PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS OF USE") BETWEEN YOU AND TITO INC. CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF TITO INC.'S ("TITO") PROPERTIES (COLLECTIVELY REFERRED TO AS "UBIQ" OR "TITO PROPERTIES"), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE "WEBSITE") IN ANY WAY, OR USING THE UBIQ MOBILE APPLICATION (THE "MOBILE APPLICATION" OR "APP"), INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES") BY (A) USERS OF THE SITE (COLLECTIVELY, THE "USERS"), (B) COMPLETING THE REGISTRATION PROCESS, (C) BROWSING THE WEBSITE, AND/OR (D) DOWNLOADING UBIQ'S APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UBIQ, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY AND TO BIND YOURSELF TO THE TERMS OF USE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

THE TERMS OF USE INCLUDE (1) YOUR AGREEMENT THAT TITO INC. HAS NO LIABILITY REGARDING THE SERVICES (SECTION 15); (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY (SECTION 14); (3) YOUR CONSENT TO RELEASE TITO INC. FROM LIABILITY BASED ON CLAIMS BETWEEN USERS (SECTION 5) AND GENERALLY (SECTION 15.2); AND (4) YOUR AGREEMENT TO INDEMNIFY TITO INC. FOR YOUR USE OR INABILITY TO USE THE SERVICES (SECTION 13).

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms"), and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the "Terms."

PLEASE NOTE THAT the Terms are subject to change by Tito in its sole discretion at any time. When changes are made, Tito will make a new copy of the Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the "Last Updated" date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 4.1 below), we will also send an email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Website, the Application, and the Services (collectively, "Ubiq") and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an email notice of such changes to Registered Users (defined in Section 4.1 below). Tito may require you to provide consent to the updated Terms in a specified manner before further use of Ubiq is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using Ubiq. Otherwise, your continued use of the Website, the Application, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1.   Overview

Ubiq's App provides users with a map of video and photo posts — both historical and in real-time ("Map"). Users may select to receive notifications based on the Map.

2.   Ubiq Only Provides a Venue

We do not take part in the interaction between users. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any ratings provided by users, or of the integrity, responsibility, or any actions of any users. Tito makes no representations about the suitability, reliability, timeliness, or accuracy in public, private, or offline interactions.

When interacting with other users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER TITO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. TITO AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF UBIQ.

3.   Use of the Services and Ubiq

Ubiq and the information and content available on Ubiq are protected by copyright laws throughout the world. Subject to the Terms, Tito grants you a limited license to reproduce portions of Ubiq for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Tito in a separate license, your right to use Ubiq is subject to the Terms.

3.1  Application License

Subject to your compliance with the Terms, Tito grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Ubiq Application on your mobile device that you own or control, and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store and Google Play Store (each, an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) as applicable, on an Apple-branded product that runs iOS (Apple's proprietary operating system) or on an Android product that runs on the Android platform; and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service and Google Play Store Terms of Service.

3.2  Updates

You understand that Ubiq is evolving. As a result, Tito may require you to accept updates to Ubiq that you have installed on your mobile device. You acknowledge and agree that Tito may update Ubiq with or without notifying you. You may need to update third-party software from time to time in order to use Ubiq.

3.3  Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit Ubiq or any portion of Ubiq, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Ubiq components (including images, text, page layout, or form) of Ubiq; (c) you shall not use any metatags or other "hidden text" using Ubiq's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of Ubiq except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access Ubiq in order to build a similar or competitive website, application, or service; (g) except as expressly stated herein, no part of Ubiq may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Ubiq. Any future release, update, or other addition to Ubiq shall be subject to the Terms. Tito, its suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of Ubiq terminates the licenses granted by Tito pursuant to the Terms.

3.4  Third-Party Materials

As a part of Ubiq, you may have access to materials that are hosted by another party. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.

4.   Registration

4.1  Registering Your Account

In order to access certain features of Ubiq, you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user who has registered an account on the Application ("Account"), has a valid account on the social networking service ("SNS") through which the user has connected to the Services (each such account, a "Third-Party Account"), or has an account with the application provider for the user's mobile device.

