– In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Chatous and Apple, Chatous, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
– You represent and warrant that (i) you are not located in a country that is subject to a 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 you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Chatous as follows:
Chatous and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
A notification of claimed copyright infringement should be emailed to Chatous’s Copyright Agent at (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
– a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
– identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
– a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
– your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.