1. ACCEPTANCE OF TERMS
1.1. Flingmix provides a collection of online resources,
including classified ads, forums, and various email services, (referred to
hereafter as "the Service") subject to the following Terms of Use
("TOU"). By using the Service in any way, you are agreeing to comply
with the TOU. In addition, when using particular Flingmix services, you agree
to abide by any applicable posted guidelines for all Flingmix services, which
may change from time to time. Should you object to any term or condition of
the TOU, any guidelines, or any subsequent modifications thereto or become
dissatisfied with Flingmix in any way, your only recourse is to immediately
discontinue use of Flingmix. Flingmix has the right, but is not obligated, to
strictly enforce the TOU through self-help, community moderation, active
investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
2.1. We reserve the right, at our sole discretion, to
change, modify or otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting thereof. You
must review this agreement on a regular basis to keep yourself apprised of any
changes. You can find the most recent version of the TOU at:
http://www.flingmix.com/home/termsofuse
3. ELIGIBILITY
3.1. Use of Flingmix is for adults only and void where
prohibited. By using the Site, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement, and furthermore certify that:
3.2. You shall not permit any unauthorized person(s) to
access the Site through Your actions or omissions.
3.3. You choose to access the Site voluntarily, because you
want to view, read, hear, or use the various materials, which may be available,
for your own personal enjoyment, information, entertainment or education.
3.4. You have not notified any governmental agency,
including the U.S. postal service that you do not wish to receive sexually
oriented material.
3.5. In Your judgment, the average adult in your community
accepts the consumption of such materials by willing adults in circumstances
such as this, which offer reasonable insulation from the materials for minors
and unwilling adults, and will not find such materials to appeal to a prurient
interest or to be patently offensive. You further represent and warrant that
you are familiar with the standards in your community regarding the acceptance
of such sexually oriented materials, and the materials you expect to encounter
are within those standards.
4. Restricting Access
4.1. You acknowledge that you understand that there are
commercially available parental control protections (such as computer hardware,
software, or filtering services) may assist you in limiting access to material
that is harmful to minors. If you are interested in learning more about these
protections, information is available at www.cybersitter.com, www.netnanny.com
or other analogous sites providing information on such protections.
5. Affirmation That You Are an Adult
5.1. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY
OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF
MAJORITY).
6. Accounts and Passwords
6.1. You are responsible for maintaining the confidentiality
and security of you account access method. A link to edit your post is emailed
to you upon account creation. You are responsible for assuring that access to
this link is restricted to only you and is kept confidential. You are
responsible for all uses of its account, whether or not authorized by you. You
agree to immediately notify Flingmix of any unauthorized use of its account.
7. Conduct
7.1. You agree not to post, email, or otherwise make available Content:
a)that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors in any way;
b)that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same
or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
d)that violates the Fair Housing Act by stating, in any notice or ad for the sale or
rental of any dwelling, a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap(or violates any state or
local law prohibiting discrimination on the basis of these or other
characteristics);
e)that violates federal, state, or local equal employment opportunity laws, including
but not limited to, stating in any advertisement for employment a preference or
requirement based on race, color, religion, sex, national origin, age, or
disability.
f) that impersonates any person or entity, including, but not limited to, a Flingmix
employee, or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to Content that constitutes
lawful non-deceptive parody of public figures.);
g)that includes personal or identifying information about another person without that
person's explicit consent;
h)that is false, deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
i) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
j) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement;
k)that constitutes or contains any form of advertising or solicitation if: posted in
areas of the Flingmix sites which are not designated for such purposes; or
emailed to Flingmix users who have not indicated in writing that it is ok to
contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as
allowed in "services";
m) that advertises any illegal service or the sale of any items the sale of which is
prohibited or restricted by any applicable law, including without limitation items the sale
of which is prohibited or regulated by Florida law.
n)that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
o) that disrupts the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or that employs misleading email addresses,
or forged headers or otherwise manipulated identifiers in order to disguise the
origin of Content transmitted through the Service.
