Loopy Loyalty is owned and operated by PassKit, Inc.
By using the Loopy Loyalty software YOU acknowledge and agree to the following terms:
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING PASSKIT. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PASSKIT, INC.
You would like to use Loopy Loyalty (as defined below) to generate Digital Stamp Card(s) for use by Passbook and any other OS and devices supported. PassKit, Inc. is willing to grant You the use of Loopy Loyalty to generate Digital Stamp Cards on the terms and conditions set forth in this Agreement.
1 Accepting this Agreement; Definitions
In order to use Loopy Loyalty software and related services, You must first agree to this Agreement. If You do not or cannot agree to this Agreement, You are not permitted to use Loopy Loyalty.
You accept and agree to the terms of this Agreement on Your own behalf and/or on behalf of Your company, organisation, educational institution, or agency, instrumentality, or department of the government as its authorized legal representative, by doing either of the following:
- by using the Loopy Loyalty software.
Whenever capitalized in this Agreement:
“Agreement” means the PassKit License Agreement, including any attachments and any exhibits thereto which are hereby incorporated by this reference.
“Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A.
“Documentation” means any technical or other specifications or documentation that PassKit, Inc. may provide to You for use in connection with Loopy Loyalty.
“Pass(es)” means one or more digital stamp cards developed by You under this Agreement.
“Pass ID” means the combination of an Apple-issued certificate and Push Application ID that is used by You to digitally sign Your Passes and to send Push Notifications to Pass(es) using both PassKit and Apple services.
“Pass Information” means the text, descriptions, representations or information relating to a Pass that You provide to Your end-users on or in connection with a Pass.
“Passbook” means Apple’s installed iOS feature that has the ability to store and display Passes for use on iOS Products.
“PassKit” means the online service(s) provided by and maintained by PassKit, Inc. for the design, production, distribution, management and analysis of Pass(es) for Passbook. For purposes of Schedule 1, PassKit means PassKit, Inc..
“PassKit, Inc.” means PassKit, Inc. a Delaware corporation with its principle place of business at Golden Sun Centre, 59-67 Bonham Strand West, Sheung Wan, Hong Kong
“Push Notification” means a message, including any content or data therein, that You transmit to end-users and that is delivered in Your Pass within Passbook.
“You” and “Your” means and refers to the person(s) or legal entity (whether the company, organisation, educational institution, or governmental agency, instrumentality, or department) using Loopy Loyalty or otherwise exercising rights under this Agreement. For the sake of clarity, You may authorize contractors to use Loopy Loyalty on Your behalf.
2 Use of Loopy Loyalty and Restrictions
2.1 Permitted Uses and Restrictions
Subject to the terms and conditions of this Agreement, PassKit, Inc. hereby grants You, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable permission to, Generate, Distribute and Update Pass(es)
(a) Using your own Pass ID under the provision that the Passes you generate and distribute are done so in accordance with all legal agreements with both Apple and PassKit, Inc.;
(b) Using PassKit’s Pass ID for the sole purpose, without exception, of evaluation, development and testing of Pass layouts and integration of PassKit’s API functionality; You understand and agree that passes generated by You, and signed with PassKit’s Pass ID are issued and owned by PassKit, Inc., in accordance with Apple's iOS Developer Program License Agreement terms and conditions, and as such must NOT be distributed either publicly or privately by You under any circumstances;
3 Your Obligations
You certify to PassKit, Inc. and agree that: (a) You are of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organisation, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organisation to the terms and obligations of this Agreement; (b) All information provided by You to PassKit, Inc. or Your end-users in connection with this Agreement or Passes, including without limitation Pass Information, will be current, true, accurate, supportable and complete and, with regard to information You provide to PassKit, Inc., You will promptly notify PassKit, Inc. of any changes to such information. Furthermore, You agree that PassKit, Inc. may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property questions, customer service inquiries, etc.); (c) You will comply with the terms of and fulfill Your obligations under this Agreement, and You agree be fully responsible for any actions undertaken by You in relation to Your Pass and their compliance with the terms of this Agreement; (d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with PassKit, Your Passes and Your related development and distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any other hardware, software or services used by You in connection with Your use of any services; (e) For the purposes of Schedule 1, You represent and warrant that You own or control the necessary rights in order to appoint PassKit, Inc. as Your worldwide agent for the delivery of Your Passes, and that the fulfillment of such appointment by PassKit, Inc. shall not violate or infringe the rights of any third party; and (f) You will not act in a manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You will interfere with Your performance of Your obligations under this Agreement.