4.2  Access Through an SNS

If you access the Services through an SNS as part of the functionality of Ubiq, you may link your Account with Third-Party Accounts by allowing Ubiq to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Ubiq and/or grant Ubiq access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tito to pay any fees or making Tito subject to any usage limitations imposed by such third-party service providers. By granting Ubiq access to any Third-Party Accounts, you understand that Ubiq may access, make available, and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through Ubiq ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through Ubiq via your Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Ubiq. Please note that if a Third-Party Account or associated service becomes unavailable, or Ubiq access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Ubiq. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the App or Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND TITO DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Tito makes no effort to review any SNS Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and Tito is not responsible for any SNS Content.

4.3  Registration Data

In registering for the Services, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services' registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Ubiq under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Ubiq by minors. You may not share your Account or password with anyone, and you agree to (1) notify Ubiq immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Tito has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Tito has the right to suspend or terminate your Account and refuse any and all current or future use of Ubiq (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Tito reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights. You agree not to create an Account or use Ubiq if you have been previously removed by Tito, or if you have been previously banned from any of Ubiq.

4.4  Necessary Equipment and Software

You must provide all equipment and software necessary to connect to Ubiq, including but not limited to a mobile device that is suitable to connect with and use Ubiq, in cases where the Services offer a mobile component. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing Ubiq. By providing your cell phone number and using the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Services. Tito will not assess or charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing hello@ubiq.world.

5.   Release

Tito expressly disclaims any liability that may arise between users of its Services. The Services are only a venue for connecting users. Because Tito is not involved in the actual contract between users or in the completion of the sale, in the event that you have a dispute with one or more users, you release Tito (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6.   Responsibility for Content

6.1  Types of Content

You acknowledge that all Content, including Ubiq, is the sole responsibility of the party from whom such Content originated. This means that you, and not Tito, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available ("Make Available") through Ubiq, and other users of Ubiq, and not Tito, are similarly responsible for all Content they Make Available through Ubiq ("User Content").

6.2  No Obligation to Pre-Screen Content

You acknowledge that Tito has no obligation to pre-screen Content (including, but not limited to, User Content), although Tito reserves the right in its sole discretion to pre-screen, refuse, or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content, including without limitation chat, text, or voice communications. In the event that Tito pre-screens, refuses, or removes any Content, you acknowledge that Tito will do so for Tito's benefit, not yours. Without limiting the foregoing, Tito shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

6.3  Storage

Unless expressly agreed to by Tito in writing elsewhere, Tito has no obligation to store any Content that you Make Available on Ubiq. Tito has no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit, or receive transmission of Content, or the security, privacy, storage, or transmission of other communications originating with or involving use of Ubiq. Certain Services may enable you to specify the level at which such Services restrict access to Content. You are solely responsible for applying the appropriate level of access to Content. If you do not choose, the system may default to its most permissive setting. You agree that Tito retains the right to create reasonable limits on Tito's use and storage of the Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Tito in its sole discretion.

6.4  No Guarantee of Accuracy of Content

Although Tito strives to provide timely and accurate Content, you acknowledge that Tito does not guarantee the accuracy of Content on Ubiq, including the date, time, location, or authenticity of events, moments, or happenings, and related Content metadata.

7.   Ownership

7.1  Ubiq

Except with respect to User Content, you agree that Tito and its suppliers own all rights, title, and interest in Ubiq (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and documentation). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Ubiq.

7.2  Trademarks

Tito's stylized name and other related graphics, logos, service marks, and trade names used on or in connection with Ubiq are the trademarks of Tito and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in Ubiq are the property of their respective owners.

7.3  Other Content

Except with respect to User Content, you agree that you have no right or title in or to any Content that appears on or in Ubiq.

7.4  User Content

Tito does not claim ownership of User Content. However, when you as a user post or publish User Content on or in Ubiq, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display User Content (in whole or in part) worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in User Content.

