2. Additional Terms and Conditions; Other Agreements. All terms and conditions provided to you by us at the time you subscribe to a service or order a product are hereby incorporated by reference herein and shall have the full force and effect as if set forth herein in full. Use of this Site to access these services constitutes your acknowledgment of and agreement to said disclosures. Moreover, particular services, products, and/or information you access through this Site may be subject to additional terms and conditions of third parties that may appear on this Site or on other web sites or on other materials. You expressly agree to be bound by the terms and conditions associated with those services, products, and/or information, in addition to those found in this Agreement.
3. Intellectual Property Rights. You hereby acknowledge and agree that as between you and our site, we exclusively own all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within the Site and related to the Site collectively “Materials” , and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on the Site does not constitute a waiver of any of Permission Interactive’s rights in such Materials.
4. Limited Right to Use. You may use this Site solely for your own personal use and not for republication, distribution, assignment, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, now known or hereafter devised, other than for your personal use but not for resale.
5. Indemnity. You agree to indemnify, defend and hold us and each of our officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns collectively “Affiliated Parties” from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to a. your breach or violation of this Agreement, b. your use of the Site, c. any transactions or other activities you engage in with any third party service providers, third party merchant sites ”Merchants” , or other third parties who are part of our affiliate program or who you access by or through this Site, d. your infringement or violation of the intellectual property or other rights of third parties, and/or e. your negligence or willful misconduct. In the event, you fail to promptly indemnify and defend such claims and/or pay us expenses , as provided above, we shall have the right to defend ourselves, and in that case, you shall reimburse us for all reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty 30 days of each of our written requests.
6. No Warranty. ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE . YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED OR PURCHASES OF PRODUCTS VIA THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
7. Disclaimer and Limits. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, THIS SITE,. OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. NOR SHALL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE STRICT LIABILITY OR OTHERWISE, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, SERVICES, OR INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THIS USE OF THE SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
9. Miscellaneous. This Site excluding linked sites is controlled by Incentivizer.io from its offices within the State of New York, United States of America. Both parties agree that this Agreement shall be deemed executed and performed by both parties in New York, Nee York. This Agreement shall be interpreted and enforced according to the substantive laws of the State of New York, without application of its conflicts or choice of law rules. Both you and Incentivizer irrevocably submit to the jurisdiction of the state and/or federal courts located in New York, New York for any action or proceeding regarding this Agreement, and waive any right to assert the doctrine of forum non conveniens or otherwise object to the jurisdiction or venue of the courts in New York, New York. We make no representation that materials on the Site are appropriate or available for use in any specific location, and accessing them from territories where their contents are illegal is prohibited. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.