3.2 Use of PassKit
As a condition to using PassKit, You agree that: (a) You will only use the PassKit for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations; (b) You will not use PassKit for any unlawful or illegal activity, nor to generate a Pass which would commit or facilitate the commission of a crime, or other unlawful or illegal act; (c) To the best of Your knowledge and belief, Your Pass and Pass Information do not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. photography or image rights, logo rights, third party data rights); (d) You agree that all development of Passes must be in accordance with the terms of this Agreement.
4 Pass Distribution; Marketing Permissions
Subject to the terms of this Agreement, You may distribute Your Passes to end-users by the web, email, or an Application. You understand and agree that Your end-users must accept Your Passes before they will be loaded into Passbook or any other device and can remove Your Passes from Passbook or any other device at any time.
By distributing Your Passes in this manner, You represent and warrant to PassKit, Inc. that Your Passes comply with the terms of this agreement. PassKit, Inc. and Apple shall not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of distributing Your Passes in this manner. You also indemnify PassKit, Inc. and Apple from any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities You may incur as a result of distributing Your Passes in this manner.
You will be responsible for attaching or otherwise including, at Your discretion, any relevant end-user usage terms with Your Passes. PassKit, Inc. will not be responsible for any violations of Your end-user usage terms. You will be solely responsible for all user assistance, warranty and support of Your Passes.
By distributing Your Passes as permitted in this Agreement, You hereby permit PassKit, Inc. and Apple to use (i) screen shots of Your Pass; (ii) trademarks, logos and images associated with Your Pass; and (iii) Pass Information, for promotional purposes in marketing materials and gift cards, excluding those portions which You do not have the right to use for promotional purposes and which You identify in writing to PassKit, Inc..
5 PassKit, Inc.’s Right to Review Your Pass
You understand and agree that PassKit, Inc. reserves the right to review and approve or reject Your Pass(es) at any time during the Term of this Agreement.
6 Liability Disclaimer
PASSKIT AND APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF PASSKIT, PASSBOOK, YOUR PASS ID, YOUR PASSES, OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR PASS IN PASSBOOK OR ANY END-USER CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY YOUR END-USERS.
To the extent permitted by applicable law, You agree to indemnify and hold harmless, PassKit, Inc., its directors, officers, employees, independent contractors and agents (each an "PassKit, Inc. Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, "Losses"), incurred by a PassKit, Inc. Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claims that Your Pass or Pass Information violate or infringe any third party intellectual property or proprietary rights; (iii) PassKit, Inc.’s permitted use, promotion or delivery of Pass, Pass Information, metadata, related trademarks and logos, or images and other materials that You provide to PassKit, Inc. under this Agreement; (iv) any claims, including but not limited to any end-user claims, regarding Your Pass, Pass Information, or related logos, trademarks, content or images; or (v) Your use Pass, Pass Information, metadata or Your development and distribution of any Application or Pass.
To the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each PassKit, Inc. Indemnified Party from any Losses incurred by such PassKit, Inc. Indemnified Party by reason of any such use.
8 Fees and Payment
As consideration for the rights granted to You under the Agreement, You agree to pay PassKit, Inc. the requisite monthly fees as set forth on PassKit website. The fees are non refundable. Any taxes that may be levied on the PassKit software or Your use of it shall be Your responsibility.
PassKit, Inc. reserves the right to modify the fees and other charges for the subsequent Renewal Subscription Term upon notice to You no less than sixty (60) days prior to the beginning of such Renewal Subscription Term.
9 Term and Termination
The Term of this Agreement shall extend until the one (1) year anniversary of the original activation date of Your subscription account (“Effective Date”). Thereafter, subject to Your compliance with the terms of this Agreement, the Term will automatically renew for successive one (1) year terms, unless sooner terminated in accordance with this Agreement.
