1. You may not Submit User Materials:
- That are libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful.
- That infringe the property rights of others (including, without limitation, another person’s copyright or trademark), or violate the privacy or publicity rights of others.
- That violate any law.
2. You may not use the FPRE Sites:
- To conduct any activity that is illegal.
- To harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
- To advertise or sell products or services to others.
- To send unwanted email or “Spam.”
3. You may not transmit software viruses or other code, files or programs designed to interfere with the functionality of the FPRE Sites or the ability of other visitors to use the FPRE Sites as intended, or interfere in any other way with the use and enjoyment of other visitors to the FPRE Sites.
4. You may not crawl, scrape or cache any content from the FPRE Sites, including personal information or User Materials, or collect or store any personal information of other users without their express permission.
5. You may not exploit the FPRE Sites in any unauthorized way, including but not limited to, by trespass or burdening network capacity
1. These Terms of Use are between you and Foundation for PIHMA Research & Education, not Apple, and Foundation for PIHMA Research & Education is solely responsible for:
- The Licensed Application and its content.
- All maintenance and support of the Licensed Application. Apple has no obligation whatsoever to furnish any such services.
- The investigation, defense, settlement and discharge of any claim made by a third party that the Licensed Application or an end-user’s possession and use of the Licensed Application infringes that third party’s intellectual property rights.
2. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple and Apple will refund the purchase price for the Licensed Application to that end-user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use and any law applicable to Foundation for PIHMA Research & Education as owner and distributor of the software.
3. Foundation for PIHMA Research & Education, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-users possession and/or use of the Licensed Application, including, but not limited to, any (i) product liability claims; (ii) claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
4. Your use of the Licensed Application must comply with the App Store Terms of Service.
5. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against any end-user as a third party beneficiary thereof.
6. You will comply with any applicable third-party terms of agreement – such as the wireless data service agreement — when using the Licensed Application.