import React from 'react'; /* eslint-disable react/no-unescaped-entities, max-len */ interface TermsPageProps { brand?: string; } const TermsPage: React.FC = ({ brand }) => { const renderAwalTerms = () => (

AWAL DISTRIBUTION AGREEMENT

Capitalized terms (as well as “you” and “your”) are used as defined herein. Key definitions:

“Agreement” means this AWAL Distribution Agreement.
“AWAL” means AWAL Digital Limited (Company Number 4430703) with a registered office at 2 Canal Reach, London N1C 4DB.
“Digital Distribution” means distribution (or other authorization of use) of the Recordings by any current or future means or media as selected by AWAL in good faith, other than the distribution of physical products.
“Outlets” is defined in Section 1.01.
“Product Uploader” means the software, features and tools provided or made available by AWAL via which digital files can be added to the AWAL Portal.
“Properties” means all Recordings and all material to be delivered and exploited under this Agreement (including anything delivered by you (or on your behalf) under Section 1.02.
“Recordings” means all audio and/or audio‐visual recordings of commercial quality (as determined in AWAL’s sole discretion) delivered by You (in your sole discretion) to AWAL during the Term, including via the Product Uploader.
“Talent” means all recording artists, musicians, vocalists, producers, (re-)mixers, writers, musical performing artists, engineers, sample rights owners, songwriters, photographers, crew and any and all others who performed or participated in the making of any Properties.
“Term” commences on the date AWAL sends to you an email agreeing to be bound by these Terms & Conditions (“Effective Date”) and continues until terminated by either party on 30 days’ written notice in accordance with these Terms & Conditions.
“Territory” means the world.
“you,” “your” and “Client” each mean the individual or legal entity which registered your application via the AWAL website and, to the extent you are a legal entity, "you," “your” and “Client” also mean the recording artist or other individual(s) who own(s) the entity.

1. Exclusive Distribution Rights.
1.01 AWAL as Exclusive Distributor. You hereby appoint AWAL as the exclusive distributor of the Recordings during the Term and throughout the Territory, via Digital Distribution. This appointment includes the exclusive rights to sell, copy, distribute, perform, sublicense, monetize and otherwise exploit the Recordings (or any part thereof) via any and all forms of Digital Distribution, including direct to retailers, digital service providers, direct to consumers, and to others of any description that exploit sound or audiovisual recordings by any and all means and media (whether now known or existing in the future) as selected by AWAL in its discretion (“Outlets”), including as “art tracks” (such as via YouTube), and to sublicense such rights to Outlets accordingly. The appointment also includes the right to obtain for and assign to the Recordings ISRC and EAN/UPC‐A codes as needed. However, you reserve the right to request a takedown of any applicable Recording on thirty (30) days’ Notice hereunder, for convenience or for any other reason in your sole discretion, after which AWAL’s exclusivity with respect to such Recording will terminate unless and until you elect to redeliver it to AWAL hereunder.
1.02 Artwork; Name & Likeness. You hereby grant AWAL and the Outlets the right, solely in order to exploit and promote the Properties, to use: (i) artists’ names, trademarks, logos, likenesses, photographs and biographical material, and (ii) album and production artwork, video stills, thumbnail images, and the names, likenesses and biographical material of Talent; but solely to the extent delivered or otherwise approved by you.

2. AWAL’s Distribution Activities.
2.01 General. As between you and AWAL, you retain copyright ownership of all Recordings and expressly reserve all rights in and to the Properties not expressly granted to AWAL. AWAL does not guarantee placement of Recordings with any Outlet, and is not obliged to distribute Recordings delivered by you (including if a Recording is technically unsatisfactory or inappropriate in any way), but AWAL will promptly notify you as to the extent of any decision not to distribute and all applicable Digital Distribution rights in the relevant Recording will revert to you on AWAL’s notification. You acknowledge that the sale and exploitation of Properties is a highly speculative business, that AWAL makes no guarantee as to any degree of sales or exploitations, and that AWAL retains absolute discretion over its sales and exploitation policies.
2.02 Affiliates and Contractors. AWAL may elect to operate in part via its corporate affiliates and third-party contractors, and may sublicense its rights hereunder to the extent needed for such operations. However, AWAL remains directly liable for all of its payment and other obligations to you.
2.03 AWAL Portal Access. In connection with your Recordings, AWAL will provide you access to release and track-level sales and streaming reporting via AWAL’s workstation portal. Subject to applicable data protection and privacy laws and regulation, AWAL may use information and data arising from or generated, obtained, or acquired by AWAL in connection with the exploitation of Properties, including demographic, statistical, usage and anonymised data relating to such activity, including for purposes of calculating AWAL’s market share.

