Last Revised: 17 July, 2017
Welcome to Buddy's Talking Flashcard application, provided by AI Buddy, Inc., a Delaware corporation. We have created an interactive application that is designed to entertain families using conversation and characters.
THESE APPLICATION TERMS (THE "TERMS") APPLY TO YOUR (AND YOUR CHILDREN'S) USE OF BUDDY'S TALKING FLASHCARD APP PROVIDED BY AI BUDDY, INC.
PLEASE READ THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY DOWNLOADING BUDDY'S TALKING FLASHCARD APP, USING BUDDY'S TALKING FLASHCARD APP OR CLICKING/CHECKING ON THE ACCEPT/AGREE BOX/BUTTON, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS (INCLUDING, THE TERMS AND CONDITIONS OF THE THIRD PARTY TERMS THAT ARE INCORPORATED INTO THE TERMS BY REFERENCE); (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE TERMS, AI BUDDY, INC. IS UNWILLING TO GRANT YOU (OR YOUR CHILDREN) THE RIGHT TO USE BUDDY'S TALKING FLASHCARD APP.
THE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BY AND BETWEEN YOU AND AI BUDDY, INC.
FOR PURPOSES OF THE TERMS, "MYBUDDY.AI", "AI BUDDY, INC.", "US", "WE" OR "OUR" MEANS AND INCLUDES AI BUDDY INC. AND ITS INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS. "YOU" MEANS EACH PERSON WHO ACCESSES OR USES BUDDY'S TALKING FLASHCARD APP (INCLUDING, BUT NOT LIMITED TO YOUR CHILDREN), WHETHER OR NOT SUCH PERSON PERSONALLY INSTALLED BUDDY'S TALKING FLASHCARD APP. FURTHER, "YOUR CHILDREN" OR "YOUR CHILD" REFERS TO YOUR CHILD, YOUR CHILDREN OR A CHILD OR CHILDREN UNDER YOUR GUARDIANSHIP OR SUPERVISION.
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice to your registered email address, written or hard copy notice, or through posting of such notice on our website, Apple App Store or the BUDDY'S TALKING FLASHCARD APP, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms.
for information on how AI Buddy, Inc. collects, uses and discloses your information when you use BUDDY'S TALKING FLASHCARD App.
Subject to the terms, conditions and limitations set forth in the Terms, AI Buddy, Inc. grants you a nonexclusive, non-transferable and revocable license to use BUDDY'S TALKING FLASHCARD App on any mobile device that you own or control for your personal, non-commercial use, except as otherwise permitted by this Agreement. AI Buddy, Inc. reserves all rights not expressly granted herein in BUDDY'S TALKING FLASHCARD APP or related applications or services. AI BUDDY, Inc. may terminate this license at any time for any reason or no reason. The terms of the license will also govern any upgrades provided by AI Buddy, Inc. that replace and/or supplement the original AI Buddy, Inc. App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Mobile Software; Restrictions
We make available software to access BUDDY'S TALKING FLASHCARD APP via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Services. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one AI Buddy, Inc. account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
Consent to Use of Data and Communications
for more information about how AI Buddy, Inc. collects, uses, stores and discloses personal information collected through BUDDY'S TALKING FLASHCARD App. You also consent to our communicating with you about BUDDY'S TALKING FLASHCARD App or in connection with the features, functions and activities contained in BUDDY'S TALKING FLASHCARD App.
Speech Data, Recordings and Third Party Components
Use of Speech Data and Recordings
You acknowledge and agree that when users interact with BUDDY'S TALKING FLASHCARD App, AI Buddy, Inc. may capture audio recordings. You agree that AI Buddy, Inc. and its licensors and contractors may use, transcribe and store any such Recordings and any speech data contained therein (the "Speech Data"), including your voice and likeness as may be captured therein, to provide and maintain BUDDY'S TALKING FLASHCARD App, to develop, tune, test, enhance or improve speech recognition technology and artificial intelligence algorithms, to develop acoustic and language models and for other research and development purposes.