This Agreement and all rights granted by PassKit, Inc. hereunder and any services provided hereunder will terminate, effective immediately upon notice from PassKit, Inc.: (a) if You fail to comply with any term of this Agreement and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach; (b) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against You a petition in bankruptcy; or (f) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, PassKit, Inc. may also terminate this Agreement, or suspend Your rights to use PassKit, if You fail to accept any new Agreement terms.
Either party may terminate this Agreement for its convenience, for any reason or no reason, effective 30 days after providing the other party with written notice of its intent to terminate.
10 No Warranty
The PassKit services may contain inaccuracies or errors that could cause failures or loss of data. PassKit, Inc., or its licensors, may provide or make available through PassKit certain web based applications, service related software, certificate issuance services, or other services for Your use (collectively the “Services” for purpose of section 6 and 10). PassKit, Inc. and its licensors reserve the right to change, suspend, remove, or disable access to any Services (or any part thereof) at any time without notice. In no event will PassKit, Inc. or its licensors be liable for the removal of or disabling of access to any such Services. PassKit, Inc. or its licensors may also impose limits on the use of or access to certain Services, or may remove the Services for indefinite time periods or cancel the Services at any time and in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF PASSKIT SOFTWARE, SECURITY SOLUTION AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IF WITH YOU. THE PASSKIT SOFTWARE, SECURITY SOLUTION AND ANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE”. WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PASSKIT, PASSKIT’s AGENTS AND PASSKIT’S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PASSKIT SOFTWARE, SECURITY SOLUTION AND SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. PASSKIT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PASSKIT SOFTWARE, SECURITY SOLUTION OR SERVICES, THAT THE OPERATION OF THE PASSKIT SOFTWARE, SECURITY SOLUTION, OR THE PROVISION OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS OR ERRORS IN THE PASSKIT SOFTWARE, SECURITY SOLUTION OR SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS, SERVICES OR SOFTWARE OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY PASSKIT SOFTWARE OR SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. YOU ACKNOWLEDGE THAT THE PASSKIT SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OR STORAGE OF DATA OR INFORMATION BY OR THROUGH THE PASSKIT SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PASSKIT OR A PASSKIT AUTHORISED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE PASSKIT SOFTWARE, SECURITY SOLUTION OR SERVICES PROVDE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Location data as well as any maps data provided by any Services or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environment damage. Neither PassKit, Inc. nor any of its licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any Services or software.
Any notices relating to this Agreement shall be in writing. Notices will be deemed given by PassKit, Inc. when sent to You at the email address or mailing address You provided during the registration process. All notices to PassKit, Inc. relating to this Agreement will be deemed given when sent by you at the email email@example.com. You consent to receive notices by email and agree that any such notices that PassKit, Inc. sends You electronically will satisfy any legal communication requirements. A party may change its email or mailing address by giving the other written notice as described above.
12 Changes to the Agreement
PassKit, Inc. may change the terms of this Agreement at any time. In order to continue using the PassKit, You must accept and agree to the new terms of this Agreement. If You do not agree to new terms, Your use of the PassKit will be suspended or terminated by PassKit, Inc.. You agree that Your acceptance of such new Agreement terms may be signified electronically, including without limitation, by Your checking a box or clicking on an “agree” or similar button.
1 Appointment of Agent
1.1 You hereby appoint PassKit as Your worldwide agent for the delivery of the Passes to end-users, during the Delivery Period. You hereby acknowledge that PassKit will deliver the Passes to end-users for You and on Your behalf. For purposes of this Schedule 1, the term "Passes" includes any additional permitted functionality, content or services provided by You.
1.2 In furtherance of PassKit’s appointment under Section 1.1 of this Schedule 1, You hereby authorize and instruct PassKit to:
(a) provide hosting services to You, in order to allow for the storage of, and end-user access to, the Passes and to enable third party hosting of such Passes solely as otherwise licensed or authorized by PassKit;
(b) allow end-users to access and re-access copies of the Passes, so that end-users may acquire from You and electronically download those Passes.
(c) use (i) screen shots of the Passes; (ii) trademarks and logos associated with the Passes; and (iii) Pass Information, for promotional purposes in marketing materials; and
(d) otherwise use Passes, Pass Information and associated metadata as may be reasonably necessary in the delivery of the Pass in accordance with this Schedule 1. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 1.
