") CAREFULLY BEFORE DOWNLOADING OR OTHERWISE USING THE SERVICES (DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT DOWNLOAD OR USE THE SERVICES.
These Terms apply to the WattsApp
mobile application and other applications, websites, online services and interactive features that post these Terms (collectively, the "Services
"). The Services are owned or operated by Phasium LLC ("Phasium
" or "we
" or "our
"). These Terms do not apply to any other application, website, online service, interactive feature or any offline activities by Phasium (unless specifically stated). By downloading, accessing or using the Services, you agree to be bound by these Terms. You affirm that you have the capacity to agree to these Terms and are of legal age to do so.
When using particular services or features of the Services, these Terms and a separate guidelines document, payment terms or end user license agreement may apply to your use of that service or feature ("Additional Terms
"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and Phasium agree that disputes between you and Phasium will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
OWNERSHIP OF SERVICES MATERIALS
The Services include, without limitation, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; trademarks, logos, and service marks; audio; music; videos; designs; games; technology; applications; artwork; information; data; compilations; any and all copyrightable material (including without limitation source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the materials of the Services; and all other materials related to the Services (collectively, "Materials
The Materials are owned by or licensed to Phasium and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Phasium, no rights in the Materials (either by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Services. You may only use the Materials as expressly set forth in these Terms. Unauthorized use, copying, reproduction, storing, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplicating, removal, alteration, or any other misuse of any of the Materials is strictly prohibited.
Subject to your strict compliance with these Terms and any Additional Terms, Phasium grants you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any source code associated with the Services (except to the extent any foregoing restriction is prohibited by applicable law). You also agree that you will not, including without limitation by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Materials, except as expressly provided in these Terms. You may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized Phasium signatory. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Services. Any and all rights to use the Services that are not expressly granted to you under these Terms are reserved for Phasium or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Phasium's rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal, state, provincial and/or other laws and could result in civil and criminal liability.
Please do not send unsolicited ideas, creative suggestions, comments, questions and/or any related materials (e.g. audio, songs, photographs, and/or videos) or other content through the Services or to any Phasium Party (defined below) ("Unsolicited Submissions
"). We wish to avoid any misunderstandings when projects developed by or on behalf of Phasium may seem to others to be similar to their own creative ideas or materials. Therefore, please do not send Phasium Unsolicited Submissions via any means, including, without limitation, for songs, music, applications, video, motion pictures, television programs, websites or other products or services. However, if you decide to submit any such Unsolicited Submissions, you agree that you automatically and irrevocably grant to Phasium an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your Unsolicited Submissions, including without limitation all copyrights, patents, trademarks, service marks, trade names, trade identities, trade secrets, logos, domain names, know-how, source code and object code, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your Unsolicited Submissions. You further agree that, to the fullest extent permitted by applicable law, Phasium Parties will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display (whether publicly, digitally or otherwise), disclose, adapt, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture and use for advertising, marketing, publicity and promotional purposes, any of your Unsolicited Submissions or portions of your Unsolicited Submissions, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. You acknowledge that the Phasium Parties may be working on or developing material similar or the same in nature to your Unsolicited Submissions and that Phasium Parties may have received similar or the same intellectual property rights from another party. Phasium Parties owe you no obligation to your Unsolicited Submissions unless you and Phasium enter a written agreement to that effect. If your Unsolicited Submission is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussion or negotiations between you and any Phasium Party regarding your Unsolicited Submissions does not constitute Phasium's recognition of the novelty or originality of your Unsolicited Submissions. You hereby waive (and consent to us performing any acts or omissions in relation to your Unsolicited Submissions associated materials that may be inconsistent with) any moral rights or other rights you may have in and to any of your Unsolicited Submissions, even if the Unsolicited Submissions or a derivative work is altered or changed in a manner not agreeable to you.