7.2. Additionally, you agree not to:
a) contact anyone who has asked not to be contacted, or make unsolicited contact with
anyone for any commercial purpose;
b)"stalk" or otherwise harass anyone;
c) collect personal data about other users for commercial or unlawful purposes;
d) use automated means, including spiders, robots, crawlers, data mining tools, or the
like to download data from the Service - unless expressly permitted by Flingmix;
e) post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
our infrastructure;
f) post the same item or service in more than one classified category or forum, or in
more than one metropolitan area;
g) attempt to gain unauthorized access to Flingmix's computer systems or engage in any
activity that disrupts, diminishes the quality of, interferes with the
performance of, or impairs the functionality of, the Service or the Flingmix
website; or
h) use any form of automated device or computer program that enables the submission of
postings on Flingmix without each posting being manually entered by the author
thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit postings in
bulk, or for automatic submission of postings at regular intervals.
i) use any form of automated device or computer program ("flagging
tool")that enables the use of Flingmix's "flagging system" or
other community moderation systems without each flag being manually entered by
the person that initiates the flag (an "automated flagging device"),
or use the flagging tool to remove posts of competitors, or to remove posts
without a good faith belief that the post being flagged violates these TERMS OF
USE;
8. Content Posted by Users:
8.1. FLINGMIX DOES NOT ASSUME ANY RESPONSIBILITY FOR
VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE
SERVICE.
8.2. You understand that all postings, messages, text,
files, images, photos, video, sounds, or other materials ("Content")
posted on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for each individual item
("Item") of Content that you post, email or otherwise make available
via the Service. You understand that Flingmix does not control, and is not
responsible for Content made available through the Service, and that by using
the Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the Flingmix
site and Content available through the Service may contain links to other
websites, which are completely independent of Flingmix. Flingmix makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other websites
is at your own risk. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Flingmix be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise made available via the Service. You
acknowledge that Flingmix does not pre-screen or approve Content, but that
Flingmix shall have the right (but not the obligation) in its sole discretion
to refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
8.3. Flingmix claims immunity from liability to the fullest
extent under the law and as provided under the Communications Decency Act for
Content provided by third parties and Members and nothing in this agreement is
intended to waive, remove, or usurp such immunity. You understand and agree
that Flingmix may delete any content, messages, photos or profiles
(collectively, "Member Content") that in the sole judgment of Flingmix
violates the Terms and Conditions of Use or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of Flingmix or
its Members
8.4. You are solely responsible for the content that you
publish or display (hereinafter, "post") on the Flingmix Site, or
transmit to other Flingmix Members through the Service.
8.5. The Flingmix site and Content available through the
Service may contain links to other websites, which are completely independent
of Flingmix. Flingmix makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such site.
Your linking to any other webites is at your own risk.
8.6. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will Flingmix be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise made available via the Service.
style='text-transform:uppercase'>8.7.
style='text-transform:uppercase'>You acknowledge that Flingmix does not
pre-screen or approve Content, but that Flingmix shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any Content
that is available via the Service, for violating the letter or spirit of the terms
of use or for any other reason.
8.8. By posting content to any area of Flingmix, you
automatically grant, and you represent and warrant that you have the right to
grant, to Flingmix and its Members, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to prepare derivative
works of, or incorporate into other works and other media, such information and
content, and to grant and authorize sublicenses of the foregoing. For privacy terms,
please refer to our Privacy Policy.
8.9. Flingmix shall have the ability to and may choose to
investigate and take appropriate legal action, at its sole discretion, against
anyone who violates this provision, including without limitation, removing the
offending communication from the Site or Service and terminating the Membership
of such a violator. The following list is a partial list of the kind of content
that is illegal or prohibited on the Site. It includes, but is not limited to,
content that: is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual; harasses or advocates harassment of another person or
invades their privacy; involves the transmission of "junk mail",
"chain letters," or unsolicited commercial e-mail or
"spamming"; promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous; promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files; contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page); displays
pornographic or sexually explicit material that is commercial in nature;
provides material that exploits people under the age of eighteen (18) in a
sexual or violent manner, or solicits personal information from anyone under
18; provides content that involves cursing, swearing, incest, falsifying
gender, violence, necrophilia, impersonating another Member, threat of suicide
or harm to oneself or others, or bestiality; provides instructional information
about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses; solicits passwords
or personal identifying information for commercial or unlawful purposes from
other users; sending advertisements in chat or instant messaging messages; and
engages in commercial activities or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
8.10. You agree to use the Flingmix Service in a manner
consistent with any and all applicable laws and regulations in the jurisdiction
where you are accessing the Site.
8.11. You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our web pages or
the content contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine to bypass or to
interfere or attempt to interfere with the proper working of the Flingmix Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our Site is updated on a real time basis and is proprietary or is licensed to Flingmix
by our users or third parties.
8.1. You may not engage in advertising to, or solicitation
of, other Members to buy or sell any products or services through the Service.
You will not transmit any chain letters or junk email to other Flingmix
Members. Although Flingmix cannot, and does not, monitor the conduct of its
Members off the Flingmix Site, it is also a violation of these rules to use any
information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent.
