Succulents and Sunshine App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Succulents and Sunshine and governs use of this app made available through the Apple App Store. By installing the Succulents and Sunshine App, 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 Succulents and Sunshine App.

In order to ensure Succulents and Sunshine provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.

1. Parties. This Agreement is between you and Succulents and Sunshine only, and not Apple, Inc. (“Apple”). 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. Succulents and Sunshine, not Apple, is solely responsible for the Succulents and Sunshine App and its content.

2. Privacy. Succulents and Sunshine may collect and use information about your usage of the Succulents and Sunshine App, including certain types of information from and about your device. Succulents and Sunshine may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Succulents and Sunshine App. For more information, please review the Succulents and Sunshine Privacy Policy.

3. Limited License. Succulents and Sunshine grants you a limited, non-exclusive, non-transferable, revocable license to use the Succulents and Sunshine App for your personal, non-commercial purposes. You may only use the Succulents and Sunshine App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions. By using the Succulents and Sunshine App, you represent and warrant that (a) you are the age of majority in your jurisdiction and you agree to be bound by this Agreement; (b) if you are under the age of majority in your jurisdiction, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Succulents and Sunshine App does not violate any applicable law or regulation. Your access to the Succulents and Sunshine App may be terminated without warning if Succulents and Sunshine believes, in its sole discretion, that you are under the age of majority in your jurisdiction 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 Succulents and Sunshine App, you agree to be bound by this Agreement in respect to your child’s use of the Succulents and Sunshine App.

5. Objectionable Content Policy. Content may not be submitted to Succulents and Sunshine, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content 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.

6. Warranty. Succulents and Sunshine disclaims all warranties about the Succulents and Sunshine App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Succulents and Sunshine, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support. Succulents and Sunshine does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Succulents and Sunshine, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims. Succulents and Sunshine, not Apple, is responsible for addressing any claims by you relating to the Succulents and Sunshine App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Succulents and Sunshine App 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.

9. Third Party Intellectual Property Claims. Succulents and Sunshine shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Succulents and Sunshine App. To the extent Succulents and Sunshine is required to provide indemnification by applicable law, Succulents and Sunshine, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Succulents and Sunshine App or your use of it infringes any third-party intellectual property right.