END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Effective Date: November 1, 2017
Last Updated Date: January 1, 2022
1. Acceptance of the Terms and Conditions.
a. Binding Agreement; Description. This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual User (as defined in Section 3.a below) (“you”) and The Quantum Storey Company, Inc. (“Quantum Storey,” “we,” “us” or “our”) governing your use of any websites, mobile applications or other software and services (including, without limitation, augmented and virtual reality applications and services) and/or other online services or properties owned or controlled by Quantum Storey (collectively, the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT ACCESS, BROWSE, OR USE THE SERVICE. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept this EULA on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate this EULA.
b. Material Terms and Notices. As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
i. the Service is licensed to you, not sold to you, and you may use the Service only as set forth in this EULA;
ii. your use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator, internet service provider, or virtual reality platform provider (collectively, your “Carrier”), including fees charged for Carrier platform or internet access, data usage or overages, which are your sole responsibility;
iv. the Service is provided “as is” without warranties of any kind and Quantum Storey’s liability to you is limited;
v. Quantum Storey is not liable for any damage to your mobile device that may result from the use of the Service, or for any virtual reality headsets, peripherals, or other hardware devices that you use in connection with your access and use of the Service; and
vi. we will resolve disputes arising under this EULA through binding arbitration. By accepting this EULA, as provided in greater detail in Section 10 of this EULA, you and Quantum Storey are each waiving the right to a trial by jury or to participate in a class action.
2. General Terms and Conditions.
a. Consideration. You understand and agree that this Agreement is entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
b. Changes to this EULA. You understand and agree that Quantum Storey may change this EULA at any time without prior notice, provided that Quantum Storey will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on or through the Service. The revised EULA will become effective on the date identified as the “Effective Date” and/or “Last Updated Date” above, and your use of the Service after such time will constitute your acceptance of such revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of this EULA will govern any updates Quantum Storey provides to you that replace and/or supplement any portion of the Service unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 2.b, no revisions to this EULA will apply to any dispute between you and Quantum Storey that arose prior to the effective date of such revision.
d. Eligibility. THE SERVICE IS NOT FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY QUANTUM STOREY. ADDITIONALLY, IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST (i) HAVE YOUR PARENT OR GUARDIAN (WHO IS AT LEAST 18 YEARS OF AGE) REVIEW AND AGREE TO THIS EULA ON YOUR BEHALF; AND (ii) NOT ACCESS, INSTALL, BROWSE, OR OTHERWISE USE THE SERVICE WITHOUT THE AUTHORIZATION OF YOUR PARENT OR LEGAL GUARDIAN. By accessing or using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
3. The Service.
a. Description. The Service allows you to access a number of mixed reality experiences, including augmented reality and virtual reality versions of your favorite books, and view interesting photographs, audiovisual works, and/or other content through the Service’s mobile applications and website. As used in this EULA, the term “User” means any eligible person (according to Section 2.d above) who accepts the terms of this EULA.
b. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless devices (collectively, “Mobile Services”). Your Carrier’s normal data and other rates and fees will apply to your use of Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your Carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your Carrier to determine if Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of Mobile Services must be in accordance with this EULA.
i. Limited Hardware Warranty QSXR head mounted display.
1. Warranty Period: 6 Months from date of purchase
2. During the limited warranty period, the company will repair or replace any parts or the whole of the product that is determined to be defective or malfunctioning at the Company’s sole discretion. The Company reserves the right to use new or refurbished replacement parts in the repair of the product.
3. This limited warranty covers only the cost of parts and labor. Other related costs such as shipping and delivery may be borne by the purchaser at the Company’s sole discretion.
4. Purchasers may be required to prove the date of the original purchase by a dated bill of sale or dated itemized receipt.
a. This Warranty does not cover damage resulting from:
i. Abuse, accident, misuse, improper storage, exposure to liquid moisture or dampness;
ii. Cosmetic damages, including but not limited to dents or scratches in decorative or structural parts;
iii. Exposure to extreme weather conditions, Actos of God such as fire, flooding, windstorm, lightning or earthquake;
iv. Normal wear and tear of product;
v. Usage of Product other than its normal and customary manner;
vi. Improper testing, operation, maintenance, installation, or alteration or modification of Product;
vii. Other acts which are not the fault of the Company.
d. Playing Safely. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU RUN THE RISK OF CAUSING DAMAGE TO YOUR MOBILE DEVICE, THE APPROVED HARDWARE, YOURSELF, OR OTHERS IF YOU DO NOT PLAY CAREFULLY, INCLUDING THROUGH CONTACT WITH A SURFACE OR THROUGH LOSS OF CONTROL OF THE DEVICE. PLEASE ONLY ACCESS THE SERVICE IN A SPACE WHERE YOU CAN SAFELY MOVE WITHOUT RUNNING INTO ANY SHARP EDGES OR OTHER HAZARDOUS CONDITIONS. PAY ATTENTION TO YOUR SURROUNDINGS AT ALL TIMES WHEN USING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT HAVE ANY RESPONSIBILITY FOR ANY DAMAGE THAT OCCURS TO YOU, ANY THIRD PERSON, ANY APPROVED HARDWARE OR TO ANY MOBILE DEVICE ON OR THROUGH WHICH YOU USE THE SERVICE, AND YOU ACCEPT THE RISKS OF ANY SUCH DAMAGE BY USING THE SERVICE.
