Limitation of Liability
THE PERFORMANCE OF THE SERVICES PROVIDED BY SONG.ONE ↗, ITS USE, AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SONG.ONE ↗ MAKES NO WARRANTIES (INCLUDING WITH RESPECT TO THE SERVICES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. SONG.ONE ↗ DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES AND/OR CONTENT; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES. SONG.ONE ↗ DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES, OR ABILITY TO CONVERT THE RESPONSES INTO SALES. SONG.ONE ↗ DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. ALL ORDERS ARE CONTINGENT UPON SONG.ONE ↗’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS, AND SONG.ONE ↗ IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. SONG.ONE ↗ WILL USE DILIGENT EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.
SONG.ONE ↗ SHALL NOT BE LIABLE FOR ANY PUNITIVE DAMAGES OR INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME, AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THEIR POSSIBILITY. SONG.ONE ↗’S TOTAL OBLIGATIONS AND/OR LIABILITY, IF ANY, HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID TO IT FOR THE CAMPAIGN IN QUESTION.
Without derogating from the foregoing, SONG.ONE ↗ shall not be subject to any liability whatsoever for (1) delays in delivery and/or non-delivery of a Component, including without limitation difficulties with a customer or other third party, difficulties with a third-party server, or electronic malfunction; and (2) errors in content or omissions of any kind.
In addition to the foregoing, SONG.ONE ↗ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to or alteration of any content. SONG.ONE ↗ is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. UNDER NO CIRC UMSTANCES SHALL SONG.ONE ↗ BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE OR IN CONNECTION WITH ANY CAMPAIGNS.
Modifications
SONG.ONE ↗ reserves the right to change any of these TOU at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change. A notice with respect to any change will appear on the SONG.ONE ↗ website.
Waiver; Severability; Assignment; Relationship
The waiver by either party of a breach or right under the TOU will not constitute a waiver of any other or subsequent breach or right. If any provision of the TOU is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the TOU, which will remain in full force and effect. Customer may not resell, assign, or transfer any of its rights hereunder (including without limitation advertisement or promotion space) without the express prior written consent of SONG.ONE ↗. Any attempt by Customer to resell, assign, or transfer such rights shall result in immediate and automatic termination of the TOU without liability to SONG.ONE ↗. SONG.ONE ↗ may assign any of its rights and obligations under the TOU to a third party without the Customer’s consent. The relationship of the parties is and at all times shall remain one of independent contractors. Neither party is in any way a partner, joint venturer, affiliate, agent, or representative of the other for any purpose whatsoever, nor does either party have the legal right or authority to make any representation, warranty, promise, guaranty, or agreement in the name of or for the account of the other under the TOU, except as otherwise expressly authorized by a party under the TOU. These TOU set forth the entire agreement between the parties and supersede any prior proposal, agreement, or representation between the parties, written or oral, regarding the subject matter contained herein. The TOU shall be governed by and construed under the laws of the state of Israel without regard to conflict of laws principles. Any action to be brought in connection with these TOU or the Services shall be brought exclusively in the courts in Tel Aviv-Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against SONG.ONE ↗ must be brought within one (1) year of the date such cause of action arose.
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