Terms of service
Welcome to the Sunday service (the "Platform") provided by Hopen Project SAS, whose registered office is 7 Rue Bourly - 33700 MERIGNAC or one of our affiliates mentioned in the Additional Terms - Specific to each country below insofar as you access the services in a given country (these entities will be collectively referred to as "Sunday" or "we").
Sunday Application : means the mobile and tablet version of the Sunday Solution that can be downloaded free of charge from the Apple Store or Play Store.
Member : refers to any natural person of legal age or legal entity established in metropolitan France who is in possession of the Sunday Box and the Sunday Remote Control.
Sweet Word : designates the messages written and sent by the Users of the Solution.
Service Provider: designates the company HOPEN PROJECT which publishes and develops the Solution.
Service : refers to the provision of the Solution by the Service Provider to the Customer and the Users.
Solution: means the SUNDAY platform developed, published and made available by the Service Provider, accessible via Sunday mobile applications on Android and IOS stores.
Sunday Box: refers to the TV box containing the entire Solution developed. The Sunday Box is connected via the HDMI port of the TV.
Sunday Go : designates the 3G Internet key, an accessory of the Sunday Box.
3G Sunday Box : designates the TV box containing the entire Solution developed. The Sunday Box is connected via the HDMI port of the TV + the Sunday Go.
Sunday Remote : refers to the remote that allows you to navigate through the content of the Solution.
Famil y: designates a group of close people using the Solution as a whole.
User : designates any person benefiting from access to the Solution, at the Customer's invitation.
You are aware of the terms and conditions of service (the "Terms") that govern this relationship and form an agreement between you and us, and set out the conditions under which you can access and use the Platform and our websites, services, applications, products and content (collectively referred to as the "Services"). Our Services are for private, non-commercial use. In these Terms, "you" and "your" refers to you as the user of the Services.
The Terms constitute a legally binding agreement between you and us. Please take the time to read them carefully.
The purpose of these Terms is to define the conditions of access and use of the Solution. The Solution allows you to share photos, videos, messages or documents on a TV screen.
The Solution is accessible via the Sunday Mobile Application. The Sunday Mobile Application must be coupled with a Sunday Box, which connects to a TV screen. You must create a Family and invite your friends and family to join it. Each member of the Family will then be able to share their photos and videos via the Sunday Mobile App. All uploads appear directly on the TV screen of the equipped Family member.
To notify a User of the arrival of each new photo or video, the heart of their Sunday Remote will light up.
The User can easily find all the uploads on his TV screen and can view them again whenever he wishes. The equipped family member likes his or her favourite photos using the "heart" button on his or her Sunday Remote and an "explosion of hearts" appears on the mobile phone of the sender of the message concerned, a notification indicating that the head of the Family liked the photo.
In the User's personal account, the mailings of the other members of the Family can be found.
With the Solution you can :
- Create a Family;
- Invite relatives to join this Family;
- Share photos with sweet words and videos on the TV screen of the equipped Family member;
- Discover each day the postings of other Family members on the personal space.
- Gather around your equipped Family Member to share convivial moments and create his or her personalized TV channel
This application works with the Sunday Box, available at : www.sunday.love.
2. Conditions of access to the solution
In order to access the Solution, the User must first register and create a user account. In order to be able to register, the Customer shall send him/her, by email or SMS, a link allowing him/her to connect to the Solution.
The User undertakes to fill in the registration form in good faith, without resorting to fancy data, and to provide accurate, up-to-date and complete data via the Mobile Applications.
The Service Provider, which does not have the means to ensure the identity of the persons registering on the Solution, cannot be held liable in the event of identity theft, use of a false name or any misleading information. The User undertakes to fill in his/her profile with content on which he/she holds all intellectual and industrial property rights, which does not infringe the rights of third parties and which is not contrary to public order and good morals. The User is only authorised to create a single user account.
By registering, the User chooses a password for strictly personal purposes and accepts these General Terms and Conditions by ticking the box provided for this purpose. When creating a user account, the User must provide the following information in a complete, accurate and truthful manner, taking care, if necessary, to keep it up to date: e-mail or telephone number; as well as a password.