AI Buddy, Inc. and/or its licensors will not use the information contained in any Speech Data for any purpose except as set forth above. Because audio constitute personal information under the Children's Online Privacy Protection Act, parents will need to consent to the use of BUDDY'S TALKING FLASHCARD App by their children who are under 13 before AI Buddy, Inc. will save or store any Recordings. Therefore, the foregoing does not apply to children under 13 until such consent is obtained.
Third Party Components
BUDDY'S TALKING FLASHCARD App utilizes technology provided by third parties (including, but not limited to, Apple, Inc. ("Apple")). By using BUDDY'S TALKING FLASHCARD App you agree to the terms and conditions set forth at https://developer.apple.com/terms/ (which may be modified by Apple from time-to-time and are incorporated into the Terms by reference), as well as to the terms and conditions of any other third party technology providers utilized by BUDDY'S TALKING FLASHCARD App.
Any suggestions, comments or other feedback provided by you or your children to us with respect to BUDDY'S TALKING FLASHCARD App and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to BUDDY'S TALKING FLASHCARD App, and you agree that you will not do any of the following in connection with BUDDY'S TALKING FLASHCARD App:
- Use BUDDY'S TALKING FLASHCARD App in any manner that could damage, disable, overburden or impair the functioning of BUDDY'S TALKING FLASHCARD App in any manner;
- Use BUDDY'S TALKING FLASHCARD App for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms;
- Modify, adapt or hack BUDDY'S TALKING FLASHCARD App; or
- Infringe upon or violate the rights of AI Buddy, Inc.
Any use of BUDDY'S TALKING FLASHCARD App in violation of the Terms may result in, among other things, termination or suspension of your rights to use BUDDY'S TALKING FLASHCARD App.
Trademarks and Third Party Trademarks
MYBUDDY.AI name, MYBUDDY.AI logos and any other AI Buddy, Inc. product, service name or slogan included in BUDDY'S TALKING FLASHCARD App are trademarks of AI Buddy, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of AI Buddy, Inc. In addition, the look and feel of BUDDY'S TALKING FLASHCARD App, including all custom graphics, button icons and scripts are the service marks, trademarks and/or trade dress of AI Buddy, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in BUDDY'S TALKING FLASHCARD App ("Third Party Trademarks") are the property of their respective owners, and the use of such Third Party Trademarks will inure to the benefit of each trademark owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by AI Buddy, Inc. and its licensors with such company; or (ii) an endorsement or approval by such company of AI Buddy, Inc. and its licensors and its products or services.
Except for the license expressly stated in the Terms, you are not granted any rights in or to BUDDY'S TALKING FLASHCARD App by implication, estoppel, or other legal theory, and all rights in and to BUDDY'S TALKING FLASHCARD App not expressly granted in the Terms are hereby reserved and retained by AI Buddy, Inc. All information, materials and content including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively "AI Buddy, Inc. Material") is owned by AI Buddy, Inc. or is used with permission. This AI Buddy, Inc. Material is protected in all forms, media and technologies now known or hereinafter developed.
Modification of Terms
AI Buddy, Inc. reserves the right to change or modify any of the terms and conditions contained in the Terms, or any policy or guideline of BUDDY'S TALKING FLASHCARD App, at any time and in its sole discretion by posting the changes/modifications via BUDDY'S TALKING FLASHCARD App. Additionally, notice may be provided by sending an email to you or by such other form of notice as determined by AI Buddy, Inc. Changes/modifications will only become effective at the end of the 30 day period commencing upon the posting of the changes/modifications via BUDDY'S TALKING FLASHCARD App ("Notice Period"). If you disagree with any changes/modifications, please stop using BUDDY'S TALKING FLASHCARD App within the Notice Period. Your use of BUDDY'S TALKING FLASHCARD App after the Notice Period will constitute your acceptance of the changes/modifications. Also, we recommend that you review the Terms whenever you access BUDDY'S TALKING FLASHCARD App and, at least, every 30 days to make sure that you understand the terms and conditions that will apply to your use of BUDDY'S TALKING FLASHCARD App.
