1. Use of the Services

a. Eligibility and Agreement

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. We offer several methods for users to indicate their agreement, including (i) by downloading our Application, (ii) by checking the applicable box(es) and clicking the applicable button(s) to indicate that you agree to these Terms in the account registration form for our Site and our Application, and/or (iii) or by otherwise using or accessing the Services in any way. If you do not agree with any part of these Terms, then you may not access or use the Services.

You must be over the age of majority in your province, territory, or country to use the Services. Your mobile device may also be required to satisfy certain system specifications to access or use our Application. Specifications and requirements may vary depending on the source that you used to download the Application. For more information, please review the information provided in your downloading platform.

Users who download the Application through Google Play must also comply with certain terms required by the Google Play App Store, which are set out in Section 19. Users who download the Application through the Apple App Store must also comply with certain terms required by the Apple App Store, which are set out in Section 20.

2. Modifications of the Terms or the Services

We may make changes to these Terms, or any of our Policies or practices at any time with or without specific notice to you other than by our posting such changed or updated Terms on this page. Any modifications that we make are effective immediately upon posting. The most recent date of revision of these Terms is indicated at the top of this page. You are responsible for reading these Terms whenever you access the Services so that you are aware of any modifications. From time to time, we may also notify you of changes or updates to the Terms using other methods such as pop-up, push notifications within the Services, or email. By continuing to use the Services after modifications have been posted, you are agreeing to abide by such amendments to the Terms. If you do not agree to these Terms, your only recourse is to immediately cease your use of the Services.

We also reserve the right to change, modify, or discontinue any portion of the Services without notice, on a temporary or permanent basis, and you agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

3. Updates to the Services

From time to time, we may (at our sole discretion) develop and provide updates for the Site and/or the Application. Our updates may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. All Updates will be deemed part of the Services and be subject to these Terms.

You acknowledge and agree that we have no obligation to provide any Updates or to continue to provide or enable any specific features or functionality for the Services. If you download and use the Application, you also agree that you are solely responsible for downloading and promptly installing all Updates for the Application (which includes ensuring that Updates to the Application are not disabled or otherwise prohibited by your device settings). Using any version of the Application which does not include all relevant Updates made available to you may not be secure, may malfunction, or may function improperly.

4. RecipeShare Membership

a. Account Security

You may be required to create a user account to access and/or use certain parts or features of our Services. By creating an account for our Services, you agree to provide an accurate email address where we can contact you, and to otherwise keep your information up to date. You may not register or use more than one account on the Services, and may not use anyone else's account at any time without their express permission.

You are solely responsible for maintaining the confidentiality of your account and password, and for all activities occurring under your account. You agree to let us know if you learn of any unauthorized access to your account. We are not responsible for any unauthorized access to your account and/or any consequences that come from your failure to keep your account information confidential.

b. Communications; Authorization to Send Marketing E-mails

Users who register for an account will receive access to certain sections, features and functions of the Services that are not available to unregistered users, such as the ability to post on the Services. By creating an account for our Services, you also authorize us to contact you with special offers, marketing, surveys, and administrative, maintenance, and other e-mails related to the Services. If you don’t want to receive certain (emails or notifications from us, you can follow the opt-out instructions included in our emails. Note that you will not be able to opt out of emails or notifications for important notices (such as notices regarding your account or relating to maintenance or administration of the Services).

c. Termination

We reserve the right to restrict or suspend your account and/or your access to the Services at any time and for any reason. For example, we may suspend or terminate your access if we reasonably suspect that your use of the Services breaches these Terms, or the information provided in connection with your account is false, inaccurate, not current, or incomplete. We also reserve the right to take reasonable steps to ensure the security of the Services and your account as we deem advisable.

If we terminate your access to the Services, you may not create or obtain a new account for the Services or otherwise access or use the Services without our permission.

