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Terms Of Use

THESE TERMS OF USE ("AGREEMENT") ESTABLISH LEGALLY BINDING CONDITIONS FOR YOUR USE OF THE COVERED SITES. BY ACCESSING OR USING THE COVERED SITES, YOU ACCEPT THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND THE ABILITY TO CONCLUDE THIS AGREEMENT (ON YOUR OWN) OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND / OR USE THE COVERED SITES.

1. User name and passwords. When you subscribe to our magazines, newsletters and other services that you represent, you warrant that: (a) all required information ("User Information") that you submit is truthful and accurate; and (b) you will maintain the accuracy of this information. You will be responsible for maintaining the confidentiality of your user information, and we will not be liable for the misuse of your information by any third party, whether authorized by you or not. You are responsible for all activities that occur under the accounts generated with your user information. You agree to immediately notify Hearst of any unauthorized use, or any alleged unauthorized use of your user information or any other breach of security. Hearst can not and will not be liable for any loss or damage resulting from your failure to comply with the above requirements.

2. Licenses

2.1 License. Subject to the terms of this agreement, Hearst grants you a non-transferable, non-exclusive license to use the Covered Sites for your personal, non-commercial use. Subject to the terms of this Agreement, Hearst grants you a non-transferable, nonexclusive license to install and use the software that Hearst provides for your mobile devices ("Apps"), in executable code format only, solely by you. even. Pocket mobile device and for your personal, noncommercial use. For the avoidance of doubt, applications are deemed to be part of the Sites.

2.2 Certain restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you must not license, sell, lease, assign, transfer, assign, distribute, host or commercially exploit the Covered Sites; (b) you must not modify, make derivative works, disassemble, recompile or reverse engineer any part of the Covered Sites; (c) you must not access the covered sites to create a similar or competitive service; and (d) unless expressly provided otherwise, no part of the Covered Sites may be copied, reproduced, distributed, republished, downloaded, displayed, displayed or transmitted in any form or by any means. Any future version, update or other addition to the Covered Sites functionality will be subject to this Agreement. All copyright and other proprietary notices on any content of Covered Sites must be retained on all copies thereof.

2.3 Open Source Software. Some independent third-party code elements may be included in the application that are subject to open source licenses ("open source software"). Such open source software is licensed under the terms of the license that accompanies this open source software. Nothing in this Agreement limits your rights or grants you any rights that supersede, the terms and conditions of any end-user license applicable to this Open Source Software.

2.4 Application Store. You acknowledge and agree that the availability of the application depends on the third party from which you received the application, for example, the Apple iPhone Store ("Application Store") ). You acknowledge that this Agreement is between you and Hearst and not with the Store Application. Each app store may have its own terms and conditions that you must agree to before downloading the app. You agree to comply with, and your license to use the application is conditioned by your compliance with all applicable terms and conditions of the applicable application store.

2.5 Wireless Addresses, Short Message Services and Wireless Internet. By providing us your wireless e-mail address or by signing up for any SMS, WAP or mobile service (each as described in the Privacy Policy), you agree to the following: Our wireless providers and suppliers do not are not responsible for the content of our wireless services or any of the messages you may receive from us. You acknowledge and agree that wireless email, SMS, WAP and mobile services are provided by wireless systems that use radios (and other means) to transmit communications over complex networks. We do not warrant that your use of these services will be private or secure, and we are not responsible to you for any lack of privacy or security that you may encounter. You are fully responsible for taking precautions and providing the security measures best suited to your situation and the intended use of the services.

2.6 Amendment. Hearst reserves the right, at any time, to modify, suspend or discontinue the Covered Sites or any part thereof with or without notice. You agree that Hearst will not be liable to you or any third party for any modification, suspension or deletion of the Covered Sites or any part thereof.

