PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR PURCHASES AND SUBSCRIPTIONS OF PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE/APP AND YOUR GENERAL USE OF THE WEBSITE/APP.
The “Website/APP” refers collectively to the website at www.mookyapp.com, and its subdomains, and related domains, (the aforementioned websites being the “Website”) and also the mobile app entitled “Mooky” (the “APP”), available at the itunes store and google play store, as well as other mobile app stores. “Operator”, the “Company”, “we”, or “us” refers to Mooky Inc, the owner and operator of the Website/APP.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE WEBSITE/APP AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using the Website/APP, ii) purchasing any products or services from OPERATOR through the Website/APP, or iii) utilizing any of the products or services from OPERATOR through the Website/APP, you are agreeing and are hereby deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using the Website/APP after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from OPERATOR, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. However, if you renew or extend any subscription or service purchase from OPERATOR, the version of these Terms and Conditions (alternately referred to as the “Agreement”) posted at the time of renewal or extension applies to the renewal or extension.
If you choose not to accept these Terms and Conditions, do not use the Website/APP or purchase anything through the Website/APP. Once you use the Website/APP or purchase products or services through the Website/APP, you cannot opt out of this Agreement.
Any attempt to alter, supplement, modify, or amend this Agreement by you will be considered an attempted material alteration of this Agreement and such attempted material alteration is therefore null and void.
The contents of the Website/APP are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Website/APP only for your own use. You may not transmit the information you receive through the Website/APP to third parties except as needed by you to utilize the services provided through the Website/APP or the entities. This means you may download one copy of posted materials on a single computer for archival purposes only, for your own use only, so long as you neither change nor delete any author attribution, trademark, legend, or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Website/APP, except as may be explicitly allowed by us in writing. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display, or commercially exploit any material from the Website/APP.
You agree to comply with; i) the reasonable rules and regulations as may be promulgated by OPERATOR from time to time and communicated to you either by email, on or through the Website/APP, or in these Terms and Conditions with regard to the use of the Website/APP, ii) the terms of these Terms and Conditions, iii) the requirement that you use the Website/APP functionality in good-faith (which includes that your communication through the Website/APP or with other users of the Website/APP be made in good faith), iv) all applicable law, v) the requirement that you shall not violate the rights of any third party, and vi) the requirement that any information you submit shall be accurate and shall not in any way be deceptive or misleading.
You represent and warrant that you are aware of and will comply with all applicable law at all times, including but not limited to the CAN-SPAM Act of 2003 (15 U.S.C. §7701, et seq.), the regulations of the FTC, the Consumer Legal Remedies Act (Cal. Civil Code §1750, et seq.), and Cal. Business and Professions Code §17529.5.
To the extent you are the original copyright holder of any post or submission by you to the Website/APP and such post or submission does not contain any of the information or material of OPERATOR or other information you are required to preserve as confidential by OPERATOR, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted OPERATOR a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication, or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree, represent and warrant that OPERATOR may sublicense or assign its rights through multiple tiers of sublicenses or assigns. Please also see “VIII. User Public Forum Submission/Participation Policy And Terms:” for other rights you are granting to us.
OPERATOR has the right, but not the obligation, to remove any information provided by you that it has a good faith belief is incorrect or misleading, which may subject OPERATOR or its users to any liability, or for any other reason in its sole discretion.
You agree not to do any of the following while using the Website/APP:
1. harass, stalk, or otherwise abuse another user;
2. transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Website/APP), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
3. transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property or any other rights of any third party;
4. upload or transmit viruses, Trojan horses, or other harmful, disruptive, or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Website/APP;
5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website/APP or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Website/APP for any reason;
6. transmit or otherwise make available through the Website/APP any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offer for sale of any products or services, except in areas specifically designated for such purposes;
7. engage in “harvesting” or “phishing” for email addresses from any public or other sources such as, but not limited to, chat rooms and message boards, including community Website/APPs that prohibit such activity;
8. falsely or misleadingly imply you are, represent, or are a part of any entity; or
9. violate any applicable local, state, federal, or international law, rule, or regulation.
You agree to provide accurate, current and complete information as and when requested by the OPERATOR, such as during a registration process, and to update such information to keep it accurate, current and complete. OPERATOR reserves the right to suspend or terminate your right to use the Website/APP if any information provided by you proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your passwords, including but not limited to simple notification service passwords, facebook passwords and mobile phone password. You agree that you will not disclose your password for the Website/APP to any third party and that you will take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify OPERATOR of any unauthorized use of your User Account.
