Last updated on February 2, 2021
You warrant and represent that (1) you will not mask or hide your IP address, whether through a VPN or any other means, when accessing the Site or using any other Services; (2) you will not take any action to conceal your identity or use the identity of another while using any Service; and (3) you will use your true and correct identity, as well as complete and accurate information, when providing us with such information.
All text, information, graphics, pictures, images, logos, designs, code, layouts, audio, video, and data offered through our Site are collectively known as our “Content.” We may amend this Agreement at any time without specific notice to you. The latest version of the Agreement will be posted on the Site. You acknowledge and agree that you will review this Agreement for any updates each time prior to using the Site, and that you will be bound by any such revisions by proceeding to use the Site.
Our name, logos, or trademarks appearing on this Site may not be used in any advertising or publicity or otherwise to indicate Sharp’s sponsorship of or affiliation with any of your products or services without Sharp’s prior express written permission or as granted by specific terms and conditions of other documents defining a relationship between Sharp and you. You are prohibited from using any names, marks or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of Sharp. You agree you will not alter any Content in any manner to make it appear that Sharp is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third-party, except as expressly permitted in writing by Sharp.
If you are an artist, you warrant and represent that (1) the photographer has specifically assigned to you, in writing, any and all copyrights associated with photo and/or image; (2) the person(s) depicted in the photo or image has given you written permission to publicly display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (3) you are not prohibited by any law or contract from displaying the photo or image, or anyone or anything therein, on the Site; and (4) you have the authority to grant, and do grant, us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute the photo or image in any manner as we so choose and for any purpose, commercial or otherwise.
If you are a photographer, you warrant and represent that (1) the artist has given you written permission to photograph the work and display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (2) the person(s) depicted in the photo or image has given you written permission to publicly display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (3) you are not prohibited by any law or contract from displaying the photo or image, or anyone or anything therein, on the Site; and (4) you have the authority to grant, and do grant, us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute the photo or image in any manner as we so choose and for any purpose, commercial or otherwise.
If you are featured or depicted in the photograph or image, you warrant and represent that (1) the photographer has specifically assigned to you, in writing, any and all copyrights associated with photo and/or image; (2) the artist has given you written permission to photograph the work and display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (3) any other person(s) depicted in the photo or image has given you written permission to publicly display and disseminate the photo or image in any manner as you so choose and for any purpose, commercial or otherwise; (4) you are not prohibited by any law or contract from displaying the photo or image, or anyone or anything therein, on the Site; and (5) you have the authority to grant, and do grant, us an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute the photo or image in any manner as we so choose and for any purpose, commercial or otherwise.
All users acknowledge and agree that Sharp is completely immune from any and all liability under a federal law referred to as the Communications Decency Act ("CDA"), 47 U.S.C. § 230. In short, the CDA provides that when a user writes and posts material on an "interactive website," such as our Site, the website itself cannot, in most cases, be held legally responsible for the posted material.
You are solely responsible for maintaining the strict confidentiality of your user IDs and Passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your user IDs/Passwords, your disclosure of your user IDs/Passwords or your authorization to allow another person to access and use the Services using your User IDs/Passwords. You agree to immediately notify us if you become aware of any unauthorized use of your user IDs/Passwords or other need to deactivate a user ID/Password due to security concerns.
WE PROVIDE ANY AND ALL SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Sharp does not guarantee, in any manner whatsoever, the accuracy, completeness, or usefulness of any information or Content on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Under no circumstances will Sharp be responsible for any loss or damage resulting from anyone's use of or reliance on information or Content posted on the Site. The Content appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the Content on the Site is accurate, complete, or current. We may make changes to the Content on our Site at any time without notice; however, we are not obligated, and do not make any commitment, to update any Content.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ATTORNEYS FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
THE TOTAL AGGREGATE LIABILITY OF SHARP UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO SHARP UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES. IN JURISDICTIONS WHERE LIMITATIONS ARE PROHIBITED, THE MAXIMUM DAMAGES SHALL NOT EXCEED THE STATUTORY LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “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 KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
Last updated on September 1, 2021
On our Site, you may be able to obtain certain Services from Sharp. The type of information collected by Sharp may vary, depending upon the Services sought. Any payment or banking information collected for the purpose of processing payments for Services is collected by a third-party vendor and will be stored in accordance with that vendor’s policies and procedures. Because we do not have access to such information, you should review the vendor’s applicable policies before providing your information to the vendor.
When you use our Site and/or Services we may collect tracking information such as your browser type, mobile device, the type of operating system you use, the domain name of your Internet service provider and pages visited on the website. We may use this information for aggregate reporting. For example, we may want to know how long the average user spends on our Site or which pages or features get the most attention. We use this information to make our Site and Services more useful to you; to provide you with more effective customer service; to make the website or Services easier to use by eliminating the need for you to repeatedly enter the same information; and to perform research and analysis aimed at improving our Services and technologies. “Non-Personal Information” is information that is not personally identifiable to you and that we automatically collect when you access our Site with a web browser. It may also include publicly available information that is shared between you and others.
We may share your Non-Personal Information, as well as your personally identifiable information, with related business entities and agents, as well as third parties, for the purpose of displaying advertisements that may be of interest to you. Other than for the purpose of providing you with the Services and/or advertising that may be of interest to you, we do not share your information; except, however, we may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, (c) as otherwise required or permitted under any applicable law, rule, or regulation, (d) in good faith, to protect or defend the rights or property of Sharp or other users, and (e) if Sharp is involved in a merger, acquisition, or sale of all or a portion of its assets.
All data provided to us and/or published on our Site is stored by Sharp on its servers, and/or on the servers of our third-party vendors, located in the United States. In our sole and absolute discretion, we may retain the data permanently. If you do not consent to this permanent storage of such information, do not use the Site or any Services.
