Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to DeliciousSafari without obtaining prior written consent from DeliciousSafari.
Limitation on Liability. IN NO EVENT SHALL DELICIOUSSAFARI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES, EVEN IF DELICIOUSSAFARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DELICIOUSSAFARI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DELICIOUSSAFARI FOR THE DELICIOUSSAFARI PRODUCTS AND/OR SERVICES.
U.S. Export Controls. Software available in connection with the DeliciousSafari Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the DeliciousSafari Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or involving products or services offered by DeliciousSafari, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Mountain View. Either DeliciousSafari or you may demand that any dispute between DeliciousSafari and you about or involving the products or services offered by DeliciousSafari must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Mountain View, California, USA, provided that the foregoing shall not prevent DeliciousSafari from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold DeliciousSafari, its subsidiaries, its parent company, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the DeliciousSafari 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.
Other. This Agreement is accepted upon your use of any DeliciousSafari products or services and is further affirmed by you when you purchase software or services from DeliciousSafari. This Agreement constitutes the entire agreement between you and DeliciousSafari regarding the use of DeliciousSafari products and services. The failure of DeliciousSafari 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. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.