FringeKing

FringeKing App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Kingswell Productions and governs use of this app made available through the Apple App Store. By installing the FringeKing App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the FringeKing App.

 

1. Parties: This Agreement is between you and Kingswell Productions only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Kingswell Productions, not Apple, is solely responsible for the FringeKing App and its content.

 

2. Privacy: Kingswell Productions may collect and use information about your usage of the FringeKing App, including certain types of information from and about your device. Kingswell Productions may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the FringeKing App.

 

3. Limited License: Kingswell Productions grants you a limited, non-exclusive, non-transferable, revocable license to use the FringeKing App for your personal, non-commercial purposes. You may only use the FringeKing App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

 

4. Age Restrictions: By using the FringeKing App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the FringeKing App does not violate any applicable law or regulation. Your access to the FringeKing App may be terminated without warning if Kingswell Productions believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the FringeKing App, you agree to be bound by this Agreement in respect to your child's use of the FringeKing App.

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5. Warranty: Kingswell Productions disclaims all warranties about the FringeKing App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Kingswell Productions, not Apple, shall be solely responsible for such warranty.

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6. Maintenance and Support: Kingswell Productions does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Kingswell Productions, not Apple, shall be obligated to furnish any such maintenance or support.

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7. Product Claims: Kingswell Productions, not Apple, is responsible for addressing any claims by you relating to the FringeKing App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the FringeKing App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

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8. Third Party Intellectual Property Claims: Kingswell Productions shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the FringeKing App. To the extent Kingswell Productions is required to provide indemnification by applicable law, Kingswell Productions, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the FringeKing App or your use of it infringes any third party intellectual property right.