In an attempt to prevent unauthorized access or disclosure, maintain data accuracy and ensure the appropriate use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect. We use data encryption technology to help protect against loss, misuse or alteration of your sensitive information. We use Secure Sockets Layer (SSL) technology which creates an encrypted connection between you and our systems for the transmission of any sensitive information you input online. Any unauthorized access to or use of our website or Services should be immediately brought to our attention by contacting us at email@example.com.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your information, Sharp cannot and does not ensure or warrant the security of any information you transmit to us, or to or from our online products or services. You transmit and receive all such information at your own risk. SHARP PROVIDES ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SHARP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(a) How Sharp Uses Technology to Improve Your Sharp Experience
Most aggregate information is collected via cookies, web beacons and other technical methods. Web beacons, also known as clear gifs, in conjunction with cookies, are used to compile statistics about website usage. Web beacons are small pieces of data embedded in images on the pages of websites or applications. We or our service providers use these technical methods to analyze the traffic patterns on our website, such as the frequency with which our users visit various parts of the website and to measure site effectiveness or use of online products and services. We also use Web beacons in HTML e-mails that we send our visitors who have agreed to receive e-mail from us, to determine whether our recipients have opened those e-mails and/or clicked on links in those e-mails. On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish Sharp with personally identifiable information, this information can be associated to the data stored in the cookies or Web beacons. These technical methods may involve the transmission of information either directly to us or to our service providers. You may render some Web beacons unusable by rejecting their associated cookies.
Sharp wants to ensure you understand that accepting a cookie in no way gives us access to your computer or any personal information about you, other than the data you choose to share with us. We are aware many people have concerns about cookies; however, we believe the benefit we both gain from their proper use is worthwhile.
(b) Links to Third Party Websites
Links to third party websites are provided solely as a convenience to you. If you use these links you will leave the Site. Sharp has not comprehensively reviewed all of these third-party websites and does not control and is not responsible for any of these websites, their content or their privacy policies. Thus, Sharp does not make any representations about them, or any information, software or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Site, you do this entirely at your own risk.
If you have any questions or comments regarding our privacy practices, please contact us at firstname.lastname@example.org. This policy is part of our Terms of Service, which disclaims any and all warranties and representations. You should carefully review our Terms of Service before using Site or any other Service we may offer. By using our Site, or any Service we offer, you are agreeing to be contractually bound by our Terms of Service, in addition to this policy.
You must be 18 years of age or older to use this Site or any of the Services.
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
If you wish to opt-out and revoke the consent you have provided to us by accessing the Site or using any other Services, you must email us at firstname.lastname@example.org and specifically state that you would like us to keep your information private. Once we receive your email, we will attempt to remove your information from circulation in our systems and archive your information for safekeeping (in case of litigation or the like) delete whatever you may have provided us; however, please be aware that you will be denied access from accessing the Site or using any other Services in the future to help ensure that we do not use your information.
This Digital Millennium Copyright Act (“DMCA”) Policy is part of our Terms of Service, and the definitions therein shall apply unless otherwise defined herein.
We observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement concerning any content on this Site or any related media.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent identified below with the following information:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located, along of a screenshot showing where the alleged infringing material is located;
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
(6) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result. See 17 U.S.C. § 512(f).
You may send your DMCA notice to our registered DMCA agent via email to email@example.com. Rather than emailing us, DMCA notices can be submitted in writing to our designated DMCA Agent (our “Agent”): Nicholas T. Sharp, 29834 N. Cave Creek Road, #118-311 Cave Creek, AZ 85331, USA. Mailing DMCA notices is strongly discouraged and may delay processing of your request.
Our compliance with the DMCA should not be considered a promise, either express or implied, to remove any material from this Site. Removal is always done at our sole and absolute discretion, regardless of any discretionary take down procedures, including the following, that we may elect to adopt and/or utilize.
Upon receipt of any notification of claimed copyright infringement, we reserve the right, at any time, without notice or liability, to disable access to, or remove any material or activity accessible on or from the Site or any materials claimed to be infringing. We will attempt to act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the "DMCA".
If any DMCA notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, we may attempt, but are under no obligation, to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When our Agent receives a valid notice, we will attempt to expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to our Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After our Agent receives the counter-notification, we may replace the material at issue within 10-14 days after receipt of the counter-notification unless our Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
If the recipient of a DMCA notice believes that the notice is incorrect and/or that the allegedly infringing material has been wrongly removed, the recipient may submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA. The information that a recipient provides in a counter-notification must be accurate and truthful, and the recipient will be liable for any misrepresentations that cause any claims to be brought against the Site.
To submit a counter-notification, please provide our Agent the following information:
(1) Your name, address, telephone number, and e-mail address;
(2) A specific description of the material that was removed or disabled pursuant to the notice;
(3) The exact URL or web address where the alleged infringing material was located, along of a screenshot showing where the alleged infringing material was located;
(4) The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled";
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
(6) The following statement concerning jurisdiction: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the United States District Court for the District of Arizona, and will accept service of process from the claimant."
After receiving a compliant counter-notification, our Agent will forward it to us, and we will then provide the counter-notification to the claimant. Thereafter, within ten to fourteen days of our receipt of a counter-notification, we will replace or cease disabling access to the disputed material provided that we or our Agent have not received notice that the original claimant has filed an action seeking an appropriate court order.
We reserve the right to modify, alter or add to this policy. All users are responsible for checking for any updates.
Effective as of June 27, 2016.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service.
If you are a user who signs up for the Service, will create a personalized account, which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the”Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a)Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b)Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at Tattooed Women:
(c)Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and Tattooed Womens that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to http://localhost/ttw.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OROPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORSOR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, ORDATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE ORINABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDINGNEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AN DEVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DONOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages(actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.