TICKETS PROPERTIES IS AT YOUR SOLE RISK, AND THE ATOM TICKETS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATOM TICKETS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(a) ATOM TICKETS PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE ATOM TICKETS PROPERTIES OR EVENTS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE ATOM TICKETS PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ATOM TICKETS PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ATOM TICKETS PROPERTIES WILL BE CORRECTED.
(b) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ATOM TICKETS PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ATOM TICKETS PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ATOM TICKETS MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ATOM TICKETS OR THROUGH THE ATOM TICKETS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) From time to time, Atom Tickets may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Atom Tickets sole discretion. The provisions of this section apply with full force to such features or tools.
10.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE ATOM TICKETS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ATOM TICKETS PARTIES LIABLE, FOR ANY EVENTS OR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR EVENTS RESTS ENTIRELY WITH YOU.
10.3 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ATOM TICKETS PROPERTIES AND YOUR ATTENDANCE AT ANY EVENTS.
11. LIMITATION OF LIABILITY
11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ATOM TICKETS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ATOM TICKETS PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ATOM TICKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE ATOM TICKETS PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE ATOM TICKETS PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ATOM TICKETS PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ATOM TICKETS PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE ATOM TICKETS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
11.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE ATOM TICKETS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY ATOM TICKETS FROM YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID ATOM TICKETS ANY AMOUNTS IN SUCH PERIOD, THE ATOM TICKETS PARTIES’ SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
11.3 User Content. THE ATOM TICKETS PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ATOM TICKETS AND YOU.
11.5 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Atom Tickets may, in its sole discretion, suspend or terminate the Account or refuse any and all current or future use of the Atom Tickets Properties of any user who repeatedly infringes copyright upon prompt notification to Atom Tickets by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Atom Tickets Properties in a way that constitutes copyright infringement, please provide Our Copyright Agent at the contact information provided below with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed; (3) a description of the location on the Atom Tickets Properties of the material that You claim is infringing; (4) Your address, telephone number, and e-mail address; (5) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Atom Tickets’ Copyright Agent for notice of claims of copyright infringement is as follows: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, Attn: Copyright Agent, firstname.lastname@example.org.
13. TERMS AND TERMINATION
13.1 Terms. The Terms commence on the date when You accept them (as described in the preamble above) and remain in full force and effect while You use the Atom Tickets Properties, unless terminated earlier in accordance with the Terms.
13.2 Prior Use. Notwithstanding the foregoing, if You used the Atom Tickets Properties prior to the date You accepted the Terms, You hereby acknowledge and agree that the Terms commenced on the date You first used the Atom Tickets Properties (whichever is earlier).
13.3 Termination of Services by Atom Tickets. Atom Tickets has the right to modify, suspend, or terminate any Services provided to You at any time with or without cause. You agree that all terminations for cause shall be made in Atom Tickets sole discretion.
13.4 Termination of Services by You. If You want to terminate the Services provided by Atom Tickets, You may do so by notifying Atom Tickets at any time. Your notice should be sent, in writing, to Atom Tickets' address as follows: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404.
13.5 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services or of Your Account also includes deletion of Your password and all related information, files, and Content associated with or inside Your Account (or any part thereof), including Your Content. Upon termination of any Service, Your right to use such Service will automatically terminate immediately. You understand that any termination of Services or of Your Account may involve deletion of Your Content associated therewith from Our live databases. Atom Tickets will not have any liability whatsoever to You for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
14.1 Violations. If Atom Tickets becomes aware of any possible violations by You of the Terms, Atom Tickets reserves the right to investigate such violations. If, as a result of the investigation, Atom Tickets believes that criminal activity has occurred, Atom Tickets reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Atom Tickets is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Atom Tickets Properties, including Your Content, or otherwise in Atom Tickets’ possession in connection with Your use of the Atom Tickets Properties (1) in connection with any legal investigation; (2) to comply with applicable laws, legal processes, or governmental requests; (3) to enforce the Terms; (4) to respond to any claims that Your Content violates the rights of third parties; (5) to respond to Your requests for customer service; or (6) to protect the rights, property, or personal safety of Atom Tickets, its users, or the public, and all enforcement or other government officials, as Atom Tickets in its sole discretion believes to be necessary or appropriate.
14.2 Breach. In the event that Atom Tickets determines, in its sole discretion, that You have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Atom Tickets Properties, Atom Tickets reserves the right to:
(a) Warn You via e-mail (to any e-mail address You have provided to Atom Tickets) that You have violated the Terms;
(b) Delete any of Your Content provided by You or Your agent(s) to the Atom Tickets Properties;
(c) Discontinue Your registration(s) with any of the Atom Tickets Properties, including any Services;
(d) Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(e) Pursue any other action that Atom Tickets deems to be appropriate.
14.3 No Subsequent Registration. If Your registration(s) with or ability to access the Atom Tickets Properties or Services is discontinued by Atom Tickets due to Your violation of any portion of the Terms or for conduct that is otherwise inappropriate, then You agree that You shall not attempt to re-register with or access the Atom Tickets Properties through use of a different member name or otherwise. You also acknowledge that You will not be entitled to receive a refund for fees related to those Atom Tickets Properties to which Your access has been terminated. In the event that You engage in such conduct, Atom Tickets reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to You.
