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TWM 9th Hour Music | Creative Son Media LLC Terms of Use

Terms of Use (“Terms”)

Last updated: February 11, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.Timwatsonmusic | 9th Hour Publishing LLC .com website and the Online store for digital downloads operated by (“us”, “we”, or “our”).

Your access to and use of this website and its service/s is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Website or it’s Service/s you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Timwatsonmusic | 9th Hour Publishing LLC it’s content or online store or Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card information, name, address, certain questions for promotional use and data collection.

User guidelines

Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC respects intellectual property rights and expects you to do the same. I’ve gone through the trouble (to save you the trouble) and stayed up all night to jot down somethings for you to follow when using the Service. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or the Content, or otherwise making any use of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC service agreement or the Content or any part of it;
  • using the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service to import or copy any local files you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorized Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC, Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC, its licensors, or any third-party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service or the Content;
  • circumventing any territorial restrictions applied by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or it licensors;
  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • providing your password to any other person or using any other person’s username and password;
  • “crawling” the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ; or
  • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.

Please respect Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC , the owners of the Content, and other users of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service.

Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or a third-party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • uses automated means to artificially promote content;
  • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC inbox;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ;
  • interferes with or in any way disrupts the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ’s computer systems, network, usage rules, or any of Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  • conflicts with the Agreements, as determined by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC .

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC account. You also agree that Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC may also reclaim your username for any reason.

Please be thoughtful about how you use the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service and what you share. The Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or across the web, so please use Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC carefully and be mindful of your account settings. Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Infringement and reporting User Content

Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, contact Timwatsonmusic | 9th Hour Publishing LLC . If Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC is notified by a copyright holder that any Content infringes a copyright, Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC with a request to restore the removed content.

Service limitations and modifications

Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC will make reasonable efforts to keep the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

User-Generated Content

Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Support Community as well as any other part of the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service.

You promise that, with respect to any User Content you post on Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC , (1) you have the right to post such User Content, and (2) such User Content, or its use by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or any artist, band, label, entity or individual without express written consent from such individual or entity.

Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC may, but has no obligation to, monitor, review, or edit User Content. In all cases, Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ’s sole discretion, violates the Agreements. Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Payments and cancellations

Paid Subscriptions can be purchased directly from Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Premium immediately.

Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.

If you believe you are entitled to receive a refund of any monies paid to Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC , please contact Timwatsonmusic | 9th Hour Publishing LLC .

If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.

Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC NOR ANY OWNER OF CONTENT WARRANTS THAT THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SHALL CREATE ANY WARRANTY ON BEHALF OF TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation and time for filing

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE IS TO UNINSTALL ANY TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SOFTWARE AND TO STOP USING THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE. WHILE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC , FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC ’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST TIMWATSONMUSIC | 9TH HOUR PUBLISHING LLC | 9TH HOUR PUBLISHING LLC MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC , and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Timwatsonmusic | 9th Hour Publishing LLC | 9th Hour Publishing LLC only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable 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 Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) 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 Service and/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 Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

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