Terms of Service

This document was last updated on July 12, 2012

1 License

1.1 Governing Agreement

The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and PlusSide, Inc., (hereinafter "PlusSide" or "Us" or "We") regarding your use of any PlusSide website or application.

1.2 Privacy Policy

Use of PlusSide websites and applications is also governed by PlusSide’s Privacy Policy. Your privacy is important to PlusSide. PlusSide’s Privacy Policy is intended to make important disclosures about how PlusSide collects and uses your content and information and how you can use PlusSide websites and applications to share such information with others. We encourage you to read the PlusSide Privacy Policy carefully and use it to make informed decisions. By creating an account or accessing or using any PlusSide website or application you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in PlusSide’s Privacy Policy.

1.3 Updates to the Terms of Service and Privacy Policy

PlusSide reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the PlusSide website. You may also be given additional notice, such as an e-mail message or messaging within PlusSide websites or applications, of any changes. You will be deemed to have accepted such changes by continuing to use any PlusSide website or application. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted.

1.4 End User License Agreement

1.4.1 Subject to the terms of this Agreement, PlusSide grants you a non-transferable, non-exclusive, license to (a) use PlusSide websites and applications for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each application on a mobile device that you own or control for your use (the “License”).

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

1.4.3 PlusSide makes no representation that any PlusSide website or application is appropriate for use in locations other than the United States. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. PlusSide applications and the website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by United States or your local laws; (b) not use applications or the website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide applications to prohibited countries and entities identified in the United Statesexport regulations. By accepting these Terms You confirm that You are not a resident or citizen of any country currently embargoed by the United StatesA list of embargoed countries is available at the official website of the Office of Foreign Assets Control of the United StatesDepartment of the Treasury at: http://www.treas.gov/ofac/.

1.4.4 PlusSide reserves the right, at any time, to modify, suspend, or discontinue any PlusSide website or application or any part thereof with or without notice. You agree that PlusSide will not be liable to you or to any third party for any modification, suspension, or discontinuance of any PlusSide website or application or any part thereof.

1.4.5 Any PlusSide application provided to you is licensed to you and not sold. PlusSide (and its licensors, if applicable) own all right, title and interest, including all related intellectual property rights, in and to any PlusSide website or application, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any PlusSide website or application. All names, logos, and the product names associated with any PlusSide website or application belong to PlusSide (or its licensors, if applicable), and no right or license is granted to use them by implication, estoppel or otherwise. PlusSide (and its licensors, if applicable) reserve all rights not granted in this Agreement.

1.4.6 PlusSide applications may periodically examine the contents of your device to determine the presence of other PlusSide applications on the device. The PlusSide application will transmit the results of that examination to PlusSide and our advertising service providers to be used in targeting advertisements to your device.

1.4.7 You must provide all equipment and software necessary to connect to the PlusSide applications and website, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are responsible for any fees, including internet connection, data or mobile fees that you incur when accessing the Service.

2 User Content

2.1 “User Content” means any and all content that such user uploads, distributes, or otherwise provides via any PlusSide website or application. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by PlusSide. PlusSide is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

2.2 By uploading, distributing, or otherwise using your User Content with any PlusSide website or application, you automatically grant, and you represent and warrant that you have the right to grant, to PlusSidean irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any PlusSide website or application.

2.3 If you provide PlusSide any feedback or suggestions (“Feedback”), you hereby assign to PlusSide all rights in the Feedback and agree that PlusSide shall have the right to use such Feedback and related information in any manner it deems appropriate. You agree that you will not submit to PlusSide any information or ideas that you consider to be confidential or proprietary. PlusSide will treat any feedback you provide to PlusSide as non-confidential and non-proprietary.

2.4 The following sets forth PlusSide’s “Acceptable Use Policy”:

2.4.1 You agree not to use any PlusSide website or application to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.

2.4.2 You agree not to use any PlusSide website or application to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to any PlusSide account, website or application or servers or networks connected to any PlusSide website or application (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any PlusSide website or application.

2.5 PlusSide reserves the right (but hasno obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.

2.6 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PlusSide’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:

support@plusside.com

or:

Copyright Agent

PlusSide, Inc.

3130 Alpine Road #228 #222

Portola Valley, CA 94028

Please provide our Agent with the following Notice:

a) Identify the material on the PlusSide site that you claim is infringing, with enough detail so that we may locate it;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

PlusSidewill remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

3 Term and Termination

3.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use any PlusSide website or application, unless earlier terminated in accordance with this Agreement.

3.2 Notwithstanding the forgoing, if you used any PlusSide website or application prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any PlusSide website or application (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any PlusSide website or application, unless earlier terminated in accordance with this Agreement.

