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TERMS OF SERVICE END USER LICENSE AGREEMENT AND TERMS OF SERVICE

We are Super Pig Entertainment, Inc. (" Super Pig Entertainment ," " we ," " us" or " our"), the provider of the website and any other online properties owned or controlled by or on behalf of Super Pig Entertainment (each a " Website" and, collectively, the " Websites"), the mobile software applications that we make available for download, including Riff™ (each, an " App" and, collectively, the " Apps"), and any Super Pig Entertainment-enabled functionality included in any third party software applications (" Super Pig Entertainment Enabled Applications") (the Websites, Apps and Super Pig Entertainment Enabled Applications are, collectively, the " Service"). This End User License Agreement and Terms of Service (this " EULA") is a binding contract between you, an individual user (" you") and Super Pig Entertainment governing your use of the Service. BY INSTALLING OR OTHERWISE ACCESSING OR USING ALL OR ANY PORTION OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA AND Super Pig Entertainment'S PRIVACY POLICY SENT TO YOU, CONTACT Super Pig Entertainment AT INFO@Riff.com.

Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

  1. General Terms and Conditions.
  2. The Service.
  3. Registration.
  4. Intellectual Property Rights.
  5. User Content.
  6. Restrictions on Use of the Service.
  7. External Sites.
  8. Feedback.
  9. While we are continually working to develop and evaluate our own product ideas and features, we know we don't have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending Super Pig Entertainment r our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Super Pig Entertainment, you agree that:

    Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.

  10. Dispute Resolution.
  11. Limitation of Liability and Disclaimer of Warranties.
  12. THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

  13. Third Party Disputes.
  14. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE Super Pig Entertainment PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  15. Indemnification
  16. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Super Pig Entertainment Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of this EULA; (b) your access to, use or misuse of Super Pig Entertainment Content or the Service; or (c) your User Content. Super Pig Entertainment will provide notice to you of any such claim, suit or proceeding. Super Pig Entertainment reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Super Pig Entertainment believes that you are unwilling or incapable of defending Super Pig Entertainment's interests. In such case, you agree to cooperate with any reasonable requests assisting Super Pig Entertainment's defense of such matter at your expense.

  17. Term and Termination of the EULA.
  18. Consent to Electronic Communications.
  19. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  20. Miscellaneous
  21. This EULA is governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Santa Clara County, California. You agree that no joint venture, partnership, employment or agency relationship exists between you and Super Pig Entertainment as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Super Pig Entertainment other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of Super Pig Entertainment to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Super Pig Entertainment unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Super Pig Entertainment and you, this EULA constitutes the entire agreement between you and Super Pig Entertainment with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. Yu may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Super Pig Entertainment. This means that in the event you dispose of any device on which you have installed an App, such as by sale or gift, you are responsible for deleting such App from your device prior to such disposition. Super Pig Entertainment may assign this EULA, including all its rights hereunder, without restriction.

  22. Contact Us.
  23. If you would like to contact us in connection with your use of the Service, then you may do so by mail at Super Pig Entertainment, Inc., 500 Victoria Ave, Westmount, QC H3Y 2R5 Canada, and by email at info@riff.love

  24. Open Source Software.
  25. The Apps contain certain open source software. Each item of open source software is subject to its own applicable license terms, which are set forth in the section of the applicable App entitled:

  26. Billing
  27. Please note that purchases of a subscription are made through the Apple iTunes Store, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

    To ensure uninterrupted service, all Super Pig Entertainment subscriptions are renewed automatically by Apple using the credit card on file for your Apple iTunes Account. Annual subscriptions are billed in one payment at the time of purchase, and automatically renew at the end of the initial term, at the rate secured at the time of purchase.

    You may cancel automatic renewal by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscriptions you want to modify. If you cancel a subscription, your subscription will terminate at the end of your current subscription period.

    You understand and acknowledge that Super Pig Entertainment may adjust the pricing for its products and services in the future and that you will be charged such adjusted fees on a going forward-basis after notice to you from Apple.

    NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Super Pig Entertainment only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of the Apps to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Apps. Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Super Pig Entertainment provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.

    This Agreement was last modified and effective as of October 1, 2020.