This is an agreement between MICO Inc., the owner and operator of www.micous.com (the "Mico Site"), the Mico software and Mico Client and Content (collectively, including all content available through the Mico Client and Content and Mico Site, the "Mico Service", or the "Service"), and you ("you" or "You"), a user of the Service.
BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, WHICH CAN BE FOUND AT http://www.micous.com/terms.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not agree to any of these terms, you may not use the Service.
These Terms of Service apply to all users of the Mico Service. The Mico provided status information may contain links to third party websites that are not owned or controlled by Mico. Mico has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mico will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Mico shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
A. Subject to your compliance with these Terms of Service, Mico hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Mico's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Mico with your phone number, as well as the phone numbers of third parties whom you wish to use the Service with. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to Mico to use the phone numbers you provide for use in providing you access and use of the Service. You may never use another person's phone number without their permission. You are solely responsible for the status message that is displayed for your phone number. You must notify Mico immediately of any breach of security or unauthorized use of your phone. Although Mico will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mico or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Service in a manner that sends more request messages to the Mico servers in a given period of time than a human can reasonably produce in the same period by using a Mico application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Mico grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mico reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Mico clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Status Submissions (as defined below).
In App Purchase and Subscription
In App Purchases. From time to time, Mico may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases.
What can I buy on Mico?
Mico offers you the opportunity to pay for certain services offered on the site. Mico’s VIP services include various opportunities to find and meet additional people, to customise your profile and to boost your profile so more people find you. Mico also offers the ability to play various games on the site. All of these VIP services can be purchased after you register, and you may subscribe to the VIP services for various lengths of time. Once you have paid for any VIP services, they are non-refundable. You can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
How do I renew my VIP services with Mico?
Once you have requested a Mico VIP service, you authorise Mico to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Mico are made as well as how such payments may be changed or cancelled. Your subscription to Mico’s VIP services will automatically renew until you decide to cancel, and if you have enabled the auto top-up feature, your account will automatically be topped up until you decide to disable this feature.
Intellectual Property Rights
The design of the Mico Service along with all text, scripts, graphics (including stickers), interactive features and the like made available in connection with the Mico Service (collectively, the "Mico Client and Content"), except all User Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mico, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the Mico Client and Content for personal and non-commercial purposes only. The Service, including the Mico Client and Content, is provided to you AS IS for your information and personal non-commercial use only. Mico reserves all rights not expressly granted in and to the Service and the Mico Client and Content. You agree to not engage in the use, copying, distribution or other exploitation of any of the Mico Client and Content other than expressly permitted herein, including any use, copying, or distribution of User Status Submissions of third parties obtained through the Service for any commercial purposes. You further agree not to use the Mico Client and Content in a manner that would infringe or violate the rights of any third party and that we are not in any way responsible for any such use by you.
User Status Submissions
A. The Mico Service permits the submission of status text and other communications submitted by you and other users ("User Status Submissions") and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, Mico does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because Mico is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Mico, and Mico makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mico to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to Mico, you hereby grant Mico a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Mico Service and Mico's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Mico Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Mico Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Mico Service.
C. In connection with User Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mico all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Mico or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Mico does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Mico expressly disclaims any and all liability in connection with User Status Submissions. Mico does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Mico will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Mico reserves the right to remove Content and User Status Submissions without prior notice. Mico may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Mico employees, agents, subagents, superagents or superheros. Mico also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Mico may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the Mico Service you will be exposed to User Status Submissions from a variety of sources, and that Mico is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of Mico. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mico with respect thereto, and agree to indemnify and hold Mico, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Mico permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. Mico reserves the right to discontinue any aspect of the Mico Service at any time.
You explicitly agree, in using "Meet Someone New", that you shall not provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, give rise to civil or criminal liability, or which may violate an applicable local, national or international law.
You agree that "Meet Someone New" may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on the Mico Service.
Although each user of "Meet Someone New" must agree to Our Terms of Service, Mico cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Customer acknowledges that the Product is experimental in nature and therefore, the Product is provided to Customer "AS IS" without warranty of any kind. Customer agrees to back up any data prior to using or accessing the Product or the Mico Site. Except as expressly provided herein, Mico, its licensors and Mico Affiliates shall not be responsible for any costs, expenses or other liabilities incurred by anyone as a result of the Product, Mico Site or Customer's use of or access to the Product or Mico Site.
YOU AGREE THAT YOUR USE OF THE Mico SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mico, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Mico MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mico SERVICE. Mico DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mico SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Mico WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
Limitation of Liability
IN NO EVENT SHALL Mico, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mico CLIENT AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Mico SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.
The Service is controlled and offered by Mico from its facilities in the United States of America. Mico makes no representations that the Mico Service is appropriate or available for use in other locations. Those who access or use the Mico Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Mico, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mico Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Mico Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the Mico Service is not intended for children under 13. If you are under 13
years of age, you are not permitted to use the Mico Service. You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. Micomiles is the developer of the Service and can be contacted at: email@example.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mico without restriction.
You agree that: (i) the Mico Service shall be deemed solely based in Delaware; (ii) the Mico Service shall be deemed a passive server that does not give rise to personal jurisdiction over Mico, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to
its conflict of laws principles. Any claim or dispute between you and Mico that arises in whole or in part from the Mico Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the Privacy Notice at http://www.micous.com/terms.html. Privacy and any other legal notices published by Mico, shall constitute the entire agreement between you and Mico concerning the Mico Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mico's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Mico reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the Mico Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Mico AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Mico SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Mico respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Mico of your infringement claim in accordance with the procedure set forth below.
Mico will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Mico's Copyright Agent at firstname.lastname@example.org(Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
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 the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Mico Service, with enough detail that we may find it on the Mico Service;
your address, telephone number, and email address;
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;
and 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 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 content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
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.
If a counter-notice is received by the Copyright Agent, Mico will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Apple-Enabled Software Applications
Mico offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Mico and you acknowledge that these Terms of Service are concluded between Mico and you only, and not with Apple, and that as between Mico and Apple, Mico, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Mico's sole responsibility, to the extent it cannot be disclaimed under applicable law.
Mico and you acknowledge that Mico, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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 Mico and Apple, Mico, 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 embargo, or that has been designated by the 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 Mico as follows:
Mico and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.