SKWAD provides an online video and gaming service offering a selection of cartoons, shows, movies, clips, games and other content (collectively, the "Content"). Our Site, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by SKWAD in connection with its services, however accessed, are referred to collectively as the "SKWAD Services."
The Content is available for viewing on or through the Site and SKWAD authorized applications, features and devices (collectively, the "Properties").
When using particular SKWAD Services or features of the Site, including any SKWAD mobile applications, both these Terms and a separate terms document or end-user license agreement may apply to your use of that feature or service ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
3. ACCESS AND USE OF THE SKWAD SERVICES
SKWAD owns and retains all rights to the SKWAD Services. Content you access and view as part of the SKWAD Services is owned or controlled by SKWAD and SKWAD' licensors. The SKWAD Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Subject to your strict compliance with these Terms, SKWAD hereby grants you a non-exclusive, limited, revocable, non-assignable, non-transferable license to use the SKWAD Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, solely for personal, non-commercial purposes as set forth in these Terms. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access-control measure associated with the Content, including geo-filtering mechanisms. You may not, either directly or through the use of any device, software, internet site, web-based service, or other means, copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by SKWAD in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by SKWAD in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by SKWAD. The Content covered by these restrictions includes, without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by SKWAD in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player.
Additionally, you may not do any of the following:
- use the SKWAD Service in any manner that interferes with the normal function of the SKWAD Service or normal access to the Service of other users, including by utilizing a disproportionately large percentage of the capacity of the SKWAD Service
- access or attempt to access other users' accounts through password mining or any other means
- use any unauthorized means to modify, reroute, or gain access to the SKWAD Service
- interact with the SKWAD Service in a way intended to sidestep or otherwise nullify any restriction or limitation that we have placed on the use of the SKWAD Service by you or others, or to improperly avoid incurring fees payable to us or others
- damage, disable, overburden, or impair the SKWAD Service, including by uploading or transmitting to any element of the SKWAD Service or to any servers, computer or networks connected to or accessible via the Service, any malicious code, virus, Trojan horses, worm, time bombs, or other computer programming routines that may initiate a denial of service attack or otherwise attempt to interfere with or disrupt the normal operation of any element of the SKWAD Service; or
- corrupt, damage, steal, or access or use without authorization, any information stored, processed or transmitted by the Service or any servers, computer or networks connected to or accessible via the Service.
If SKWAD determines in its sole discretion that you are violating any of these Terms, we may (i) close your account, notify you, and demand that you immediately cease use of the SKWAD Service and/or (ii) use technical measures to block or restrict your access or use of the SKWAD Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the SKWAD Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. We may, in our sole and absolute discretion, change, suspend, or discontinue - temporarily or permanently - some or all of the SKWAD Services (including access to some or all of the Content and any mobile applications or devices through which the SKWAD Services may be accessed), with respect to any or all users, at any time without notice. You agree that SKWAD will not be liable to you for any modification, suspension, or discontinuance of the SKWAD Services, although if you are a SKWAD Premium subscriber and SKWAD suspends or discontinues the SKWAD Premium service, SKWAD may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if SKWAD terminates your account or suspends or discontinues your access to SKWAD Services due to your nonpayment or violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
You are responsible for any costs you incur to access the internet.
4. SKWAD PREMIUM SUBSCRIPTIONS AND BILLING
You may obtain a SKWAD Premium subscription through: (i) the website located at www.skwadplay.com (described in Section A below), or (ii) through a specific device application (such as, by way of example, through an iPad application, an iPhone application or an Android device application(described in Section B below).