1.3 The parties acknowledge and agree that their relationship under this Schedule 1 is, and shall be, that of principal and agent, and that You, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Passes, as provided in this Schedule 1. The parties acknowledge and agree that Your appointment of PassKit as its agent under this Schedule 1 is non-exclusive.
1.4 For purposes of this Schedule 1, the "Delivery Period" shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that PassKit’s appointment as Your agent shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to Your end-users, subsections 1.2(b), (c), and (d) of this Schedule 1 shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 3.1 and 5.2 of this Schedule 1.
2. Ownership and Delivery of the Passes to End Users
You acknowledge and agree that PassKit, in the course of acting as agent for You, is hosting, or pursuant to Section 1.2(b) of this Schedule 1 may enable authorized third parties to host, the Pass(es), and is allowing the download of those Pass(es) by end-users, on Your behalf. The parties acknowledge and agree that PassKit shall not acquire any ownership interest in or to any of the Passes or Pass Information, and title, risk of loss, responsibility for, and control over the Pass(es) shall, at all times, remain with You. PassKit may not use any of the Passes or Pass Information for any purpose, or in any manner, except as specifically authorized in this Schedule 1.
3. Content Restrictions
3.1 You represent and warrant that: (a) You have the right to enter into this Agreement, to reproduce and distribute each of the Passes, and to authorize PassKit to permit end-users to download and use each of the Pass(es); (b) none of the Passes, or end-users' permitted uses of those Passes, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and that You are not submitting the Licensed Applications to PassKit on behalf of one or more third parties; (c) each of the Passes is authorized for distribution, use in, export to, and import into each of the countries designated by You under Section 2 of this Schedule 1, in accordance with the laws and regulations of those countries; (d) none of the Passes contains any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations; (e) all information You provide is accurate and that, if any such information ceases to be accurate, You will promptly update it to be accurate; and (f) in the event a dispute arises over the content of Your Pass or use of Your intellectual property on the Pass, You agree to follow PassKit’s Pass dispute process on a non-exclusive basis and without any party waiving its legal rights.
4. Responsibility and Liability
4.1 PassKit shall have no responsibility for the installation and/or use of any of the Passes by any end-user. You shall be solely responsible for any and all end-user assistance and support with respect to each of the Passes.
4.2 You shall be solely responsible for, and PassKit shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Passes and/or the use of those Passes by any end-user, including, but not limited to: (i) claims of breach of warranty; (ii) product liability claims; and (iii) claims that any of the Passes and/or the end-user's possession or use of those Passes infringes the copyright or other intellectual property rights of any third party.
5.1 This Schedule 1, and all of PassKit's obligations hereunder, shall terminate upon the expiration or termination of the Agreement.
5.2 In the event that You no longer have the legal right to distribute the Passes, or to authorize PassKit to allow access to those Passes by end-users, in accordance with this Schedule 1, You shall promptly notify PassKit.
5.3 PassKit reserves the right to cease allowing download by end-users of the Passes at any time, with or without cause, by providing notice of termination to You. Without limiting the generality of this Section 5.3, You acknowledge that PassKit may cease allowing download by end-users of some or all of the Passes if PassKit reasonably believes that: (i) those Passes and/or any end-user's possession and/or use of those Passes, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or (ii) the distribution and/or use of those Passes violates any applicable law in any country. An election by PassKit to cease allowing download of any Pass, pursuant to this Section 5.3, shall not relieve You of Your obligations under this Schedule 1.
5.4 You may invalidate any or all of the Passes at any time, and for any reason, by using the tools provided, except that, with respect to Your end-users, You hereby authorize and instruct PassKit to fulfill sections 1.2(b), (c), and (d) of this Schedule 1, which shall survive termination or expiration of the Agreement unless You indicate otherwise pursuant to sections 3.1 and 5.2 of this Schedule 1.
6. Legal Consequences
The relationship between You and PassKit established by this Schedule 1 may have important legal consequences for You. You acknowledge and agree that it is Your responsibility to consult with Your legal advisors with respect to Your legal obligations hereunder.