7.5  License to User Content

Subject to any applicable account settings that you select, you grant Tito a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Content (in whole or in part) for the purposes of operating and providing Ubiq to you and to our other users. Please remember that other users may search for, see, use, modify, and reproduce any Content that you submit to any "public" area of Ubiq. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Tito, are responsible for all Content that you Make Available on or in Ubiq.

7.6  Username

Notwithstanding anything contained herein to the contrary, by submitting Content to any forums, comments, or any other area on Ubiq, you hereby expressly permit Tito to identify you by your username (which may be a pseudonym) as the contributor of Content in any publication in any form, media, or technology now known or later developed in connection with Content.

7.7  Your Account

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Tito.

7.8  Your Profile

Any Content posted by you in your profile may not contain violence, sexually explicit, or offensive subject matter.

7.9  Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Tito through its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is at your own risk and that Tito has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Tito a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Ubiq.

7.10  Reviews

The Services host User Generated Content that is related to reviews of certain users. Such reviews are opinions and are not the opinion of Tito, have not been verified by Tito, and each user should undertake his or her own research to be satisfied concerning any specific user. You agree that Tito is not liable for any User Generated Content.

8.   User Conduct

While using or accessing Ubiq, you agree that you will not, under any circumstances:

(a)  Breach or circumvent any laws, third-party rights, or our systems, policies, or determinations of your Account status;

(b)  Interfere with or damage Ubiq, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

(c)  Post false, inaccurate, misleading, defamatory, or libelous content;

(d)  Take any action that may undermine our feedback or ratings systems;

(e)  Transfer your Account and username to another party without our consent;

(f)  Bypass our robot exclusion headers, interfere with the working of Ubiq, or impose an unreasonable or disproportionately large load on our infrastructure;

(g)  Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(h)  Use Ubiq to collect, harvest, transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers; or

(i)  Post, comment, message, or otherwise make available any Content that (i) is unlawful, tortious, defamatory, vulgar, abusive, obscene, libelous, or racially, ethnically, or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities. Tito will not tolerate any such content and reserves the right to ban or delete your Account without warning.

9.   No Solicitation

The Services may not be used to solicit for any other business, website, or services. You may not solicit, advertise for, or contact in any form users for employment, contracting, or any other purpose not related to the Services facilitated through Ubiq. You may not use the Services to collect usernames and/or email addresses of users by electronic or other means without the express prior written consent of Tito.

10.  Investigations

Tito may, but is not obligated to, monitor or review Ubiq and Content at any time. Without limiting the foregoing, Tito shall have the right, in its sole discretion, to remove any Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although Tito does not generally monitor user activity occurring in connection with Ubiq or Content, if Tito becomes aware of any possible violations by you of any provision of the Terms, Tito reserves the right to investigate such violations, and Tito may, at its sole discretion, immediately terminate your license to use Ubiq, or change, alter, or remove Content, in whole or in part, without prior notice to you.

11.  Interactions With Other Users

11.1  User Responsibility

You are solely responsible for your interactions with other users of Ubiq and any other parties with whom you interact through Ubiq; provided, however, that Tito reserves the right, but has no obligation, to intercede in such disputes.

11.2  Content Provided by Other Users

Ubiq may contain User Content provided by other users. Tito is not responsible for and does not control User Content. Tito has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.

12.  Third-Party Services

12.1  Third-Party Websites and Ads

Ubiq may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") and advertisements ("Third-Party Ads") for third parties (collectively, "Third-Party Websites and Ads"). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad, we will not warn you that you have left Ubiq and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, or Third-Party Ads are not under the control of Tito. Tito is not responsible for any Third-Party Websites, Third-Party Applications, or Third-Party Ads. Tito provides these Third-Party Websites, Third-Party Applications, and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications, and Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Ads at your own risk. When you leave our App or Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

12.2  App Stores

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from which you received the Application license, e.g., the Apple App Store or Android app stores ("App Store"). You acknowledge that the Terms are between you and Tito and not with the App Store. Tito, not the App Store, is solely responsible for Ubiq, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Ubiq, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using Ubiq, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

13.  Indemnification

You agree to indemnify and hold Tito, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, "Tito Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Content; (b) your use of, or inability to use, Ubiq; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, or regulations. Tito reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tito in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to Ubiq.

