Last update September 24, 2026
These Terms of Use (“Terms”) constitute a legal agreement between you and Criterion Janus Holdings LLC (“Criterion”, “we”, “our”, or “us”).
These Terms govern your use of Criterion Services. The “Services” means: (i) any website, mobile application, feature, functionality, product, service, or other offering owned or operated by Criterion on which these Terms are posted or linked; (ii) all images, videos, text, audio, and merchandise, media, other content made available through the foregoing (“Content”); and (iii) any purchase you make through the Services.
PLEASE READ THE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. SECTION 7 OF THESE TERMS CONTAINS MANDATORY WAIVERS OF CLASS ACTIONS AND JURY TRIALS. PLEASE SEE THE DISPUTE RESOLUTION PROVISIONS IN SECTION 7 FOR MORE INFORMATION.
For detailed information on how to cancel your subscription to the Criterion Channel, see Section 3 below.
For questions, please contact Criterion at support@criterion.com.
BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. Please read them carefully.
1. Eligibility and Acceptance of Terms.
1.1. Acceptance. You may access the Services in accordance with the Terms. You represent that you have read, understood, and agree to be bound by these Terms in connection with your access to and/or use of the Services. If you do not agree to these Terms, you may not access or use the Services. Each time you use the Services, you will be deemed to have agreed to these Terms.
1.2. Modification. Except as otherwise provided herein, Criterion reserves the right, at its sole discretion, to modify or replace the Terms at any time. Any changes will be incorporated into the Terms, and you should check the Terms periodically for updates. Changes will be effective immediately and will apply only on a going-forward basis unless otherwise provided. Use of the Services following such modification constitutes your acceptance of the modified Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.
1.3. Eligibility. The Services are intended for individuals who are 18 years of age or older and reside in the United States (including its territories and possessions) or Canada. You may not access or use the Services if you are barred from receiving the Services under these Terms or applicable law. By accessing or using the Services, you represent and warrant that (i) you are at least 18 years of age, (ii) you are not located in a country that is subject to a U.S. government embargo, and (iii) your access to and use of the Services will comply with the United States export control and economic sanctions requirements.
2. Accounts.
2.1. Creation. To create an account, you must provide certain information about yourself. You must be at least eighteen (18) years of age or older to register for an account. By registering, you acknowledge and agree that you are at least eighteen (18) years of age, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change. During the registration process, you must select a password. It is your responsibility to ensure that your password remains confidential.
2.2. Responsibility. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your account. You agree to notify Criterion immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. Criterion is not liable for any loss, damage, or purchase resulting from your failure to maintain the confidentiality of your account as provided herein.
3. Subscription Terms.
3.1. Subscription Options. When purchasing a subscription to the Services, you may be presented with different plans or add-on options (each a “Plan”), and these Plans may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability. We reserve the right to change the terms of your subscription, including the price, from time to time. You are responsible for all internet access and device charges.
3.2. Fees and Auto-Renewal. Subscriptions require automatic enrollment into a recurring payment plan. IF YOU SIGN UP FOR A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUBSEQUENT BILLING PERIODS OF EQUAL LENGTH TO YOUR CURRENT BILLING PERIOD (FOR EXAMPLE, MONTHLY OR ANNUALLY) AT THE END OF THE BILLING PERIOD AT THE THEN-CURRENT SUBSCRIPTION FEE (PLUS APPLICABLE TAXES AND FEES) UNLESS YOU CANCEL IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. Payment will be charged to your chosen payment method upon purchase confirmation and at the start of every new billing period unless you cancel. Your billing period is the interval between each recurring billing date and corresponds to the term of your subscription. We will give you advance notice of any price change prior to the next billing date, but we will not be able to notify you of any changes in applicable taxes or fees. If you do not wish to accept a price change, you may cancel your subscription in accordance with Section 3.4 below. IF YOU DO NOT TIMELY CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE NEW PRICE IN EFFECT AT THE TIME OF THE RENEWAL, AND YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD FOR THESE AMOUNTS.
