Limitations on liability

(a) Application distribution providers and operating system providers An Application Distribution Provider or Operating System Provider that makes a good faith effort to comply with the obligations of this Act, taking into consideration available technology, shall not be liable under any provision of this Act, or otherwise liable for its actions taken in attempt to comply with this Act, including but not limited to the following with regard to facilitation of the provision of an Age Signal: (1) Any erroneous Age Signal. (2) Any conduct by a Developer of a Covered Application that receives any Age Signal. (3) Failing to provide an Age Signal due to any reasonable technical limitations or outages that prevent the provision of the Age Signal upon request. (4) Not providing the Age Signal to Developers that do not adhere to reasonable safety standards and Application Distributor policies. (b) Developers A Developer of a Covered Application— (1) as between the Developer of a Covered Application and the Application Distribution Provider, is solely liable for correctly identifying whether their Applications are Covered Applications under this Act. No Application Distributor is required to proactively identify Covered Applications, and an Application Distributor will not be held liable in cases where a Developer provides inaccurate information about its Applications; and (2) shall not be liable for an erroneous Age Signal provided by an Application Distribution Provider, if the Developer makes a reasonable effort, taking into consideration available technology, to properly use the Age Signal and carry out commercially reasonable methods to obtain or estimate the age of an account holder.