14.  Disclaimer of Warranties and Conditions

14.1  As Is

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF UBIQ IS AT YOUR SOLE RISK, AND UBIQ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TITO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(a)  TITO PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) UBIQ WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF UBIQ WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF UBIQ WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN UBIQ WILL BE CORRECTED.

(b)  ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH UBIQ IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS UBIQ, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(c)  THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. TITO MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.

(d)  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TITO OR THROUGH UBIQ WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

(e)  From time to time, Tito may offer new Ubiq "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Tito's sole discretion. The provisions of this section apply with full force to such features or tools.

14.2  No Liability for Conduct of Third Parties

YOU ACKNOWLEDGE AND AGREE THAT TITO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TITO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. TITO MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TITO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH UBIQ.

14.3  No Liability for Conduct of Other Users

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF UBIQ. YOU UNDERSTAND THAT TITO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF UBIQ. TITO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF UBIQ. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF UBIQ.

14.4  No Liability for Your Conduct as a Result of the Services

TITO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SAFETY OF ANY LOCATIONS THAT USERS TRAVEL. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONDUCT, ACTIONS, AND INTERACTIONS, AND ANY HARM OR INJURIES RESULTING FROM YOUR USE OF UBIQ, INCLUDING ANY INJURY OR HARM THAT MAY OCCUR DURING OR UPON UNDERTAKING A MISSION OR YOUR ARRIVAL TO LOCATIONS FOR THE PURPOSE OF USING THE SERVICES. YOU UNDERSTAND THAT TITO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE SAFETY CONDITIONS OF THE MISSIONS OR ANY LOCATIONS THAT ARE IDENTIFIED BY USERS OF THE SERVICES. TITO DOES NOT MONITOR CONTENT THAT IS PUBLISHED IN UBIQ. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TITO IS NOT RESPONSIBLE FOR REPORTING ANY INCIDENTS, CRIMES, INJURIES, OR EMERGENCIES THAT MAY OCCUR AT LOCATIONS IDENTIFIED BY USERS.

15.  Limitation of Liability

15.1  Disclaimer of Certain Damages

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TITO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH UBIQ, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF UBIQ, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE UBIQ; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH UBIQ; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON UBIQ; OR (5) ANY OTHER MATTER RELATED TO UBIQ, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

15.2  Cap on Liability

UNDER NO CIRCUMSTANCES WILL TITO PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY TITO AS A RESULT OF YOUR USE OF UBIQ. IF YOU HAVE NOT PAID TITO ANY AMOUNTS, TITO'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).

15.3  Exclusion of Damages

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15.4  User Content

TITO PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.

15.5  Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TITO AND YOU.

16.  Procedure for Making Claims of Copyright Infringement

It is Tito's policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Tito by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Ubiq in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Ubiq of the material that you claim is infringing; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Tito's Copyright Agent for notice of claims of copyright infringement is as follows:

Attn: Tito Inc. Copyright Dept.

hello@ubiq.world

16.5  Termination and Suspension

Tito may terminate or suspend your right to use Ubiq at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue our Services. Without limitation, Tito may terminate or suspend your right to use Ubiq if you breach any provision of the Terms or any policy of Tito posted through Ubiq from time to time; if Tito otherwise finds that you have engaged in inappropriate and/or offensive behavior; if Tito believes you are creating problems or possible legal liabilities; if Tito believes such action will improve the security of our community or reduce another user's exposure to financial liabilities; if Tito believes you are infringing the rights of third parties; if Tito believes you are acting inconsistently with the spirit of these Terms; if despite our reasonable endeavors, Tito is unable to verify or authenticate any information you provide; or if you fail to pay all fees due for our Services by the payment due date. In addition to terminating or suspending your Account, Tito reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.