Suspension and Termination
AI Buddy, Inc. may suspend and/or terminate your rights with respect to BUDDY'S TALKING FLASHCARD App for any reason or for no reason at all and with or without notice at AI Buddy, Inc.'s sole discretion. Suspension and/or termination may include restricting access to and use of BUDDY'S TALKING FLASHCARD App. If your rights with respect to BUDDY'S TALKING FLASHCARD App are suspended and/or terminated, you agree to make no further use of BUDDY'S TALKING FLASHCARD App during suspension or after termination. AI Buddy, Inc. reserves the right, but does not undertake any duty, to take appropriate legal action including, but not limited to, the pursuit of civil, criminal and/or injunctive redress against you for continuing to use BUDDY'S TALKING FLASHCARD App during suspension or after termination, and you agree that AI Buddy, Inc. may recover its reasonable attorney's fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, the Terms will remain enforceable against you. All of the terms and conditions of the Terms survive any termination of the Terms (except the "License" and "Consent to Use of Data and Communications" sections).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF BUDDY'S TALKING FLASHCARD APP IS AT YOUR SOLE RISK. BUDDY'S TALKING FLASHCARD APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AI BUDDY, INC. DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, BUDDY'S TALKING FLASHCARD APP, BUDDY'S TALKING FLASHCARD MATERIAL, ANY AI BUDDY, INC. PRODUCTS AND SERVICES, THE RECORDINGS, THIRD PARTY SITES AND THIRD PARTY TRADEMARKS WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT AI BUDDY, INC. KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. AI BUDDY, INC. DOES NOT WARRANT THAT: (A) THE FUNCTIONS CONTAINED IN BUDDY'S TALKING FLASHCARD APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF BUDDY'S TALKING FLASHCARD APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) ANY DEFECTS IN BUDDY'S TALKING FLASHCARD APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY AI BUDDY, INC. OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including the assessment, claim or demand by a governmental agency or entity (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.
Limitation of Liability
IN NO EVENT SHALL AI BUDDY, INC. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE BUDDY'S TALKING FLASHCARD APP, BUDDY'S TALKING FLASHCARD MATERIAL, OR ANY AI BUDDY, INC. PRODUCTS OR SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH ANY PRODUCTS OR SERVICES PROVIDED BY AI BUDDY, INC. OR ITS SUBSIDIARIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO BUDDY'S TALKING FLASHCARD APP, ANY SERVICES AVAILABLE THROUGH THE BUDDY'S TALKING FLASHCARD APP OR ANY OTHER PRODUCT PROVIDED BY AI BUDDY, INC., THAT ARE DELAYED OR INTERRUPTED, EVEN IF AI BUDDY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST AI BUDDY, INC.PERTAINING TO OR IN CONNECTION WITH BUDDY'S TALKING FLASHCARD APP MUST BE COMMENCED AND NOTIFIED TO AI BUDDY, INC. IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. AI BUDDY, INC.AI BUDDY, INC.AI BUDDY, INC.
This paragraph is intended to apply to you if you have downloaded BUDDY'S TALKING FLASHCARD App from the Apple App Store. You and us acknowledge that these Terms are concluded between us and you only, and not with Apple Inc. ("Apple"), and as between us and Apple, we, not Apple, are solely responsible for the Mobile Software and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).
This Agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these, the "Mobile Software" is considered the "Licensed Application" as defined in the LAEULA and "Bookmate" is considered the "Application Provider" as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control.
AI Buddy, Inc.
Notice of Availability of Filtering Software
Pursuant to the Communications Decency Act, you are hereby informed by AI Buddy, Inc. that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Safety.com, www.safety.com, or in the following Web directories: Internet Blocking and Filtering Software or Filtered Access.
No Third Party Beneficiaries
Except as otherwise expressly elsewhere in the Terms, there will be no third party beneficiaries to the Terms.
Modifications to BUDDY'S TALKING FLASHCARD App
AI Buddy, Inc. reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, BUDDY'S TALKING FLASHCARD App and/or any features, information, materials or content on BUDDY'S TALKING FLASHCARD App with or without notice to you. You agree that AI Buddy, Inc. will not be liable to you or any third party for any modification or discontinuance of BUDDY'S TALKING FLASHCARD App or any portion thereof.
AI Buddy, Inc. respects the intellectual property rights of others and expects its users to do the same.
