By using and/or visiting the Lafango.com community, which includes all content available through Lafango.com, you assent to the Terms and Conditions described below, including the Privacy Notice located on Lafango.com. This Terms and Conditions Agreement (also known as the Agreement and Terms of Service) is legally binding. If you do not agree or assent to any or all Terms and Conditions or the Privacy Statement, please do not register, visit, view or contribute to Lafango.com.
If you want to become a Member, communicate with other Members, and make use of Lafango.com, read this Terms and Conditions Agreement and follow the instructions in the registration process. This Agreement sets out the legally binding terms for your membership and may be modified from time to time.
When using particular functionalities and features, you may be subject to additional guidelines, terms, or rules applicable to such functionalities and features, which will be posted as they come into existence. These Terms and Conditions also dictate that you are responsible for following all guidelines, terms and rules applicable to functionalities and features made available to you through any of our partners that may not be posted here.
Lafango.com is intended solely for access and use by individuals who are fourteen (14) years of age or older. By using our services, you are certifying that you are at least fourteen years old. If you are less than fourteen years old, you must have your parent or legal guardian complete the registration process. By using the Services, 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.
When you sign up to become a Member, you will be asked to choose a username and a password for your Member profile. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member profile or access to your password. You are solely responsible for any and all use of your Member profile.
This Agreement will remain in full force and effect while you use Lafango.com or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "Help" pages, or upon receipt by Lafango.com of your written or email notice of termination. Lafango.com may terminate your membership and access to the Website at anytime for any reason. If your membership is terminated because you have breached the Agreement, you will not be entitled to a refund of any unused subscription or related fees, if any.
Lafango.com reserves the right to charge for any and all services and to change those fees at any time. If your membership is terminated due to a breach of this contract, you will not be entitled to any refund of any unused portion of subscription, fees, or related services. The current services are free for a trial period of 30 (thirty) days and fees will charged thenceforth, as per the package that you have chosen. No partial refunds are permitted. If you cancel within the free trial period, your account will not get charged.
Lafango.com owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Lafango.com, and its licensors, including other Lafango.com Members. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property. The provision of such Intellectual Property to you through the Services does not transfer to you, or any third party, any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.
Lafango.com may now or later permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Lafango.com does not guarantee any confidentiality with respect to any submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lafango.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
However, by submitting the User Submissions to Lafango.com, you hereby grant Lafango.com a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Lafango.com Website and Lafango.com's business, including without limitation for promoting and redistributing part or all of the Lafango.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Lafango.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lafango.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Lafango.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Lafango.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Lafango.com expressly disclaims any and all liability in connection with User Submissions. Lafango.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Lafango.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Lafango.com reserves the right to remove Content and User Submissions without prior notice. Lafango.com will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Lafango.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Lafango.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and agree that Lafango.com may (but is not obligated to) review any classified ads, content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Lafango.com violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant, that you have the right to grant, Lafango.com an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The following is a partial list of the kind of Content that is illegal or prohibited on the Website ("Prohibited Content"). Lafango.com reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
Your interactions with other Members in connection with the Services or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Members or the advertiser. Lafango.com will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Members use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any Member), Lafango.com is under no obligation to become involved; however, we reserve the right to monitor disputes between you and other Members.
Content from other Members, advertisers, and other third parties may be made available to you through the Services. Because we do not control such Content, we are not responsible for any such Content and we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Members, advertisers, and other third parties.
To the extent permitted under applicable laws, you hereby release Lafango.com from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services or Member, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services or Member; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Content players on account of technical problems or traffic congestion on the Internet or at any website, or combination thereof, including injury or damage to user's and/or Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services; (d) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Website and/or Members, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Website user or Member communications.
To the extent permitted under applicable laws, the services are provided "as is" and as available and Lafango.com expressly disclaims any warranty and conditions of any kind, whether expressed or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement and Lafango.com does not guarantee and does not promise (a) any specific results from the use of the services; (b) that the services will meet your requirements; (c) that the services will be available on an uninterrupted, timely, secure, or error-free basis; or (d) the results that may be obtained from the use of the services will be accurate or reliable. Lafango.com does not assume any obligation to monitor activities on the service.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Any software provided by Lafango.com through the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws and principles that may provide the application of the law of another jurisdiction. You and Lafango.com agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Trenton, NJ (USA) and the federal courts located in the State of New Jersey (USA) in such legal action or proceeding. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) all arbitration proceedings shall be held in English, or any other language the parties may mutually agree upon; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Lafango.com may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from New Jersey law. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services.
The communications between you and Lafango.com use electronic means, whether you visit the Website or send us emails, or whether Lafango.com posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Lafango.com in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lafango.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your non-waivable rights.
You agree to indemnify and hold Lafango.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement contains the entire agreement between you and Lafango.com regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement and a third party (including another Member) who is not a party to this Agreement has no right to enforce any term of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Lafango.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
©2008 - 2017, Lafango.com. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
Lafango.com owns and retains all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information ("Intellectual Property") of Lafango.com, and its licensors, including other Lafango.com Members. Except for Intellectual Property, which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any Content and material included therein.
"Personal Information" is information about you that is personally identifiable to you, like your name, address, email address, or phone number, as well as other non-public information that is associated with the foregoing.
We collect Personal Information that you submit to us voluntarily through our Website.
When you register for the Lafango.com network, we will collect your name, email address, gender, date of birth and ZIP code.
When you save other Personal Information in your profile we will collect any such information you enter.
When you enter Personal Information throughout the Lafango.com network using one of the features of the Lafango.com network, such as journals, testimonials, groups, or message boards, we will collect any such information you enter ("Publicly Posted Information").