3.3. Fees Trials. From time to time, Criterion may offer subscriptions to the Services on a limited, free-trial basis (“Free Trials”), and the availability and length of any such Free Trial may be limited in duration (the “Trial Period”). We have sole discretion to determine your eligibility for a Free Trial and may limit your opportunity to participate. If you are required to provide a payment method in connection with a Free Trial, your payment method will be charged the then-current subscription fee (plus applicable taxes and fees) for the Services following the expiration of the Trial Period unless earlier terminated in accordance with these Terms. You may not receive separate notice that your Trial Period is about to end or has ended or that your paid or full price subscription to the Services has begun unless such notice is required by applicable law.
3.4. Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICES AT ANY TIME BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD OR TRIAL PERIOD. You will need to cancel the subscription in the same way you subscribed. Cancellation will take effect at the end of the then-current billing period or Trial Period. You must cancel your subscription on the day before your next recurring billing date in order to avoid being charged for the next billing period.
4. Purchases.
4.1. Changes and Descriptions. Criterion reserves the right, with or without prior notice, to change descriptions or references to Content, limit the available quantity, honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions, and/or refuse to provide you with any Content. Price and availability are subject to change without notice. We have made every effort to display as accurately as possible the colors of merchandise, media, and that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. The quality of the display of Content may vary from device to device, and may be affected by a variety of factors, including your location and the speed of your Internet connection. We reserve the right to cancel any order at any time, for any reason, at our sole discretion.
4.2. Payment Method. If you purchase Content or a subscription, you will be asked by Criterion or its designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account to purchase any such product. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to the Services.
4.3. Refunds. We reserve the right to issue refunds, credits, or discounts in our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future and may terminate your account or access to a subscription. Refunds will be issued to your original payment method within a reasonable time period. We may terminate your account or access to a subscription if we determine, in our sole discretion, that you have abused our refund policy.
5. Content and Usage.
5.1. Ownership. The Services contain Content that is owned by Criterion as well as third parties. All title, ownership and intellectual property rights in and to the Services, including copyrights, trademarks, service marks, proprietary rights, and Content are owned by Criterion, or its respective licensors. Except as expressly authorized by Criterion, you agree not to modify, rent, republish, lease, loan, sell, distribute or create derivative works based on the Services or its Content, in whole or in part. You may not use any of Criterion’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Criterion’s consent, and you acknowledge that you have no ownership rights in or to any such items. Nothing herein will be deemed to grant you any right, title, or interest in or to the Services or its Content.
5.2. Limited License. Criterion grants you a personal, limited, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services as set forth in these Terms. Your right to use the Services is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Services or any component of it, except as expressly authorized by Criterion. Nothing in these Terms shall be construed as granting you any rights other than those expressly provided herein. All rights and licenses not expressly granted herein are expressly reserved by Criterion. We may change, suspend, or discontinue the Services, in whole or in part, at any time for any reason without notice or liability to you. You must comply with any applicable third-party terms when using the Services.
5.3. User Content. The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as photographs, messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other users. When submitting User Content on or through the Services, you agree to abide by these Terms. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. You represent and warrant that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content on or through the Services without violating any third-party rights. When you submit User Content on or through your use of the Services, you grant Criterion a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for any legitimate business purpose, in any media formats, and through any media channels. Notwithstanding the above, you shall retain your intellectual property rights in your User Content.
You acknowledge and agree that Criterion does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. Criterion is not responsible or liable for any User Content. User Content may not reflect the views of Criterion, and we do not endorse any User Content that you or other users upload. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities.
5.4. Accuracy and Availability. Content may include inaccuracies or typographical errors. Criterion has the right but not the obligation to make changes and updates to any Content without prior notice. Some Plans may enable you to stream Content simultaneously to multiple devices. You acknowledge that simultaneous streaming may be subject to limitations, which may change from time to time. Content availability is subject to change and may vary depending on your geographic location, device, Plan, or other factors. Certain programming may be subject to blackout restrictions imposed by content providers, governing bodies, or others. We reserve the right to modify or discontinue any Content at any time without notice or liability. By using the Services, you acknowledge and agree that: (i) not all Content is available in all locations or at all times, (ii) blackout restrictions may prevent access to specific Content, and (iii) attempts to circumvent these restrictions may result in suspension or termination of your account or subscription.