LINKS TO THIRD-PARTY CONTENT
Links on the Services to third-party websites, content or services are provided as a convenience to you. If you use these links, you will leave the Services. Phasium does not control or endorse any such third-party websites, content or services, and your dealings with such third parties are solely between you and such third parties. You agree that none of the Phasium Parties will be responsible or liable for (a) any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party links on the Services; (b) for any content, goods or services provided on or through third-party websites or services; or (c) for your use or inability to use such third-party websites. You use these links at your own risk. We encourage you to review such third parties' user terms and privacy policies before you use their services.
Phasium grants you the revocable permission to link to the Services; provided, however, that any link to the Services: (a) must not present false information about Phasium Parties or our products or services, any Phasium Party's property or any other intellectual property; (b) must not create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Phasium (including, without limitation, Reggie Watts); (c) must not frame or create a browser or border environment around any of the content on the Services or otherwise mirror any part of the Services; (d) must not use any Phasium Party's trademarks without the prior written permission from Phasium; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Phasium's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Phasium's sole discretion). If you do link to the Services, the link must be in plain text, unless otherwise pre-approved in writing by Phasium. Phasium reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Services or these Terms. By linking to the Services, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Phasium reserves the right to prohibit linking to the Services for any reason in our sole and absolute discretion.
We may grant you -- but only through express written permission -- the limited, revocable permission to engage in certain expressly described personal uses of Materials that include the ability to share the Materials with others (“Viral Distribution
”). If we authorize Viral Distribution, you will: (a) only engage in the same for non-commercial purposes without charging or allowing any third-party to charge for access to the applicable Materials; (b) not associate the Materials or allow any third-party to associate the Materials with other products, services or advertising; and (c) always remain in compliance with third-party terms and conditions. You agree that you will not post any claims about a Phasium product or service when engaging in Viral Distribution. But it would be acceptable to state “I Love Reggie Watts” with your Viral Distribution. In other words, you understand that only Phasium or Reggie Watts can make claims, promises or statements on behalf of Phasium about its products or services. You also agree that you will not imply that you and Phasium/Reggie Watts are affiliated in any way or that Phasium/Reggie Watts approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason, and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any terms we post in connection with the Viral Distribution of Materials.
If expressly permitted and made available on the Services, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
YOUR OBLIGATIONS WHEN ACCESSING THE SERVICES
You agree that you will be responsible for obtaining and maintaining all devices, cellular technologies, computer hardware and other equipment needed to access and use the Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Services, including, without limitation, those governing your transmission or use of any software or data. Message and data rates and other carrier fees may apply to your download and use of the Services, (including our mobile application). Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features and certain features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of features will be disclosed in connection with such features.
If you download any software or files from the Services, including, without limitation, any audio files, video files, data files, images incorporated in or generated by the software or files, data accompanying the download and any files transmitted to you as part of a Phasium service (collectively, the "Downloads
"), you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license in such Downloads by us or the owner of the Downloads. Title to the Downloads is not transferred to you. You may own the medium on which the Downloads are recorded, but we or the owner of such Downloads retain all right, title, and interest in and to the Downloads, and all intellectual property rights in the Downloads. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the Downloads to a human-perceivable form (except to the extent any foregoing restriction is prohibited by applicable law), or transfer the Downloads to any third party. Any Downloads are done at your own discretion and risk and you will be solely responsible for any damage to your device or loss of data that results from such Downloads.
The Services may offer products or services for sale and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. Phasium may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on your orders.
Sometimes the Services may offer products or services for sale via our Services, which may be hosted and run by a third-party service provider. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Phasium shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. Phasium shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is properly canceled, Phasium or its payment processor will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Phasium’s acceptance of your order, nor does it constitute confirmation of Phasium’s offer to sell. Phasium reserves the right at any time after receipt of your order to accept or decline your order for any reason. Phasium reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Phasium may require additional verifications or information before accepting any order.
SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or promotions ("Promotions
") accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable Promotion.