As a feature of the Website/APP, you may be able to invite non-registered users to use the Website/APP. If you select the option of adding one or more email addresses, SNS contacts or mobile telephone numbers to an online form, a message you create in the corresponding template may be sent by OPERATOR to those email addresses, SNS contacts or mobile telephone numbers on your behalf. These email addresses, SNS contacts and mobile telephone numbers will be used only for the purpose of sending the email, SNS communication or text message communication to the addressee.
The Website/APP may allow you to select to use it to interface and communicate through other services and programs, such as facebook, SNSs, twitter, instagram and the like. If you select such features, you are authorizing the OPERATOR to access and utilize such services and programs for such purposes, and the gather information about you from such services and programs.
These Terms and Conditions apply only to the Website/APP, and not to the website or Apps of any other companies or organizations, including those to which the Website/APP may link. We are not responsible for the availability of any other websites or apps to which the Website/APP links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other websites or apps. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other websites or apps. You should direct any concerns to that websites or apps administrator or webmaster.
Other sites may link to the Website/APP only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website/APP. To seek our permission, you may send E - mail to info@mookyappcom.
Please place "Link Request" in the Subject Header. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link the Website/APP, at our discretion at any time.
The Website/APP is an information exchange Website/APP. Subject to these Terms and Conditions, users may access the Website/APP to communicate with third party providers of services to request information from such third parties in order to compare their services and to use their services. OPERATOR does not provide this information, nor does it review such information for accuracy. OPERATOR makes no representations or warranties regarding such information provided by third parties, such as Website/APP users. While users of the Website/APP may use the Website/APP to facilitate transactions, the Website/APP and OPERATOR are not parties to such transactions.
The Website/APP may contain links to websites and applications maintained by third parties ("Third Party Website/APPs"), including service providers and sellers of products. Such links to Third Party Website/APPs are provided for your convenience and reference only. OPERATOR does not operate or control, in any respect, any information, content, software, products, or services available on such Third Party Website/APPs and is not responsible for any content on such Third Party Website/APPs, including the websites or applications of any service provider or any other third party. OPERATOR's inclusion of links to such Third Party Website/APPs does not imply any endorsement, warranty, guarantee, or recommendation of such Third Party Website/APPs, or of the content, products or services, or of the sponsoring organization thereof.
OPERATOR is a data aggregator of content supplied by third parties and users and assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers, or other content provided by third parties, including by users. Nevertheless, OPERATOR reserves the right to screen, review, edit, or remove any content if it does not comply with laws, rules, or regulations, or for any other reason OPERATOR deems relevant in its sole discretion.
Descriptions and other information appearing on the Website/APP or on Third Party Website/APPs have not been verified by OPERATOR and such descriptions, data, and information are not intended to be and are not binding on OPERATOR.
You acknowledge and agree that your use of any product or service provided to you by a third party shall be subject to the terms of a separate agreement between you and the applicable third party. OPERATOR has no liability to you in relation to any product or service provided by a third party or for any acts or omissions of any third party.
For its services and referrals, OPERATOR may receive payment from third parties. This constitutes your acknowledgment of and agreement to such compensation arrangements.
Since we are not a party to your transactions with other users of the Website/APP, we have no fiduciary, agency, or other due diligence or disclosure obligation to or for you. Advertisements and third party content (such as that of other users) on our Website/APP are not the actions, representations, statements, or activities of OPERATOR. We do not review the qualifications of any user. We do not review any advertising or other statement on our Website/APP for legality. For example, we do not review whether a description of a person is accurate.
The information contained in or made available through the Website/APP (including but not limited to information contained on Forums, in files, in products, or from services) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, technical, tax, financial, medical, or legal matters. You should consult experts (such as financial experts, doctors, scientists, engineers, accountants, and lawyers) for advice as appropriate. We and our licensors or suppliers make no representations or warranties, (for example, we make no representations or warranties regarding determining the appropriateness of, likelihood of, or applicability of any technology, tax policy, or financial result) in regards to following the advice or information offered or provided within or through the Website/APP (including but not limited to any product or service purchased, utilized, or otherwise obtained from the Website/APP). Neither we nor our associates, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death.
The Website/APP (as well as any product or service purchased, utilized or otherwise obtained from the Website/APP) is not directed to persons under the age of 18 and we will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We require all users of the Website/APP or purchasers of OPERATOR's products and services to be over 17. You agree to abide by any such restrictions and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Website/APP or using any of the products or services of OPERATOR. If you are accessing the Website/APP or using or purchasing any of the products or services of OPERATOR, you represent that you are at least 18 years of age.