3. Your Obligations.
3.01 Delivery. You are solely responsible, at your cost, for the creation and delivery to AWAL of all Properties. AWAL will not remix, re-master, edit or alter any Recording (except as required for technical or timing reasons), without your prior written approval. You are responsible for audio and video encoding costs prior to delivery. If AWAL incurs any further encoding costs, AWAL may in its discretion deduct such amounts from any payments due to you, or request reimbursement of any such amounts and you will promptly pay AWAL such amounts.
3.02 Third-Party Consents, Permissions, Obligations. In connection with exploitation of the Properties under this Agreement, you are solely responsible for all costs and expenses (other than storage costs in connection with the Recordings), and any obligations or liabilities to third parties related to the exploitations authorised in this Agreement. For example, you are responsible for (a) taxes that you owe; (b) clearing the rights of and paying amounts due to Talent, and any other persons who contributed to the Properties; (c) amounts due to any party for samples, or for footage in the Properties; (d) music publishing licenses, including synchronization, lyric use and mechanical licenses to the extent not covered by the Outlets; (e) any advertising, marketing or promotion you choose to do; and (f) sound recording and artwork clearances. To the extent you fail to cover any of the foregoing, AWAL has the right but not the obligation to cover them for you, and to deduct such amounts from any payments due to you, or request reimbursement of any such amounts and you will promptly pay AWAL such amounts.
3.03 Notification of Changes to Rights, Claims. Without limiting your warranties or your indemnification obligations, if you no longer have the necessary rights to an individual Recording or other Property, or if the Property is the subject of any third-party Claim (as defined below), you must promptly inform AWAL as set forth in Section 6 below.
3.04 AWAL Content Guidelines. All Recordings and other Properties must abide by the terms of the AWAL Content Guidelines (as updated from time to time), and must comply in all respects with all applicable “style guides” (or content guidelines or community guidelines, etc.) of Outlets, including the iTunes Style Guide and the Spotify Content Infringement Guidelines. If AWAL believes in good faith that you have violated this Section 3.04, AWAL may: (i) withhold payments to you until such violation is resolved and remedied to AWAL’s reasonable satisfaction; (ii) issue take-downs of any offending Recordings and other Properties; and/or (iii) terminate this Agreement upon notice to you, with immediate effect.
3.05 Fraudulent Practices. You will not, and will not authorise or encourage any third party to, directly or indirectly manipulate streams or queries, or generate impressions of or clicks on any ad(s), through any automated, deceptive, fraudulent or other invalid means, including by way of repeated manual clicks, the use of “bots,” the hijacking of accounts or otherwise. You acknowledge that doing so may result in the removal of some or all of your Properties from Outlets, as well as the withholding of royalties by such Outlets. In addition, in no event will you represent yourself as AWAL’s, The Orchard’s or Sony Music’s representative, or use any of their trademarks without express permission, or represent yourself as affiliated or connected with them in any way that is not strictly accurate, whether in connection with this Agreement or otherwise. Both you and AWAL may accurately state that your Recordings are “distributed by AWAL.” If AWAL believes in good faith that you have violated this Section 3.05, AWAL may: (i) withhold payments to you until such suspected fraud is resolved and remedied to AWAL’s reasonable satisfaction; (ii) issue take-downs of any offending Recordings and other Properties; and/or (iii) terminate this Agreement upon notice to you, with immediate effect.