When you contact us by sending us an email, we will collect your email addresses and any information contained in the email you send us.
When you use Lafango.com, you may form relationships, send messages, perform searches, form groups, set up events, respond to job postings and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it. Once you register with Lafango.com and sign in to our services, you are not anonymous to us. If you are browsing the Website without registering with Lafango.com, you are anonymous to us, but we will collect the information listed below under Personal Information Collected Via Technology.
Any visitor of the Lafango.com website can view your profile information and photos that you have uploaded to the Lafango.com community. You can control what parts of your profile information and photos are visible to visitors of the Lafango.com website and which network of Lafango.com members can see what information.
To provide you with some of the features that the Lafango.com community offers to its members, we may use Personal Information that is stored in your profile after you have requested such features, such as sending invitation emails to people that you specified as being interested in joining the Lafango.com community. In order to provide useful information about social networks to people who might be interested in joining the Lafango.com community, we may use your profile information and photos on the Lafango.com website when we send emails or when we send general newsletters to members of the Lafango.com community. When you decide to view a member's profile, we may show that Lafango.com member that you chose to view their profile.
If you decide to use certain features of the Lafango.com network (like journals, blogs, groups, message boards and the like), some of the Personal Information you entered into your Lafango.com profile and any information, including Personal Information, that you enter using one of these features, might be used and displayed.
If you choose to use our invitation service to tell a friend about our site, we will ask you for your friend's email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Lafango.com stores this information to send this one-time email, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us to request that we remove this information from our database.
Lafango.com may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the Lafango.com service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience. Lafango.com members can use the search feature to search for other members by different criteria, like location or gender. The Personal Information that Lafango.com members enter into the Lafango.com profile will be used for these searches. Please be aware that any information that is publicly posted throughout the Lafango.com network can be accessed by every visitor of the Website.
Lafango.com may analyze any collected information for its own internal purposes. In addition, Lafango.com may remove personally identifying information from collected information to render it anonymous. Lafango.com may use Anonymous Information for any purpose and disclose Anonymous Information in its discretion.
We provide your Personal Information to third party service providers who work on behalf of or with Lafango.com under confidentiality agreements to provide some of the services and features of the Lafango.com community and to help us communicate with Lafango.com members. These service providers may use your personal information to help Lafango.com communicate with you about offers from Lafango.com and our marketing partners. However, these service providers do not have any independent right to share this information.
If you decide to use one of the additional services that are offered by our partners, such as the email finder service, we may forward Personal Information to these partners to enable them to provide the services that you requested.
We also provide information to third-party advertising companies, as described in the next section. Please be aware that the handling of your Personal Information by our partners, or the third-party advertising companies, is governed by their privacy policies, not ours.
If you would like to know (1) the categories of Personal Information about you that we disclosed in the prior calendar year to third parties for the purposes of the third parties marketing and/or (2) the names and addresses of such third parties, please contact us.
We may use third-party advertising companies to serve advertisements when you visit our Website. These companies may use Personal Information, such as gender or age, and other information (not including your name, address, email address or telephone number) about your visits to this and other websites, such as time of day of the login, IP address or information about the internet service provider (ISP), in order to provide advertisements on the Website about goods and services that may be of interest to you.
If you search the Lafango.com community by using a toolbar that Lafango.com, or a third party, provides, we may collect Anonymous Information about you automatically, but we will not collect Personal Information.
An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track your IP Address when you login to the Website.
"Cookies" are small pieces of information that a web site sends to your computer's hard drive while you are viewing a web site. Lafango.com may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website. Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, some areas of the Website may not work properly.
Other third parties may place advertisements and cookies on web pages within the Lafango.com network. Other companies' use of their cookies is subject to their own privacy policies, not this one.
We reserve the right to send you certain communications relating to the Lafango.com service, such as service announcements, administrative messages and the Lafango.com Newsletter, that are considered part of your Lafango.com account. If you would like to opt out of receiving certain messages, or if you would like to delete your account, please contact us.
We limit access to personal information about you to employees and third parties who we reasonably believe need access to that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards to protect personal information about you. Your Lafango.com account information is protected by a password that you select. Lafango.com uses industry-standard SSL encryption in certain areas of the Website to protect data transmissions. However, no company, including Lafango.com, can fully eliminate security risks associated with Personal Information.
We do not intentionally gather Personal Information about visitors who are under the age of 14. If you are under 14, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 14 is allowed to provide any personal information to or on Lafango.com. In the event that we learn that we have collected personal information from a child under age 14, we will delete that information as quickly as possible.
Lafango.com may update this policy from time to time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the primary email address specified in your Lafango.com account or by placing a prominent notice on our Website. If you object to any such changes, you must cease using our Website. Continued use of our Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The work (as defined below) is provided under the terms of this Creative Commons Public License ("CCPL" or "License"). The work is protected by copyright and/or other applicable law. Any use of the work other than as authorized under this license or copyright law is prohibited.
By exercising any rights to the work provided here, you accept and agree to be bound by the terms of this license. To the extent this license may be considered to be a contract, the licensor grants you the rights contained here in consideration of your acceptance of such terms and conditions.
"Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
"Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(g) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
"Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
"License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.
"Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
"Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
"Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
"Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
"Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights described in Section 4(e).
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
Unless otherwise mutually agreed to by the parties in writing and to the fullest extent permitted by applicable law, licensor offers th ework as-is and makes no representations or warranties of any kind concering the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Except to the extent required by applicable law, in no event will licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the work, even if licensor has been advised of the possibility of such damages.