8.2. Your profile (and its contents) may be searchable by,
and you may be able to search for the profiles (and their contents) of, Members
registered to other sites operated and powered by the Service, e.g. co-branded,
privately labeled, etc. This feature may allow you to interact with Members of
other affiliated websites.
8.3. Your profile (and the contents thereof) may be
searchable by third-party publicly available search engines.
9. THIRD PARTY CONTENT, SITES, AND SERVICES
9.1. The Flingmix site and Content available through the
Service may contain features and functionalities that may link you or provide
you with access to third party content which is completely independent of Flingmix,
including web sites, directories, servers, networks, systems, information and
databases, applications, software, programs, products or services, and the
Internet as a whole.
9.2. Your interactions with organizations and/or individuals
found on or through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations and/or
individuals. You should make whatever investigation you feel necessary or
appropriate before proceeding with any online or offline transaction with any
of these third parties.
9.3. You agree that Flingmix shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that Flingmix is under no
obligation to become involved. In the event that you have a dispute with one or
more other users, you hereby release Flingmix, its officers, employees, agents
and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service.
10. Acceptable Use Policy for Content Posted on the Website:
10.1. Flingmix does not claim ownership of any Content you
submit or make available for inclusion on the Flingmix Site. However, with
respect to Content you submit or make available for inclusion on publicly
accessible areas of the Flingmix Site, you grant Flingmix the following
world-wide, royalty free and non-exclusive license(s), as applicable.
10.2. With respect to Content you submit or make available
for inclusion on publicly accessible areas of the Flingmix Site the license to
use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Flingmix Site solely for the purposes of providing
and promoting the Flingmix Site and Service to which such Content was submitted
or made available. This license exists only for as long as you elect to
continue to include such Content on the Flingmix Site, and will terminate at
the time you remove such Content or Flingmix removes such Content from the
Flingmix Site.
10.3. With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible area of the
Flingmix the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Flingmix Site solely for the
purpose for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Flingmix Site and will terminate at the time you remove such Content, or
Flingmix removes such Content from the Flingmix Site.
10.4. With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on accessible areas
of the Site. You grant to Flingmix the perpetual, irrevocable and fully sub
licensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
10.5. We reserve the right to excerpt text quotes and
pictures from Profiles or Featured Members, along with your handle (Member/User
Name), and feature them in ads, supplements and content pages in the marketing
of the Flingmix Site and its partners.
11. NO SPAM POLICY
11.1. You understand and agree that sending unsolicited
email advertisements to Flingmix email addresses or through Flingmix computer
systems, which is expressly prohibited by these Terms, will use or cause to be
used servers.
11.2. Any unauthorized use of Flingmix computer systems is
a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.). Such violations may subject the sender and his or her agents to civil
and criminal penalties.
12. ACCESS TO THE SERVICE
12.1. Flingmix grants you a limited, revocable, nonexclusive
license to access the Service for your own personal use. This license does not
include: (a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the Service nor
any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by Flingmix. A
limited exception to (b) is provided to general purpose internet search engines
and non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Service, provided they
each do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "General purpose
internet search engine" does not include a website or search engine or
other service that specializes in classified listings or in any subset of
classifieds listings such as jobs, housing, for sale, services, or personals,
or which is in the business of providing classified ad listing services.
12.2. Flingmix permits you to display on your website, or
create a hyperlink on your website to, individual postings on the Service so
long as such use is for noncommercial and/or news reporting purposes only
(e.g., for use in personal web blogs or personal online media). If the total
number of such postings displayed or linked to on your website exceeds one
hundred (100) postings, your use will be presumed to be in violation of the TERMS
OF USE, absent express permission granted by Flingmix to do so. You may also
create a hyperlink to the home page of Flingmix sites so long as the link does
not portray Flingmix, its employees, or its affiliates in a false, misleading,
derogatory, or otherwise offensive matter.
12.3. Flingmix offers various parts of the Service in RSS
format so that users can embed individual feeds into a personal website or
blog, or view postings through third party software news aggregators. Flingmix
permits you to display, excerpt from, and link to the RSS feeds on your
personal website or personal web blog, provided that (a) your use of the RSS
feed is for personal, non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS feed,
proper attribution to 'Flingmix' as the source, (d) your use or display does
not suggest that Flingmix promotes or endorses any third party causes, ideas,
web sites, products or services, (e) you do not redistribute the RSS feed, and
(f) your use does not overburden Flingmix's systems. Flingmix reserves all
rights in the content of the RSS feeds and may terminate any RSS feed at any
time.