5. Subscriptions

5.1 Subscription Billing Authorization. Access to the Application may be made available to you on a paid monthly subscription basis (“Subscription”). BY PROVIDING YOUR AUTHORIZED PAYMENT METHOD AND ELECTING TO PURCHASE A SUBSCRIPTION, YOU AUTHORIZE APPLE, OR GOOGLE (OR THEIR RESPECTIVE THIRD-PARTY PAYMENT PROCESSORS), AS APPLICABLE, TO CHARGE YOUR AUTHORIZED PAYMENT METHOD FOR THE APPLICABLE MONTHLY SUBSCRIPTION FEES AND ANY APPLICABLE TAXES, INCLUDING ANY RECURRING FEES. PLEASE SEE SECTION 5.2 FOR INFORMATION ABOUT RECURRING FEES.

5.2 Billing Date; Subscription Term; Automatic Renewal of Subscription Term. The day you purchase a Subscription is the first day of your billing cycle (“Billing Date”). Your Authorized Payment Method will be charged for the applicable monthly Subscription Fee on the Billing Date, and on or about each monthly anniversary thereafter, unless you cancel your subscription in the manner described in Section 4.5 below. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY PURCHASING A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL CONTINUE FOR A PERIOD OF ONE MONTH (THE “SUBSCRIPTION TERM“). YOU FURTHER AGREE THAT AT THE END OF EACH SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUBCRIPTION TERM OF EQUAL DURATION UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 5.5 BELOW.

5.3 Automatic Recurring Fees. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNLESS YOU CANCEL YOUR SUBCRIPTION PRIOR TO THE END OF YOUR CURRENT SUBSCRIPTION TERM, THEN FOR EACH RENEWAL SUBSCRIPTION TERM, YOUR AUTHORIZED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE SUBSCRIPTION FEE RATE IN EFFECT AT THE TIME OF SUCH RENEWAL, PLUS ANY APPLICABLE TAXES, ON OR ABOUT THE MONTHLY ANNIVERSARY YOUR BILLING DATE; PROVIDED THAT IF THE MONTHLY SUBSCRIPTION FEE THEN IN EFFECT IS HIGHER THAN THE MONTHLY SUBSCRIPTION FEE PAID BY YOU FOR THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM, WE WILL PROVIDE YOU NOTICE OF THE NEW FEE PRIOR TO THE TIME OF THE RENEWAL.

5.4 Subscription Cancellation. You can cancel your Subscription prior to the next scheduled renewal date of your Subscription by using the cancellation mechanism provided within your account settings in the Apple App Store or Google Play Store, as applicable. For subscriptions purchased through the App Store, please see Apple’s support page https://support.apple.com/en-gb/HT202039. For subscriptions purchased through the Play Store, please see Google Play’s support page https://support.google.com/googleplay/answer/7018481?hl=en-GB&co=GENIE.Platform%3DAndroid. If you cancel your Subscription, you may continue to use the Application until the end of your then-current Subscription Term, after which your ability to access and use the Application shall terminate. If you cancel your Subscription, then unless required by applicable law, you will not be eligible for a refund of any portion of the Subscription Fee paid for the then-current Subscription Term. UNINSTALLING THE APPLICATION DOES NOT AUTOMATICALLY CANCEL YOUR SUBSCRIPTION.

6. Content Policy

a. Content Provided Through the Services

The Services provide certain functions or features which allow you to submit information or materials to the Services. As such, the Services include a combination of content that we, you, and third parties own or create. Examples of content include, without limitation, written posts, photographs, graphics, images, illustrations, logos, and/or sound or video clips (collectively, “Content”).

You agree that, except for the information used to create your account, you will not submit any Content to the Services in which you have any expectation of privacy. Any Content that you provide which qualifies as personal data and/or personal information will be processed in accordance with our Privacy Policy. Apart from your own Content, you may not copy, imitate, or otherwise use any Content from our Services in any way without the prior written permission of the Content’s owner.

b. Our Responsibilities Regarding Content

We do not systematically review any user-submitted Content. You acknowledge and agree that we are not responsible for Content provided by you or by a third party, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, and/or quality of such Content. Content submitted by you or by a third party, and any links provided thereto, are provided solely as a convenience to you, and you access and use them entirely at your own risk.

