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iOS App - Special Terms
Use of the Wish services, including a marketplace app is governed by the Terms of Use. If you access the applications available via the Apple, Inc. ("Apple") App Store ( including, without limitation, for iPhone, iPad, iTouch, and iWatch) (each an "iOS Application" and, collectively, the "iOS Applications"), the following additional terms also apply:
- Both you and Wish acknowledge that the Terms are concluded between you and Wish only, and not with Apple, and that Apple is not responsible for the iOS Application or the Content;
- The iOS Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the iOS Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application;
- In the event of any failure of the iOS Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Wish, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the iOS Application;
- You acknowledge and agree that, in the event of any third party claim that the iOS Application or your possession and use of the iOS Application infringes that third party's intellectual property rights, Wish, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Wish acknowledge and agree that, in your use of the iOS Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Wish acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.