requested information, the Visitor shall be deemed to have appointed the Company and its
agents as his agent for this purpose.
16. INDEMNIFICATION
The Visitor agrees to indemnify, defend and hold harmless the Company, its affiliates, group
companies and their directors, officers, employees, agents, third party service providers, and
any other third party providing any service to the Company in relation to the Services
whether directly or indirectly, from and against any and all losses, liabilities, claims, damages,
costs and expenses (including legal fees and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by the Company that arise out of,
result from, or may be payable by virtue of, any breach or non-performance of any terms of
the Terms including any representation, warranty, covenant or agreement made or obligation
to be performed by the Visitor pursuant to the Terms.
17. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
(a) The Visitor understands and expressly agrees that to the extent permitted under
Applicable Laws, in no event will the Company or any of its affiliates or group
companies or any of their respective officers, employees, directors, shareholders, agents,
or licensors be liable to you or anyone else under any theory of liability (whether in
contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss of
revenues, profits, goodwill, use, data or other intangible losses (even if such parties were
advised of, knew of or should have known of the possibility of such damages), resulting
from the Visitor’s use (or the use of anyone using an account registered to the Visitor) of
the Platform or any parts thereof.
(b) The Services provided by the Company are ‘as is’, and the Company does not provide
any warranties in relation to the Services. The Company does not guarantee that the
Services shall meet the Visitor’s requirements, or shall be free of error, and interruptions.
The Company does not guarantee that the Services shall be accessible at all times.
(c) Notwithstanding anything to the contrary herein, the Visitor hereby irrevocably waives
any right or remedy to seek and/or obtain injunctive or other equitable relief or any
order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the
production, distribution, exhibition or other exploitation of any the Company or any of
its affiliate or group company related project, or the use, publication or dissemination of
any advertising in connection with such project.
(d) The Visitor’s sole and exclusive remedy for any dispute with the Company shall be to
discontinue the use of the Platform and the Services. In any event, the liability of the
Company for any and all claims relating to the Services/Platform shall not exceed the
total payments that may have been made by the Visitor in the past 6 (six) months
immediately preceding the event giving rise to the dispute.
18. FORCE MAJEURE
The Company shall not be liable for any failure to perform any of its obligations under the
Terms or provide the Services or any part thereof if the performance is prevented, hindered or
delayed by a Force Majeure Event (defined below) and in such case its obligations shall be
suspended for so long as the Force Majeure Event continues.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of
any Party, including, without limitation, unavailability of any communication system, breach
or virus in the systems, fire, pandemic, flood, explosion, acts of God, civil commotion, riots,
insurrection, war, acts of government.