4. Distribution Share; Accountings, Audits, Claim Limits, Tax and Reimbursements.
4.01 Distribution Share. AWAL will pay you eighty-five percent (85%) of all gross receipts actually received by (or credited against an advance to) AWAL with respect to Digital Distribution of the Recordings to end users, subject to Section 4.03 below (your “Distribution Share”).
4.02 Accountings; Audits; Limitations on Claims. AWAL will account to you by way of a permission-limited section of your AWAL Portal, which generally includes historical data back to the Effective Date. Accounting and payments will be made available to you on a monthly basis, forty-five (45) days after the end of the month in which the applicable amounts were received by AWAL. Monthly balances under fifty pounds (£50) will be rolled into the following month and paid in the accounting following when your balance reaches fifty pounds (£50). If any Outlet issues any corrections to prior statements, or after six (6) months has failed to pay AWAL amounts that were previously paid or credited to you, or other errors are discovered, AWAL may adjust its accountings and payments to you and (if applicable) charge and/or otherwise make appropriate reconciliations with regards to your account accordingly. You have the right to audit AWAL’s books and records to verify the accuracy of payments. Audits are permitted once per year during AWAL’s normal business hours, on at least thirty (30) days’ prior Notice, at the place where AWAL maintains such records. Audits are at your expense, and may only be conducted by an independent chartered or certified public accounting firm retained on a non-contingency fee basis, and only once with respect to any particular payment. Any lawsuit by you regarding any statement or payment must be commenced within one (1) year after the date the applicable statement covers. After such year, you have no right to sue AWAL in connection with any such statement. You irrevocably waive any longer statute of limitations that would otherwise apply by law.
4.03 Required Withholdings; Deductions; VAT; Reimbursements. Notwithstanding anything to the contrary in this Agreement, AWAL is entitled to deduct from all payments due to you (a) any sums (such as withholding taxes) which AWAL or its licensees or related entities are obliged to pay or withhold in any country by reason of any law or regulation, and (b) any costs or expenses charged to AWAL by YouTube or other applicable Outlets arising specifically and directly from the sale or placement of advertisement(s). All payments to you or charges to be made by AWAL under this Agreement are expressed as exclusive of VAT, which if applicable are payable by you in addition to the sums otherwise set out in this Agreement. To the extent AWAL is permitted under this Agreement to charge or claim back any amounts to you, and with respect to any costs or expenses approved by you (such as for additional services that you request), AWAL may require payment in advance, or simply recoup such charges against your account. If, however, you receive a bill from AWAL for any such charges (if for example your account has a negative balance after the Term), you must pay it promptly.

5. LIMITATION OF LIABILITY.
EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE, AND WITHOUT LIMITING SECTION 8, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS OR GOODWILL, BUSINESS INTERRUPTION, REPUTATIONAL DAMAGE AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE, NON-PERFORMANCE OR BREACH OF THIS AGREEMENT. WITH RESPECT TO TAKE-DOWNS, PROVIDED THAT AWAL CONTINUES TO WORK WITH YOU IN GOOD FAITH TO SEND TAKE-DOWN NOTICES TO OUTLETS WHENEVER APPROPRIATE, AWAL WILL NOT BE LIABLE FOR ANY FAILURE TO EFFECT SUCH TAKE-DOWNS.

6. Notices.
All formal notices with respect to this Agreement (each referred to hereunder as a “Notice”) will be given in writing by registered first class post, or by messenger or courier, or by nationally recognized overnight express mail service, by you to AWAL’s address set forth herein and to info@awal.com, and by AWAL to the address (or, optionally, the email address) associated with your account. All other instructions, approvals and consents may be (as directed by AWAL) sent via email or via the AWAL Portal.

7. Representations and Warranties.
You warrant, represent, covenant, and agree the following: You have the full right and authority to enter into, perform all of your obligations under, and grant the rights granted in accordance with this Agreement; you have the right to grant to AWAL all rights you purport to grant hereunder or are required to be granted in accordance with these Terms & Conditions; AWAL’s exercise of its rights hereunder and use of Recordings and other Properties as per these Terms & Conditions will not violate any law or regulation of any country nor violate or infringe upon the rights of any third party and you have a valid and enforceable agreement with, and have obtained all necessary licenses, clearances and rights from, all third parties (including Talent) whose work, performances or services are embodied in any Recordings or other Properties to allow you to grant the rights granted in accordance hereof; you will be solely responsible for all payments, fees or royalties that may be due to any such party arising from AWAL’s exercise of the rights granted to it hereunder; none of the Recordings or other Properties contain material which is criminally obscene or defamatory, that may expose AWAL to civil or criminal proceedings, or that otherwise violate community standards in particular countries; all metadata, label copy, credits and similar information supplied by you is complete and accurate in all respects; you will not (and, where relevant, you will procure that artists will not) assert any “moral rights” arising in connection with these Terms and Conditions against AWAL, its licensees or agents authorised by AWAL (whether under a specific or blanket licence); that you are at least 18 (eighteen) years of age as of the date of your application via the AWAL website; and if you are sales tax registered, you will inform AWAL via the AWAL Portal and if you are UK VAT registered you will enter into a Self-Billing Agreement with AWAL in a form reasonably required by AWAL. You will comply with all applicable laws (including the General Data Protection Regulation (GDPR EU 2016/679) and the California Consumer Privacy Act (CCPA)), rules (such as BPI and IFPI guidelines), and regulations, including the application of parental advisory or other warnings or designations. AWAL will not be required to make any payments of any nature to any third party for or in connection with the exercise or exploitation of rights by AWAL under this Agreement.

