Last updated September 29th, 2020
IntroThe ZipTips website and iOS application is an online platform for learning about new iOS Technologies in Swift. It is provided to you by Beachead Technologies, Inc. ("us" or "we" or "our" or Beachead Technologies), in connection with our partners, and developers (Creators).
Beachead Technologies and You acknowledge that these Terms are concluded between Beachead Technologies and You, and not with Apple, and Beachead Technologies, not Apple, is solely responsible for the Licensed Application and the content thereof.
Use of Services
By agreeing to the Terms, you are granted a non-transferable license to use the Services on any Apple device that you own or control and as permitted by the Usage rules set forth in Apple’s App Store Terms of Service.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks. In the event of any third party claim that the Services or your possession and use of the Services infringes on that third party’s intellectual property rights, we are solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Under no circumstances will Apple be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Services include access to links to, and content and data from, third-party websites ("External Services"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.
The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us.
By using the Services, we and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
We are solely responsible for providing any maintenance and support necessary with respect to the Services. We and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
By using the Services, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age. Your use of the Services is subject, in our sole discretion, to termination at any time.
The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services ("User Content") and the hosting, sharing, and/or publishing of such User Content and content created by our Creators (“Creator Content”). You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.
In connection with User Content or Creator Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. We do not endorse any User Content or Creator Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content or Creator Content.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site 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) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Right to Modify Terms
We reserve the right to change these Terms at any time. If the changes are material, we’ll let you know by email or posting a notice on the website before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. If you don’t agree to the new terms, please delete your account within the Notice Period. If you do not delete your account within the Notice Period, your content and use of the ZipTips website and iOS application will be subject to the new terms going forward.
Right to Modify Service
We do our best to provide you a reliable and evolving service, but we reserve the right to change, terminate, or restrict access to any aspect of the service, at any time, without notice.
Forms and Public Areas
Beachead Technologies, its officers, directors, employees, affiliates, agents, attorneys, representatives make no endorsements of any particular product or treatment, makes no representations and assumes no liability relative to any content, opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted in any Public Area.
If you use a Form or Public Area on the ZipTips.io website or iOS application, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Forms and Public Areas.
In no event will Beachead Technologies, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the ZipTips website or iOS application.You will hold Beachead Technologies, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.
Subscription Fees for ZipTips
If you opt to sign up for a paid Beachead Technologies subscription, you will be subject to subscription fees associated with that subscription.You will be required to submit payment in advance for access to the Beachead Technologies subscription content.
Payment for the Beachead Technologies subscriptions will be made by a valid credit card accepted through Apple’s App Store. You hereby authorize us to charge your credit card for such amounts associated with any subscriptions you choose to enroll in. Amounts paid for the Beachead Technologies services, including prepayments, are not refundable.
Apple will have no warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, AND NON INFRINGEMENT OF THIRD PARTIES' RIGHTS FOR PARTICULAR PURPOSE.
Should the Services not conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributed to any failure to conform to any warranty will be our sole responsibility.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You must represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.