Notwithstanding the foregoing, we reserve the right, in our sole discretion, to refuse to post, to remove, and/or to change any Content you submit to or through the Services, and to restrict, suspend, or terminate your access to all or any part of the Services based on your submission of Content. Restriction, suspension, or termination may take place with or without prior notice to you.

c. Your License to Us

We do not obtain any ownership rights in Content that you submit. by submitting Content to the Services, however, you grant us a non-exclusive, worldwide, sublicensable, royalty-free license to use the Content you submit, or any portion thereof, without the requirement of any permission from or payment to you or to any other person or entity, in any manner relating to the Services (including, without limitation, rights to use, store, display, publish, reproduce, distribute, and modify your Content for commercial, publicity, trade, promotional, or advertising purposes). You acknowledge that we may, directly or indirectly, commercially benefit from use of your Content.

Except for the foregoing license, and as otherwise specified herein, you retain all rights to the Content that you create and post to the Services, including your profile information, posts, comments, and others. You may delete your Content at any time, subject to the limitations specified in our Privacy Policy.

You are solely responsible for the Content you submit, and assume all risks and liability related to it. For all such Content, you represent and warrant to us that you own the Content or have the right to submit it and to grant the license granted by you to us in these Terms, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.

d. Our License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services in accordance with these Terms. You are prohibited from any other kind of access or use. All rights and licenses not expressly granted to you by us in these Terms are reserved.

Except for Content that belongs to you, we retain all ownership of and/or applicable rights to our Services and all Content made available to you through the Services. Trademarks and service marks of the Services, including “QOLLEQT” and “RECIPESHARE”, may not be copied, reproduced, or otherwise used without the prior written authorization from us.

e. Feedback

We welcome hearing from our users on ways to improve the Services. Any comments, suggestions, or ideas about the Services that you choose to provide to us (collectively, “Feedback”) will be treated as non-proprietary and non-confidential. By submitting such Feedback to us, you agree that we have the right to use the Feedback in any manner as we see fit (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, without notice, restriction or compensation to you.

f. Notifications of Copyright Infringement

We respect the copyright interests of others, and we require our users to comply with all laws applicable to their use of the Services. It is our policy to remove alleged infringing Content and take other actions as we deem appropriate with respect to posters of infringing Content.

If you feel that any Content is infringing under the U.S. Digital Millennium Copyright Act of 1998 (the “DMCA”), we encourage you to contact our designated agent at the following address:

QOLLEQT DMCA Agent
12345 Lake City Way NE, #2145
Seattle, WA, 98134
(360) 732-8884
admin@qolleqtapp.com

Your communications must provide the following information:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Services (including the exact URL);
• An address, a telephone number, and an email address where we can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

Upon receipt of a proper notice of claimed infringement, we will follow the procedures specified in the DMCA to resolve the claim. We may request additional information before we take any action with respect to allegedly infringing Content.

7. Prohibited Uses

The Services are available only for your personal and non-commercial use, subject to these Terms. Commercial advertisements and other forms of solicitation may be removed without notice and may result in termination of privileges. In addition to restrictions discussed in other sections of these Terms, you are prohibited from the actions below (or attempt to take such actions) in your use of the Services:

1. Posting any Content that is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
2. Infringing upon any other party’s patent, trademark, trade secret, copyright, or other intellectual property or other rights.
3. Deceiving any other party/ies in any way, such as by impersonating another party or entity, making a fraudulent offer to sell goods, and/or misrepresenting your affiliation with a person or entity.
4. Sending to other users unsolicited or unauthorized advertising, junk or bulk email, chain letters, charity requests, petitions for signatures, chain letters, or letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.
5. Disrupting, interfering, and/or inhibits any other user from enjoying the Services (including any part of the Services, Site, Application, and/or Content), such as by uploading harmful code (ex.: software viruses, worms, time bombs, corrupted files, Trojan horses) or by using any robot, spider, or other such programmatic or other similar automatic device to obtain information from the Services or otherwise monitor or copy any portion of the Services without our authorization.
6. Compiling, downloading, reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purposes, any portion of the Services and/or its Content, including any user information posted hereupon.
7. Modifying, translating, decompiling, disassembling, using reverse engineering, or otherwise attempting to derive the source code for the computer systems and other technology that operate our Services. For purposes of these Terms, “reverse engineering” includes the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Services’ underlying technology.
8. Interfering with the servers or networks underlying or connected to the Services or to violate any of the procedures, policies or regulations of networks connected to the Services.
9. Otherwise accessing the Services in an unauthorized manner.