The registered User is the only one authorized to use his or her login and password, which he or she undertakes to preserve and keep confidential, under his or her sole responsibility. The User undertakes to take all useful measures to ensure complete confidentiality. The User undertakes not to communicate, transfer, sell or sublet his login and/or password to a third party.
The User is obliged to immediately notify the Service Provider of any misappropriated or unauthorised use of his user ID, password and therefore his user account of which he is aware. This notification must be sent to the Service Provider by email here, which will then prohibit any access to the Site, using this identifier and password, within a maximum period of twenty-four (24) hours following receipt of this notification.
Access to the Solution by the User is either by entering his information after downloading the Sunday Mobile Application, or remotely from the link communicated to the Users, after having filled in the personal identifiers and passwords.
In the case of an invitation by another User: A User may invite an external person to join a Family. To do so, the User wishing to invite another User, addresses, either by email, messenger, Whatsapp or SMS, a six (6) digit code, which the invited User must copy and paste into the Sunday Mobile Application in order to join the said Family.
3. Acceptance of the Terms
If you access or use the Services from a country for which there are separate Additional Terms, you also hereby agree to the Additional Terms as described below applicable to users in each country, and in the event of any conflict between the provisions of the Additional Terms - Country Specific Terms that are relevant to your situation and the rest of these Terms, the Additional Terms - Country Specific Terms shall prevail. If you do not accept these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a company or entity, then (a) "you" and "your" includes that company or entity and yourself; (b) you represent and warrant that you are an authorized representative of the company or entity with authority to bind the entity to these Terms, and that you accept these Terms on behalf of the entity; and (c) your company or entity is legally and financially responsible for your access to and use of the Services, and also for the use of your account by other persons affiliated with your entity, including employees, agents or contractors.
You agree to the Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of the Terms from that point forward.
You are advised to print or save a copy of the Terms for your personal use.
4. Changes to the Terms and Conditions
We change these Terms from time to time, for example when we update the functionality of our Services, when we combine multiple applications or services managed by us or our affiliates into a single service or application, or when regulations change. We will use commercially reasonable efforts to notify all users of material changes to these Terms, including through a notice posted on our Platform. However, you should check the Terms regularly for such changes. Your continued access or use of the Services after the date of the new Terms will constitute your acceptance of the new Terms. If you do not accept the new Terms, you must stop accessing or using our Services.
5. Your account with us
To access or use some of our Services, you must create an account. When you create this account, you must provide accurate and up-to-date information. It is important that you update your information and any other information you provide to us, in order to keep such information current and complete.
It is important that you keep your account password confidential and that you do not share it with any third party. If you know or suspect that a third party knows your password or has accessed your account, please contact us.
You agree that you are solely responsible (to us and to others) for all activity that occurs under your account.
We reserve the right to deactivate your user account at any time if we reasonably believe that you have failed to comply with any provision(s) of these Terms or if any activity is taking place on your account that, in our sole discretion, may damage or disrupt the Services, infringe or violate the rights of any third party or violate any applicable law or regulation.
If you have any questions,Contact Us and we will assist you in guiding you through this process.