“You represent and warrant You have any necessary right to the images you upload, and further permit PassKit, Inc. to use these images to generate passes”.
"You permit PassKit, Inc. (“Service Provider”) to enable You in accessing and using the Apple Push Network in Your Passes"
Attachment 1(to the Agreement)Additional Terms for Apple Push Notification service and Local Notifications
The following terms are in addition to the terms of the Agreement and apply to any use of the APN (Apple Push Notification service):
1. Use of the APN and Local Notifications
1.1 You may use the APN only in Your Applications, Your Passes, and/or in sending OS X Website Push Notifications to the OS X desktop of users of Your Site who have opted in to receive Notifications through Safari on OS X. You, Your Application and/or Your Pass may access the APN only via the APN API and only if You have been assigned a Push Application ID by Apple. Except for the limited purpose of Section 6 below, You agree not to share Your Push Application ID with any third party. You understand that You will not be permitted to access or use the APN after expiration or termination of Your Agreement.
1.2 You are permitted to use the APN and the APN APIs only for the purpose of sending Push Notifications to Your Application or Your Pass on an iOS Product and/or to the OS X desktop of users of Your Site who have opted in to receive Notifications through Safari on OS X as expressly permitted by the Agreement (including but not limited to this Attachment 1), the APN Documentation and all applicable laws and regulations (including all intellectual property laws). You further agree that You must disclose to Apple any use of the APN as part of the submission process for Your Application.
1.3 You understand that before You send an end-user any Push Notifications through the APN, the end-user must consent to receive such Notifications. You agree not to disable, override or otherwise interfere with any Apple-implemented consent panels or any Apple system preferences for enabling or disabling Notification functionality. If the end-user’s consent to receive Push Notifications is denied or later withdrawn, You may not send the end-user Push Notifications.
2. Additional Requirements
2.1 You may not use the APN or Local Notifications for the purpose of sending unsolicited messages to end-users or for the purpose of phishing or spamming, including, but not limited to, engaging in any types of activities that violate anti-spamming laws and regulations, or that are otherwise improper, inappropriate or illegal. For example, You agree not to include links to phishing or other malicious websites in Your OS X Website Push Notifications.
2.2 You may not use the APN or Local Notifications for the purposes of advertising, product promotion, or direct marketing of any kind (e.g., up-selling, cross-selling, etc.), including, but not limited to, sending any messages to promote the use of Your Application or advertise the availability of new features or versions. Notwithstanding the foregoing, You may use the APN or Local Notifications for promotional purposes in connection with Your Pass so long as such use is directly related to the Pass, e.g., a store coupon may be sent to Your Pass in Passbook.
2.3 You may not excessively use the overall network capacity or bandwidth of the APN, or unduly burden an iOS Product, OS X or an end-user with excessive Push Notifications or Local Notifications, as may be determined by Apple in its reasonable discretion. In addition, You agree not to harm or interfere with Apple’s networks or servers, or any third party servers or networks connected to the APN, or otherwise disrupt other developers' use of the APN.
2.4 You may not use the APN or Local Notifications to send material that contains any obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, sounds, etc.), or other content or materials that in Apple’s reasonable judgment may be found objectionable by the end-user of Your Application, Pass or Site.
2.5 You may not transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs that may harm, disrupt or limit the normal operation of the APN or an iOS Product or OS X, and You agree not to disable, spoof, hack or otherwise interfere with any security, digital signing, verification or authentication mechanisms that are incorporated in or used by the APN, or enable others to do so.
3. Additional Terms for Website Push IDs3.1 Subject to the terms of this Agreement, You understand and agree that OS X Website Push
Notifications that You send using Your Website Push ID must be sent under Your own name, trademark or brand (e.g., a user should know that the communication is coming from Your Site) and must include an icon, trademark, logo or other identifying mark for Your Site. You agree not to misrepresent or impersonate another Site or entity or otherwise mislead users about the originator of the OS X Website Push Notification. To the extent that You reference a third party’s trademark or brand within Your OS X Website Push Notification, You represent and warrant that You have any necessary rights.