3. Ownership and Comments

3.1 By excluding your user content (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, are owned by the Licensors of Hearst or Hearst. The supply of the Covered Sites does not transfer to you any right, title or interest in these intellectual property rights. Hearst and its suppliers reserve all rights not granted in this Agreement.

3.2 If you provide Hearst with comments or suggestions regarding the Covered Sites ("Comments"), you assign to Hearst all rights in the Comments and agree that Hearst be entitled to use those comments and comments. related information in the manner that he deems appropriate. Hearst will treat any feedback you provide to Hearst as non-confidential and non-proprietary. You agree not to submit to Hearst any information or ideas that you consider confidential or proprietary.

4. User Content

4.1 User Content. "User Content" means any information and content that a user submits to, or uses with, the Covered Sites (for example, pictures, audio, video, messages, text, files or other content that you provide to us). ). You are solely responsible for your user content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that renders you personally or personally a third. You represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not assert or imply that your User Content is in any way provided, sponsored or approved by Hearst. Because you alone are responsible for your user content (not Hearst), you may be liable if, for example, your user content violates the acceptable use policy. Hearst is not obliged to back up any User Content and the User Content may be deleted at any time. You are solely responsible for creating backup copies of your user content if you wish. Hearst can in no way be held responsible for any inaccuracy or defect in the content of a user.

4.2 License. You agree, and you represent and warrant that you have the right to grant Hearst an irrevocable, non-exclusive, royalty-free, fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare works derived from, incorporate into other works, and otherwise use your user content, and to grant sub-licenses of the foregoing, for any legitimate purpose. You agree to irrevocably waive (and waive) any claim and affirmation of moral or attribution rights in your User Content.

4.3 Acceptable Use Policy The following sets out Hearst's "Acceptable Use Policy":

(a) You agree not to publish, send by e-mail, or otherwise make available the User Content:

illegal, harmful, threatening, abusive, harassing, defamatory, pornographic, defamatory or invasive

that harasses, degrades, intimidates or is hateful to any person or person group of persons by reason of religion, sex, sexual orientation, race, ethnicity, age or disability

who is false, misleading, deceitful, deceptive, misinformed, constitutes a "bait and a change" or an identity theft of a person or entity

that contains your identity. n advertising, branding or promotional content of third parties,

unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of duplicate or unsolicited messages, that 39; they are commercial or otherwise

that violates any third party right, including any copyright, trademark, patent, trade secret, moral right, right to privacy, right of publicity, or any other intellectual property right or property

restrict or inhibit the user from using and enjoying Hearst sites or Hearst services offered therein;

which includes your personal information, such as phone number, postal address, last name, URL address or email address

paste "private messages from Other users;

who retransmits any User Content that violates these terms; or

who infringes any law, regulation, obligation or restriction imposed by a third party.

(b) In addition, you agree not to use the Covered Sites for:

uploading, transmitting, or distributing computer viruses, worms or any software intended to damage or alter a computer system or data;

collect, collect, collect or assembling information or data about other users, including e-mail addresses, without their consent; 19659013] interfering with, disrupting or creating an undue burden on the servers or networks connected to the Covered Sites or violate the regulations, policies or procedures of these networks;

attempt to gain unauthorized access to Covered Sites, other computer systems or networks connected to or used with the Covered Sites, by the extraction of passwords or password. other means;

alter the copyright protection mechanisms applicable to the content of the Sites covered;

introduce automated or ipts software or agents to covered sites to produce multiple accounts, generate automated searches, queries and queries, or to strip, scrape, or otherwise exploit data from covered sites (except as we to public search engine operators revocable permission to use spiders to copy documents from the site for the sole purpose and to the extent necessary to create searchable indexes of publicly available documents, but not caches or archives of these documents).

4.4 Implementation. We reserve the right (but not the obligation) to
review any user content, investigate and / or take appropriate action against
you at our sole discretion if you violate the acceptable use policy or
] other provision of this contract or otherwise create liability for us or any other
person. Such acts may include the deletion or modification of your User Content,
terminating your User Information, and / or notifying you to law enforcement authorities
]. If Hearst chooses to change the content of the user
Hearst assumes no responsibility for the contents of the user
.