5.5. Compatibility. To use the Services, you will need to use a computer, mobile device, or other device that meets the Service’s system and compatibility requirements (which we may update from time to time). Features and functionalities that we make available through the Services may differ by device. Please check the requirements periodically, as we may change or stop supporting any hardware or software platforms at any time. In order to access the Services, you need a high-speed internet connection for your compatible device. You are responsible for any costs associated with your internet service. From time to time the Services may be unavailable for any reason, including, without limitation periodic maintenance. We are not responsible for the performance of devices you use to access the Services, including the ongoing compatibility of such devices with the Services, and you agree to look solely to the entity that manufactured and/or sold or leased you the device for any issues related to it. We make no representations or warranties about the quality of your viewing experience on your device or other display.
5.6. Ratings. Content types, ratings, reviews, genres, categories, and descriptions are provided for your convenience, and we do not guarantee that you will agree with these suggestions. You acknowledge that Content is inherently subjective, and the Services may include Content that you find offensive, indecent, explicit, or otherwise objectionable. Content may be edited, reformatted, or otherwise modified from its original version.
5.7. Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Criterion notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed; (ii) identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) 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; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Failure to include all of this above information may result in delay. You may send your claims of copyright or other intellectual property infringement to support@criterion.com.
5.8. Prohibited Uses. You agree not to (directly or indirectly), in connection with your use of the Services: (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Services or any component thereof, (ii) use or exploit the Services or any component thereof except solely as expressly permitted pursuant to these Terms, (iii) alter or remove any copyright, trademark, or other protective notices, (iv) reverse-engineer, decompile, or disassemble the Services, (v) use the Services in a manner that could, directly or indirectly, pose harm or other safety concerns, (vi) transmit or distribute any viruses, malware, or other harmful code, (vii) collect or compile data from the Services through manual or automated means, or (viii) use or encourage or facilitate others’ use of any portion of the Services for any unlawful purpose or in violation of applicable law, including for any purpose that is fraudulent, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate, or is otherwise unlawful. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including terminating accounts, blocking access to the Services, or taking other corrective actions we deem appropriate.
5.9. Termination. Criterion may terminate or suspend your access to the Services immediately, without prior notice or liability, if Criterion believes you have violated the Terms or for any other reason in Criterion’s sole discretion. Upon termination, your right to use the Services will immediately cease. You agree that Criterion shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, Ownership, Disclaimer, Indemnification, Limitation of Liability, and Dispute Resolution. Upon our termination of your account, all rights granted by us to you in these Terms will automatically terminate and immediately revert to us, but these Terms will remain in full force and effect with respect to your past use of the Services.
6. Disclaimers, Indemnification, and Limitation of Liability.
6.1. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CRITERION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES, CRITERION’S PERFORMANCE, OBLIGATIONS, AND ALL PERFORMANCE OBLIGATIONS OF CRITERION’S SUBCONTRACTORS, SERVICE PROVIDERS, AND LICENSORS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. CRITERION DOES NOT REPRESENT OR WARRANT THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME, OR (ii) THE SERVICES’ OPERATION OR DELIVERY WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRITERION HEREBY DISCLAIMS (FOR ITSELF, ITS SUBCONTRACTORS, SERVICE PROVIDERS, AND LICENSORS) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
IN SOME JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT BE PERMISSIBLE AS TO INDIVIDUALS, IN WHICH CASE THE ABOVE LIMITATIONS SHALL BE CONSTRUED AND ENFORCED ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
6.2. Indemnification. You agree to defend, indemnify, and hold harmless Criterion and its officers, directors, employees, agents, licensors, and representatives from and against any claims, liabilities, damages, losses, actions, and expenses, including reasonable attorneys’ fees, of any kind arising out of or in any way connected to: (i) any actual or suspected breach of these Terms, (ii) your User Content, or (iii) your access to or use of the Services or any use of your account via the Services. Criterion reserves the right to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. In the event Criterion seeks indemnification, you agree to: (i) grant control of the defense and settlement to Criterion, and (ii) reasonably cooperate with Criterion at your expense.
6.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CRITERION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, DESTRUCTION, UNAUTHORIZED ACCESS, OR ANY OTHER FORM OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRITERION HAS BEEN ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, CRITERION’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL CRITERION’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO CRITERION IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY.
