Toast Mobile built the Pixel Plex app as a Free app. This SERVICE is provided by Toast Mobile at no cost and is intended for use as is.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Pixel Plex unless otherwise defined in this Privacy Policy.
Information Collection and Use
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Username, Email. The information that we request will be retained by us and used as described in this privacy policy.
The app does use third party services that may collect information used to identify you.
Link to privacy policy of third party service providers used by the app
Log Data
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
Service Providers
We may employ third-party companies and individuals due to the following reasons:
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at support@toastmobile.com.
1. About
By downloading Pixel Plex, you accept this Agreement and our Privacy Policy. Your relationship with Toast Mobile will be subject to these and only this Agreement and our Privacy Policy.
Each time you download Pixel Plex to your device a new Agreement is concluded and its terms apply to your use of this Game. By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to this Agreement and our Privacy Policy, you may not use or otherwise access the Services.
Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
2. End-User License Agreement 2.1 LicenseSubject to the terms of this Agreement, Toast Mobile grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use (the “License”).
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any Game in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Game. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
2.3 Local LawsYou are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
2.4 ModificationToast Mobile reserves the right, at any time, to modify, suspend, or discontinue Pixel Plexs or any part thereof with or without notice. You agree that Toast Mobile will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.
2.5 OwnershipGames provided to you are licensed to you and not sold. Toast Mobile (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to Pixel Plex, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any Game. The Toast Mobile name, logo, and the product names associated with Pixel Plexs belong to Toast Mobile (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Toast Mobile (and its licensors, where applicable) reserve all rights not granted in this Agreement.
2.6 AdsDuring gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
3. User Content 3.1 User Content“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Toast Mobile. Toast Mobile is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.2 LicenseBy uploading, distributing, or otherwise using your User Content with any Game, you automatically grant, and you represent and warrant that you have the right to grant to Toast Mobile an irrevocable, non-exclusive, royalty-free and fully paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game.
3.3 FeedbackIf you provide Toast Mobile any feedback or suggestions (“Feedback”), you hereby assign to Toast Mobile all rights in the Feedback and agree that Toast Mobile shall have the right to use such Feedback and related information in any manner it deems appropriate. Toast Mobile will treat any Feedback you provide to Toast Mobile as non-confidential and non-proprietary. You agree that you will not submit to Toast Mobile any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use PolicyThe following sets forth Toast Mobile’s – “Acceptable Use Policy”:
You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations. You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.
3.5 EnforcementWe reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4. Term and Termination4.1. This User Agreement runs for an indefinite term.
4.2. Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting Pixel Plex from your device.
4.3 If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement. Your breach of Sec. 2 or 3.4. shall be considered a material breach.
4.4 Either Party may terminate the User Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
4.5 Upon expiry, you will no longer be able to access Pixel Plex that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if Toast Mobile continues to operate Pixel Plex, you may again download Pixel Plex. However, any game-related data cannot be restored.
4.6. We may (a) suspend your rights to use any Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, Toast Mobile reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to Toast Mobile by the copyright owner or the copyright owner’s legal agent.
4.7. Upon termination of this Agreement, your right to use Pixel Plex will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. Toast Mobile will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.4, 5, 6, 7, 8, 9, 10, and 11.
5. IndemnityYou agree to defend, indemnify and hold harmless Toast Mobile (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any Game, (ii) your User Content, or (iii) your violation of this Agreement. Toast Mobile reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Toast Mobile and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Toast Mobile. Toast Mobile will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Parties6.1 Application Stores
You acknowledge and agree that the availability of Pixel Plex is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Toast Mobile and not with the Application Store. The Application Store is not responsible for Pixel Plex, 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). You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and your license to use Game is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.2 Third-Party ServicesToast Mobile may permit certain third-party applications (like leaderboards, game networks) to provide content through Pixel Plex (“Third Party Services”). Pixel Plex may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, Toast Mobile will share information with the Third-Party Service as described in the Toast Mobile Privacy Policy. Toast Mobile is not responsible for and does not control Third-Party Services. Toast Mobile provides these Third-Party Services only as a convenience to you. Toast Mobile has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
6.3 Other UsersA Game may contain User Content provided by other users of Pixel Plex. Toast Mobile is not responsible for and does not control the User Content. Toast Mobile 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. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Toast Mobile will not be responsible for any liability incurred as the result of any such interactions.
6.4 ReleaseYou hereby irrevocably and unconditionally release and forever discharge Toast Mobile (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Disclaimers7.1 GAMES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND Toast Mobile (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. Toast Mobile (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability8.1 IN NO EVENT SHALL Toast Mobile (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR Toast Mobile’S PRIVACY PRACTICES, ANY GAME, EVEN IF Toast Mobile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Toast Mobile’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR Toast Mobile’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID Toast Mobile IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL Toast Mobile’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. Fees9.1. In-app purchases.
Toast Mobile may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Toast Mobile may manage, control, modify or eliminate Virtual Items at any time, with or without notice. The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither Toast Mobile nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Toast Mobile has no liability for hacking or loss of your Virtual Items. Price and availability of Virtual Items are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started. Subject to mandatory legislation, you agree that Toast Mobile is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Agreement was voluntary or involuntary. If you request that your personal data to be erased as specified in Toast Mobile´s Privacy Policy, you will permanently and without a right to a refund lose all your Virtual Items as Toast Mobile can no longer associate such Virtual Items with you. YOU ACKNOWLEDGE THAT Toast Mobile IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE Pixel Plex.
9.2. SubscriptionsSome parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within Pixel Plex on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in Pixel Plex (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of Pixel Plex. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in Pixel Plex. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. Toast Mobile can not cancel your free-trial subscription if it has already been activated. Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled. Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are non-refundable. Toast Mobile in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
9.3. Godfather ProPayment for Godfather Pro will be charged to your iTunes Account at confirmation of purchase. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription. For more information, see our Terms of Service and Privacy Policy from the About icon above.
10. Miscellaneous10.1. Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of Pixel Plex. Continued use of Pixel Plex following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
10.2. NoticeAny notice provided to Toast Mobile pursuant to this Agreement should be sent to support@toastmobile.com
10.3. SeverabilityIf any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.4. Entire AgreementThis Agreement is the final, complete and exclusive agreement between you and Toast Mobile with respect to the subject matters hereof (including all Games) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Your relationship to Toast Mobile is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without Toast Mobile’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Toast Mobile may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
11. Apple Application Store Additional Terms and ConditionsThe following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Games from the Apple Application Store.
11.1 AcknowledgementToast Mobile and you acknowledge that this Agreement is concluded between Toast Mobile and you only, and not with Apple, and Toast Mobile, not Apple, is solely responsible for Game and the content thereof. To the extent this Agreement provides for usage the rules for Game that are less restrictive than the Usage Rules set forth for Game in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
11.2 Scope of LicenseThe license granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
11.3 Maintenance and SupportToast Mobile is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. Toast Mobile and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
11.4 WarrantyToast Mobile is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Toast Mobile’s sole responsibility.
11.5 Product ClaimsToast Mobile and you acknowledge that Toast Mobile, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Toast Mobile’s liability to you beyond what is permitted by applicable law.
11.6 Intellectual Property RightsToast Mobile and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, Toast Mobile, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.7 Legal ComplianceYou 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.
11.8 Developer Name and AddressToast Mobile’s contact information for any end-user questions, complaints or claims with respect to Game is set forth in Section 9.2.
11.9 Third-Party Terms of AgreementYou must comply with applicable third-party terms of agreement when using a Game.
11.10 Third-Party BeneficiaryToast Mobile and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.