PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE DOWNLOADING THE LIGHTCRAFT SPARK MOBILE APPLICATION (THE “APPLICATION”) AS IT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND LIGHTCRAFT TECHNOLOGY, INC. (“LIGHTCRAFT”). IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT DOWNLOAD THE APPLICATION.

By downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement. Your use of the Application is subject to the Lightcraft Privacy Policy for the Application available at https://lightcraft.pro/spark-privacy-policy.

1. Your Ability to Accept this Agreement. You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

2. Who May Use the App. You may use the Application only if you are 13 years or older.

3. Changes. Lightcraft reserves the right to change, modify, add or remove portions of this Agreement in its sole discretion at any time and without prior notice (“Updates”), and such Updates will be effective immediately. Please check this Agreement periodically for any Updates. Your continued use of the Application following the posting of any Updates will mean that you have accepted and agreed to the changes. If you do not wish to accept any Updates, please uninstall and discontinue using the Application.

4. Scope of License: Lightcraft grants you a limited, non-transferrable, non-exclusive and revocable license to use the 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 the Application may be accessed, acquired, and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts (as defined in the applicable Apple agreements and terms). You may use the Application for your personal use and in accordance with the terms and conditions of this Agreement.

5. License Restrictions: The rights granted to you under this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Application; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Application, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Application in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, and (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Application. Any future release, update, or other addition to functionality of the Application shall be subject to this Agreement, unless otherwise provided in terms associated with such addition.

6. Modifications: Lightcraft reserves the right, at any time, to modify, suspend, or discontinue the Application or any part thereof with or without notice. In the future, Lightcraft may offer additional services, features and functionalities. You agree that Lightcraft will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application or any part thereof.

7. Ownership: The Application provided to you is licensed to you and not sold. Lightcraft (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Application.

8. Lightcraft Content and Rights.

a. Definition. For purposes of this Agreement: “Lightcraft Content” means text, graphics, interfaces, programs, computer code, application, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, provided or otherwise made available through the Application, including, but not limited to, the design, layout, “look and feel” and arrangement of such content.

b. Ownership. We exclusively own all right, title and interest in and to the Application and Content, including all associated intellectual property rights; provided, however, that we do not claim ownership of any User Content and Feedback (as defined below), and we are not responsible for any third party content, the accuracy of such content or its compliance with relevant laws or regulations. You acknowledge that the Application and Content are protected by copyright, trademark, and other laws of the United States and foreign countries, and you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or Content.

c. Rights in Content Granted by Us. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display and print the Content solely in connection with your permitted use of the Application and solely for your personal purposes. Content is provided to you AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content, and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.

9. User Content and Rights.

a. Definition. As used in this Agreement, “User Content” means any text, graphics, interfaces, programs, computer code, application, images, music, audio, video, works of authorship of any kind, and information or other materials that users (including you) (i) post, upload, input, submit, provide or otherwise make available to the Application and (ii) generate through the use of the Application.

b. Ownership. We do not own your User Content or any intellectual property rights in your User Content. No rights or licenses to your User Content are granted other than the express license grant set forth below in Section 9 d. Your User Content is your confidential information, and we will not disclose your User Content without your express consent.

c. Representations and Warranties. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You may be able to remove certain of your User Content by specifically deleting it via the Application. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on the Application. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Consider this limitation when posting User Content on the Application.

d. Rights in User Content Granted by You to Us. By making any User Content available through the Application, you hereby grant to us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual and irrevocable license to use, copy, modify, create derivative works based upon, and distribute your User Content solely in connection with operating and providing the Application to you and providing any related support services to you.

10. General Prohibitions on Your Use of the Application. You agree not to access or use the Application in an unlawful way or for an unlawful or illegitimate purpose. You shall not post or transmit via the Application (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Application in any manner, including, but not limited to, through the use of methods such as denial of service attacks, flooding or spamming. You will not transmit, distribute, introduce or otherwise make available in any manner through the Application any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”), and you shall not otherwise disrupt, destroy, alter, tamper, or otherwise interfere with the Application, including, without limitation, any Lightcraft Content, communications, programming, hardware, functionality or features of the Application, and technology used in connection with the Application, including tracking technologies (e.g., web beacons), in any way or by any means. You shall not use the Application in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means.

11. Trademarks/service marks, logos, slogans and taglines. All trademarks, service marks, logos, slogans and taglines displayed on or through the Applications are the property of Lightcraft and its licensors, or their respective owners, and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Application, by implication, estoppel or otherwise, without the express written permission of Lightcraft, or such third-party that may own the trademark, service mark, logo, slogan or tagline. Lightcraft (and its licensors, where applicable) reserve all rights not granted in this Agreement.

12. Feedback. We welcome feedback, comments and suggestions for improvements to the Application (“Feedback”). You can submit Feedback by emailing us at info@lightcraft.pro. You acknowledge and agree that Feedback is not confidential, and you hereby grant to Lightcraft a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual and irrevocable license to reproduce, display, perform, distribute, publish, modify, edit, create derivative works of or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

13. Termination. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Application for any reason or for no reason whatsoever, including improper use of the Application or failure to comply with this Agreement, and to take any other action we deem appropriate. You agree that Lightcraft shall not be liable to you or any third party for any termination of your access to the Application.

14. Third party services and links. The Application may provide links to, or otherwise allow you to access, third-party websites, services, applications, or resources (collectively, “Third Party Services”). Lightcraft has no control over such Third Party Services and therefore is not responsible for their availability, and does not endorse and is not responsible or liable for any content, advertising, products, services, information or other materials on or available from Third Party Services. You access and use Third Party Services at your own risk. Lightcraft is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Services.