7. Dispute Resolution.
7.1. Applicable Law. These Terms shall be governed and construed in all respects in accordance with the laws of the State of New York, without regard to any conflict of laws principles. The courts of general jurisdiction located within New York, New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning any use of the Services or these Terms.
7.2. Dispute Resolution. You and Criterion agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms, any use of the Services, or User Content will be resolved in New York federal or state (including small claims) court. This dispute resolution procedure expressly supersedes any prior provision of these Terms. You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to or connected with any use of the Services, these Terms, or other transactions or relationships you have with Criterion, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7.3. No Opt Out Rights. You do not have the right to opt out of this Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms (including this Dispute Resolution section) is to cancel your subscription (if any) and cease use of the Services.
7.4. WAIVER OF CLASS ACTIONS. BY USING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU AND CRITERION ACKNOWLEDGE AND AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
7.5. WAIVER OF JURY TRIALS. BY USING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU AND CRITERION ACKNOWLEDGE AND AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM.
8. Additional Terms.
8.1. Assignment. These Terms are not assignable by you without Criterion’s prior written consent. Criterion may assign any of its rights or delegate any of its duties under these Terms without the prior written consent, including with respect to an assignment in whole as part of Criterion’s merger, change of control or other combination by operation of law of all or substantially all of its business and assets. Any purported assignment in breach of this assignment provision will be null and void.
8.2. Geographic Availability. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States, Canada, or the country in which you reside. The Services are controlled and operated by Criterion from the United States. We do not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.
8.3. Third Party Links and Platforms. The Services may integrate, be integrated into, or be provided in connection with third-party services, content, and devices. Further, the Services may provide links to third-party content, including, but not limited to, social media platforms. Because Criterion has no control over such content, you acknowledge and agree that Criterion is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for: (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Criterion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. We encourage you to review the terms of use and privacy policies of such third-party sites.
8.4. Apple Terms. If the Services that you download, access, and/or use run on Apple’s iOS operating system, you acknowledge and agree that: (i) these Terms are between you and Criterion, and not with Apple; (ii) Apple is not responsible for the Services; (iii) Apple has no obligation at all to provide any support or maintenance services in relation to the Services, and if you have any maintenance or support questions in relation to the Services, please contact Criterion; (iv) any claims related to use of the Services are between you and Criterion and Apple is not responsible for addressing any claims, including, but not limited to product claims, any claim arising under consumer protection, privacy, or similar legislation, and any claim that the Services fails to conform to any applicable legal or regulatory requirement; (v) in the event of any claim by a third-party that your possession or use of the Services infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; (vi) your use of the Services will comply with any applicable terms of agreement with Apple and you will not use the Services in any manner that is in violation of or inconsistent with usage rules set forth by Apple; (vii) your license to use the Services is limited to a non-transferable license to use the Services on a device that you own or control, as permitted by the terms of your agreement with Apple, except that such Services may be accessed and used by other accounts associated with the purchaser of the device via family sharing, volume purchasing, or legal contacts; and (viii) Apple is a third-party beneficiary under these Terms and will have the right to enforce these Terms against you. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.5. Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations, other than payment obligations, due to any cause which is beyond its reasonable control and not avoidable through the exercise of reasonable diligence, including, by way of example, but only to the extent beyond the reasonable control of a party and not avoidable through the exercise of reasonable diligence: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terrorism, war, governmental action, earthquakes, pandemics and other public health emergencies.
8.6. Severability; Waiver; Headings. Any provision of these Terms determined to be unenforceable or invalid by applicable law or court decision shall not render these Terms unenforceable or invalid as a whole and, in such event, such provision shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law or court decision. A party’s failure to require the other party’s performance of any obligation herein shall not affect the full right to require such performance at any time thereafter. A party’s waiver of the other party’s breach of any obligation under these Terms shall not be taken or held to be a waiver of the obligation itself or of any past or subsequent breaches of the same obligation. Headings used in these Terms are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect these Terms.
8.7. Entire Agreement. These Terms set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties as to the subject matter of these Terms. Neither party is relying on any warranties, representations, assurances, or inducements not expressly set forth herein.
8.8. Privacy. For more information about our collection, use, and sharing of your information, please refer to our Privacy Policy.
8.9. Notice. Any notices required or permitted herein shall be given to you at the email address we have on file and shall be provided to Criterion at support@criterion.com.