All content included on the Website/APP, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OPERATOR or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website/APP is the exclusive property of OPERATOR and protected by U.S. and international copyright laws. All software used on the Website/APP is the property of OPERATOR or its software suppliers and protected by United States and international copyright laws.
“Mooky” and “MookyApp” and other OPERATOR logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of OPERATOR or its affiliates in the U.S. and/or other countries. OPERATOR's trademarks and trade dress may not be used in connection with any product or service that is not OPERATOR's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits OPERATOR. All other trademarks not owned by OPERATOR or its affiliates that appear on the Website/APP are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OPERATOR or its affiliates.
It is the policy of OPERATOR to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyrighted work has been copied and is accessible on the Website/APP in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in a “DMCA Notice”:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Website/APP where it is posted or the name of the book in which it has been published;
4. identification of the URL or other specific location on the Website/APP where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
5. your name, address, telephone number, and email address;
6. 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
7. a sworn statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for DMCA notice of claims of copyright infringement on the Website/APP can be reached as follows:
Please place "OPERATOR Legal Support, DMCA" in the Subject Header.
Please note that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim. Please note that a copy of each legal notice and claim (without your personal information) could be sent to a third-party partner for publication and annotation. You can see examples of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi.
This contact information is only for reporting copyright infringement.
The Website/APP provides various opportunities to purchase products and services. In purchasing such, the applicable fees and related terms are disclosed to you and you are required to accept such. These Terms and Conditions are in addition to the terms and fees you agree to when making a purchase.
By make any purchase from the Website/APP, you are agreeing to pay the fees disclosed to you related to such purchase. You are agreeing to have such amounts charged to the credit card, PayPal, itunes account or similar means that you provided. If you purchased something with a reoccurring charge, you are agreeing to have such amounts charged to the credit card or PayPal account or other means you provided, until you terminate your subscription or other purchase as set forth herein or as specified in the terms when you made your purchase.
You are required to pay all charges on time, and hereby agree to submit an accompanying payment authorization in connection with these charges when requested by OPERATOR. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. OPERATOR may terminate or disable your purchases or subscriptions if you fail to pay fully and in a timely manner all amounts due to OPERATOR. If your credit card expires or is otherwise declined for payment, or payment via your PayPal account is not made, your access to the Website/APP may be modified, suspended or cancelled, in OPERATOR's sole discretion and without notice to you. You agree that in no event shall you seek a chargeback unless OPERATOR has authorized such. If any payment due from you is more than thirty (30) calendar days past due, interest pro-rated daily, at the lower of 18% percent per annum, or the maximum allowable by law, on such past due amounts shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. You shall pay all costs incurred by OPERATOR with respect to collection of any past due amount, including legal fees. Each time you access or use the Website/APP, you are affirming that OPERATOR is authorized to obtain payment through the applicable payment method. All fees are quoted and payable in United States Dollars. You are also responsible for paying all applicable taxes for services or products you receive from OPERATOR, and any other costs incurred in connection with the use of or access to the Website/APP.
You may contact the OPERATOR Customer Support Department by e-mail at email@example.com. Notwithstanding the foregoing, in no event may you dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by you. Otherwise, except as required by applicable law, any and all such complaints of yours are waived by you.
OPERATOR may, from time to time, offer promotions or special offers. OPERATOR reserves the right to modify or terminate such promotions or special offers in its discretion.
The Website/APP is and shall remain the sole and exclusive property of OPERATOR. You shall have only the limited rights with respect to the Website/APP as expressly granted in these Terms and Conditions or as the Website/APP specifically provides in the terms of a purchase from the Website/APP. All rights not expressly granted herein are reserved by OPERATOR. You acknowledge and agree that only OPERATOR shall have the right to alter, maintain, enhance, or otherwise modify the Website/APP, or its products or services. You agree that you will not disassemble, decompile, manipulate, or reverse engineer the Website/APP or aid others to do so. Under no circumstances shall you sell, license, publish, display, copy, distribute, collect, aggregate, indirectly or directly search or otherwise make available the Website/APP (or any products or services provided herein) in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in this Agreement. You will take all reasonable steps to protect the security of the Website/APP and to prevent unauthorized use or disclosure thereof. You are responsible for all access to and use of the Website/APP by means of your equipment or under your user ID and password, whether or not you have knowledge of or authorized such access or use. You shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and you shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by you.
