Terms of Service

Last updated May 12, 2021

Clash TV is licensed to You (End-User) by ClashTV Holdings, Inc., located at 400 Madison Ave.,
Suite 11A,New York, New York 10017, United States (hereinafter: Licensor), for use only under
the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any update thereto (as permitted
by this License Agreement), You indicate that You agree to be bound by all of the terms and
conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this License
Agreement and is not bound by any provisions or obligations with regard to the Application,
such as warranty, liability, maintenance and support thereof. ClashTV Holdings, Inc., not Apple,
is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with
the latest App Store Terms of Service. ClashTV Holdings, Inc.acknowledges that it had the
opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

Clash TV (hereinafter: Application) is a piece of software created to Integrate video, gaming,
and social interaction.- and customized for Apple mobile devices. It is used to Allows users to
engage their friends while watching streaming content..

The Application is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this
Application. You may not use the Application in a way that would violate the Gramm-Leach-
Bliley Act (GLBA).

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the
Licensed Application on any Apple-branded Products that You (End-User) own or control and as
permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the
exception that such licensed Application may be accessed and used by other accounts associated
with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace,
repair, and/or supplement the first Application, unless a separate license is provided for such update
in which case the terms of that new license will govern.

2.3 You may not share or make the Application available to third parties (unless to the degree
allowed by the Apple Terms and Conditions, and with ClashTV Holdings, Inc.'s prior written
consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove,
modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code
of the Application, or any part thereof (except with ClashTV Holdings, Inc.'s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or
alter the Application or portions thereof. You may create and store copies only on devices that You
own or control for backup keeping under the terms of this license, the App Store Terms of Service,
and any other terms and conditions that apply to the device or software used. You may not remove
any intellectual property notices. You acknowledge that no unauthorized third parties may gain
access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may
be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the
Application, You must ensure that You comply with applicable third-party terms and conditions.

3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user
device on which You intend to use the Application satisfies the technical specifications mentioned

3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any

4.1  ClashTV Holdings, Inc. is not obligated, expressed or implied, to provide any maintenance,
technical or other support for the Application.

4.2  ClashTV Holdings, Inc. and the End-User acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the licensed

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the
Application, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Application and through third-party websites or
applications. As such, any Contributions you transmit may be treated as non-confidential and non-
proprietary. When you create or make available any Contributions, you thereby represent and
warrant that:

1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade secret,
or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Application, and other users of
the Application to use your Contributions in any manner contemplated by the Application
and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Application and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from
anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent

12. Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your rights to use the

By posting your Contributions to any part of the Application or making Contributions
accessible to the Application by linking your account from the Application to any of your
social networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-
exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use
copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache,
publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for any purpose,
commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in
other works, such as Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area in the Application. You are solely responsible for
your Contributions to the Application and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding your

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor your

7.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent
and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations),
Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the
foreseeable, contractually typical damages. The limitation mentioned above does not apply to
injuries to life, limb, or health.

7.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of
duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of
backup functions of the Application to the extent allowed by applicable third-party terms and
conditions of use. You are aware that in case of alterations or manipulations of the Application, You
will not have access to licensed Application.

8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other
malware at the time of Your download. Licensor warrants that the Application works as described in
the user documentation.

8.2 No warranty is provided for the Application that is not executable on the device, that has been
unauthorizedly modified, handled inappropriately or culpably, combined or installed with
inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or
by third parties, or if there are any other reasons outside of ClashTV Holdings, Inc.'s sphere of
influence that affect the executability of the Application.

8.3 You are required to inspect the Application immediately after installing it and notify ClashTV
Holdings, Inc. about issues discovered without delay by e-mail provided in Product Claims. The
defect report will be taken into consideration and further investigated if it has been mailed within a
period of __________ days after discovery.

8.4 If we confirm that the Application is defective, ClashTV Holdings, Inc. reserves a choice to
remedy the situation either by means of solving the defect or substitute delivery.

8.5  In the event of any failure of the Application to conform to any applicable warranty, You may
notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To
the maximum extent permitted by applicable law, the App-Store-Operator will have no other
warranty obligation whatsoever with respect to the App, and any other losses, claims, damages,
liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

8.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of
limitation amounting to twelve (12) months after the Application was made available to the user.
The statutory periods of limitation given by law apply for users who are consumers.

ClashTV Holdings, Inc. and the End-User acknowledge that ClashTV Holdings, Inc., and not
Apple, is responsible for addressing any claims of the End-User or any third party relating to the
licensed Application or the End-User’s possession and/or use of that licensed Application,
including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory
requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in
connection with Your Licensed Application’s use of the HealthKit and HomeKit.

You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or
restricted parties.

For general inquiries, complaints, questions or claims concerning the licensed Application,
please contact:

Clash TV
400 Madison Ave., Suite 11A
New York, NY 10017
United States

The license is valid until terminated by ClashTV Holdings, Inc. or by You. Your rights under this
license will terminate automatically and without notice from ClashTV Holdings, Inc. if You fail to
adhere to any term(s) of this license. Upon License termination, You shall stop all use of the
Application, and destroy all copies, full or partial, of the Application.

ClashTV Holdings, Inc. represents and warrants that ClashTV Holdings, Inc. will comply
with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer's End-User
License Agreement,” Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license
agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce
this End User License Agreement against You as a third-party beneficiary thereof.

ClashTV Holdings, Inc. and the End-User acknowledge that, in the event of any third-party claim
that the licensed Application or the End-User's possession and use of that licensed Application
infringes on the third party's intellectual property rights, ClashTV Holdings, Inc., and not Apple,
will be solely responsible for the investigation, defense, settlement and discharge or any such
intellectual property infringement claims.

This license agreement is governed by the laws of the State of New York excluding its conflicts
of law rules.

16.1 If any of the terms of this agreement should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.

16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.

These terms of use were created using Termly’s Terms and Conditions Generator.