(Effective as of October 23, 2015)
2. ABOUT THE SERVICE
Social Cub is a website and interactive platform targeting parents and children ages 0 to 10 years of age. We want to provide a safe and trusted community for parents to easily view and access playdates and events. Parents will be able to find parents based on similar interests, age of child, and location. We seek to simplify the process for parents to meet their counterparts and are dedicated to providing a reliable service for our audience.
3. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 18 years old, a parent, and a resident of the United States to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Social Cub Web Site & blog, you warrant to Social Cub that you will not use the Social Cub Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Social Cub Web Site in any manner which could damage, disable, overburden, or impair the Social Cub Web Site or interfere with any other 2 party’s use and enjoyment of the Social Cub Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Social Cub Web Sites.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
a) use the service for any unlawful purpose or for the promotion of illegal activities;
b) attempt to, or harass, abuse or harm another person or group;
c) use another user’s account without permission;
d) provide false or inaccurate information when registering an account;
e) interfere or attempt to interfere with the proper functioning of the Service;
f) make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
g) bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
h) publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
5. USE OF COMMUNICATION SERVICES
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
The SocialCub Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service 3
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree (by way of example and not as a limitation) as follows: You will not
a) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
b) Post information that is malicious, false or inaccurate;
c) Submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
d) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
e) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
f) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
g) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
h) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
i) Conduct or forward surveys, contests, pyramid schemes or chain letters;
j) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
k) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
l) Restrict or inhibit any other user from using and enjoying the Communication Services;
m) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
n) Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
o) Violate any applicable laws or regulations; and
You hereby affirm we have the sole right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
SocialCub has no obligation to monitor the Communication Services. However, SocialCub reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SocialCub reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 4
SocialCub reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Atlanta Chapter of Jack and Jill of America’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SocialCub does not control or endorse the content, messages or information found in any Communication Service and, therefore, SocialCub specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SocialCub spokespersons, and their views do not necessarily reflect those of SocialCub.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
6. MATERIALS PROVIDED TO SOCIALCUB OR POSTED AT ANY SOCIALCUB WEB SITE
SocialCub does not claim ownership of the materials you provide to SocialCub (including feedback and suggestions) or post, upload, input or submit to any SocialCub Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SocialCub, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SocialCub is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Social Cub’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
7. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no 5
circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
8. LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
9. COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SocialCub Web Site are: Copyright 2015 by Cub Den, LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
10. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at: The Joslyn Jackson Law Firm, PMB 251, 1750 Powder Springs Road, Suite 190, Powder Springs Road, Marietta, GA 30064
a. The date of your notification;
b. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
c. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
d. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
e. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
f. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
a. Your physical or electronic signature;
b. A description of the content that has been removed and the location at which the content appeared before it was removed;
c. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
d. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
11. LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
12. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
13. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org or mail to the following postal address: 3535 Peachtree Road, NE, Suite 520, #315, Atlanta, GA 30326.
14. CUSTOMER SUPPORT E-MAIL ADDRESS
Opting out may prevent you from receiving messages regarding the Company or special offers.
15. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
16. LIMITATION OF DAMAGES; RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIALCUB AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOCIALCUB WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SOCIALCUB WEB SITE OR RELATED SERVICES, THE PROVISION OF OR 9
17. TERMINATION/ACCESS RESTRICTION
SocialCub reserves the right, in its sole discretion, to terminate your access to the SocialCub Web Site and the related services or any portion thereof at any time, without notice.
to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
19. GENERAL TERMS
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, GA, U.S.A. in all disputes arising out of or relating to the use of the SocialCub Web Site. Use of the SocialCub Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SocialCub as a result of this agreement or use of the SocialCub Web Site. SocialCub ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SocialCub ‘s right to comply with 10
governmental, court and law enforcement requests or requirements relating to your use of the SocialCub Web Site or information provided to or gathered by SocialCub with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SocialCub with respect to the SocialCub Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SocialCub with respect to the SocialCub Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Description of Services
The following terms and conditions (the “Agreement”) form a binding agreement between you and Cub Den, LLC. which is referred to as “Social Cub“, “we,” “us” or “our.” Please review the following terms carefully. By using the Site or any Social Cub Services, you are agreeing to these terms, and all of these terms will govern your use of the Site and our Services. The term “you” or “Cubpanion” or “Parent” or “User” refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.
Social Cub is an online community for people to find local events/socials (the “Services”) that meet theirs and their kids interests through our website located at http://www.socialcub.com and www.socialcub.com and other online areas owned or operated by us, such as our Facebook, Instagram, Twitter and mobile phone applications (the “Site”). The Services also include the opportunity for you to purchase tickets to socials (as described below) for the products and services of third party merchants. The Services and Site are collectively referred to here as “Social Cub.”
Conditional Use of Our Site and Services
Your permission to use Social Cub is conditioned upon your agreement that you:
- will comply with these Terms of Service;
- will not copy or distribute any part of Social Cub in any medium without Social Cub’s prior written authorization;
- will provide accurate information when registering for our Services;
- will not use Social Cub to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on Social Cub for any commercial solicitation purposes;
Terms of Sale
- How It Works
By placing an order for a given social, you make an offer to purchase the social you have selected on the terms, restrictions and conditions associated with the social. Once you’ve placed your order, you will receive a confirmation of the social and your Reservation. Your credit card will be charged for the amount of the social. We will notify you by email when the social is to be used.
- Expiration Dates
The expiration date for a social and Reservation is at the purchased event time and day.
- Social Specific Terms
Each social has specific terms associated with the social, which will be presented to you at the time you commit to purchase the particular social. Social specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
- General Terms
Unless otherwise stated in the Social or required by law, the following additional terms apply to all Vouchers:
o no cash value for any Social
o no cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law,
o Socials cannot be combined with any other coupons or promotions unless otherwise noted in the Reservation,
o Socials cannot be used for taxes, tips, prior balances, shipping or handling, as applicable,
o neither Social Cub nor the Merchant is responsible for lost or stolen Socials or Social reference numbers,
o duplicate use, sale or trade of a Social is prohibited, except as required by law,
- Promotions of Socials
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Socials or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
- Products Available for Sale
You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Social Cub reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. Social Cub does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
Social Cub will provide refunds within the first 48 hours of purchase through contacting email@example.com.
Links to Third Party Sites
Social Cub may contain links to third party websites that are not owned, operated, or controlled by Social Cub. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Social Cub you expressly relieve us from any and all liability arising from your use of any third party website.
Disclaimer Of Warranties
THIS SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SOCIAL CUB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation Of Liability
IN NO EVENT WILL SOCIAL CUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF SOCIAL CUB OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SOCIAL CUB’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon request by Social Cub, you agree to defend, indemnify, and hold Social Cub its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.