4.5 Other users. Each user of the Covered Site is solely responsible for all or part of its User Content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content and we make no warranties as to the accuracy, timeliness, suitability or otherwise. the quality of any user content. . Your interactions with other users of the Covered Site are solely between you and that user. You agree that Hearst will not be liable for any loss or damage incurred as a result of these interactions. In the event of a dispute between you and a user of the covered site, we are not required to participate. You acknowledge that other users may post comments on your User Content that may be waived, and Hearst has no obligation to monitor or remove such User Content.

4.6 Version. You hereby release us (and our officers, employees, agents, successors and assigns) and hereby waive and waive each and every dispute, claim, controversy, claim, right, past, present and future , obligation, liability, action and cause of action of any nature and of any nature (including bodily injury, death and property damage), which arose or arises directly or indirectly from, or which relate to directly or indirectly to, interactions with, or act upon or the omission of, other users of the Covered Site. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU ARE HEREBY WAITING ARTICLE 1542 OF THE CIVIL CODE OF CALIFORNIA AS REGARDS THE FOLLOWING: "A GENERAL DECLARATION DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF THE EXECUTION OF THE RELEASE, WHICH, ACCORDING TO HIMSELF, MUST HAVE AFFECTED HIS SETTLEMENT WITH THE DEBTOR. "

5 . Indemnity. You agree to indemnify and hold harmless Hearst (and its officers, employees, subcontractors and agents), including attorneys 'fees and attorneys' fees, from any claim or demand made by a third party because of (a) your use of the Covered Sites, (b) your User Content, (c) your breach of this Agreement; or (d) your violation of applicable laws or regulations. Hearst reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in the defense of such claims. You agree not to pay anything without the prior written consent of Hearst. Hearst will make reasonable efforts to notify you of any claim, action or proceeding as soon as it becomes aware of it.