You agree that your SKWAD Premium subscription is for individual use only and your SKWAD Premium subscription is limited to five (5) devices. Additionally, you agree that for various reasons, certain Content that may be accessible through one Property may not be accessible through other Properties
A. Premium Subscription through SKWAD Website
If you obtain your Toon Goggles Premium subscription through the Toon Goggles website, by providing a credit card or other payment method accepted by SKWAD ("Payment Method") for your Premium subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of SKWAD Premium to the Payment Method. If you want to use a different Payment Method than the one you provided during registration, or if there is a change in your credit card validity or expiration date, please contact our customer service department by visiting our customer service web page at http://www.skwadplay.com/contact. If your Payment Method expires and you do not notify us of a change in your Payment Method information or cancel your account, will no longer be able to access those Toon Goggles Services that are only provided to Toon Goggles Premium subscribers.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a "Monthly Period"). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. If SKWAD changes the subscription fee or other charges for SKWAD Premium from time to time, we will give you advance notice of these changes by email to the address then associated with your account. However, we will not be able to notify you of changes in any applicable taxes.
Your SKWAD Premium subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period; this means that you will have continued access to SKWAD Premium for the remainder of that period, but you will not receive a refund. If you cancel your subscription, you will still have access to those SKWAD Services that do not require payment.
We reserve the right to pursue any amounts you fail to pay in connection with SKWAD Premium. You will remain liable to SKWAD for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from SKWAD that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel SKWAD Premium prior to the last day of your free trial period. You can cancel your subscription by contacting our customer service department by visiting our customer service web page at http://www.skwadplay.com/contact. As described above, we will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. To the extent SKWAD Premium subscriptions are offered in conjunction with purchases of, or payment for, third-party products or services, you agree that SKWAD will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services.
B. Premium Subscription Via Device Applications
If you obtain your SKWAD Premium subscription through a specific device application, Additional Terms will apply to such subscription. For example, if you subscribe to SKWAD Premium through an iPhone application or an iPad application, the Additional Terms located at www.apple.com/legal/internet-services/itunes/us/terms.html will apply to such subscription including, but not limited to, the following terms:
- Payment for such subscription will be charged to your iTunes Account at confirmation of your subscription.
- Your subscription may be managed by going to your iTunes Account Settings.
- Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current period.
- No cancellation of the current subscription is allowed during the active subscription period.
- Any unused portion of a free trial period, if offered, will be forfeited when you initiate a subscription.
5. ACCOUNTS AND REGISTRATION
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any SKWAD representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password.
You may terminate your account by contacting our customer service department by visiting our customer service web page at http://www.skwadplay.com/contact. Please note, if you are a SKWAD Premium subscriber, and you terminate your account, such termination will automatically terminate your Premium subscription.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER MATERIAL
As part of the SKWAD Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") videos, audio-visual works, reviews, comments, or other materials (collectively, "User Material").
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant SKWAD the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. SKWAD will remove all User Material if we are properly notified that such User Material infringes on another person's rights pursuant to Section 12. You acknowledge that SKWAD does not guarantee any confidentiality with respect to any User Material.
You agree to the following restrictions in connection with Posting User Material:
- You may not Post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights
- You agree that you will not Post or transmit any User Material (even if made in a joking, sarcastic or unintended manner) that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including an attempt to engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or a conspiracy to commit any criminal activities
- infringes or violates any right of a third party, including copyright, patent, trademark, trade secret or other proprietary or contractual rights or such party's right of privacy or publicity, or any confidentiality obligations you may owe to such party
- distributes another's personal information of any kind without their express permission
- is commercial, business-related or advertises or offers to sell any products, services or solicits others, including solicitations for contributions or donations, whether or not for profit
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person's or entity's use or enjoyment of the Site or the SKWAD Services
- does not pertain to the designated topic or theme of the activity, including, but not limited to, being antisocial, disruptive or destructive including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet
- refers to any website or URL that, in the sole discretion of Toon Goggles, Inc., contains material that is inappropriate for the Site, contains content that would be prohibited on the Site, or violates the letter or spirit of these Terms; and/or
- is otherwise inappropriate for children.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. SKWAD does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of SKWAD. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does SKWAD assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against SKWAD with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. Please email firstname.lastname@example.org (subject line: "Inappropriate User Material").
8. LINKED DESTINATIONS AND ADVERTISING
SKWAD is not responsible for the content or practices of any website or destination other than the SKWAD Site, even if it links to the SKWAD Site and even if the website or destination is operated by a company affiliated or otherwise connected with SKWAD. By using the SKWAD Services, you acknowledge and agree that SKWAD is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the SKWAD Site.
