Common use of DISCLAIMER AND LIMITATIONS OF LIABILITY Clause in Contracts

DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH THE SITE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable law.

DISCLAIMER AND LIMITATIONS OF LIABILITY. (1). EXCEPT AS IS PROVIDED IN THE PATENTS AND COPYRIGHTS SECTION OF THIS SITEAGREEMENT, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND EMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE ARE MADE AVAILABLE ON AN "AS IS" LICENSE OF SOFTWARE, THE PROVISION OF SERVICES AND "AS AVAILABLE" BASISTHE USE, WITHOUT ANY REPRESENTATIONPERFORMANCE, RECEIPT OR DISPOSITION OF SUCH SOFTWARE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR CONDITION OTHERWISE, SHALL NOT EXCEED THE LESSER OF ANY KIND, EXPRESS THE ACTUAL AMOUNTS PAID BY CUSTOMER (OTHER THAN REIMBURSEMENT OF EMC'S EXPENSES) FOR SUCH SOFTWARE AND/OR IMPLIED, SERVICES DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL ONE MILLION US DOLLARS ($1,000,000). EMC'S LIABILITY FOR DAMAGES SHALL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING LIMITED TO THIS SITEDAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMEDIS FURTHER LIMITED BY THE WARRANTY SECTION OF THIS AGREEMENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, CUSTOMER WAIVES THE RIGHT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR BRING ANY LOSS CLAIM ARISING OUT OF OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER THE CAUSE OF ACTION UPON WHICH THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIALCLAIM IS BASED. (2). IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCIDENTAL, INDIRECTCONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, SPECIALBUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR PUNITIVE LOSS OF USE DAMAGES. You further understand and acknowledge the capacity of the Site) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable lawEVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

DISCLAIMER AND LIMITATIONS OF LIABILITY. (1). EXCEPT AS IS PROVIDED IN THE PATENTS AND COPYRIGHTS SECTION OF THIS SITEAGREEMENT, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND EMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE ARE MADE AVAILABLE ON AN "AS IS" LICENSE OF SOFTWARE, THE PROVISION OF SERVICES AND "AS AVAILABLE" BASISTHE USE, WITHOUT ANY REPRESENTATIONPERFORMANCE, RECEIPT OR DISPOSITION OF SUCH SOFTWARE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR CONDITION OTHERWISE, SHALL NOT EXCEED THE LESSER OF ANY KIND, EXPRESS THE ACTUAL AMOUNTS PAID BY CUSTOMER (OTHER THAN REIMBURSEMENT OF EMC'S EXPENSES) FOR SUCH SOFTWARE AND/OR IMPLIED, SERVICES DURING THE IMMEDIATELY PRECEDING 12 MONTH PERIOD OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL ONE MILLION US DOLLARS ($1,000,000). EMC'S LIABILITY FOR DAMAGES SHALL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING LIMITED TO THIS SITEDAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMEDIS FURTHER LIMITED BY THE WARRANTY SECTION OF THIS AGREEMENT. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, CUSTOMER WAIVES THE RIGHT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR BRING ANY LOSS CLAIM ARISING OUT OF OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER THE CAUSE OF ACTION UPON WHICH THE SITE OR FROM THESE TERMS OF USECLAIM IS BASED. (2). IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, INCLUDING, WITHOUT LIMITATION, COMPENSATORYINCIDENTAL, CONSEQUENTIAL, INCIDENTALOR EXEMPLARY DAMAGES (INCLUDING, INDIRECTBUT NOT LIMITED TO, SPECIALLOSS OF PROFITS, LOSS OF DATA OR PUNITIVE LOSS OF USE DAMAGES. You further understand and acknowledge the capacity of the Site) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable lawEVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITEYOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ALL ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WEBSITE ARE MADE AVAILABLE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, WARRANTIES OR CONDITION CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIEDIMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY GUARANTY WARRANTIES THAT CANNOT BE EXCLUDED OR ASSURANCE THAT LIMITED UNDER APPLICABLE LAW. NEITHER THE SITE WILL BE AVAILABLE FOR USECOMPANY NOR ITS SUBSIDIARIES, AFFILIATES, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNSTHEIR RESPECTIVE DIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVESSERVICE PROVIDERS, CONTRACTORS, LICENSORS, OPERATIONAL LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, ADVERTISERSCONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR- FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND SUPPLIERS SHALL DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGEDAMAGE CAUSED BY DENIAL-OF- SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, DIRECT OR INDIRECTUNDER ANY LEGAL THEORY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTALINCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Site, in the aggregate and for each UserINCLUDING, is limited. ConsequentlyBUT NOT LIMITED TO, some messages and transmissions may not be processed in a timely fashion or at allPERSONAL INJURY, and some features or functions may be restricted or delayed or become completely inoperable. As a resultPAIN AND SUFFERING, you acknowledge and agree that HLLS MovieEMOTIONAL DISTRESS, LLC and Synthetic PicturesLOSS OF REVENUE, LLC assume no liabilityLOSS OF PROFITS, responsibilityLOSS OF BUSINESS OR ANTICIPATED SAVINGS, or obligation to transmitLOSS OF USE, processLOSS OF GOODWILL, storeLOSS OF DATA, receiveAND WHETHER CAUSED BY TORT, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remediesBREACH OF CONTRACT, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable lawBREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH THE SITE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLCPRATHYANGIRA CINEMAS, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume Prathyangira Cinemas assumes no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms of Use will may not apply to you to the extent not prohibited by applicable lawyou.

DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL CONTENTMATERIALS, PRODUCTS, SERVICES, GOODS AND OTHER INFORMATION APPEARING ON SERVICES AND IN CONNECTION WITH THE SITE POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, REPRESENTATION OR CONDITION WARRANTY OF ANY KIND, EXPRESS OR IMPLIEDIMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORMED PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONSWITHOUT LIMITING THE FOREGOING, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO THIS YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the SiteMATERIALS ASSOCIATED WITH YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIEXXXX, LLC, SYNTHETIC PICTURES, LLC, AND ITS AFFILIATES, PARENT, RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTSMEMBERS, REPRESENTATIVES, LICENSORS, OR OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF RELATING TO THE SITE OR FROM THESE TERMS OF USETHIS AGREEMENT, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, SPECIAL OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. You further understand and acknowledge the capacity of the SiteWITHOUT LIMITING THE FOREGOING, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable law.THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES AND SASA DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY..

DISCLAIMER AND LIMITATIONS OF LIABILITY. 11.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS SITEAGREEMENT, AND ALL CONTENT, PRODUCTS, SERVICES, AND FRAXION DOES NOT MAKE ANY OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH THE SITE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION GUARANTY, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY KINDTHE SERVICES PROVIDED OR OFFERED HEREUNDER. 11.2. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EXPRESS OR THE SERVICES PROVIDED TO CLIENT HEREUNDER ARE PROVIDED STRICTLY ON AN “AS IS” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM THESE TERMS OF USEOTHERWISE, INCLUDING, WITHOUT LIMITATION, COMPENSATORYANY IMPLIED WARRANTY OF MERCHANTABILITY, CONSEQUENTIALFITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 11.3. TO THE EXTENT PERMITTED BY LAW, XXXXXXX’S TOTAL AND AGGREGATED LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER WHETHER BASED ON CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER THIS AGREEMENT. 11.4. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. 11.5. THE LIMITATIONS IN THIS CLAUSE SHALL NOT APPLY TO CLIENT’S OBLIGATION TO PAY FEES LEGALLY OWED UNDER THIS AGREEMENT, EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, OR INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. 11.6. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECTCONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, SPECIALREVENUE, PROFITS, USE OR PUNITIVE OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE CAUSE, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11.7. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable lawNOTHING HEREIN SHALL LIMIT A PARTY’S LIABILITY IN AN ACTION IN DELICT (SEPARATE AND DISTINCT FROM A CAUSE OF ACTION FOR BREACH OF THIS AGREEMENT) FOR THE PARTY’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

DISCLAIMER AND LIMITATIONS OF LIABILITY. (1). EXCEPT AS IS PROVIDED IN THE ABOVE PATENT AND COPYRIGHT SECTION, EMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SITEAGREEMENT, THE SALE OF EQUIPMENT, THE LICENSE OF SOFTWARE, THE PROVISION OF SERVICES AND THE USE, PERFORMANCE, RECEIPT OR DISPOSITION OF SUCH EQUIPMENT, SOFTWARE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE [*] PAID BY CUSTOMER (OTHER THAN REIMBURSEMENT OF EMC'S EXPENSES) FOR SUCH EQUIPMENT, SOFTWARE AND/OR SERVICES DURING THE IMMEDIATELY PRECEDING [*] OR[*]. EMC'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO DAMAGES CAUSED BY EMC'S SOLE NEGLIGENCE, AND ALL CONTENTIS FURTHER LIMITED BY THE WARRANTY SECTION OF THESE GENERAL TERMS AND CONDITIONS. CUSTOMER WAIVES THE RIGHT TO BRING ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER THE CAUSE OF ACTION UPON WHICH THE CLAIM IS BASED. (2). IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OTHER PERSON OR ENTITY FOR SPECIAL, PRODUCTSINCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SALE OF EQUIPMENT, THE LICENSE OF SOFTWARE, THE PROVISION OF SERVICES, AND OTHER INFORMATION APPEARING ON AND IN CONNECTION WITH THE SITE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, PERFORMANCE, RECEIPT OR THAT ALL PRODUCTSDISPOSITION OF SUCH EQUIPMENT, FEATURES, FUNCTIONS, SOFTWARE OR SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE SITE POSSIBILITY OF SUCH DAMAGES OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or obligation to transmit, process, store, receive, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable lawLOSSES.

DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE14.1 IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (a) INCIDENTAL, AND ALL CONTENTINDIRECT, PRODUCTSSPECIAL OR CONSEQUENTIAL DAMAGES OR (b) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, SERVICESDATA OR PROFITS, AND OTHER INFORMATION APPEARING ON AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SITE ARE MADE AVAILABLE ON AN "USE OR PERFORMANCE OF THE PRODUCTS. A PARTY'S LIABILITY FOR DAMAGE TO PROPERTY SHALL BE LIMITED TO PHYSICAL DAMAGE DIRECTLY CAUSED BY THE SOLE NEGLIGENCE OF SUCH PARTY. EMC'S LIABILITY TO COMPANY SHALL IN NO EVENT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE PRODUCTS PAID UNDER THIS AGREEMENT OR ONE MILLION DOLLARS ($1,000,000). NEITHER PARTY SHALL BRING ANY CLAIM ARISING UNDER THIS AGREEMENT MORE THAN EIGHTEEN MONTHS AFTER SUCH CLAIM HAS ACCRUED. EXCEPT AS IS" PROVIDED IN EMC'S WARRANTIES TO END-USERS IN NO EVENT WILL EMC BE LIABLE TO END-USERS OR OTHER THIRD PARTIES FOR ANY DAMAGES, EXCEPT FOR THOSE SPECIFIED IN SECTION 13, INCLUDING BUT NOT LIMITED TO: (i) DAMAGES CAUSED BY THE COMPANY'S FAILURE TO PERFORM ITS COVENANTS AND "RESPONSIBILITIES, BY REASON OF EMC'S NEGLIGENCE FOR OTHERWISE; (ii) DAMAGES CAUSED BY REPAIRS OR ALTERATIONS DONE WITHOUT EMC'S WRITTEN APPROVAL; OR (iii) DAMAGES DUE TO DETERIORATION DURING PERIODS OF STORAGE BY THE COMPANY OR ANY OF ITS CUSTOMERS. THE COMPANY SHALL INDEMNIFY AND HOLD EMC HARMLESS AGAINST ALL SUCH CLAIMS ASSERTED BY THE END-USERS OR OTHER THIRD PARTIES AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, A RESULT OF THE COMPANY'S ACTS OR CONDITION OMISSIONS. EMC SHALL HAVE NO LIABILITY TO THE COMPANY FOR DAMAGES OF ANY KIND, EXPRESS INCLUDING INCIDENTAL OR IMPLIEDCONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR ANY GUARANTY OR ASSURANCE THAT EXPIRATION OF THIS AGREEMENT. WITHOUT LIMITING THE SITE WILL BE AVAILABLE FOR USEGENERALITY OF THE FOREGOING, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES, OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES, AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HLLS MOVIE, LLC, SYNTHETIC PICTURES, LLC, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, AND SUPPLIERS EMC SHALL NOT BE LIABLE TO COMPANY ON ACCOUNT OF THE TERMINATION OR THE EXPIRATION OF THIS AGREEMENT FOR REIMBURSEMENT OR DAMAGES FOR THE LOSS OF GOODWILL, PROSPECTIVE PROFITS OR ANTICIPATED SALES, OR ON ACCOUNT OF ANY EXPENDITURES INVESTMENTS OR COMMITMENTS MADE BY THE COMPANY OR FOR ANY LOSS REASON WHATSOEVER BASED UPON OR DAMAGEGROWING OUT OF SUCH TERMINATION OR EXPIRATION. 14.2 To the extent a claim or action is brought against EMC based on or related to the Company's failure to observe or perform its obligations under this Agreement, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that HLLS Movie, LLC and Synthetic Pictures, LLC assume no liability, responsibility, or including its obligation to transmitnotify End-Users of limitations and disclaimers of warranties and liabilities, processthe Company shall defend and hold EMC harmless from and against any and all damages, storecosts and expenses, receiveincluding reasonable attorney's fees, or deliver transactions or for any failure or delay associated with the same and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any such transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly the exclusions and limitations described in these Terms of Use will apply to you to the extent not prohibited by applicable lawsuffered against EMC.