Common use of Disclaimer of Warranty; Limitation of Liability; Indemnification Clause in Contracts

Disclaimer of Warranty; Limitation of Liability; Indemnification. You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, Chillz, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Chillz makes no warranties or representations about the accuracy or completeness of the content of the Services, including without derogating the content of any sites linked to the Services, of the Third Party Materials and assumes no liability or responsibility for any: (i) Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content. (ii) Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services; (iii) Any unauthorized access to or use of Chillz' secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Services; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Without derogating from the abovementioned, in no event will Chillz, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Chillz has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Chillz shall not be liable for any users’ submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. You agree to indemnify and hold Chillz, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms including the TERMS OF SERVICE DESIGNATED FOR END USERS (CONSUMERS) that refer to you explicitly or by implication; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that any submission made by you has caused damage to a third party; or (v) Any Business Content you post or share on or through the Services.

Disclaimer of Warranty; Limitation of Liability; Indemnification. The App is provided on an “AS IS” and “AS AVAILABLE” basis. You agree that your use of are solely responsible for any and all acts or omissions taken or made in reliance on the Services shall be at your sole riskApp. To the fullest extent permitted by law, ChillzCherry Imaging, its officers, directors, employees, licensors and agents disclaim all warranties, explicit or implied, in connection with the Services App and your use thereof including without limitation implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Chillz makes no warranties or representations about the accuracy or completeness of the content of the Services, including without derogating the content of any sites linked to the Services, of the Third Party Materials and Cherry Imaging assumes no liability or responsibility for any: (i) a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of the App or any content.of the Services; (ii) b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the ServicesApp; (iii) c. Any unauthorized access to or use of Chillz' secure Cherry Imaging’s servers and/or any and all personal information and/or financial information stored therein; (iv) d. Any interruption or cessation of transmission to or from the ServicesApp; (v) e. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services App by any third party; or; (vi) f. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of results that may be obtained from the use of the App; and/or g. The quality of any content posted, emailed, transmittedinformation, or otherwise made available via other material obtained by you through the ServicesApp; WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT XXXX XXXXXX IMAGING, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, LICENSORS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE APP OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHERRY IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. Without derogating from the abovementionedTHE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT DEROGATING FROM THE AFOREMENTIONED, in no event will Chillz, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Chillz has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Chillz shall not be liable for any users’ submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with youIN ANY EVENT CHERRY IMAGING’S MAXIMUM LIABILITY IN ALL CASES AND FROM ALL CAUSES OF ACTION SHALL BE LIMITED TO THE SUM OF US $50. You agree to indemnify and hold ChillzCherry Imaging, and each of its directors, officers, agents, contractors, partners partners, licensors and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's ’s fees, arising out of or in connection with any of the following: (i) a. Your use of of, and access to the ServicesApp; (ii) b. Your violation of any term of these Terms including the TERMS OF SERVICE DESIGNATED FOR END USERS (CONSUMERS) that refer to you explicitly or by implicationthis Agreement; (iii) c. Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) d. Any claim that any user submission made by you has caused damage to a third party; or (v) Any Business Content you post . Certain laws do not allow limitations on implied warranties or share on the exclusion or through limitation of certain damages. If these laws apply to you, then the Serviceslimitations included in this section shall be interpreted to the maximum extent permitted under applicable law.

Disclaimer of Warranty; Limitation of Liability; Indemnification. You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, Chillz, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Chillz makes no warranties or representations about the accuracy or completeness of the content of the Services, including without derogating derogating, the events publish in the website or the app, and the content of any sites linked to the Services, of the Third Party Materials and assumes no liability or responsibility for any: (i) Errors, mistakes, inaccuracies, non-suitability or non-conformity of any contentcontent including without limitation content regarding the events publish by the Event Organizer; Any such events are under the responsibility of the Event Organizer. (ii) Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services; (iii) Any unauthorized access to or use of Chillz' secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Services; (v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Without derogating from the abovementioned, in no event will Chillz, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Chillz has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Chillz Xxxxxx shall not be liable for any users’ User submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. You agree to indemnify and hold ChillzXxxxxx, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms including the TERMS OF SERVICE DESIGNATED FOR END USERS (CONSUMERS) that refer to you explicitly or by implicationTerms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that any User submission made by you has caused damage to a third party; or (v) Any Business User Content you post or share on or through the Services.

Disclaimer of Warranty; Limitation of Liability; Indemnification. The Services and Service Materials are provided to you ‘as is’ and without warranties or representations of any kind either expressed or implied. You agree that your use of the Services Services, shall be at your sole risk. To the fullest extent permitted by law, Chillzwe, its including our officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Services Services, including any use or operation of the deWeb Framework, and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Chillz makes We make no warranties or representations about the accuracy or completeness of the content of the Services, including without derogating limitation, the Service Materials, any content of any sites linked to the Services, of the Third Party Materials and assumes no liability or responsibility for any: (i) a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any contentcontent including the Service Materials. (ii) b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services, the Service Materials, or the deWeb Framework; (iii) c. Any unauthorized access to or use of ChillzdeWeb' secure servers and/or any and all personal information and/or financial information stored therein; (iv) d. Any interruption or cessation of transmission to or from the Services; (v) e. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third partyServices, the Service Materials or he deWeb Framework; or (vi) f. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Without derogating from the abovementioned, in no event will ChillzdeWeb, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, including any use or operation of the deWeb Framework, whether based on warranty, contract, tort, or any other legal theory, and whether or not Chillz deWeb has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Chillz deWeb shall not be liable for any users’ submissions use of the Service Materials and/or defamatory, offensive the deWeb Framework made by any User and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. You agree to indemnify and hold ChillzdeWeb, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following: (i) Your use of and access to the Services, Services Materials and the deWeb Framework; (ii) Your violation of any term of these Terms including the TERMS OF SERVICE DESIGNATED FOR END USERS (CONSUMERS) that refer to you explicitly or by implicationTerms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Any claim that any User submission made by you has caused damage to a third party; or (v) Any Business User Content you post or share on or through the Services, or relating to the Services.