15. GENERAL PROVISIONS
15.1 Electronic Communications. The communications between You and Atom Tickets use electronic means. For contractual purposes, You (1) consent to receive communications from Atom Tickets in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Atom Tickets provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.
15.2 Release. You hereby release Atom Tickets Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Your use of the Atom Tickets Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or Your use of the Atom Tickets Properties. If You are a California resident, You hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
15.3 Assignment. The Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Atom Tickets prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
15.4 Force Majeure. Atom Tickets shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.5 Compliance. If You believe that Atom Tickets has not adhered to the Terms, please contact Atom Tickets by emailing Us at email@example.com. We will do Our best to address Your concerns. If You feel that Your complaint has not been adequately addressed, We invite You to let Us know, and We will investigate further.
15.6 Limitations Period. YOU AND ATOM TICKETS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE ATOM TICKETS PROPERTIES, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.7 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section* (“Arbitration Agreement”) *carefully. It is part of Your contract with Atom Tickets and affects Your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER, except where prohibited by law.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Atom Tickets Properties or Services that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to You and Atom Tickets, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Atom Tickets should be sent to: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, Attention: Legal. After the Notice is received, You and Atom Tickets may attempt to resolve the claim or dispute informally. If You and Atom Tickets do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of Your residence, unless You reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
(e) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and Atom Tickets, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Atom Tickets.
(f) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. In the event any litigation should arise between You and Atom Tickets in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ATOM TICKETS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(g) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(h) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
(i) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(j) Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Atom Tickets.
(k) Small Claims Court. Notwithstanding the foregoing, either You or Atom Tickets may bring an individual action in small claims court.
(l) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(m) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in California, for such purpose.
15.8 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
15.9 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
15.10 Notice. Where Atom Tickets requires that You provide an e-mail address, You are responsible for providing Atom Tickets with Your most current e-mail address. In the event that the last e-mail address You provided to Atom Tickets is not valid, or for any reason is not capable of delivering to You any notices required/permitted by the Terms, Atom Tickets’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Atom Tickets at the following address: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, Attention: Legal, or firstname.lastname@example.org. Such notice shall be deemed given when received by Atom Tickets by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address or by email, at the time it was sent.
15.11 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.12 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
15.13 Export Control. You may not use, export, import, or transfer the Atom Tickets Properties except as authorized by U.S. law, the laws of the jurisdiction in which You became a Registered User, and any other applicable laws. In particular, but without limitation, the Atom Tickets Properties may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Atom Tickets Properties, You represent and warrant that (1) 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 (2) You are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Atom Tickets Properties for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, or chemical or biological weapons. You acknowledge and agree that products, services, or technology provided by Atom Tickets are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Atom Tickets products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
15.14 Consumer Complaints. In accordance with California Civil Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15.15 Entire Agreement. The Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
16. INTERNATIONAL PROVISIONS
16.1 General. The Atom Tickets Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in Your country. These references do not imply that Atom Tickets intends to announce such Services or Content in Your country. The Atom Tickets Properties are controlled and offered by Atom Tickets from its facilities in the United States of America. Atom Tickets makes no representations that the Atom Tickets Properties are appropriate or available for use in other locations. Those who access or use the Atom Tickets Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16.2 United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 – an Act of the Parliament of the United Kingdom – to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
16.3 Germany. Notwithstanding anything to the contrary in the above Limitation of Liability section, Atom Tickets is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (or, in German, vertragswesentliche Pflichten).
17. APP STORE
17.1 General. You acknowledge and agree that the availability of the App and the Services is dependent on the third party app store operator from whom You received the App (“App Store”). In order to use the App, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Atom Tickets Properties. You agree to comply with, and Your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (such as the App Store’s terms and policies) when using the Atom Tickets Properties, including the App. Furthermore, with respect to any App accessed through or downloaded from Apple’s App Store, You will only use the App Store Sourced App (1) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (2) as permitted by the “Usage Rules” set forth in the Apple’s App Store Terms of Service. In addition, if You are using an App from an App Store, to the extent the other provisions of these Terms are less restrictive than, or otherwise conflict with, the provisions of this Section, the more restrictive or conflicting provisions in this Section apply, but solely with respect to Apps from the App Store.
17.2 Acknowledgement. Atom Tickets and You acknowledge that this Agreement is concluded between Atom Tickets and You only, and not with the App Store, and Atom Tickets, not the App Store, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting App Store term applies.
17.3 Scope of License. The license granted to You for the App is limited to a non-transferable license to use the App on the iOS device that You own or control and as permitted by the Usage Rules.
17.4 Maintenance and Support. Atom Tickets is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. Atom Tickets and You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
17.5 Warranty. Atom Tickets is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, You may notify the App Store, and the App Store may refund the purchase price of the App to You; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Atom Tickets’ sole responsibility.
17.6 Product Claims. Atom Tickets and You acknowledge that the App Store is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. This Agreement does not limit Atom Tickets’ liability to You beyond what is permitted by applicable law.
17.7 Intellectual Property Rights. Atom Tickets and You acknowledge that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Atom Tickets, not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
17.8 Legal Compliance. You represent and warrant that (1) 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 (2) You are not listed on any U.S. Government list of prohibited or restricted parties.
17.9 Developer Name and Address. Atom Tickets’ contact information for any end-user questions, complaints, or claims with respect to the App is: Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, Attention: Legal.
17.10 Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App.
17.11 Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.