8. Privacy and Security

We take your privacy seriously. For details on how we collect and use your personal information, please refer to our Privacy Policy. By accessing our Services, you consent to the collection and use of your personal information as described in our Privacy Policy, available at http://qolleqtapp.com/privacy-policy.

We use reasonable security measures that are designed to protect user data from loss, disclosure, misuse, and destruction. These measures are described in further detail in our Privacy Policy. Please be aware, however, that no data security measures can guarantee that the Services is free of threats or other vulnerabilities. You use the Services and transmit information to us at your own risk.

9. Disclaimer of Warranties

WE PROVIDE OUR SERVICES, INCLUDING ALL CONTENT, TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RECIPESHARE INC. (EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTIES OR UNDERTAKINGS AND MAKE NO REPRESENTATIONS OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE IN A MANNER THAT IS TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND/OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Therefore, some of the preceding disclaimers, exclusions or limitations may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RECIPESHARE, INC. (INCLUDING, WITHOUT LIMITATION, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES. OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PRECEDING (12) MONTHS.

You acknowledge that this limitation of liability is an essential term between you and us with respect to our provision of the Services to you (including the Site, the Application, and/or any Content, in whole or in part), and we would be unable to provide the Services to you without this limitation.

11. Third-Party Sites and Services.

The Services may include links to third-party sites or services that are not owned or controlled by us. We do not systematically review, have no control over, and assume no responsibility for, any such third-party sites or services, including any Content, terms, privacy policies, or practices deployed with respect thereto. We do not warrant the offerings of any third party/ies, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

12. Indemnification

You agree to indemnify, hold harmless and, at our option, defend RecipeShare Inc. (including our officers, directors, employees, and agents) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of your violation of these Terms, your use of the Services, any Content created and/or otherwise provided by you, and/or your violation of any law or the rights of any person or entity. We reserve the right to assume the defense and control of any matter subject to indemnification by you, and you may not settle any matter subject to indemnification without our prior written consent. These obligations will survive any termination of your use of our Services.

13. CLASS ACTION WAIVER

YOU AND RECIPESHARE EACH AGREE THAT BY ENTERING INTO THIS AGREEMENT, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION AGAINST THE OTHER IN A COURT OR IN ARBITRATION. FURTHER, YOU AND RECIPESHARE EACH AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. No Waiver; Severability

The waiver of a breach of any provision of these Terms is not a waiver of any other or subsequent breach. A party’s failure to exercise, or delay in exercising, any right or any power under these Terms will not operate as a waiver of such right or power. If any provision of these Terms is found to be invalid or unenforceable for any reason, the remaining provisions will continue in full effect.

15. Governing Law

These Terms will be construed in accordance with and governed exclusively by the laws of the State of Washington, and King County, Washington State will be the place of jurisdiction for all disputes related to these Terms. Each party waives any and all objections to the exercise of jurisdiction over it by such courts and to venue in such courts.

16. Surviving Terms

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution terms.

17. Entire Agreement

These Terms (as amended from time to time), including any Policies incorporated herein, constitute the entire agreement between you and RecipeShare regarding the Services, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, between you and RecipeShare in relation to the subject hereof.

18. Notices

Unless otherwise specifically indicated in these Terms, any notices to RecipeShare that are required or permitted under these Terms should be directed to RecipeShare at the following address:

RecipeShare Inc.

12345 Lake City Way NE, #2145
Seattle, WA, 98134
(360) 732-8884
admin@qolleqtapp.com

We may give notice to you at the e-mail address associated with your account on the Services, using such other contact information as you may make available to us, or as otherwise specified herein. In the case of any notices that we are required to provide to you and to other users in relation to the Services, notice will also be deemed to have been received and properly served upon you immediately upon being posted on the Services.

19. Additional Terms for QOLLEQT Application Obtained Through Google Play Store

The terms in this Section 19 apply (i) if and only if you have downloaded the QOLLEQT mobile application provided by RecipeShare, Inc. through the Google Play Store, and (ii) only as applicable to your use of the downloaded Application (defined below).