6. Your use of our services
Your access to and use of our Services is subject to these Terms and all applicable laws and regulations. You are not authorized to :
- access or use the Services if you are not over 13 years of age or fully capable of accepting these Terms;
- to the fullest extent permitted by applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works based on the Services, including, without limitation, files, tables, or documentation (or any part thereof), or identify or attempt to identify any source code, algorithms, methods, or techniques embodied in the Platform or derivative works thereof;
- distribute, license, assign or sell, in whole or in part, one or more of the Services or derivative works thereof;
- market, take or lease the Services for consideration, or use the Platform to advertise or make any commercial solicitation; use the Services, without express written consent, for any commercial or unauthorized purpose, including the communication or facilitation of advertisements, commercial solicitations or the sending of junk mail;
- interfere or attempt to interfere with the proper working of the Services, disrupt our website or networks connected to the Services, or circumvent any measures we may use to prevent or limit access to the Services;
- incorporate the Platform or any part thereof into another program or product. In such cases, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- use automated scripts to collect information from or otherwiseinteract with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity, including by creating the appearance that any content you upload, post, transmit, distribute or otherwise communicate originates from the Services;
- intimidate or harass another person, promote sexually explicit material, violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another person's account, service or system without Sunday's permission, or create a false identity on the Services;
- use the Services in a way that could create a conflict of interest or compromise the objectives of the Services, including exchanging criticism with other users or writing or soliciting criticism from false customers who are accomplices;
- use the Services to transfer, transmit, distribute, store or otherwise communicate:
- files containing viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material;
unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- personal information about third parties, including addresses, telephone numbers, e-mail addresses, personal identification numbers and elements (e.g. social security numbers, passport numbers) or credit card numbers;
- content that infringes or may infringe a copyright, trademark or other intellectual property or privacy rights of another person; content that is defamatory to any person, obscene, abusive, pornographic, hateful or inflammatory;
- content that would constitute, encourage, or provide instructions for a crime, dangerous activity, or self-injury;
- Content that is deliberately designed to provoke or annoy people, including troll and bullying messages, or that is intended to harass, harm, injure, frighten, torment, annoy or upset people;
- Content that presents a threat of any kind, including threats of physical violence;
- racist or discriminatory content, including discrimination on the grounds of a person's race, religion, age, gender, disability or sexuality ;
- responses, reactions, comments, opinions, analyses or recommendations that you are not authorized to provide, or otherwise qualified to provide; or
- content which, in Sunday's sole discretion, is unacceptable or limits or prevents the use of the Services by another person, or which may expose Sunday, the Services or its users to prejudice or liability of any nature whatsoever;
In addition, your access to and use of the Services must, in all circumstances, comply with our Community Guidelines.
We we reserve the right, at any time and without notice, to remove or disable access to the content at our discretion and for any reason. The reasons for which we may remove or disable access to content may include, but are not limited to, that the content is unacceptable to us, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users.
7. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. For example, you must not transfer on the Platform any content belonging to another person. We reserve the right, with or without notice, at any time and in our sole discretion, to block access to accounts and/or terminate the accounts of any user who infringes or is alleged to infringe copyright or other intellectual property rights.
A. Content Sunday
As between you and Sunday, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio and video recordings, music and the "look and feel" of the Services, and all other intellectual property rights therein (the "Sunday Content"), are owned or licensed by Sunday, provided that you or your licensors own the User Content (as defined below) that you transfer or transmit via the Services. The use of Sunday Content or materials from the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose without our prior written consent or, where applicable, that of our licensors. We and our licensors reserve all rights not expressly granted to us inherent in and relating to their content.
You acknowledge and agree that we may generate revenue, increase our customer base or otherwise increase our value through your use of the Services, including, for example and without limitation, through the sale of advertisements, sponsorships, promotions, usage data and Gifts (as defined below) and, except as specifically permitted under these Terms or any other agreement with us, you will not be permitted to disclose such data regarding our revenue, customer base or value in any way. You also acknowledge that, except as specifically permitted under these Terms or another agreement with us, you (i) may not claim any income or other consideration for User Content (as defined below) or for your use of any music, sound recordings or audio-visual clips made available to you or obtained through the Services, and (ii) may not claim any income or other consideration for any User Content (as defined below) or for your use of any music, sound recordings or audio-visual clips made available to you or obtained through the Services, including User Content created by you, and you (ii) may not claim any right to monetize or obtain consideration for User Content as part of the Services or any third party service (for example, you may not claim User Content that has been transferred to a social media platform, such as YouTube, for monetization).
Subject to these Terms, you are hereby granted a revocable, non-sublicensable, non-transferable, limited and non-exclusive worldwide license to access and use the Services, including without limitation to download the Platform on an authorized device, and to access Sunday Content only for your personal, non-commercial use of the Services and only in accordance with these Terms. Sunday reserves all rights not expressly granted herein to the Sunday Services and Sunday Content. You acknowledge and agree that Sunday may terminate this license at any time for any reason or no reason.