SKWAD takes no responsibility for advertisements or any third-party material posted anywhere on the SKWAD Service, or the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the SKWAD Services are between you and the advertiser, and you agree that SKWAD is not liable for any loss or claim that you may have against an advertiser.
SKWAD, the SKWAD logo, www.skwadplay.com, and other SKWAD marks, graphics, logos, scripts, and sounds are trademarks of SKWAD. None of the SKWAD trademarks may be copied, reproduced, downloaded, or otherwise exploited without SKWAD' express written consent.
10. UNSOLICITED SUBMISSIONS
It is SKWAD's policy not to accept unsolicited submissions, including scripts, story lines, articles, characters, drawings, information, suggestions, ideas, or concepts. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Toon Goggles does not accept unsolicited materials or ideas. However, if you do submit unsolicited submissions despite this request, you agree that all such submissions are "User Materials" and that you grant us the license set forth in Section 7.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SKWAD SERVICES, YOU AGREE THAT USE OF THE SKWAD SERVICES IS AT YOUR OWN RISK. THE SKWAD SERVICES, INCLUDING THE SKWAD SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKWAD DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SKWAD SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL SKWAD OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "SKWAD PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SKWAD SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SKWAD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SKWAD PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO SKWAD, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SKWAD SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SKWAD PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR USE OF THE SKWAD SERVICES (INCLUDING YOUR USE OF THE CONTENT), OR ANY USER MATERIAL SUBMITTED USING YOUR SKWAD ACCOUNT, WHETHER OR NOT SUCH USER MATERIAL IS SUBMITTED BY YOU. SKWAD RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), SKWAD has a designated agent for receiving notices of copyright infringement and SKWAD follows the notice-and-take-down procedures of the DMCA. If you believe that any Content, User Material, or other material provided through the SKWAD Services, including through a link, infringes your copyright, you should notify SKWAD of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that SKWAD receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be mailed, emailed or faxed to (subject line: "DMCA Takedown Request"):
Toon Goggles, Inc.
Attn: Paul S. Levine
20251 Ventura Blvd. Ste. B
Woodland Hills, CA 91364
Facsimile: (310) 450-0181
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SKWAD Services that is reasonably sufficient to enable SKWAD to identify and locate the material (e.g., the URL of the allegedly infringing material); (iv) how SKWAD can contact you, such as your address, telephone number, and email address; (v) a 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 (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
If you believe that any Content, User Materials, or other materials provided through the SKWAD Service violates your rights other than copyrights, please send a notification to the contact information above (subject line: "Non-Copyright IP Infringement") and provide at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. SKWAD has a policy of terminating repeat infringers in appropriate circumstances.
13. LINKING POLICY
SKWAD grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with SKWAD or its products or services, any SKWAD Court property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with SKWAD; (c) must not frame or create a browser or border environment around any of the Content or otherwise mirror any part of the SKWAD Services; (d) must not use any SKWAD trademarks without the prior written permission from SKWAD; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in SKWAD' sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in SKWAD' sole discretion). If you do link to the Site, the link must be in plain text, unless otherwise pre-approved in writing by SKWAD. SKWAD reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the SKWAD Services or these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, SKWAD reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
14. GENERAL INFORMATION
We are a company based in the United States. SKWAD's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where SKWAD does not have rights or does not offer services is prohibited.
Software and the transmission of applicable technical data, if any, in connection with the SKWAD Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
15. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TOON GOGGLES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Toon Goggles for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Toon Goggles, 20251 Ventura Blvd. Ste. B, Woodland Hills, CA 91364 Attn: Dispute Resolution.
16. GOVERNING LAW:
You and SKWAD acknowledge that in the event of any third party claim that the SKWAD Services infringes that third party's intellectual property rights, SKWAD, not the Third Party, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. SKWAD, not the Third Party, is responsible for addressing any claims of the end-user or any third party relating to the SKWAD Services, including, but not limited to: (i) product liability claims; (ii) any claim that the SKWAD Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.