- SafeBreach may, from time to time modify the TOU. Any amended TOU will come into effect when posted on the Site. If User does not agree to the TOU as amended, User must stop using the Services. User is advised that if User does not terminate all use of the Services, or any part thereof, User will be deemed to have accepted the TOU, as amended.
By using the Services User represents that (i) User is not under 13 years of age, (ii) User is authorized to use the Services, (iii) User agrees to be bound by the terms of the TOU; and (iv) its use of the Services does not conflict any law applicable to User.
- All title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Content (except for the Third Party Content, as defined below), shall remain in SafeBreach, its affiliates, or their respective licensors, if any. User agrees that nothing contained in the Services shall be construed as transferring any ownership right and/or granting a license to any intellectual property right, unless otherwise explicitly set forth herein.
- SafeBreach is always pleased to hear from its Users, and welcome their comments or suggestions ("Suggestions"). When SafeBreach refers to a Suggestion herein, SafeBreach means: Any comment or suggestion made either on the Site or otherwise to SafeBreach. With regard to such Suggestions User represents and warrants that (i) such Suggestions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (ii) SafeBreach is entitled to unrestricted use or disclosure of the Suggestions for any purpose whatsoever, all without compensation to the User that submitted the Idea.
Third Party Content.
Each User agrees upon SafeBreach’s first demand to indemnify, defend, and hold SafeBreach and its affiliates, licensors, officers, directors, employees, consultants, agents and representatives (collectively, “Affiliates”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys' fees) arising out of User's: (i) use of the Services; (ii) use of any Third Party Content and/or any other interaction with third parties through the Services; (iii) violation of the terms hereof; or (iv) violation of any third party's rights. SafeBreach reserves the right, at such User's expense, to assume the exclusive defense and control of any matter of indemnification by User hereunder. User shall cooperate fully as reasonably required in the defense of any claim.
Disclaimer and Warranties.
USER UNDERSTANDS AND AGREES THAT USER'S USE OF THE SERVICES ARE AT USER'S OWN RISK. SAFEBREACH'S SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAFEBREACH AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAFEBREACH AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET USER'S EXPECTATIONS; (ii) THE SERVICES AND/OR THE CONTENT ARE CORRECT AND/OR ACCURATE AND/OR UP-TO-DATE; (iii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY SERVICES ARE ACCESSED AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE SITE, THE CONTENT, AND/OR THE DOWNLOAD THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SAFEBREACH OR THROUGH OR FROM THE SITE AND/OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
Limitation of Liability.
IN NO EVENT SHALL SAFEBREACH OR ITS AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR THE CONTENT; OR (ii) ANY OTHER MATTER RELATING TO THE USER'S USE OF THE SITE AND/OR THE CONTENT OR THESE TOU, EVEN IF SAFEBREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SAFEBREACH'S AGGREGATE LIABILITY TO USER OR ANY THIRD PARTY WILL AT ALL TIMES BE LIMITED TO US\$100. THE AFORESAID LIMIT SHALL NOT BE ENLARGED BY THE EXISTENCE OF MULTIPLE CLAIMS. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY USER MORE THAN 60 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.
- To the extent that the Services, or any portion thereof, conflict with the TOU, the TOU shall prevail.
- SafeBreach's failure to enforce any provision of the TOU shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- SafeBreach's rights under the TOU shall survive any expiration or termination of the TOU.
- The TOU shall be governed by the laws of the State of California without regard to the principles of conflict of law. The courts of the State of California shall have exclusive jurisdiction to adjudicate any dispute arising out of the TOU.
- Without limiting any other terms of the TOU, SafeBreach may always in SafeBreach's sole discretion block User's access to the Services or stop providing, terminate or disable User's use of the Services, even if SafeBreach has previously allowed User to use the Services.