Renta! Terms of Service
Last Updated: 03/14/2018
These Terms of Service (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by Papyless Global, Inc. (“Renta!”, “we”, “us” or “our”) that link to these Terms. BY CLICKING “I ACCEPT”, OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 17, DO NOT ACCESS OR USE OUR SERVICES.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, promotions, products or services (including, but not limited to, posted fees, billing procedures, and promotion rules). To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, promotion, product or service.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
1. Our Services
Renta! is a digital manga streaming platform for users to view, purchase and download manga (“Manga”). Manga can be streamed and, in some cases, downloaded to mobile devices and other connected devices which we support. When purchasing Manga, you have the option of selecting either a 48 hour period in which to view the Manga, or our unlimited option, which lasts for so long as you maintain your account. Note that some content for which you purchase the unlimited option may be discontinued in the future, in which case you will no longer be able to access such titles. If that is the case, you will receive a credit to replace such discontinued Manga. Some Manga may be available for temporary download and offline viewing on certain supported devices (“Offline Manga”). Limitations may apply, including restrictions on the number of Offline Manga you can download and view, the maximum number of devices that can be associated with your account, the time period within which you will need to begin viewing Offline Manga and how long Offline Manga will remain accessible.
You must be at least 18 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person, you represent that you are authorized to accept these Terms on that person’s behalf and that the person agrees to be responsible to us if you or the other person violates these Terms. The Services are for personal use only. Organizations, companies, or businesses may not use the Services for any purpose. You may not use the Services if you have previously been suspended or removed from the Services. Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.
The Services are intended for access and use from within the United States, Alaska, Hawaii, Puerto Rico and other U.S. territories (the “United States”). If you choose to access the Services from outside the United States, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.
3. User Accounts and Account Security
You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access certain areas and features of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
5. Terms of Sale
5.1 Payment Methods.
We provide users with the following options to purchase a license to access Manga through the Services:
- (a) Renta! Points. Users can purchase virtual points (“Points”) using a credit card or other acceptable payment method, which can be redeemed only to view Manga. Points may only be redeemed via the Services and only by the method and within the scope described via the Services. You can view your balance in your account settings or during checkout. If your Point balance does not cover the entire transaction amount for an Order (as defined below), you are responsible for paying any remaining charge in excess of the Points using your designated payment method.
- (b) Credit Card. Users can purchase the right to view and download Manga using a credit card or other acceptable payment method.
5.2 Gifts Codes.
Renta! may offer gift codes from time to time. By redeeming a Renta! gift code you agree to our Gift Code Terms and Conditions https://www.ebookrenta.com/renta/sc/frm/page/help/about-giftcodes.htm.
5.3 Payment and Billing Information.
By providing a credit card or other acceptable payment method, you represent and warrant that you are authorized to use the payment method you designate and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you of the issue, and if we are unable to resolve the issue, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. If you want to change or update payment information associated with your Renta! account, you can do so at any time by logging into your account and editing your payment information.
5.4 Pricing and Availability.
All prices for Points or Manga are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We also reserve the right to limit any Order, reject all or part of an Order, and discontinue offering Points or certain Manga without prior notice. Reasons for such discontinuance for certain Manga may include: (i) a third party claim for copyright or other intellectual property infringement; (ii) a third party claim for defamation; and (iii) any other third party claim. Further, you understand and agree that the Service may become unavailable due to server or other maintenance or any force majeure event.
You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order. We will collect applicable taxes on Orders for which we determine we have a duty to collect. If an item is subject to tax, the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Point purchases are not eligible for refunds or resale for any reason.
- (a) Points. Renta! does not authorize, and expressly prohibits, the purchase of Points from third parties. You will not offer to sell or purchase Points to or from other users or third parties. In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft. Renta! is not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Points with other users or third parties. All sales of Points are final, and Points are non-returnable and non-refundable. Points cannot be resold, transferred, redeemed for cash or applied to any other account. We may limit the number of Points you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Points. We may further restrict your ability to redeem your Points based on your place of residence.
- (b) Manga. Renta! does not authorize, and expressly prohibits, the purchase of Manga from third parties. You will not offer to sell or purchase Manga to or from other users or third parties. In addition to violating these Terms, these resale purchase transactions may be fraudulent or may lead to identity theft. Renta! is not responsible for any such transactions or any damages or harm that you might incur if you engage in transactions involving Manga with other users or third parties. All sales of Manga are final, and Manga are non-returnable and non-refundable. We may limit the number of Manga you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Manga.
- (c) Errors. In the event of an error, we reserve the right to correct such error and revise your Order accordingly (which includes charging the correct price) or to cancel the Order and refund any amount charged.
Purchased Points will expire three years after the last date of purchase.
6. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Use or attempt to use another user’s account without authorization from that user and Renta!;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access, which includes any attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, accessible at https://www.ebookrenta.com/robots.txt, that controls automated access to portions of our Services;
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- Engage in any harassing, threatening, intimidating, violent, predatory or stalking conduct; or
- Sell, rent or purchase account interactions (such as selling, renting or purchasing followers, re-sharing a post, likes, etc.)
7. Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, Points, Manga and other content contained therein, (collectively, the “Renta! Content”) are owned by or licensed to Renta! and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Renta! and our licensors reserve all rights in and to our Services and the Renta! Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to view, access and use our Services and Renta! Content for your own personal use and to install our mobile applications on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Renta! Content; (b) copy, reproduce, distribute, publicly perform or publicly display the Services or Renta! Content, except as expressly permitted by us or our licensors; (c) modify the Services or Renta! Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Renta! Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Renta! Content other than for their intended purposes. Any use of our Services or Renta! Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray Renta! or our Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Renta! logo or other proprietary graphic of Renta! to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Renta! trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
Renta! makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
9. Third Party Content.
We may display content, advertisements and promotions from third parties through the Services (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Renta! or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Renta!. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Renta!’s Designated Agent as follows:
Designated Agent: Yasuko Matsui
Address: Kioicho Building 4th Floor 3-12 Kioicho, Chiyoda-ku Tokyo, 102-0094 Japan
Telephone Number: +81-03-6272-9533
Fax Number: +81-03-6272-9563
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Renta! for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Renta!, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, content providers and employees (individually and collectively, the “Renta! Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services and the Renta! Content; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You will promptly notify the Renta! Parties of any third-party Claims, cooperate with the Renta! Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). Renta! Parties will have control of the defense or settlement, at Renta!'s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Renta! or the other Renta! Parties.
RENTA! MAKES NO REPRESENTATION ABOUT THE ACCURACY, QUALITY, LEGALITY, MORALITY, OR SAFETY OF ANY MANGA. WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY MANGA OR OTHER THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.
YOUR USE OF OUR SERVICES (INCLUDING ANY MANGA) IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, RENTA! DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE RENTA! ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
14. Limitation of Liability
RENTA! AND THE OTHER RENTA! PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY - WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE - FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF RENTA! OR THE OTHER RENTA! PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF RENTA! AND THE OTHER RENTA! PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF THE AMOUNTS PAID BY YOU TO RENTA! DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR $100.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF RENTA! OR THE OTHER RENTA! PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you release Renta! and the other Renta! Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
17. Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH RENTA! AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
17.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 6 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Renta! agree (a) to waive your and Renta!’s respective rights to have any and all Disputes arising from or related to these Terms or the Services resolved in a court, and (b) to waive your and Renta!’s respective rights to a jury trial. Instead, you and Renta! agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
17.2 No Class Arbitrations, Class Actions or Representative Actions
You and Renta! agree that any Dispute arising out of or related to these Terms, the Services, or purchased products is personal to you and Renta! and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Renta! agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Renta! agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17.3 Federal Arbitration Act
You and Renta! agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
17.4 Notice; Informal Dispute Resolution
You and Renta! agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Renta! shall be sent by certified mail or courier to:Kioicho Bldg., 3-12 Kioicho, Chiyoda-Ku, Tokyo 102-0094 Japan Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Renta! account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Renta! cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Renta! may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17.1, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 6 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS, OR PATENTS, YOU AND RENTA! AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR RENTA! WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND RENTA! WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Renta! agree that (a) any arbitration will occur either in (i) Santa Clara County, California, (ii) telephonically, or (iii) in the county where you reside, (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in Santa Clara County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
17.6 Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
17.7 Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause, or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable. Further, the waivers set forth in Section 17.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
17.9 Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by emailing: firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes on an individual basis in accordance with Section 18.
18. Governing Law and Venue
Any Dispute arising out of these Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
19. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and Renta! relating to your access to and use of our Services. The failure of Renta! to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
If you have any questions or concerns regarding the Services or these Terms, please contact us at email@example.com.
Additional Terms for iOS Users
The following terms apply if you are accessing or using our mobile application (“App”) on an Apple Inc. (“Apple”) branded mobile device:
- Acknowledgement. The Terms are concluded between Renta! and you only, and not with Apple, and, as between Apple and us, we are solely responsible for the App and the content thereof.
- Scope of License. The license granted to the you for the App under the Terms is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
- Maintenance and Support. Renta! is not obligated to provide any support or maintenance services for the App, provided that we are solely responsible for such services to the extent required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
- Warranty. To the effect not effectively disclaimed under Section 13 of the Terms, we are solely responsible for any warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty not effectively disclaimed under Section 13, you may notify Apple, and Apple will refund the purchase price (if any) for the App; 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 our sole responsibility.
- Product Claims. You and Renta! acknowledge and agree that as between Apple and Renta!, Renta!, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance. By downloading and installing the App, you represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including but not limited to U.S. export control laws.
- Commercial Items. If acquired by any agency of the United States government, such agency acknowledges that: (a) the App constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable and (b) such agency's rights are limited to those specifically granted under these Terms.
- Third Party Beneficiaries. Apple and its subsidiaries are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
- Developer Name and Address. If you have any questions, complaints or claims with respect to the App, please contact us at: [insert name, address, telephone number, and email address]