3.2 By enabling the APN and sending OS X Website Push Notifications for Your Site as permitted in this Agreement, You hereby permit Apple to use (i) screen shots of Your OS X Website Push Notifications on OS X; and (ii) trademarks and logos associated with such Notifications, for promotional purposes in Apple’s marketing materials, excluding those portions which You do not have the right to use for promotional purposes and which You identify in writing to Apple. You also permit Apple to use images and other materials that You may provide to Apple, at Apple’s reasonable request, for promotional purposes in marketing materials.
4. Delivery by the APN or via Local Notifications. You understand and agree that in order to provide the APN and make Your Push Notifications available on iOS Products or OS X, Apple may transmit Your Push Notifications across various public networks, in various media, and modify or change Your Push Notifications to comply with the technical and other requirements for connecting to networks or devices. You acknowledge and agree that the APN is not, and is not intended to be, a guaranteed or secure delivery service, and You shall not use or rely upon it as such. Further, as a condition to using the APN or delivering Local Notifications, You agree not to transmit sensitive personal or confidential information belonging to an individual (e.g., a social security number, financial account or transactional information, or any information where the individual may have a reasonable expectation of secure transmission) as part of any such Notification, and You agree to comply with any applicable notice or consent requirements with respect to any collection, transmission, maintenance, processing or use of an end-user’s personal information.
5. Your Acknowledgements. You acknowledge and agree that:
5.1 Apple may at any time, and from time to time, with or without prior notice to You (a) modify the APN, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the APN APIs. You understand that any such modifications may require You to change or update Your Applications, Passes or Sites at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, the APN and may suspend or discontinue all or any portion of the APN at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the APN or APN APIs.
5.2 The APN is not available in all languages or in all countries and Apple makes no representation that the APN is appropriate or available for use in any particular location. To the extent You choose to access and use the APN, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to any local laws.
5.3 Apple provides the APN to You for Your use with Your Application, Pass, or Site, and does not provide the APN directly to any end-user. You acknowledge and agree that any Push Notifications are sent by You, not Apple, to the end-user of Your Application, Pass or Site, and You are solely liable and responsible for any data or content transmitted therein and for any such use of the APN. Further, You acknowledge and agree that any Local Notifications are sent by You, not Apple, to the end-user of Your Application, and You are solely liable and responsible for any data or content transmitted therein.
5.4 Apple makes no guarantees to You in relation to the availability or uptime of the APN and is not obligated to provide any maintenance, technical or other support for the APN.
5.5 Apple reserves the right to remove Your access to the APN, limit Your use of the APN, or revoke Your Push Application ID at any time in its sole discretion.
5.6 Apple may monitor and collect information (including but not limited to technical and
diagnostic information) about Your usage of the APN to aid Apple in improving the APN and other Apple products or services and to verify Your compliance with this Agreement; provided however that Apple will not access or disclose the content of any Push Notification unless Apple has a good faith belief that such access or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce the terms of this Agreement, including investigation of any potential violation hereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its developers, customers or the public as required or permitted by law.
6. Third Party Service Providers. You are permitted to employ or retain a third party (“Service Provider”) to assist You in accessing and using the APN in Your Applications, Passes or Sites, including, but not limited to, engaging any such Service Provider to maintain and administer Your Applications’ servers on Your behalf, provided any such Service Provider’s access to and use of the APN is only done on Your behalf in providing such services to You for Your Application, Your Pass and/or Your Sites and in accordance with these terms, and is subject to a binding written agreement between You and the Service Provider with terms at least as restrictive and protective of Apple as those set forth herein, including, but not limited to, confidentiality for pre-release versions of the APN and indemnity obligations to Apple. Any actions undertaken by any such Service Provider in relation to Your Push Notifications and/or arising out of this Agreement shall be deemed to have been taken by You, and You (in addition to the Service Provider) shall be responsible to Apple for all such actions (or any inactions), including but not limited to indemnifying Apple against any harm caused by the Service Provider acting on Your behalf. In the event of any actions or inactions that would constitute a violation of this Agreement or otherwise cause any harm, Apple reserves the right to require You to change Service Providers.
7. Additional Liability Disclaimer. APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE APN, INCLUDING ANY INTERRUPTIONS TO THE APN OR ANY USE OF NOTIFICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY POWER OUTAGES, SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER INTERRUPTIONS.