You acknowledge and agree that when you view content provided by others on the Services, you do so at your own risk. The content of our Services is provided for informational purposes only. It is not intended to be equivalent to advice that you should rely on. You should obtain professional or specialist advice before taking, or refraining from taking, any action based on the content of our Services.
We make no representation, warranty or assurance, express or implied, that any Sunday Content (including User Content) is accurate, complete or current. Where our Services contain links to other sites and resources provided by third parties, such links are provided solely for your information. We have no control over the content of those sites or resources. These links should not be construed as an endorsement by us of those websites or of any information you may obtain from them. You acknowledge that we are under no obligation to pre-screen, monitor, review or edit the content published by you and other users on the Platform (including User Content).
B. User-Generated Content
Users of the Services may be permitted to upload, post or transmit (e.g., via a feed) or otherwise communicate content through the Services, including, but not limited to, text, photographs, user videos and audio recordings described herein, including, but not limited to, videos containing recordings from your ambient sound environment ("User Content"). The information and elements offered in the User Content, including User Content that includes Sunday Elements, have not been verified or approved by us. Opinions expressed by other users regarding the Services (including through the use of virtual gifts) do not represent our views or values.
You may choose to upload or transmit your User Content, including User Content that includes Sunday Items, to sites or platforms hosted by third parties. If you choose to do so, you must comply with their content guidelines and the standards set forth in Section 7 above.
You warrant that all such contributions comply with these standards. You will therefore be liable to us and compensate us for any breach of this warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of the warranty.
User Content of any kind will be considered non-confidential and non-private. You must not post any User Content on or through the Services or transmit to us any User Content that you deem confidential or private. When you submit User Content via the Services, you agree and represent that you own such User Content, or that you are authorized or empowered by the owner of any such content to submit it to the Services, to transmit it from the Services to third party platforms and/or to adopt third party content.
You or any person holding rights in your User Content remains the owner of the copyright associated with the User Content communicated to us. However, by submitting User Content to us through the Services, you hereby grant us a perpetual, fully transferable, royalty-free, non-exclusive, irrevocable and unconditional worldwide license to use, modify, adapt, and/or transmit, and/or distribute and to authorize other users of the Services and other third parties to view, access, use, create derivative works from, publish and/or transmit your User Content in any form and on any platform, whether or not such works are known or invented after the signing hereof.
You also hereby grant us a free license to use your username, image and likeness to identify you as the source of all your User Content.
C. Public Access Rights.
All rights associated with your User Content that you grant under these Terms are public access rights, which means that the owners or operators of third party services will not be individually liable to you or to any third party for any posting or use of User Content on that third party's service through the Services.
D. Waiver of Rights Associated with User Content.
By posting User Content on or through the Services, you waive all rights to prior inspection or approval of any marketing or promotional materials associated with such User Content. You also waive all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content or any part thereof. To the extent that moral rights are not transferable or assignable, you hereby waive and agree that you will not assert any moral rights whatsoever or endorse, maintain or authorize any action based on your moral rights or in respect of any User Content that you Post on or through the Services.
In certain circumstances, we may also lawfully disclose your identity to a third party claiming that User Content posted or transferred by you on our Services violates their intellectual property rights or privacy rights.
We, or authorized third parties, reserve the right to edit, crop, modify or refuse to publish your content at our or their sole discretion. We may automatically remove, reject, block or delete any posting you make on our Platform if we believe that your posting does not comply with the content standards set forth in Section 5 (Your Use of Our Services) above. In addition, we have the right (but not the obligation) to remove, reject, block or delete, in our sole discretion, any User Content (i) that we believe is contrary to these Terms or (ii) in response to complaints by other users or third parties, with or without notice and without liability to you. Therefore, we recommend that you retain copies of all User Content that you post on the Services from your personal device(s) in the event that you wish to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of the User Content and we are not responsible for the User Content under any circumstances.
It is up to you to decide whether your User Content published on the Services is made available to all other users of the Services or only to persons you approve.
We accept no responsibility for User Content submitted by users and published by us or authorized third parties.
If you wish to make a complaint about information and content transferred by other users, please Contact Us.
