|Please read the following terms and conditions ("Terms") carefully. By using this Web site ("Web site"), you ("You") acknowledge that You have read the Terms and that You accept and will be bound by the Terms, which may be modified by Cinevate from time to time and re-posted on this Web site. If You do not agree to the Terms, You shall immediately cease using the Web site.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER CINEVATE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, CIVIL LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
IN NO EVENT WILL CINEVATE OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING THE WEB SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, EVEN IF CINEVATE IS ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL INFORMATION ON THE WEB SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, CINEVATE, ITS AFFILIATES, AND ITS THIRD-PARTY LICENSORS SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR PUNITIVE OR CONSEQUENTIAL DAMAGES. NONE OF MBNA CANADA, ITS AFFILIATES, AND ITS THIRD-PARTY LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THE INFORMATION.
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE WEB SITE DO NOT IMPLY CINEVATEs ENDORSEMENT OF SUCH PRODUCTS, SERVICES, OR PUBLICATIONS.
Indemnification by You
You hereby agree to defend, indemnify, and hold harmless Cinevate, its affiliates, third-party licensors and their respective directors, officers, employees, and agents from and against any liability, loss, claim, and expense, including legal fees and disbursements on a solicitor-client basis related to Your violation of the Terms or your use of the Web site, including the Information.