End User License Agreement
This End User License Agreement (“Agreement”) is a legal agreement between you (“End-User” or “you”) and Bark Media NYC (“Licensor” or “we”). By installing, accessing, or using the application (“Licensed Application”), you agree to be bound by the terms of this Agreement.
- Acknowledgement
You acknowledge that this Agreement is concluded between you and Bark Media NYC only, and not with Apple Inc. (“Apple”). Bark Media NYC, not Apple, is solely responsible for the Licensed Application and the content thereof. - Scope of License
The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. - Maintenance and Support
Bark Media NYC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement, or as required under applicable law. You and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. - Warranty
Bark Media NYC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Bark Media NYC’s sole responsibility. - Product Claims
You and the End-User acknowledge that Bark Media NYC, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. - Intellectual Property Rights
You and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Bark Media NYC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. - Legal Compliance
The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties. - Third-Party Terms of Agreement
The End-User must comply with applicable third-party terms of agreement when using the Licensed Application, e.g., if the End-User has a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using the Licensed Application. - Third-Party Beneficiary
You and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon the End-User’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End-User as a third-party beneficiary thereof.
By accepting this Agreement, you agree to comply with its terms and conditions.