The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Phasium to any registration requirement within such jurisdiction or country. Phasium controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from this Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, accessing or using the services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
To the fullest extent permitted by law, you agree to indemnify, defend and hold Phasium and its affiliated companies and their respective officers, directors, employees, agents, suppliers and other representatives, including without limitation Reggie Watts (each, a "Phasium Party
" and, collectively, "Phasium Parties
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services (including, without limitation, all Materials, information, links, messages, Downloads, features, and in-app purchases) is provided to you on an "as is," “where is,” “where available” and "with all faults" basis, and without warranties or conditions of any kind, either express, implied, or statutory. To the fullest extent permissible pursuant to applicable law, the Phasium Parties expressly disclaim all warranties associated with the Services, express, implied, or statutory, including without limitation implied warranties of title, non-infringement, merchantability, custom, trade, quiet enjoyment, system integration, freedom from computer virus, and fitness for a particular purpose. Without limiting the foregoing and to the fullest extent permitted by applicable law, the Phasium Parties do not warrant that your use of the Services will be timely, uninterrupted, error-free, or secure, that defects or errors will be corrected, or that the Services (or the server that makes it available) is free of viruses, malware or other harmful components.
You assume responsibility and risk for your use of the Services and your reliance thereon. To the fullest extent permitted by applicable law, no opinion, advice, or statement of any Phasium Party, whether made on the Services or otherwise, shall create any warranty not expressly stated herein.
Further, the Phasium Parties do not warrant that your activities or use of the Services are lawful in any particular jurisdiction and, in any event, Phasium specifically disclaims such warranties.
You understand that by using any of the features of the Services, you act at your own risk, and you represent and warrant that your activities are lawful in the jurisdiction where you access or use the Services.
All disclaimers of any kind in these Terms are made for the benefit of both Phasium and the Phasium Parties.
LIMITATION OF LIABILITY
Nothing in these Terms restrict, exclude or modify or purport to restrict, exclude or modify any mandatory statutory consumer rights under applicable law.
In respect of any conditions, warranties, or guarantees that cannot be excluded under statute, to the extent permitted under applicable law, the liability of the Phasium Parties is limited (at their option) to the resupply or refund of the cost of the relevant portion of the Services.
To the fullest extent permissible pursuant to applicable law, none of the Phasium Parties are responsible or liable for any indirect, incidental, consequential, special, or exemplary damages whatsoever, or losses that were not foreseeable to you or Phasium at the time you agreed to these Terms, under any contract, tort (including without limitation negligence), strict liability or other theory arising out of or relating in any way directly or indirectly, to: (a) the Services (including without limitation all information, products, services, Downloads, features, purchases and the Materials and other content contained on and/or obtained through the Services); (b) your use of or inability to use, or the performance of, the Services; (c) any action taken in connection with an investigation by the Phasium Parties or law enforcement authorities regarding your use of the Services; (d) errors or omissions in the Services' technical operation; or (e) any damage that results from events beyond our reasonable control, such as damages to any user's device, hardware, device software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable (to the extent permitted by applicable law) or even if the Phasium Parties have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, your sole remedy for dissatisfaction with any portion of the Services is to stop using the Services, and the sole and exclusive maximum aggregate liability to the Phasium Parties for all damages, losses, and causes of action (whether in contract, tort (including without limitation negligence), or otherwise) shall be the greater of ten United States dollars ($10) or the total amount paid by you, if any, to access the Services. The foregoing limitation on damages is not intended to limit the Phasium Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law.
The Phasium Parties do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes, without limitation, liability for death or personal injury caused by Phasium’s negligence or the negligence of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
Except to the extent prohibited by applicable law (including, a California resident’s right, if any, to pursue public injunctive relief) or the applicable arbitration rules or standards, you agree that in the event you incur any damages, losses or injuries that arise out of Phasium's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Services or any other Phasium application, music, website, property, production, audio, video, film, product, service, or other materials owned or controlled by the Phasium Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services or any other Phasium Party application, music, website, property, production, audio, video, film, product, service, or other materials owned or controlled by the Phasium Parties.