8. Indemnification.
You will defend and indemnify AWAL (including its parents, subsidiaries, and affiliates, and each of their respective stockholders, predecessors, successors, assigns, agents, directors, officers, attorneys, employees and representatives) against any expenses or losses (including reasonable attorneys’ fees and litigation expenses) resulting from any third-party claim arising from a breach, or a claim which if true would constitute a breach (any such claim, whether or not asserted in a formal legal action, a “Claim”), of any of your representations, warranties or obligations. You will (unless expressly directed otherwise by AWAL in writing on a case-by-case basis) be responsible for defending against any such Claim and for engaging counsel at your cost without any liability for the same being placed on AWAL, and you will at your cost use best efforts to cause AWAL to be dismissed from any proceedings. You may not settle or resolve any Claim in a manner that imposes any liability or obligation on AWAL, or affects AWAL’s rights, without AWAL’s prior written approval. For purposes of clarity, AWAL may cease distribution and take down any Properties that become subject to a Claim, and withhold payments to you in an amount reasonably related to the Claim and potential associated expenses and damages.

9. Confidentiality.
Without AWAL’s prior written consent, you may not disclose any of the terms and conditions of this Agreement, any information you learn regarding AWAL’s business or proprietary systems, or any data provided to you. This does not include information which (a) is generally available to the public through no wrongful or negligent act or omission on your part; (b) you have received from a third party free to make such disclosure without breach of any legal obligation; or (c) is required to be disclosed pursuant to any statute, regulation, order, subpoena or document discovery request (as to which you will give AWAL prompt Notice in enough time to enable AWAL to seek a court order limiting or otherwise governing such disclosure). Because your obligations under this Section 9 are integral to AWAL’s business dealings, you agree that AWAL is entitled to injunctive relief to enforce them.

10. Interpretation and Enforcement.
This Agreement contains the entire understanding between you and AWAL as to the matters herein, and supersedes all prior agreements, promises, assurances, warranties, representations and understandings between you and AWAL, whether written or oral, as to such matters. Other than as set out in clause 16 below, this Agreement can only be amended by an instrument signed by all parties. A waiver of any term or condition of this Agreement in any instance is not a prospective waiver of such term or condition, nor of any subsequent breach. All remedies, rights and obligations in this Agreement are cumulative, and do not limit any other remedy, right or obligation. As used in this Agreement, “including” signifies one or more illustrative examples, not an exclusive list. Unless otherwise specified, “or” is used in its inclusive sense. The provisions of this Agreement are severable and distinct from one another; if any provision is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the others will not be affected. If either party is in breach of this Agreement, the other party will permit a reasonable time to cure such breach. This Agreement does not give rise to any rights under a Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. The Agreement is governed by the laws of England and Wales. In the event of any dispute arising out of or in relation to this agreement, including any question regarding its existence, validity or termination, you must seek settlement of that dispute by mediation (administered by the London Court of International Arbitration (‘LCIA’)) before having recourse to litigation. The mediation will be conducted in accordance with the LCIA's Mediation Rules then in force, which Rules are deemed to be incorporated by reference into this provision. Thereafter, the parties grant the courts of England, exclusive jurisdiction to hear any disputes arising out of or relating to this Agreement. Nothing in this provision prevents either party from applying to such courts for interim relief. Each party waives the right to request a trial by jury.

11. Relationship of the Parties.
You and AWAL are independent contractors to each other. Nothing in this Agreement authorises any party as agent of the other, nor creates a partnership, fiduciary or employment relationship. Without limiting AWAL’s payment obligations to you, you have no right, title or interest in or to revenues received by AWAL, AWAL is not obligated to segregate any revenues from other funds, and AWAL is not a trustee, pledgeholder or fiduciary of amounts owed to you. AWAL acts as principal in all transactions with its customers.

12. Assignment.
AWAL may assign its rights and obligations under this Agreement in whole to a party who agrees to be obligated hereunder. You may not assign this Agreement or any rights or obligations, in whole or in part, without AWAL’s prior written consent. Any purported assignment in violation of this paragraph is null and void ab initio.

