Disclaimer of warranties

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 noninfringement. 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. Your use of the service is solely at your risk.

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) 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 (registration, accounts and passwords) or (2) content posted to the service 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 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.