By accessing this Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
If you are a resident of Germany, nothing in these Terms shall limit the Phasium Parties’ statutory liability (a) under the German Product Liability Act, (b) for damages (Schaden und vergebliche Aufwendungen
) arising from loss of life, bodily injury, or damage to health, (c) for damages caused by Phasium’s gross negligence or willful misconduct, (d) for damages arising from fraudulently concealed defects, and (e) for damages covered by a guarantee of Phasium. Subject to the foregoing sentence, in cases of Phasium’s ordinary negligence, Phasium’s liability for damages (y) shall be limited to damages foreseeable at the time these Terms come into force and that typically arise from transactions of this nature, and (z) shall be excluded with regard to damages caused by a breach of immaterial contractual obligations of Phasium.
All limitation of liability of any kind in these Terms are made for the benefit of both Phasium and the Phasium Parties.
ARBITRATION AGREEMENT/GOVERNING LAW/CLASS ACTION WAIVER/DISPUTE RESOLUTION
Both you and Phasium waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
You agree that these Terms and your use of our Services is governed by the laws of the State of California, USA without regard to its conflict of law principles. The parties each agree to finally settle all disputes only through arbitration provided, however, to the fullest extent allowed by the applicable arbitration rules or standards,
Phasium shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above,
any claim, suit, action or proceeding arising out of or relating to your use of our services and/or these Terms will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS
”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Los Angeles, CA; New York City, NY; Chicago, IL; Atlanta, GA; or Dallas, TX (whichever is closest to your residence) or in your hometown if required by applicable JAMS standards or rules. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, California. Phasium agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration, but specifically excluding (i) any of your travel or other costs to attend the arbitration hearing and (ii) if you initiate the arbitration against us, a $250 fee. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
To the extent permitted by applicable law, Phasium reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Services, and to block or prevent future access to and use of the Services for any reason, including, without limitation, your breach of these Terms or other conduct by you that Phasium considers inappropriate. Where reasonable under the circumstances and if you have provided Phasium with your email address through the Services, Phasium will provide you with at least twenty-four (24) hours’ prior notice of termination,
provided that if Phasium reasonably believes that you have materially breached these Terms, Phasium may immediately terminate your rights under these Terms. To the extent permitted by applicable law, Phasium may modify or discontinue, temporarily or permanently, the Services with or without notice, at any time for valid reasons (e.g., to reflect changes in relevant laws, to protect security, or to implement technical adjustments and improvements). If you have provided Phasium with your email address through the Services, Phasium will seek to notify you by reasonable means of any modifications that will have a material adverse effect on your rights or obligations, taken as a whole. You agree that no Phasium Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Services. Upon termination of your access to the Services, or upon demand by Phasium, you must destroy all Materials and all related documentation including without limitation immediately discontinuing the use of any links to the Services. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that Phasium will determine your compliance with these Terms in its sole, reasonable discretion. Any violation of these Terms may be referred to law enforcement authorities.
The failure of Phasium to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Phasium’s rights with respect to such breach or any subsequent breaches. No waiver by Phasium of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Phasium. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Phasium may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Phasium’s prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Phasium by virtue of Phasium having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by Phasium. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties, Limitation of Liability; Waiver and Arbitration).
SPECIAL TERMS FOR APPLE iOS DEVICES
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using the Services via one of our WattsApp applications on Apple’s iOS platform ("App
Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. Phasium, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the App may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a non-transferable license to use the App on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via family sharing or volume purchasing (if available).
Maintenance and Support. We are solely responsible for providing maintenance and support for the App, as specified in these Terms or as required under applicable law. You and Phasium acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product-liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of such App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of the Terms and will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms for valid reasons and we will notify you of material changes by posting the changed or modified Terms on our Services ("Updated Terms
"). We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Your use of the Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement and consent to the Updated Terms. Therefore, you should review these Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. Any changes will not apply to any dispute between you and us arising prior to the date on which we make available the revised Terms incorporating such changes or otherwise notified you of such changes.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at SUPPORT@WATTSAPP.LIVE
The Services are operated by: Phasium LLC
Address: 16133 Ventura Blvd