Sunday takes reasonable steps to promptly remove from our Services any infringing content brought to our attention. It is Sunday's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe the copyrights or intellectual property rights of others.
While our own staff works tirelessly to develop and evaluate our own product-related ideas and features, we value the interests, observations, comments and suggestions we receive from our user community. If you decide to contribute to this effort by sending us ideas for products, services, features, modifications, improvements, content, enhancements, technologies, content offerings (audio-visual, games or other types of content), promotions, strategies or product/function names or any related documentation, illustrations, computer code, diagrams or other content (collectively "Comments"), regardless of the content of the accompanying communication, the following conditions apply so as to avoid any subsequent misunderstandings. Therefore, by sending us your Comments, you agree that :
We are under no obligation to review, analyze or implement your Submission or to return all or any part of your Submission to you for any reason whatsoever;
the Submissions are provided on a non-confidential basis and we are not required to keep the Submissions you send us confidential or to refrain from using or disclosing them in any way;
You grant us an irrevocable, perpetual and unrestricted license to distribute, create derivative works from, modify, publicly perform (including on a public access basis), communicate, make available, publicly display, and otherwise use and exploit the Submission and any content derived therefrom for any purpose and without restriction, free of charge and without attribution, including creating, using, selling, offering, importing and promoting commercial products and services that incorporate or represent all or any part of the Submission, either as is or after modification.
9. Disclaimer of Liability
You agree to defend, indemnify and hold harmless Sunday, its parents, subsidiaries and affiliates, and each of their respective officers, employees, agents and advisors from and against any and all claims, liabilities, costs and expenses, including without limitation, arising out of any breach by you or any user of your account of these Terms or arising out of a breach by you of your obligations, representations and warranties under these Terms.
10. Exclusion of Warranties
Nothing in these terms and conditions shall affect any legal rights which you cannot contractually agree to modify or waive and which you are still legally entitled to enjoy as a consumer.
The Services are provided "as is" and we make no warranties or representations to you about them. In particular, we do not represent or warrant to you that:
- your use of the services will meet your requirements;
- your use of the services will be uninterrupted, timely, secure or error-free;
- the information obtained by you as a result of your use of the Services will be accurate or reliable;
defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
No terms, warranties or other conditions (including implied warranties of satisfactory quality, fitness for a particular purpose or conformance with description) apply to the Services except as expressly set forth in the Terms. We may change, suspend, withdraw or limit the availability of all or part of our platform for business or operational reasons at any time without notice.
11. Limitation of Liability
Nothing in these terms and conditions shall exclude or limit our liability for damages that cannot be excluded or limited under applicable law. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the above paragraph, we will not be liable to you for :
- (i) loss of profit (suffered directly or indirectly); (ii) loss of goodwill; (iii) loss of business; (iv) loss of data suffered by you; or (v) indirect or consequential losses which may be suffered by you. Any other loss will be limited to the amount paid by you to sunday in the last 12 months.
- loss or damage you may suffer as a result of your reliance on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the service;
- any changes we may make to the Services, or the temporary cessation of the provision of the Services (or any features within the Services);
- the deletion, corruption or failure to store any Content and other communications data maintained or transmitted in connection with your use of the Services; Your failure to provide us with accurate account information; or that you do not maintain the security or confidentiality of your password or account information.
Please note that we provide our platform for domestic and private use only. You agree not to use the platform for commercial or professional purposes, and we shall have no liability to you for any loss of profit, loss of goodwill or business reputation.
We will not be liable for any damages that you could have avoided by following our advice to apply an update that is offered to you free of charge or for damages due to the fact that you did not correctly follow the installation instructions or set up the recommended minimum system requirements.
These limitations of our liability to you will apply whether or not we were aware or ought to have been aware of the risk of such losses occurring.
You are responsible for all mobile phone charges that may apply to your use of our service, including the cost of sending text messages and data transmission. If you are unaware of these charges, you should check with your service provider before using the service.
To the fullest extent permitted by law, all disputes with any third party arising out of your use of the Services, including, for example and without limitation, copyright holders, holders of copyrights or other users, are solely between you and such third party, and you irrevocably release us from all claims, demands and damages (actual and consequential), whatsoever, known and unknown, arising out of or in connection with such disputes.