3.3 PlusSide may (a) suspend your rights to use any PlusSide website or application, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, PlusSide reserves the right to terminate its Agreement with any user who allegedly or repeatedly infringes third party copyrights upon prompt notification to PlusSide by the copyright owner or the copyright owner’s legal agent.

3.4 Upon termination of this Agreement, your right to use any PlusSide website or application will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from any PlusSide website or application. PlusSide will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, applicable provisions of this Agreement will remain in effect.

4 Indemnity

4.1 You agree to defend, indemnify and hold harmless PlusSide (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any PlusSide website or application, (ii) your User Content, or (iii) your violation of this Agreement. PlusSide reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PlusSide and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PlusSide. PlusSide will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5 Third Parties

5.1 You acknowledge and agree that the availability of any PlusSide application is dependent on the third party from which you received the PlusSide application, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and PlusSide and not with the Application Store. The Application Store is not responsible for the PlusSide application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with any PlusSide application (if any). You agree to comply with, and your license to use any PlusSide application is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using any PlusSide application. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.

5.2 PlusSide may permit certain third party applications (like leaderboards) to provide content through the app (“Third Party Services”). The PlusSide application may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, PlusSide will share information with the Third Party Service as described in the PlusSide Privacy Policy. PlusSide is not responsible for and does not control Third Party Services. PlusSide provides these Third Party Services only as a convenience to you. PlusSide has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services

5.3 PlusSide websites and applications may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). PlusSide is not responsible for and does not control Third Party Sites & Ads. PlusSide provides these Third Party Sites & Ads only as a convenience to you. PlusSide has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.

5.4 Other Users. The PlusSide websites and applications may contain User Content provided by other users of the PlusSide websites and applications. PlusSide is not responsible for and does not control User Content. PlusSide has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that PlusSide will not be responsible for any liability incurred as the result of any such interactions.

5.5 You hereby irrevocably and unconditionally release and forever discharge PlusSide (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Site or app users, or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

6 Disclaimers

6.1 THE PLUSSIDE WEBSITES AND APPLICATIONS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND PLUSSIDE (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. PLUSSIDE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE PLUSSIDE WEBSITES AND APPLICATIONS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN THOSE JURISDICTIONS, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7 Limitation on Liability

7.1 IN NO EVENT SHALL PLUSSIDE (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR PLUSSIDE’S PRIVACY PRACTICES, THE SITE OR APP, EVEN IF PLUSSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLUSSIDE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR PLUSSIDE’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PLUSSIDE IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL PLUSSIDE’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS, CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8 Fees

8.1 You agree to pay the applicable fee (to us or the applicable distributor) for the PlusSide applications you download and for any in-app purchases you make.

9 General

9.1 Governing Law and Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and PlusSide arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Site and any app.YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND PLUSSIDE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND PLUSSIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and PlusSide must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, CA. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in San Francisco, California. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Francisco, California. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.

9.2 If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

9.3 This Agreement is the final, complete and exclusive agreement of you and PlusSide with respect to the subject matters hereof (including any PlusSide website or application) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Neither you nor PlusSide is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without PlusSide’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. PlusSide may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.

10 Apple Application Store Additional Terms and Conditions

10.1 The following additional terms and conditions apply to you if you are using an application from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to applications from the Apple Application Store.

10.2 Acknowledgement: PlusSide and you acknowledge that this Agreement is concluded between PlusSide and you only, and not with Apple, and PlusSide, not Apple, is solely responsible for any PlusSide application and the content thereof. To the extent this Agreement provides for usage rules for the application that are less restrictive than, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.

10.3 The license granted to you for any PlusSide application is limited to a non-transferable license to use the PlusSide application on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

10.4 PlusSide is solely responsible for providing any maintenance and support services with respect to any PlusSide application, as specified in this Agreement (if any), or as required under applicable law. PlusSide and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to app.

10.5 PlusSide is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any PlusSide application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for any PlusSide application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any PlusSide application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PlusSide’s sole responsibility.

10.6 Product Claims: PlusSide and you acknowledge that PlusSide, not Apple, is responsible for addressing any claims of you or any third party relating to app or your possession and/or use of any PlusSide application, including, but not limited to: (i) product liability claims; (ii) any claim that any PlusSide application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PlusSide’s liability to you beyond what is permitted by applicable law.

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

10.8 Legal Compliance: 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.

10.9 Developer Name and Address: PlusSide’s contact information for any end-user questions, complaints or claims with respect to app is PlusSide Inc. 3130 Alpine Road #288 #222, Portola Valley, CA 94028. www.plusside.com support@plusside.com

10.10 Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using app.

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