TERMS OF USE AND PRIVACY STATEMENT

This website and/or app (“Service”) is provided to you by Shazzam. Shazzam provides a tool for messaging whereby the message sent/saved is encrypted prior to saving.

Your access to and use of this service is subject to these Terms and Conditions of Use. In order to use this service you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. Shazzam may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this service and accessible on this service’s login page. Your continued use of this service will indicate your acceptance of these modified Terms and Conditions of Use.

CHANGES TO THE SERVICE

Changes may be made at any time to the information, text, software, images, pictures, logos, trade-marks, products and services and any other material displayed on, offered through, or contained on this service.

CHANGES TO TERMS AND CONDITIONS

Shazzam may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting and will be accessible on this service’s login page. You agree to review these Terms and Conditions of Use periodically and your continued use of this service following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this service.

PRIVACY POLICY

By using Shazzam you agree to provide your e-mail address and name, and possibly other "private" information in the future. Shazzam's does not intend to target or collect personal information from individuals under the age of 13, and will not willingly sell or distribute this information to any external 3rd party.

LINKS

This service may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this service. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Shazzam or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

YOUR OBLIGATIONS

In providing registration and transactional information to Shazzam, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Shazzam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shazzam has the right to suspend or terminate your account and refuse any and all current or future use of the account.

In using this service you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this service or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this service you will not: (a) use the service for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this service or the network and systems of a Shazzam service ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this service; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this service or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this service or Service; (f) use this service or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this service, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

MANAGING YOUR MESSAGE SECRETS

You are solely responsible for managing your message secrets and for keeping them confidential. Shazzam does not store nor maintain any message secrets and has no access to retrieve any lost secrets for any messages

MANAGING YOUR EMAIL ADDRESS AND MOBILE PHONE NUMBER

Shazzam has the ability to send information to you via email and text messaging, as well as app notifications. You are solely responsible for managing your email address and mobile phone number(s) stored in this service. You may incur charges from your mobile phone carrier. You are solely responsible for chargers incurred from your mobile phone carrier for any and all text messages generated by this service.

INTELLECTUAL PROPERTY

The materials displayed on or contained within this service including, without limitation, all service software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, short features, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of Shazzam and are protected by copyright, trademark and other intellectual property laws. Shazzam name, design and related marks are trademarks of Shazzam© 2020 Shazzam all rights reserved.

Shazzam hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of Shazzam. Use of Materials is only permitted with the express written permission of Shazzam and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

This Section will survive the termination of your right to use this service.

DISCLAIMER OF WARRANTIES

THIS SERVICE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. Shazzam INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SERVICE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SERVICE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SERVICE. IN ADDITION, Shazzam DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SERVICE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Shazzam, ITS AFFILIATES, AND ANY OF Shazzam’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SERVICE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SERVICE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SERVICE; ANY LINK PROVIDED ON THIS SERVICE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT Shazzam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SERVICE.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SERVICE.

INDEMNIFICATION

You agree to indemnify and hold harmless Shazzam and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this service including transmission or placement of information or material by you on this service.

This provision shall survive the termination of your right to use this service.

DISPUTE RESOLUTION

All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this service; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this service; or (d) transactions effectuated through this service, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Shazzam related to any Claim.

This provision shall survive the termination of your right to use this service.

TERMINATION

Shazzam may at any time and at its sole discretion terminate your right to use this service.

GOVERNING LAW

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflict of laws provisions.

RELIANCE ON INFORMATION

This service may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at Shazzam's sole discretion. Also, changes are periodically made to the information contained herein.

GENERAL

These Terms and Conditions of Use constitute the entire agreement between you and Shazzam with respect to your use of this service and supersede all previous agreements, understandings and representations relating thereto. No failure by Shazzam or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of this Agreement or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of this Agreement, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.

CONSENT TO ELECTRONIC COMMUNICATIONS

You consent to receive communications from Shazzam electronically, either by e-mail or by notices posted on this site, as determined by Shazzam in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by Shazzam in writing is satisfied by such electronic communication. You agree that Shazzam may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with Shazzam.

FEES RELATING TO YOUR PAYMENT METHOD

You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.

PROMOTIONAL OFFERS

From time to time, at Shazzam's sole discretion, Shazzam may offer a reduced membership fee for the Shazzam service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the Shazzam service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process or as part of the sign-up process.

FREE TRIALS

From time to time, at Shazzam's sole discretion, Shazzam may offer a free trial period to first-time customers, limit one per person and/or Payment Method provided. Where such an offer is made, at the time of registration for your free trial, your credit or check card will be validated, though your Payment Card will not be charged for the duration of the free trial period. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in these Terms and Conditions will be explained on the web page you land on prior to beginning the sign-up process or as part of the sign-up process. Your trial period begins the day you sign up for Shazzam membership.

Upon completion of the free trial period, your subscription to Shazzam will renew automatically on a monthly or yearly basis, based on the membership plan you selected, regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Method will be charged the recurring monthly or yearly membership fees and any applicable sales tax on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. You will not receive any notification from Shazzam at the expiration of your free trial. Please note the expiration date of your free trial for your records.