OPERATOR reserves the right to modify or to discontinue the Website/APP and any products or services provided by OPERATOR hereunder, with or without notice to you. OPERATOR shall not liable to you in the event that OPERATOR exercises its rights under this Section.
For the avoidance of doubt, OPERATOR does not provide transportation services, and OPERATOR is not a transportation carrier. It is up to the driver to offer transportation services, which may be requested by you through the use of the services of OPERATOR. Any decision by you to accept transportation once you are matched through Website/App with a driver is a decision made by you in your sole discretion. OPERATOR offers information and a method to connect drivers and passengers with each other, but does not and does not intend to provide transportation services or act in any manner as a transportation carrier, and has no responsibility or liability for any transportation services voluntarily provided to any passenger by any driver using the services. You knowingly and freely assume all risk when using the services of OPERATOR.
OPERATOR attempts to ensure that information that OPERATOR provides and its content (which is separate and distinct from the content of third parties, including but not limited to advertisers, users and other third parties) is accurate and reliable, however, errors sometimes occur. OPERATOR does not make any representation, warranty, or guarantee regarding the accuracy of the material posted or transmitted via the Website/APP or the products and services provided by OPERATOR and advises you independently to verify the accuracy of the information provided. OPERATOR does not buy or sell or represent any buyer or seller of services (such as Uber, Lyft, and the like) on the Website/APP, and disclaims any and all responsibility and liability for all sales or attempted sales on and through the Website/APP. OPERATOR makes no guarantee, whether express or implied, that you will find opportunities, products, or services that meet your specifications. In addition, OPERATOR may make changes and improvements to the Website/APP at any time. OPERATOR makes no representation or warranty as to the quality or qualification of any third party referred to you, and is not responsible or liable for any acts or omissions created or performed by such third parties.
THE WEBSITE/APP, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF OPERATOR ARE PROVIDED "AS IS" AND "AS AVAILABLE". OPERATOR DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE/APP, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF OPERATOR, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE WEBSITE/APP IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME ITS ACCURACY FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE/APP, ITS CONTENT, OR THE PRODUCTS AND SERVICES OF OPERATOR WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE/APP IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY LIABILITY WITH RESPECT TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER USERS OF THE WEBSITE/APP.
BY YOUR USE OF THE WEBSITE/APP, ITS CONTENT, OR THE PRODUCTS OR SERVICES OF OPERATOR, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. NEITHER OPERATOR NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, OR OTHER AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE/APP, ITS CONTENT, OR THE USE OF THE PRODUCTS OR SERVICES OF OPERATOR OR ANY THIRD PARTY, OR WITH DELAY OR INABILITY TO USE THE WEBSITE/APP, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS, OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY OPERATOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT OF OPERATOR OR YOUR USER CONTENT (II) RIDE CONTRACTS OR YOUR RECEIPT OF RIDES INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM THE PROVISION OF RIDES OR PARTICIPANTS THEREIN, OR (III) VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
You waive benefit of i) California Civil Code § 1542, which provides, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor" and ii) each other similar provision of applicable federal or state law, if any, pertaining to general releases.
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL OPERATOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO OPERATOR WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES.
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD OPERATOR AND OPERATOR’S PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AND CUSTOMERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES (COLLECTIVELY, “LOSSES”), INCURRED BY OPERATOR AND THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM (A) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY, INTELLECTUAL PROPERTY RIGHTS, OR OTHER RIGHTS BY YOU; (B) THE FAILURE OR ALLEGED FAILURE OF ANY PRODUCTS (INCLUDING BUT NOT LIMITED TO PROPERTY) OR SERVICES PROVIDED OR OFFERED BY YOU (INCLUDING BUT NOT LIMITED TO FAILURE TO COMPLY WITH SPECIFICATIONS OR WITH ANY EXPRESS OR IMPLIED WARRANTIES); (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE, OR GOVERNMENTAL ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION, OR FRAUD RESULTING FROM YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR ACTUAL OR ALLEGED PROPERTY DAMAGE ARISING FROM OR IN RELATION TO YOU; (G) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE WEBSITE/APP, AND (H) ANY BREACH OR ALLEGED BREACH OF YOUR REPRESENTATIONS OR WARRANTIES OR ANY PROVISION OF THESE TERMS AND CONDITIONS BY YOU. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT OPERATOR OR ITS RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS (AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS) MAY ASSERT.