13. Force Majeure.
If the fulfillment of any of AWAL’s obligations is materially hampered due to an event not reasonably within its control (e.g., flood, water damage, power failure, epidemic, pandemic, catastrophe, terrorism, strike, war, failure of technical facilities, etc.), AWAL will not be in breach as a result and may, on Notice to you, suspend the Term for the duration of such event. AWAL must continue to fulfill its payment obligations, to the extent not affected by such event.

14. Post-Term Provisions.
Sections 5, 6, 7, 8, 9, 10 and 14 of this Agreement survive the end of the Term. After the Term, if AWAL receives any income from Outlets on Properties, AWAL’s sole liability to you will be the obligation to pay you in full as though the Agreement were still in place, and to send renewed take-down notices whenever reasonably requested and appropriate.

15. Further Assurances.
You will do such acts and execute such documents as AWAL may reasonably require to ensure AWAL the full benefit of this Agreement. In particular, you will promptly provide copies of all documents necessary to evidence your right and title in and to any particular Properties.

16. Updates to Agreement.
AWAL reserves the right to amend or update these Terms & Conditions or any part thereof upon notice to you, such notice to be given via the AWAL portal. However, AWAL will not amend or update the definitions of Recordings, Term, Territory or Distribution Share without your prior approval, such approval to be given via the AWAL portal or by email.

); const renderOrchardTerms = () => (

This site (together with any information, materials and services made available therein) (the "Web Site"), and any related mobile software application(s) made available by us in connection with this site (together with any information, materials and services made available therein) (the "App"; the Web Site and App collectively, the "Site"), is provided by Orchard Enterprises NY, Inc. ("The Orchard") for your use subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions").

BY ACCESSING OR USING THE SITE, OR BY CLICKING A BOX INDICATING THAT YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS, YOU CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, do not access or use this Web Site. We may change these Terms and Conditions from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms and Conditions through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to these Terms and Conditions will constitute your acceptance of such changes. The{' '} Last Updated legend above indicates when these Terms and Conditions were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an "Organization"), then you are agreeing to these Terms and Conditions on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms and Conditions. References to "you" and "your" in these Terms and Conditions will refer to both the individual using the Site and to any such Organization.

Sites that are linked to or from the Site may have different Terms and Conditions; please review the terms and conditions on those sites.

1. Limitations on Use

The Site is provided to you solely for purposes related to the digital licensing agreement between you and The Orchard (herein, the "Licensing Agreement"). If you fail to abide by these Terms & Conditions, or the terms and conditions of the Licensing Agreement, The Orchard reserves the right to suspend or terminate your access to the Web Site and/or the App. Your access to the Site shall also terminate upon expiration or termination of the Licensing Agreement. Without limitation of the foregoing, you agree to not use the Site to upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that violates the rights of any person or entity or violates any applicable governmental law, rule or regulation. You shall defend and indemnify The Orchard, and its parents, subsidiaries, affiliates, directors, officers, employees, shareholders, successors and assigns (collectively, the "Related Entities") pursuant to the applicable provisions of the Licensing Agreement if any third party claim results from your violation of the foregoing. Sections 1 (last two sentences), 2 (last sentence), 3 (other than the first sentence) and 4 through 12 shall survive any termination of these Terms and Conditions.

{' '} 2. Accounts, Security, Passwords

In order to utilize this Site, you were provided with an account with a username and password. You are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Site by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to immediately notify The Orchard of any unauthorized use of your password or account or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account. The Orchard will not be liable for any loss or damage arising from your failure to comply with this provision.

3. Third Party Web Sites

You may be able to link to third parties' web sites from the Site, for example through links to various third party vendors referenced under "Marketing Tools." Linked sites are not controlled by The Orchard and these Terms and Conditions are not intended to govern any such third party web sites. The Orchard does not monitor, make any representations with respect to or assume any liability with respect to any third party web sites, including, but not limited to, any information or materials made available on, or any products or services that are advertised or available for purchase through, such third party web sites. The Orchard disclaims any responsibility or liability relating to any linked sites and does not assume any responsibility for their contents, products or services.

4. Intellectual Property Rights{' '}

All materials contained on the Site (other than materials furnished by you pursuant to the Licensing Agreement) are the exclusive property of The Orchard or its licensors, and The Orchard and its licensors reserve all applicable copyright, patents, trademarks, trade secrets and other intellectual property rights thereto.

Subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted by The Orchard to access and use the Web Site, you may view one (1) copy of any portion of the Web Site to which we provide you access hereunder.

The App is licensed (not sold) to end users. Subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted by The Orchard to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your use hereunder. If you fail to comply with any of the terms or conditions of these Terms and Conditions, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.

