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Terms of Service - Apple App Store Sourced Application

Last Updated: 23-Jan-12

With respect to any YouSendIt Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), the following terms and conditions apply:

  • You will only use the App Store Sourced Application: (i) on an Apple-branded product that runs the iOS operating system software provided by Apple; and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
  • You acknowledge and agree that: (i) these Terms of Service are concluded between you and YouSendIt only, and not Apple; and (ii) as between YouSendIt and Apple, YouSendIt is solely responsible for the App Store Sourced Application and YouSendIt Content therein. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and, as between Apple and YouSendIt, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be YouSendIt’s sole responsibility.
  • You and YouSendIt acknowledge that, as between YouSendIt and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and YouSendIt acknowledge that, in the event of any third party claim, that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between YouSendIt and Apple, YouSendIt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
  • You and YouSendIt acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  • Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
  • If you have any questions, complaints or claims with respect to any App Store Sourced Application, you may contact YouSendIt by emailing support@yousendit.com or calling 866-558-7363.