6. Warnings

THE COVERED SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PACKAGING FOR PARTICULAR PURPOSES, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) DO NOT WARRANT THAT THE SITES COVERED: (A) WILL MEET YOUR NEEDS; (B) WILL BE AVAILABLE UNINTERRUPTED, FAST, SECURE OR ERROR-FREE; OR (C) WILL BE ACCURATE, RELIABLE, FREE FROM VIRUSES OR OTHER HARMFUL, COMPLETE, LEGAL OR SAFE CODE.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CAN NOT GUARANTEE THIS INFORMATION DURING TRANSMISSION OVER THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY D & O OTHERS, SUCH AS HACKERS. HEARST ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR UNAUTHORIZED DESTRUCTION OR ACCESS OR MODIFICATION OF ANY USER CONTENT. HEARST IS NOT RESPONSIBLE FOR ANY PROBLEMS OR MISUSE OF TECHNICAL PERFORMANCE IN ANY TELEPHONE NETWORK OR LINES, ONLINE COMPUTER SYSTEMS, SERVERS OR SUPPLIERS, COMPUTER EQUIPMENT, SOFTWARE OR FAILURE OF ANY EMAIL BECAUSE OF TECHNICAL OR TECHNICAL ISSUES. TRAFFIC CONGESTION ON THE INTERNET OR ON ONE OF THE COVERED SITES OR COMBINATIONS THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR THE COMPUTER OF ANY PERSON RELATED TO PARTICIPATION OR PARTICIPATION ANY ACTIVITY ON THE SITES COVERED OR DOWNLOADED DOCUMENTS. YOU UNDERSTAND THAT IF YOU DOWNLOAD FROM ANY MATERIAL, YOU DO SO AT YOUR OWN RISK. IN NO EVENT SHALL NO LIABILITY BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE COVERED SITES, ANY CONTENT POSTED ON OR ON THE COVERED SITES OR THE CONDUCT ANY USER OF THE COVERED SITES, WHATEVER OFFLINE. We may, whenever we want, edit or delete any content posted on the sites covered. YOU USE THE SITES COVERED AT YOUR OWN RISK. SOME AREAS OF OUR COVERED SITES OFFER ADVICE FROM A VARIETY OF SUPPLIERS THAT MAY BE AFFILIATED WITH HEARST OR MEMBERS OF THE COMMUNITY OF USERS; THESE TIPS ARE ONLY FOR ENTERTAINMENT AND NOT AS A TREATMENT OR REMEDIES FOR INDIVIDUAL CIRCUMSTANCES. HEARST CAN NOT GUARANTEE AND PROMISE NO SPECIFIC RESULTS IN THE USE OF THE COVERED SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM THIS AGREEMENT OR YOUR USE OR IMPOSSIBILITY OF USING THE COVERED SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY CONTRARY ARRANGEMENTS CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGE RESULTING THEREFROM. THE AGREEMENT (FOR ANY CAUSE WHATEVER THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO (A) FIFTY AMERICAN DOLLARS ($ 50) OR (B) AMOUNTS YOU PAID DURING THE 12 MONTH PRIOR (IF ONLY). THE EXISTENCE OF MORE IN A CLAIM WILL NOT AFFIRM THIS LIMIT. YOU ACKNOWLEDGE THAT OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY KIND ARISING OUT OF THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Third Party Sites and Advertisements Covered Sites may contain links to third party websites, services and advertisements for third parties (collectively, "Third Party Sites and Advertisements"). These third party sites and advertisements are not under the control of Hearst and Hearst is not responsible for third party sites and advertisements. Hearst provides these third-party sites and advertisements solely as a convenience and does not review, endorse, monitor, endorse, warrant, or make any representations with respect to third-party sites and advertisements. You use all third party sites and advertisements at your own risk. When you create a link to a third-party site and ad, the third-party's terms and policies apply, including third-party data collection and privacy practices. You should make any inquiry that you deem necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites and Advertisements.

9. Term and termination. Subject to this section, this Agreement will remain in full force and effect while you use the Covered Sites. We may (a) suspend your rights to use the Covered Sites (including your User Information) or (b) terminate this Agreement, at any time for any reason, at our sole discretion, including for any use of the Covered Sites in violation of this Agreement. Upon termination of this Agreement, your User Information and your right to access and use the Covered Sites will terminate immediately. You understand that any termination of your user information involves the deletion of your user content associated with these live databases. Hearst will have no liability to you for any termination of this Agreement, including for the termination of your User Information or the deletion of your User Content. Even after the termination of this Agreement, the following provisions of this Agreement shall remain in effect: Articles 3 to 11

10. Copyright Policy

10.1 In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC Sec. 512, our covered sites have designated an agent to receive notices of claims for copyright infringement: Copyright Officer, Hearst Communications, Inc., Hearst Magazines Division, 300 West 57th Street – 40th Floor, New York, New York, 10019, tel. -649-2020; [email protected] If you believe that your copyright has been infringed, you may notify us. To be effective, the notice must be a written communication that includes the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right alleged to have been infringed;
  • Identification of the copyright of the works allegedly infringed or, if several works protected by copyright on a single online site are the subject of a single notification, a representative list of these works on this site;
  • Identification of material that is reproached or counterfeit to be the subject of infringing activity and must be removed or access must be disabled, and reasonably sufficient information to allow us to locate the material ;
  • Information reasonably sufficient to permit us to contact you, including an address, a telephone number and, if possible, an e-mail address to which the complaining party may be contacted
  • a statement that the complaining party has a f that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right alleged to have been violated.