During the free trial period, you will receive the benefits of Shazzam’s service for no charge. Membership may be cancelled or modified at any time prior to the end of your free trial through the "My Account" link in the service.

EXPIRATION DATE AND REFUSAL OF CHARGES TO YOUR PAYMENT CARD

If your Payment Card reaches its original expiration date, your failure to cancel your Shazzam membership constitutes authorization for Shazzam to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic membership fee, you have a period of nine (9) days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at the My Account pages on the service. If Shazzam is able to charge your Payment Card (existing or new, if you have provided new Payment Card information,) during the nine (9) -day period and any past due Shazzam membership fees are paid, then Shazzam service benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Shazzam membership is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Shazzam is unable to charge your Payment Card (existing or new, if you have provided new Payment Card Information), within the nine (9) -day period, then your Shazzam membership will be indefinitely suspended beginning on the tenth (10th) day from the date your Payment Card was initially declined. For the thirty (30) days immediately following the suspension day, Shazzam may attempt to charge the Payment Card the periodic membership fee every ten (10) days. If the charge is accepted, then your Shazzam service benefits will be reinstated as of the date the charge is accepted. This charge date now becomes your new periodic anniversary date and the Payment Card will be used to charge the applicable periodic membership fee for each consecutive renewal period until your Shazzam membership is canceled and will be your Payment Card for all purposes.

CANCELLATION OF SERVICE

You may request to cancel your membership, including any information you have provided by contacting us on the "Contact Us" page

STORED/UPLOADED MATERIAL

Any uploaded material (receipts, documents or otherwise) will be considered a secondary copy of your material. Shazzam is not responsible for lost, damaged or stolen material due to any reason. Shazzam attempts to encrypt all uploaded documents, however there will be occurrences of these documents existing unencrypted (for known or unknown reasons). Receipts are stored as/is.

Shazzam INITIATED CANCELLATIONS

Shazzam may suspend or cancel your Shazzam membership account, or otherwise restrict your use of Shazzam’s service, in Shazzam 's sole discretion, with or without cause.

PROGRAM CANCELLATION OR MODIFICATION BY Shazzam

Shazzam may make changes to the Shazzam service, including, without limitation, any promotional offers and free trials, at any time, and from time to time, without prior notice. In addition, Shazzam may change the Shazzam periodic subscriber membership fees from time to time, provided, however, that Shazzam will give prior notice via e-mail of any change to the periodic subscriber membership fees or price that will adversely affect you. You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable Shazzam periodic subscriber membership fee (plus applicable taxes) on each anniversary date after the effective date of such change, and you authorize Shazzam to charge the new applicable periodic membership fee (plus applicable taxes) to your Payment Method. Shazzam reserves the right to suspend or end the Shazzam service (including, without limitation, ceasing to offer one or all of Shazzam membership plans, promotional offers or free trials) without prior notice, in Shazzam's sole discretion. You agree that membership in Shazzam service does not involve an extension of credit or a retail installment sale since Shazzam does not impose a finance charge and you may cancel membership at any time. Void where prohibited.

ACCEPTANCE OF TERMS AND REGISTRATION

In consideration for visiting the Shazzam service and/or using the Shazzam Services, you agree to comply with these Terms and Conditions. You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the software or any application related to the service and/or Services, or (ii) use the service and/or Services for any commercial purpose. You acknowledge that Shazzam may (1) discontinue to the Service, and/or (2) modify the terms under which you can use the Service and/or the service Content and in any case, Shazzam will have no liability to you as a result of such changes. In addition, if you purchase the right to access an account on the service, you further agree to provide Shazzam with accurate, complete and true information about yourself as required (your "Registration Information") in order to create an account for use of the Service (your "Account"); and (d) maintain and update, as applicable, your Registration Information with current and complete information. Shazzam reserves the right to decline to do business with you for any reason or no reason. If you violate these Terms and Conditions, or provide inaccurate, false, or non-current Registration Information or credit card information we may, at our sole discretion, suspend or terminate your Account, and terminate your access to the Service, with or without notice to you. Furthermore, Shazzam may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Terms and Conditions or its (or its licensor's) rights under copyright.

LOSS OF INFORMATION, UNAVAILABILITY OR TERMINATION OF SERVICE

As Shazzam is a technology company, from time-to-time Shazzam may become unavailable for any reason, with the result of either fixing of the issues, or permanently shutting down - without notice.

Because the nature of technology loss of information may occur. If such a situation occurs, we will make an attempt to resolve the problem. However, Shazzam does not guarantee successful data recovery resulting in permanent loss.

MINIMUM SPECIFICATIONS

It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Service. Shazzam reserves the right to cease supporting any hardware or software platform at any time, with or without notice.

LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Shazzam name, design, and related marks are trademarks of Shazzam. © 2020 Shazzam. All rights reserved.

Effective August 20, 2020

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.