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, AI Buddy, Inc. has adopted a policy of terminating, in appropriate circumstances and at AI Buddy, Inc.'s sole discretion, account holders who are deemed to be repeat infringers. AI Buddy, Inc. may also, at its sole discretion, limit access to BUDDY'S TALKING FLASHCARD App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. AI Buddy, Inc. will respond to claims of copyright infringement committed using BUDDY'S TALKING FLASHCARD App that are reported to AI Buddy, Inc.'s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through BUDDY'S TALKING FLASHCARD App by completing the following DMCA Notice of Alleged Infringement and delivering it to AI Buddy, Inc.'s Designated Copyright Agent. Upon receipt of the Notice as described below, AI Buddy, Inc. will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from BUDDY'S TALKING FLASHCARD App.
DMCA Notice of Alleged Infringement ("Notice"):
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on BUDDY'S TALKING FLASHCARD App where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to AI Buddy, Inc.'s Designated Copyright Agent:
AI Buddy, Inc.
21515 Hawthorne Blvd Ste 450
Torrance, California 90503, United States
You may not use or otherwise export or re-export BUDDY'S TALKING FLASHCARD App except as authorized by United States law and the laws of the jurisdiction in which BUDDY'S TALKING FLASHCARD App was obtained. In particular, but without limitation, the Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using BUDDY'S TALKING FLASHCARD App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use BUDDY'S TALKING FLASHCARD App for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
US Government Rights
BUDDY'S TALKING FLASHCARD App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AI BUDDY, INC. AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AI BUDDY, INC.
You and AI Buddy, Inc. agree to arbitrate any dispute arising from the Terms or relating to BUDDY'S TALKING FLASHCARD App, except that you and AI Buddy, Inc. are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and AI Buddy, Inc. agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and AI Buddy, Inc. also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND AI BUDDY, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its principles of conflict of laws. Please note that some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
The parties hereto further agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of BUDDY'S TALKING FLASHCARD App for use on the iPhone, iPod Touch or iPad:
You and AI Buddy, Inc. acknowledge that the terms are solely between you and AI Buddy, Inc., and not with Apple, Inc. ("Apple"), and that AI Buddy, Inc., not Apple, is solely responsible for BUDDY'S TALKING FLASHCARD App and the content contained within BUDDY'S TALKING FLASHCARD App. You further acknowledge that the usage rules for BUDDY'S TALKING FLASHCARD App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download BUDDY'S TALKING FLASHCARD App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License
The license granted to you is limited to a non-transferable license to use BUDDY'S TALKING FLASHCARD App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support
AI Buddy, Inc. is solely responsible for providing maintenance and support services with respect to BUDDY'S TALKING FLASHCARD App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to BUDDY'S TALKING FLASHCARD App.
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to BUDDY'S TALKING FLASHCARD App. In the event of any failure of BUDDY'S TALKING FLASHCARD App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for BUDDY'S TALKING FLASHCARD App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to BUDDY'S TALKING FLASHCARD App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of AI Buddy, Inc.. However, you understand and agree that in accordance with the Terms, AI Buddy, Inc. has disclaimed all warranties of any kind with respect to BUDDY'S TALKING FLASHCARD App, and therefore, there are no warranties applicable to BUDDY'S TALKING FLASHCARD App, except those implied by law.
You and AI Buddy, Inc. acknowledge and agree that as between Apple and AI Buddy, Inc., AI Buddy, Inc., not Apple, is responsible for addressing any of your claims or any third party claims relating to BUDDY'S TALKING FLASHCARD App or your possession and/or use of BUDDY'S TALKING FLASHCARD App, including, but not limited to: (i) product liability claims; (ii) any claim that BUDDY'S TALKING FLASHCARD App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You and AI Buddy, Inc. acknowledge and agree that, in the event of any third party claim that BUDDY'S TALKING FLASHCARD App or your possession and use of BUDDY'S TALKING FLASHCARD App infringes that third party's intellectual property rights, AI Buddy, Inc., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
You 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.
Developer Name and Address
Any end-user questions, complaints or claims with respect to BUDDY'S TALKING FLASHCARD App should be directed to:
AI Buddy, Inc.
Third Party Beneficiary
THIRD PARTY BENEFICIARIES AND AGREEMENTS
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and the Services is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or the Services.