We may notify our users that we have received a violation notice by means of a general notice on our website, from an email to the email address of a user in our records, or written communication sent by mail to the physical address of a user in our records. If you receive such notice, you may provide a written counter-notification to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of material that has been removed or whose access has been disabled, and the location at
  • A statement from you under penalty of perjury, that you believe in good faith that the material has been removed or disabled as a result of an error or an error in identifying the material to be removed or deactivated; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal court for the judicial district in which your physical address is located, or if your physical address is at & Outside the United States, for the judicial district in which our offices are located, and that you will accept the service or the notice from the person who provided the notification of allegedly infringing material or a agent of this person.

If we become aware of the fact that one of our users has repeatedly infringed the property rights of a third party, we have a policy to take steps to terminate the property. access of this user to our Covered Sites.

General

11.1 Modification of the conditions of use. This contract is subject to occasional revisions, and if we make any material changes, we may notify you by posting changes on our site in a visible manner. Any changes to this Agreement will take effect no earlier than thirty (30) calendar days after the posting of the notice of change on our site. These changes will take effect immediately for new users of our covered sites. The continued use of our Covered Sites as a result of notice of such changes will indicate that you acknowledge these changes and agree to be bound by the terms and conditions of those changes.

11.2 Settlement of disputes. PLEASE READ THIS DOCUMENT CAREFULLY. Unless one of the parties claims counterfeiting or misappropriation of the patent, copyright, trademark or trade secret of the other party, any dispute between you and the other party Hearst arising or in any way connected with this Agreement shall be resolved by binding arbitration as described in this section. This arbitration agreement is intended to be interpreted broadly. This includes, but is not limited to, all claims and disputes relating to your use of any of the Covered Sites.

YOU ACKNOWLEDGE BY ENTERING INTO THIS AGREEMENT WHICH YOU SHOULD DELETE THE RIGHT TO TRIAL BY JURY OR BY PARTICIPATING IN A COLLECTIVE ACTION. YOU AND HEARST AGREE THAT EVERYONE MAY MAKE CLAIMS AGAINST OTHER THAN IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR APPLICANT IN ANY CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. ALL ARBITRATION WILL BE INDIVIDUALLY; CATEGORY ARBITRATIONS AND CLASS ACTIONS ARE NOT AUTHORIZED

Arbitration shall be governed by the American Arbitration Rules and the Consumer Arbitration Complaint Procedures of the American Arbitration Association ("AAA"), modified by this section. For any claim for which the total amount of compensation claimed is $ 10,000 or less, AAA, you and Hearst must comply with the following rules: (a) arbitration must be conducted solely on the basis of written submissions; and (b) arbitration does not involve any personal appearance of the parties or witnesses, unless otherwise 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 your choice of the following locations: San Francisco, CA, Denver, CO, or New York, NEW YORK. The decision of the arbitrator is enforceable and may be tried in any court of competent jurisdiction. Dans le cas où cette entente d'arbitrage est jugée inapplicable par un tribunal, alors les différends qui auraient autrement été arbitrés seront exclusivement portés devant les tribunaux d'État ou fédéraux situés à New York, New York. Les réclamations pour contrefaçon ou détournement du brevet, du droit d'auteur, de la marque commerciale ou du secret commercial de l'autre partie seront exclusivement portées devant les tribunaux d'État et fédéraux situés à New York, New York.

Le présent Contrat est régi et interprété exclusivement conformément aux lois de l'État de New York, États-Unis, sans donner effet à une loi qui entraînerait l'application de la loi d'une autre juridiction.

