Additionally, some jurisdictions do not allow the exclusion or limitation of certain other types ofdamages, so the above limitations or exclusions may not apply to you. (c) The limitations set forth in this Section 9 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of tinyBuild or the other tinyBuild Parties or for any other matters in which liability cannot be excluded or limited under applicable law. (b) The total liability of tinyBuild and the other tinyBuild Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $10. (a) To the fullest extent permitted by applicable law, tinyBuild and the other tinyBuild Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, strict liability, warranty, or otherwise-for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if tinyBuild or the other tinyBuild Parties have been advised of the possibility of such damages. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and tinyBuild or the other tinyBuild Parties. You also agree that the tinyBuild Parties will have control of the defense or settlement, at tinyBuild's sole option, of any third-party Claims. You agree to promptly notify tinyBuild Parties of any third-party Claims, cooperate with tinyBuild Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless tinyBuild and our respective officers, directors, agents, partners and employees (individually and collectively, the “ tinyBuild Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“ Claims”) arising out of or related to (a) your access to or use of the Services (b) your violation of these Terms (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (d) your conduct in connection with the Services. Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. Send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes īypass or ignore instructions contained in our robots.txt file or Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services ĭevelop or use any applications that interact with our Services without our prior written consent Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services Sell, resell or commercially use our Services Ĭopy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity You will not: Įngage in any harassing, threatening, intimidating, predatory or stalking conduct (a) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services.
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