12. Other terms and conditions
Applicable law and jurisdiction for users based in the European Union. These Terms, their subject matter and formation shall be governed by the laws of Singapore, subject only to the mandatory provisions of the consumer law applicable in your country of residence. The United Nations Convention on Contracts for the International Sale of Goods and any other laws, regulations or statutes in force in other jurisdictions do not apply. You and Sunday irrevocably agree that the courts of your country of residence shall have non-exclusive jurisdiction to resolve any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with this Agreement, its subject matter or formation. You may also take the dispute to another dispute resolution body through the European Commission's Online Dispute Resolution (ODR) Platform.
- Entire agreement : These Terms (including the Additional Terms below) constitute the entire legal agreement between you and Sunday, govern your use of the Services and supersede in their entirety all prior agreements between you and Sunday relating to the Services.
- Links : You may link to our home page, provided that you do so fairly and legally and without damaging our reputation or taking advantage of it. You must not establish a link in a way that suggests any form of association, approval or endorsement on our part where none exists. You must not link to our Platform on any website that is not owned by you. The website to which you place the link must comply with all content standards set out in Section 5 (Your Use of Our Services) above. We reserve the right to revoke your permission to link without notice.
- Age limit : The Platform is intended for use by persons 13 years of age and older. By using the Platform, you confirm that you are over the relevant age specified above. If we learn that someone under the age specified above is using the Platform, we will terminate their account.
- No Waiver : Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
- Security: We do not warrant that our Platform will be secure or free of bugs or viruses. It is your responsibility to configure your information technology, computer programs and platform to access our Platform. You must ensure that you keep your applications up to date in order to obtain the optimal version of the Platform. You will need to use your own anti-virus software.
- Severability : If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision shall be severed from the Terms without affecting the remaining Terms, and the remaining provisions of the Terms shall remain valid and enforceable.
Any questions ? Contact us
13. Additional conditions - App stores ("App Stores")
To the extent permitted by the applicable law, the following additional conditions shall apply:
Apple Terms and Conditions. By accessing the Platform through a device produced by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
- Apple is not a party to these Terms and Conditions between you and Sunday.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive and non-transferable right to install the Platform on Apple-authorized Apple devices owned or controlled by you for your personal, non-commercial use, subject to the Usage Rules set forth in the Apple App Store Terms of Service.
- Apple is not responsible for the Platform or its contents and is under no obligation to provide maintenance or support services for the Platform.
- If the Platform does not comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Platform if applicable. To the fullest extent permitted by applicable law, Apple will have no further warranty obligations with respect to the Platform.
- Apple is not obligated to address any claims brought by you or any third party in connection with the Platform, including but not limited to (a) product liability claims; (b) claims that the Platform does not comply with applicable legal or regulatory requirements and claims under consumer protection or similar legislation.
- If a claim is made by a third party that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, Apple will not investigate, defend, settle, or dismiss such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as "supporting terrorism" and (b) you are not on the U.S. Government's list of parties subject to prohibitions or limitations.
- Apple and its affiliates are third party beneficiaries of these Terms, and so long as you agree to the terms and conditions of these Terms, Apple will have the right (and will be deemed to have agreed to such right) to enforce these Terms against you as a third party beneficiary of these Terms.
- Sunday expressly permits use of the Platform by multiple users through the Family Sharing feature or other similar functionality provided by Apple.
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or its affiliates ("Google"), you specifically acknowledge and agree that:
- to the extent that there is any conflict between (a) the Google Play Terms of Service and the Google Play Commercial and Program Policies or other terms designated by Google as the default end-user license terms for Google Play (collectively, the "Google Play Terms") and (b) the other terms and conditions of these Terms, the Google Play Terms shall apply with respect to your use of the Platform when you download it from Google Play, and
- you hereby acknowledge that Google is under no obligation to monitor Sunday's or your (or any other user's) compliance with these Terms or the Google Play Terms and shall not be liable for any breach thereof.
To view Sunday's standards page, click here.