11.3 Accord complet. Le présent contrat (y compris la politique de confidentialité) constitue l'intégralité de l'accord entre vous et nous concernant l'utilisation des sites couverts. Notre incapacité à exercer ou à faire appliquer un droit ou une disposition du présent Contrat ne doit pas constituer une renonciation à ce droit ou à cette disposition. Les titres de section dans cet Accord sont pour la commodité seulement et n'ont aucun effet légal ou contractuel. Le mot incluant signifie y compris sans limitation. Si une disposition du présent Contrat est, pour quelque raison que ce soit, jugée invalide ou inapplicable, les autres dispositions du présent Contrat ne seront pas altérées et la disposition invalide ou inapplicable sera réputée modifiée afin qu'elle soit valide et exécutoire dans toute la mesure permise par la loi. Votre relation avec Hearst est celle d'un entrepreneur indépendant, et aucune des parties n'est un agent ou un partenaire de l'autre. Ce Contrat et vos droits et obligations ne peuvent être cédés, sous-traités, délégués ou autrement transférés par vous sans le consentement écrit préalable de Hearst, et toute tentative de cession, sous-contrat, délégation ou transfert en violation de ce qui précède sera nulle et vide. Les termes du présent Accord lient les cessionnaires.

11.4 Informations sur le droit d'auteur et les marques de commerce. Copyright © 2012, Hearst Communications, Inc. Tous droits réservés. Toutes les marques, logos et marques de service («Marques») affichés sur les Sites couverts sont notre propriété ou la propriété d'autres tiers. Vous n'êtes pas autorisé à utiliser ces marques sans notre consentement écrit préalable ou le consentement de cette tierce partie qui peut être propriétaire des marques.

12. Termes et conditions supplémentaires d'Apple App Store. Les termes et conditions supplémentaires suivants s'appliquent à vous si vous utilisez une application sur l'App Store d'Apple. Dans la mesure où les autres termes et conditions du présent Contrat sont moins restrictifs que les termes et conditions de la présente Section 12, ou sont en conflit avec ceux-ci, les termes et conditions plus restrictifs ou contradictoires de cette Section 12 s'appliquent, mais uniquement en ce qui concerne Apps. de l'App Store d'Apple.

12.1 Accusé de réception: Hearst et vous reconnaissez que cet accord est conclu entre Hearst et vous seulement, et non avec Apple, et Hearst, pas Apple, est seul responsable de l'App et de son contenu . Dans la mesure où le présent Accord prévoit des règles d'utilisation pour l'App qui sont moins restrictives que les Règles d'utilisation définies pour App, ou qui sont en conflit avec les Conditions d'utilisation d'App Store, le terme Apple plus restrictif ou conflictuel s'applique. [19659002] 12.2 Étendue de la licence: La licence qui vous est accordée pour l'application est limitée à une licence non transférable d'utilisation de l'application sur un produit iOS que vous possédez ou contrôlez et comme le permettent les règles d'utilisation définies dans les conditions de vente

12.3 Maintenance et support: Hearst est le seul responsable de la fourniture des services de maintenance et de support relatifs à l'application, tels que spécifiés dans le présent contrat (le cas échéant) ou conformément aux lois applicables. Hearst et vous reconnaissez qu'Apple n'a aucune obligation de fournir des services de maintenance et de soutien en ce qui concerne l'application.

12.4 Garantie: Hearst est le seul responsable de toute garantie de produit, expresse ou implicite par la loi, dans la mesure pas effectivement démenti. En cas de défaillance de l'application pour se conformer à une garantie applicable, vous pouvez en informer Apple, et Apple vous remboursera le prix d'achat de l'application; et dans toute la mesure permise par la loi applicable, Apple n'aura aucune autre obligation de garantie en ce qui concerne App, et toute autre réclamation, perte, responsabilité, dommages, coûts ou dépenses attribuables à un défaut de conformité à toute garantie sera la seule responsibility.

12.5 Product Claims: Hearst and you acknowledge that Hearst, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App 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 Hearst's liability to you beyond what is permitted by applicable law.

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

12.7 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.

12.8 Developer Name and Address: Hearst's contact information for any end-user questions, complaints or claims with respect to App is: Hearst at 300 W. 57th Street, NY, NY 10019 or email [email protected]

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

12.10 Third Party Beneficiary: Hearst 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.

Last revised on: December 6, 2017

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