5. Privacy Policy

Please review our{' '} privacy policy . This policy provides information of which you should be aware when visiting or using The Orchard's Site, including our policy for the collection, use and dissemination of personal information.

6. Confidentiality

The Site is subject to the confidentiality provisions of the Licensing Agreement. If and to the extent the Licensing Agreement does not include such provisions, you agree that you shall hold in confidence and not communicate, transmit, publish, disseminate or otherwise disclose any of the Site's features, offerings and/or services. Such restrictions shall not apply to information which (i) at or after the time of disclosure becomes generally available to the public through no wrongful or negligent act or omission on your part; (ii) you receive from a third party free to make such disclosure without breach of any legal obligation; or (iii) is required to be disclosed pursuant to any statute, regulation, order, subpoena or document discovery request (as to which you shall give The Orchard prompt notice). The fulfillment of your obligations under this paragraph is integral to the success of The Orchard's business dealings and The Orchard shall be entitled to injunctive relief to enforce the provisions hereof without limitation of its other rights.

7. Disclaimer of Warranties{' '}

YOUR USE OF THE SITE IS AT YOUR SOLE RISK; ALL INFORMATION, FEATURES, OFFERINGS, MATERIALS AND SERVICES OFFERED BY OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED , INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NO SUCH INFORMATION, FEATURES, OFFERINGS, MATERIALS OR SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY THE ORCHARD SUBJECT TO THE FOREGOING, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE ORCHARD. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. Limitation of Liability{' '}

IN NO EVENT WILL THE ORCHARD, ITS RELATED ENTITES, OR ANY OF THEIR REPRESENTATIVES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENT (COLLECTIVELY, THE COVERED PARTIES), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER (i) ARISING IN ANY WAY OUT OF THE SITE, OR ITS AVAILABILITY, USE, RELIANCE ON OR INABILITY BY YOU TO USE THE SITE, (ii) ARISING FROM UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOU PERSONAL INFORMATION OR TRANSMISSIONS; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ANY ALLEGED ACT OR OMISSION OF THE ORCHARD IN CONNECTION WITH THE SITE, OR ANY FAILURE OF THE SITE OR ITS FEATURES, OFFERINGS AND/OR SERVICES, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY, EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE MAXIMUM AGGREGATE LIABILITY OF THE ORCHARD FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE FIFTY DOLLARS (U.S. $50.00).

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, THE COVERED PARTIES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Monitoring

We may (but have no obligation to) monitor, store, evaluate, analyze, alter or remove materials submitted by you before or after they appear on the Site, or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

10. Code of Conduct

In connection with the Site, you must not:

Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Web Site; or violate any requirement, procedure or policy of such servers or networks.

Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without The Orchard's express prior written consent.

Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

Remove any copyright, trademark or other proprietary rights notice from the Site.

Frame or mirror any portion of the Web Site, or otherwise incorporate any portion of the Web Site or App into any product or service, without The Orchard's express prior written consent.

Systematically download and store Site content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Web Site, without The Orchard's express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

{' '} 11. Other Important Provisions{' '}

The Site is controlled or operated (or both) from the United States, and is not intended to subject The Orchard to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

If any provision of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. Orchard may assign its rights and obligations under these Terms and Conditions, in whole, or in part, in its sole discretion without notice to you. You may not assign your rights or obligations under these Terms and Conditions.

Your warranties, representations and indemnities, as well as the choice of law and venue/jurisdiction provisions, of the Licensing Agreement are incorporated herein by reference as if fully stated herein. The Orchard's rights under these Terms and Conditions and its rights under the Licensing Agreement are intended to be cumulative and not limiting.

If you have any questions about this policy or our site in general, please contact your Orchard representative.

12. Export Controls and Sanctions

You are responsible for complying with United States export controls and sanctions and for any violation of such controls and sanctions, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country unless otherwise permitted pursuant to such rules and regulations; or (b) on any of the U.S. government lists of specially designated nationals or other restricted end users.

13. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to these Terms and Conditions and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to The Orchard. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and Conditions and, upon your acceptance of these Terms and Conditions, will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third-party beneficiary thereof; notwithstanding the foregoing, The Orchard's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms and Conditions is not subject to the consent of any third party.

); return (

Terms and Conditions

Effective Date 03/25/2019

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

{brand === 'awal' ? renderAwalTerms() : renderOrchardTerms()}
); }; export default TermsPage;