End User License Agreement
Blink Me Baby.com Apps
Effective Date: August 25, 2023
1. Acknowledgement:
This End User License Agreement (“Agreement”) is between the End User (“You”) and Landlord Mobile Apps LLC, not Apple, Inc. (“Apple”), and governs use of this app made available through the Apple App Store. Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against You. Landlord Mobile Apps LLC DBA Tarpley Technology LLC not Apple is solely responsible for the Blink Me Baby.com suite of apps and the content thereof. This Agreement does not support rules that conflict with the App Store Terms of Service as of the Effective Date October 12, 2020. By installing the Blink Me Baby.com Apps (defined as any and all apps displayed on Blink Me Baby.com website)and elsewhere, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If You do not agree with the terms and conditions of this Agreement, you are not entitled to use the Blink Me Baby.com Apps.
To ensure Blink Me Baby.com Apps provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If You see inappropriate content, please report to Tarpley Technology customer support.
2. Scope of License:
Blink Me Baby.com Apps grants You a limited, non-exclusive, non-transferable, revocable license to use the Blink Me Baby.com Apps for your personal, non-commercial purposes. You may only use the Blink Me Baby.com Apps on Apple devices that You own or control and as permitted by the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support:
Tarpley Technology LLC does provide minimal maintenance or support for Blink Me Baby.com Apps.
To the extent that any maintenance or support is required by applicable law, Tarpley Technology LLC, not Apple, shall be obligated to furnish any such maintenance or support.
4. Warranty:
Tarpley Technology LLC disclaims all warranties about the Blink Me Baby.com Apps fully permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Tarpley Technology LLC, not Apple, shall be solely responsible for such warranty. In the event of any failure of Blink Me Baby.com Apps to conform to any applicable warranty, the end- user may notify Apple, and Apple will refund the purchase price for Blink Me Baby.com Apps to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Blink Me Baby.com Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tarpley Technology LLC's sole responsibility.
5. Product Claims:
Tarpley Technology LLC, not Apple, is responsible for addressing any claims by You relating to the Blink Me Baby.com Apps or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Blink Me Baby.com Apps fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that You may have such claims. This agreement does not limit liability beyond what is permitted by applicable law.
6. Intellectual Property Rights:
Tarpley Technology LLC shall not be obligated to indemnify or defend You with respect to any third-party claim arising out or relating to the Blink Me Baby.com Apps. To the extent, Tarpley Technology LLC is required to provide indemnification by applicable law, Tarpley Technology LLC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Blink Me Baby.com App or your use of it infringes any third party intellectual property right.
7. Legal Compliance:
You, the end-user, represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement
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1 Country Group E of the U.S. Code of Federal Regulations; and (ii)You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address:
- Tarpley Technology LLC
- PO Box 140761
- Memphis, Tennessee 38114
- Email Address: customersupport@landlordmobileapps.com
9. Third Party Terms of Agreement:
The end-user must comply with all applicable third party terms of agreement when using Blink Me Baby.com Apps.
10. Third Party Beneficiary:
You and the end-user must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end- user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third-party beneficiary thereof.
11. Age Restrictions:
By using Me Baby.com Apps, you represent and warrant that (a) You are 17 years of age or older and You agree to be bound by this Agreement; (b) if You are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) Your use of the Blink Me Baby.com Apps does not violate any applicable law or regulation. Your access to the Blink Me Baby.com Apps may be terminated without warning if Tarpley Technology LLC believes, in its sole discretion, that You are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If You are a parent or legal guardian and You provide your consent to your child's use of the Blink Me Baby.com Apps, you agree to be bound by this Agreement in respect to your child's use of the Blink Me Baby.com Apps.
12. Objectionable Content Policy:
Content may not be submitted to Tarpley Technology LLC, who will moderate all content and ultimately decide whether to post a submission to the extent such content
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includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
13. Privacy:
Tarpley Technology LLC does not upload any user contacts to any server. In the future, Tarpley Technology LLC may collect and use information about your usage of the Blink Me Baby.com Apps, including certain types of information from and about your device. Tarpley Technology LLC may use this information, if it is in a form that does not personally identify You, to measure the use and performance of the Blink Me Baby.com apps.
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