e. Automatic Software Updates. We may need to automatically update some of the software you obtain through the Service or provide you with new software to keep the Service functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins, and new versions. By using the Service, you agree to such automatic updating.
f. Fees. Your use of the Service may be subject to fees for viewing or downloading certain additional content or accessing interactive games or features on the Service (“Fees”). We reserve the right to modify the Fees at any time, but we will provide you with notice of the applicable Fees before charging you for your selected purchases. You agree to pay the applicable Fees for features that you select on the Service and any other purchases you agree to make via the Service. If Quantum Storey terminates your Account on the Service, then you will not be entitled to any refund of any fees that you may have paid to Quantum Storey except at Quantum Storey’s sole discretion.
g. You May Need to Agree to Additional Terms or Agreements. We use third-party service providers to process payment of the Fees, and we may direct you to such third parties’ websites or services to facilitate payment.
a. Log-In Credentials. In order to enjoy the full benefits of the Service, you must register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Quantum Storey immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. Quantum Storey will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Quantum Storey of such unauthorized use or loss of your credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, or violate any laws or regulations. If messages sent to any e-mail address that you have provided to us during Account registration are returned as undeliverable, then Quantum Storey may terminate your Account immediately without notice to you and without any liability to you or any third party.
5. Access to Full Version of Quantum Storey Books
a. Purchase of Access Codes. You may be required to purchase a physical or e-copy of certain books before accessing the related features of the Service, including the full extended reality (XR) version of such book. Each title that you purchase (in physical or e-book form) will provide you with an access code that you may use to access extended reality content related to such title. You agree not to share your access code for any title with or permit the use of such access code by, any other person.
b. You Agree To Pay Quantum Storey For Each Title and Other Purchases. You agree to pay Quantum Storey any applicable fees for each title, or the extended reality content related thereto, that you access through the Service and any other purchases you agree to make on the Service.
c. You May Need to Agree to Additional Terms or Agreements. We use third-party service providers to, in part, obtain payment processing services. You acknowledge that you may be required to agree to additional or superseding terms or agreements, including those of our third-party payment processors, in order to make payments for access to content on the Service as described above.
6. Intellectual Property Rights.
a. License. Subject to your complete and ongoing compliance with this EULA, Quantum Storey hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this EULA.
b. Content. The content that Quantum Storey provides to Users on or through the Service, including, without limitation, any text, audio-visual works, sound recordings, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by Quantum Storey, its affiliates or its third party licensors (collectively, the “Quantum Storey Content”). Moreover, as between Quantum Storey and you, Quantum Storey solely owns all design, database, compilation, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, including all derivative works and any related goodwill.
c. Marks. The Quantum Storey trademarks, service marks, and logos (collectively, the “Quantum Storey Trademarks”) used and displayed on the Service are Quantum Storey’s or its affiliates or partner’s registered and/or unregistered trademarks or service marks. Other product and service names accessed or displayed through the Service may be trademarks or service marks owned by third parties (together with the Quantum Storey Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Quantum Storey or any third party, Quantum Storey’s or a third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Quantum Storey’s prior express written consent. As between the parties, all goodwill generated from the use of any Quantum Storey Trademark will inure solely to Quantum Storey’s benefit.
d. Restrictions. Quantum Storey hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Quantum Storey Content or Trademarks located or displayed therein.
7. Restrictions on Use of the Service.
a. Without limiting any other terms of this EULA, when using the Service, you agree not to (and not to attempt to):
i. take any action that may impose an unreasonable load on the Service’s infrastructure;
ii. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
iii. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service;
iv. delete or alter any Quantum Storey Content on the Service;
v. frame or link to any of the materials or information available on the Service;
vi. use or exploit any Trademarks or Quantum Storey Content in any manner that is not expressly authorized by this EULA;
vii. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
viii. access, tamper with, or use non-public areas of the Service, Quantum Storey’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Quantum Storey’s providers;
ix. provide any false personal information to Quantum Storey;
x. create a false identity or impersonate another person or entity in any way;
xi. create a new Account with Quantum Storey, without Quantum Storey’s express written consent, if Quantum Storey has previously disabled an Account of yours;
xii. restrict, discourage, or inhibit any person from using the Service or disclosing personal information about any third party without the consent of that person;
xiii. use the Service, without Quantum Storey’s prior express written consent, for any commercial or unauthorized purpose;
xiv. gain unauthorized access to the Service, to other Users’ Accounts, or to other computers or websites connected or linked to the Service;
xv. introduce to the Service any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
xvi. access the Service from a device that is not your own or is not Approved Hardware;
xvii. violate any federal, state, or local laws or regulations or the terms of this EULA; or
xviii. assist or permit any person in engaging in any of the activities described above.
8. Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Quantum Storey or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Quantum Storey, you agree that:
a. Quantum Storey has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and Quantum Storey is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
c. You irrevocably grant Quantum Storey perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
9. Dispute Resolution.
a. General. In the interest of resolving disputes between you and Quantum Storey in the most expedient and cost-effective manner, you and Quantum Storey agree that any dispute arising out of or in any way related to this EULA or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND QUANTUM STOREY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS EULA SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
b. Exceptions. Notwithstanding Section 10.a above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Quantum Storey will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Quantum Storey. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or email (“Notice”). Quantum Storey’s address for Notice is: The Quantum Storey Company, Inc., Raleigh Studios – Hollywood, 5300 Melrose Ave., Los Angeles, CA 90038 or firstname.lastname@example.org. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Quantum Storey may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Quantum Storey must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by Quantum Storey prior to selection of an arbitrator, Quantum Storey will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Quantum Storey in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
e. Fees. If you commence arbitration in accordance with this EULA, Quantum Storey will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Quantum Storey for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND QUANTUM STOREY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Quantum Storey agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. Except as otherwise provided in this EULA, if Quantum Storey makes any future change to this arbitration provision, other than a change to Quantum Storey’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Quantum Storey’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Quantum Storey.
h. Enforceability. If Section 10.f above is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void.
10. Limitation of Liability and Disclaimer of Warranties. THE TERMS OF THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
a. QUANTUM STOREY AND ITS AFFILIATES (collectively, the “Quantum Storey Parties”) DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE THEREON (INCLUDING, WITHOUT LIMITATION, THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS, OR TIMELINESS THEREOF). AS A RESULT, THE QUANTUM STOREY PARTIES WILL NOT BE SUBJECT TO ANY LIABILITY FOR (i) THE APPROPRIATENESS, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER ON OR THROUGH THE SERVICE; (ii) ANY ERRORS, MISTAKES, OR OMISSIONS IN SUCH CONTENT OR INFORMATION; OR (iii) ANY DELAYS OR INTERRUPTIONS TO THE SERVICE. ACCORDINGLY, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE QUANTUM STOREY PARTIES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTLY, YOU AGREE THAT YOU SOLELY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE.
b. WITHOUT LIMITING SECTION 11.a, THE QUANTUM STOREY PARTIES DO NOT WARRANT THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO QUANTUM STOREY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
c. IN NO EVENT WILL ANY QUANTUM STOREY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY DAMAGE TO PHYSICAL PROPERTY (INCLUDING YOUR MOBILE DEVICE OR THE APPROVED HARDWARE) CAUSED BY YOUR USE OF THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH QUANTUM STOREY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUANTUM STOREY’S LIABILITY, AND THE LIABILITY OF ANY OF THE OTHER QUANTUM STOREY PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.
11. Third Party Disputes. ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CARRIER OR OTHER USER), IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE QUANTUM STOREY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
12. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Quantum Storey Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this EULA; or (b) your access to, use, or misuse of the Quantum Storey Content or the Service. Quantum Storey will provide notice to you of any such claim, suit, or proceeding. Quantum Storey reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Quantum Storey believes that you are unwilling or incapable of defending Quantum Storey’s interests. In such case, you agree to cooperate with any reasonable requests assisting Quantum Storey’s defense of such matter at your expense.
13. Term and Termination of this EULA.
a. Termination. Quantum Storey reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time and for any reason without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party on or through the Service, or for any other reason upon 10 days’ notice to you. Quantum Storey reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
b. Sections 1.a, 2.a, 2.c-2.d, 3, 5-16 and 18 and any defined terms used in those Sections will survive the termination of this EULA indefinitely.
15. Miscellaneous. This EULA is governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quantum Storey as a result of this EULA or use of the Service. You further acknowledge that by browsing, accessing, or using the Service or by submitting Feedback, no confidential, fiduciary, contractually implied, or other relationship is created between you and Quantum Storey other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, then the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of Quantum Storey to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Quantum Storey unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Quantum Storey and you in writing, this EULA constitutes the entire agreement between you and Quantum Storey with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Quantum Storey. Quantum Storey may assign this EULA, including all its rights hereunder, without restriction.
16. Contact Us. If you would like to contact us in connection with your use of the Service, then please contact us at The Quantum Storey Company, Inc., Raleigh Studios – Hollywood, 5300 Melrose Ave., Los Angeles, CA 90038, or by email at email@example.com.
17. ADDITIONAL TERMS FOR OUR iOS APP. You acknowledge that this EULA is between you and Quantum Storey only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple 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: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of this EULA. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Quantum Storey provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and in the case of any inconsistency between the translation and the English version, the English version will prevail.