For purposes of this Section 19, the defined terms below should be understood as follows:

• “Application” means the QOLLEQT mobile application provided by RecipeShare, Inc., together with all Updates, specifically in the form made available in and through the Google Play Store.
• “Google” means Google LLC, a Delaware limited liability company.
• “Google Account” means the username and password that can be used to access various products and services provided by Google.
• “Google Play Services” means services provided by Google to its end-users in connection with the Google Play Store.
• “User Information” means any personal information that you enter into the Application in connection with your access to and/or use of the Application (including, without limitation, usernames, passwords, or other login information or personal information).

If you experience any defects or performance issues with respect to the Application, you agree that you will contact RecipeShare and not Google.

If you download or purchase a copy of the Application using a Google Account that is part of a “family group” (as such term is used in the Google Play Services), the license granted to you under the Terms to access and to use the Application shall extend to all members of your family group, and each member of your family group who accesses and/or otherwise uses the Application shall be subject to the Terms.

By accessing and/or using the Application, you acknowledge and agree that:

• If you register for an account on the Services in connection with your use of the Application, RecipeShare shall have the right (1) to access, monitor, use, or disclose certain User Information that is available to you, and/or provided by you, in your account, and (2) to provide such User Information to its service providers, subcontractors, sub-processors, and other third parties in connection with its provision of the Services to you, subject to the terms of the Privacy Policy and applicable laws.
• You consent to the access, monitoring, use and disclosure of your User Information by RecipeShare and by Google, solely to the extent necessary to provide the Services, and subject to applicable laws.
• If you provide User Information to the Application which relates to your Google Account, the Application will only use such information to access your Google Account with your authorization, and for the limited purposes that you have authorized; provided that RecipeShare’s use of User Information relating to a Google Account may be deemed to have been authorized based on applicable privacy settings in your Google Account.
• The Terms form an agreement solely between you and RecipeShare, and Google is not a party to the Terms.

20. Additional Terms for QOLLEQT Application Obtained Through Apple App Store

The terms in this Section 20 apply (i) if and only if you have downloaded the QOLLEQT mobile application provided by RecipeShare, Inc. through the Apple App Store, and (ii) only as applicable to your use of the downloaded Application (defined below).

For purposes of this Section 19, the defined terms below should be understood as follows:

• “Application” means the QOLLEQT mobile application provided by RecipeShare, Inc., together with all Updates, specifically in the form made available in and through the Apple App Store.
• “Apple” means Apple Inc., a California corporation.
• “Apple Account” means the username and password that can be used to access various products and services provided by Apple.
• “Apple Media Services Terms and Conditions” means the terms governing the use of Apple’s products, services, and content, available at https://www.apple.com/legal/internet-services/itunes/, as amended from time to time.

You acknowledge and agree that the Terms form an agreement solely between RecipeShare and you, and that Apple is not a party to the Terms. As between RecipeShare and you, RecipeShare shall be responsible for the Application and any Content owned or controlled by RecipeShare, to the extent provided under the Terms.

For purposes of this Section 20, your right to access and to use the Application, as provided under the Terms, is limited to a non-transferable license which permits you to use the Application on such Apple-branded products as you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions; provided that the Application may also be accessed, acquired, and used by other accounts associated with your Apple Account via such features and functions as Apple, at its sole discretion, may make available to you.

If you experience any defects or performance issues with respect to the Application which require maintenance or support, you agree that you will contact RecipeShare and not Apple. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

In the event of any failure of the Application to conform to any applicable warranty set forth in the Terms, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty with respect to the Application will be the responsibility of RecipeShare, to the extent provided in the Terms.

RecipeShare, not Apple, shall be responsible for the following claims to the extent that they arise under this Section 20, in each case solely to the extent required by applicable law:

• Product Claims. Any claims brought by you, or by any third party, relating to the Application and/or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) claims that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. Any third-party claim that the Application and/or your possession and use of that Application infringes upon that third party’s intellectual property rights; in which case RecipeShare shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are compliant with, and shall continue to comply with, all third-party terms and/or agreement applicable to your use of the Application; (ii) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.

To the extent permitted by Section 20, (i) Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and (ii) upon your acceptance of the 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 thereof.