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Disclaimer


Disclaimer of warranties

ITKTS Interactive Technologies Pvt. Ltd. (hereinafter referred to as "KyaZoonga") provides the service on an "as is" and "as available" basis. KyaZoonga, its affiliates, agents and licensors disclaim all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, KyaZoonga does not warrant that the service will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet your requirements; or (4) operate in the configuration or with the hardware or software you use(5) contain the quality of any information which will meet your expectations. Any material, contents or information downloaded or otherwise obtained from the Site is subject to these Terms of Use and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We are not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Your use of the service is solely at your risk.

No oral or written information or advice given by a KyaZoonga representative shall create a warranty. We make no representation that any material on the Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access the Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.

Exclusion of damages

KyaZoonga, and its subsidiaries and licensors will not be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses) or any damages whatsoever that result from your use of or inability to use the service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if KyaZoonga has been advised of the possibility of such damage. Without limiting the foregoing, KyaZoonga will not be liable for any loss or damage arising out of (1) your failure to comply with Section 3 of the Terms of Use (registration, accounts and passwords) or Section 2 of the Terms of Use (Permitted Content) by you or any third party.

Limitation on liability

In no event will KyaZoonga's liability to you in connection with the service or these Terms of Use exceed the amount paid by you to KyaZoonga in the six months immediately preceding the date of the event which gave rise to the liability.

Applicability of disclaimers, exclusions and limits

Because some jurisdictions do not allow for the exclusion of damages, KyaZoonga's liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. In addition, because some jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set forth in section 10 may not apply to you.

Third-party web sites

The third-party web sites linked to or from the service are not controlled by KyaZoonga. Accordingly, KyaZoonga makes no warranties or conditions regarding such third-party web sites and will not be liable for any loss or damage caused by your use of or reliance on such web sites. Your use of third-party web sites is at your own risk. The inclusion on the service of a link to a third-party web site does not imply an endorsement by KyaZoonga.

Acknowledgment

KyaZoonga's disclaimer and limited liability as set out in these Terms of Use are fundamental elements of the basis of the Services to be provided to you by us. You agree that we would not otherwise be able to offer Services on its present basis without such limitations. This clause shall survive any termination of these Terms of Use.