17.  Remedies

17.1  Violations

If Tito becomes aware of any possible violations by you of the Terms, Tito reserves the right to investigate such violations. If, as a result of the investigation, Tito believes that criminal activity has occurred, Tito reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Tito is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Ubiq, including Content, in Tito's possession in connection with your use of Ubiq, to (1) comply with applicable laws, legal process, or governmental request; (2) enforce the Terms; (3) respond to any claims that User Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property, or personal safety of Tito, its users, or the public, and all enforcement or other government officials, as Tito in its sole discretion believes to be necessary or appropriate.

17.2  Breach

In the event that Tito determines, in its sole discretion, that you have breached any portion of the Terms or have otherwise demonstrated conduct inappropriate for Ubiq, Tito reserves the right to:

(a)  Warn you via email (to any email address you have provided to Tito) that you have violated the Terms;

(b)  Delete any Content provided by you or your agent(s) to Ubiq;

(c)  Discontinue your registration(s) with Ubiq, including any Services or any Ubiq community;

(d)  Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(e)  Pursue any other action which Tito deems to be appropriate.

17.3  No Subsequent Registration

If your registration(s) with or ability to access Ubiq or any other Tito community is discontinued by Tito due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Ubiq or any Ubiq community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Ubiq services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Tito reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

18.  International Users

Ubiq can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Tito intends to announce such Services or Content in your country. Ubiq is controlled and offered by Tito from its facilities in the United States of America. Tito makes no representations that Ubiq is appropriate or available for use in other locations. Those who access or use Ubiq from other jurisdictions do so at their own volition and are responsible for compliance with local law.

19.  General Provisions

19.1  Electronic Communications

The communications between you and Tito use electronic means, whether you visit Ubiq or send Tito emails, or whether Tito posts notices on Ubiq or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Tito in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tito provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights.

19.2  Release

You hereby release Tito Parties and their successors from claims, demands, and any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Ubiq, including but not limited to any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Ubiq. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

19.3  Assignment

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Tito's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

19.4  Force Majeure

Tito shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19.5  Questions, Complaints, and Claims

If you have any questions, complaints, or claims with respect to Ubiq, please contact us at: hello@ubiq.world. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

19.6  Limitations Period

YOU AND TITO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, UBIQ, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19.7  Dispute Resolution

Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Tito and limits the manner in which you can seek relief from us.

(a)  Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of Ubiq, to any products sold or distributed through Ubiq, or to any aspect of your relationship with Tito, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Tito may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

(b)  Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Tito will pay them for you. In addition, Tito will reimburse all such JAMS filing, administrative, hearing, and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c)  Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Tito. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

(d)  Waiver of Jury Trial. YOU AND TITO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Tito are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.7(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(e)  Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.

(f)  30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to hello@ubiq.world within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Ubiq username (if any), the email address you used to set up your Ubiq account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.

(g)  Severability. Except as provided in subsection 19.7(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

(h)  Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Tito.

(i)  Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Tito makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Tito at the following address:

Tito Inc.

518 W. 181st Street #443

New York, NY 10033

19.8  Governing Law

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19.9  Choice of Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

19.10  Notice

Where Tito requires that you provide an email address, you are responsible for providing Tito with your most current email address. In the event that the last email address you provided to Tito is not valid, or for any reason is not capable of delivering to you any notices required or permitted by the Terms, Tito's dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Tito at the following address: hello@ubiq.world. Such notice shall be deemed given when received by Tito by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

19.11  Waiver

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

19.12  Severability

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

19.13  Export Control

You may not use, export, import, or transfer Ubiq except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Ubiq, and any other applicable laws. In particular, but without limitation, Ubiq may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using Ubiq, you 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. You also will not use Ubiq for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Tito are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Tito products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

19.14  Accessing and Downloading the Application from iTunes

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a)  You acknowledge and agree that (i) the Terms are concluded between you and Tito only, and not Apple, and (ii) Tito, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b)  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c)  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. As between Tito and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Tito.

(d)  You and Tito acknowledge that, as between Tito and Apple, Apple is not responsible for addressing any claims you have or any claims of 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.

(e)  You and Tito 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 Tito and Apple, Tito, 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 the Terms.

(f)  You and Tito acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(g)  Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

19.15  Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

19.16  Entire Agreement

The Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.