12.4. Use of the Service beyond the scope of authorized
access granted to you by Flingmix immediately terminates said permission or
license. In order to collect, aggregate, copy, duplicate, display or make
derivative use of the Service or any Content made available via the Service for
other purposes (including commercial purposes) not stated herein, you must
first obtain a license from Flingmix.
13. No Representation, Guarantee Or Warranty That Website Or Content
Associated Therewith Is Free Of Harmful Or Malicious Code
13.1. You understand that neither Company, Website
affiliates nor any Website Content Providers represent, guarantee or warrant
that either the Website or any Content or any other files You may access at, in
or through, or download from the Website any Website linked to Website or any
affiliated website will be free of viruses, worms, Trojan horses or other code
that may manifest contaminating or destructive properties (“Harmful Code”).
13.2. You are responsible for implementing sufficient
procedures and checkpoints to satisfy Your particular requirements for accuracy
of data input and output, protection of Your computer(s) and for maintaining a
means of reconstructing data that You might lose because of Harmful Code.
Neither the Company, Website affiliates nor any Website Content Providers
assume any responsibility or risk associated with the possibility of damage to
Your computer(s) or any other devices through Your use of the Website or any
Content or other materials You may obtain in association therewith.
14. Disclaimers; No Warranties; Your Use of This Site Is At Your Own Risk.
14.1. You hereby agree that the use of the all materials,
features, functions and all other goods and services provided to You by the
Company, and the use of any and all Content provided by Website Content
Providers and affiliates are provided to You on an “as is” basis, without
warranties of any kind, including, without limitation, warranties regarding the
availability, accuracy, or content of materials, information, product or
services, or warranties of merchantability, fitness for a particular purpose,
title or non-infringement, and Company and Website Content Providers and
affiliates expressly disclaim all such warranties. Neither the Company, Website
affiliates nor any Website Content Providers warrant that the functions of the
Website or Content provided by any of the aforementioned parties nor does the
Company warrant that any other materials available in, at, through or in
association with, the Website will be uninterrupted or error-free, or that any
discovered defects will be corrected.
14.2. Under no circumstances and under no cause of action or
legal theory, shall Company, Website affiliates, Website Content Providers or
any of the Company’s suppliers, licensees, resellers, affiliates or their
suppliers, licensees or resellers be liable to You or any other person for any
indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages resulting
from any viruses, worms, Trojan Horses or other destructive software or
materials, or communications by You or other users of the Website, or from any
use of Content or any use of the Website whatsoever. This disclaimer of
warranty constitutes an essential part of this Agreement. Some states do not
allow exclusions of an implied warranty, so if for any reasons the choice of
law provisions of this Agreement are deemed not to apply to this Paragraph,
this disclaimer may not apply to You and You may have other legal rights that
vary from state to state or by jurisdiction.
15. TERMINATION OF SERVICE
15.1. You agree that Flingmix, in its sole discretion, has
the right (but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and remove and
discard any Content within the Service, for any reason, including, without
limitation, if Flingmix believes that you have acted inconsistently with the
letter or spirit of the TERMS OF USE. Further, you agree that Flingmix shall
not be liable to you or any third-party for any termination of your access to
the Service. Further, you agree not to attempt to use the Service after said
termination.
16. DISCLAIMER OF WARRANTIES
16.1. YOU AGREE THAT USE OF THE FLINGMIX SITE AND THE
SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FLINGMIX SITE AND THE SERVICE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FLINGMIX
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE FLINGMIX SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, FLINGMIX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE FLINGMIX SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE FLINGMIX SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, FLINGMIX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE FLINGMIX SITE OR THE SERVICE. Some
jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to you insofar
as they relate to implied warranties.
17. LIMITATIONS OF LIABILITY
17.1. UNDER NO CIRCUMSTANCES SHALL FLINGMIX BE LIABLE FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF FLINGMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM ANY ASPECT OF YOUR USE OF THE FLINGMIX SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE FLINGMIX SITE OR THE SERVICE, FROM
INABILITY TO USE THE FLINGMIX SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FLINGMIX SITE OR
THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE FLINGMIX SITE OR THE SERVICE OR ANY LINKS ON THE FLINGMIX
SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE FLINGMIX SITE OR THE SERVICE OR ANY LINKS ON
THE FLINGMIX SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. In some jurisdictions, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not apply to you.
18. INDEMNITY
18.1. You agree to indemnify and hold Flingmix, its
officers, subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any claim or
demand, including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make available
through the Service, your use of the Service, your violation of the TERMS OF
USE, your breach of any of the representations and warranties herein, or your
violation of any rights of another.