15. Geographic restrictions. Lightcraft is based in the State of California in the United States. Lightcraft makes no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

16. DISCLAIMER OF WARRANTY. ACCESS TO THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIGHTCRAFT DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIGHTCRAFT DOES NOT WARRANT THAT ACCESS TO THE APPLICATION OR TO ANY CONTENT, SERVICES OR PRODUCTS PROVIDED VIA THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, NOR DOES LIGHTCRAFT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION, THE CONTENT, AND ANY PRODUCTS OR SERVICE MADE AVAILABLE VIA THE APPLICATION IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING THE APPLICATION INSTALLED ON A DEVICE OWNED OR CONTROLLED BY YOU. LIGHTCRAFT CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF ADVICE, IDEAS, INFORMATION, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE APPLICATION.

17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTCRAFT IS NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DEVICE OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, THE CONTENT, OR ITS PRODUCTS OR SERVICES, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF LIGHTCRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE LIGHTCRAFT AND HOLD IT AND ITS LICENSORS AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

18. EXCLUSIVE REMEDY. WITHOUT LIMITING THE LIMITATION OF LIABILITY IN SECTION 17 ABOVE, IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL AND CEASE USING THE APPLICATION.  UNDER NO CIRCUMSTANCES SHALL LIGHTCRAFT, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE APPLICATION, ANY INFRINGEMENT BY THE APPLICATION OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APPLICATION. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

19. Indemnification. Without limiting the generality or effect of other provisions of this Agreement, as a condition of downloading, accessing or using the Application, you agree to indemnify, hold harmless, and defend Lightcraft and its parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use or inability to use the Application or its Content, products or services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

20. Dispute resolution; Binding arbitration.

a. Agreement to Arbitrate. You and Lightcraft mutually agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Application, or your use of the Application (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and remain in such court, and (ii) either party may seek equitable relief in court for infringement or misuse of intellectual property rights (including patents, copyrights, trademarks, and trade secrets). This Agreement to Arbitrate is intended to be broadly interpreted.

b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), which are available at www.jamsadr.com. The arbitration will be conducted in the English language by a single arbitrator selected in accordance with the JAMS Rules. Unless you and Lightcraft agree otherwise, any arbitration hearings will take place in Los Angeles County, California. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available under applicable law, the JAMS Rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lightcraft.

c. Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Lightcraft will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules and you agree to reimburse Lightcraft for all monies it has paid that are your obligation to pay under the JAMS Rules.

d. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND LIGHTCRAFT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION AND JURY TRIAL WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID, AND THE DISPUTE SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION. YOU AND LIGHTCRAFT EACH WAIVE ANY RIGHT TO A JURY TRIAL.

e. 30-Day Opt-Out Right. You have the right to opt out of this Agreement to Arbitrate by sending written notice of your decision to opt out to legal@lightcraft.pro within thirty (30) days after first becoming subject to this Agreement to Arbitrate. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if any), and an unequivocal statement that you want to opt out of this Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with Lightcraft.

f. Survival. This Agreement to Arbitrate will survive the termination of your relationship with Lightcraft.

21. Electronic communications. By downloading or using the Application, you consent to receiving electronic communications from Lightcraft. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Application. These electronic communications are part of your relationship with Lightcraft and you receive them as part of your use of the Application. You agree that any notices, agreements, disclosures or other communications that Lightcraft sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. Notice to California residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Application or to receive further information regarding use of the Application.

23. Time limitation on claims. You agree that any claim you may have arising out of or related to your relationship with Lightcraft or the Application must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

24. General. This Agreement shall be governed by the laws of the State of California without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement constitutes the sole agreement between you and Lightcraft for your use and the provision of the Application and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Lightcraft. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Lightcraft of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

25. Additional Terms: The following additional terms and conditions govern your use of the Application downloaded by you via the Apple App Store and designed to operate on any device you own or control which runs any Apple mobile operating system, including iPhone and iPad devices (each, an “Apple Device”). You and Lightcraft each hereby acknowledge that this Agreement is between you and Lightcraft, and not Apple, Inc. (“Apple”) and that Lightcraft, and not Apple, is solely responsible for the Application you downloaded via the Apple App Store and installed on your Apple Device.

a. Scope of License. Without limiting the other terms and conditions of this Agreement, you may only use the Application on your Apple Device and as permitted by the Usage Rules set forth in the App Store Terms of Service.

b. Maintenance and Support. Lightcraft is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement (if any), or as required under applicable law. Lightcraft and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

c. Warranty. The Application is provided subject to the Disclaimer of Warranty and Limitation of Liability sections above. If any warranty is imposed by law in respect of the Application and not effectively disclaimed by that section, then in the event of any failure of the Application to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Lightcraft’s sole responsibility.

d. Product Claims. You and Lightcraft acknowledge that Lightcraft, not Apple, is responsible for addressing any claim you or any third party may have relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

e. Intellectual Property Rights: You and Lightcraft acknowledge that, in the event of any third party claim that the Application or your possession and/or use of the Application infringes a third party’s intellectual property rights, Lightcraft, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

f. Legal Compliance. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.

g. Developer Name and Address. Any questions, complaints, or claims relating to the Application and/or your use of the Application must be directed to: Lightcraft Technology, Inc., 130 North Avenue 61, Unit 104, Highland Park, CA 90042; Telephone: 310-821-3888 E-mail: support@lightcraft.pro

h. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Application.

i. Third Party Beneficiary. You and Lightcraft acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and is deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

j. Conflict. If this Agreement provides for usage rules for the Application that are in conflict with the then-current Apple Media Services Terms and Conditions or the Volume Content Terms as made available by Apple, then the terms of the Apple Media Services Terms and Conditions or the Volume Content Terms shall govern with respect to such conflict.