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You may use the Websites for lawful purposes only. You may not post or transmit through the Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. 239Creative will fully cooperate with any law enforcement authorities or court order requesting or directing 239Creative to disclose the identity of anyone posting such information or materials.
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239Creative does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Websites for the reconstruction of any lost data. 239Creative does not assume any responsibility or risk for your use of the Internet.
6. Limitation of Liability. 239CREATIVE, THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “COMPANIES AND THEIR AFFILIATES”), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOST PROFITS OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE WEBSITES, CONTENTS OR INABILITY TO USE THE WEBSITES OR OTHERWISE ARISING IN CONNECTION WITH THESE WEBSITES, EVEN IF 239CREATIVE AND THEIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 239CREATIVE AND THEIR AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO 239CREATIVE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR IF YOU HAVEN’T MADE ANY PAYMENTS TO 239CREATIVE, THEN THE LIABILITY OF 239CREATIVE AND THEIR AFFILIATES SHALL NOT EXCEED $100.00. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to You.
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8. Links. These Websites may contain hyperlinks to websites operated by third parties other than 239Creative. Such hyperlinks are provided for your references only. 239Creative does not control such third party websites and are not responsible for their contents or the products and services offered on the third party websites. 239Creative’s inclusion of the hyperlinks to such websites does not imply any endorsement of the material on such website or any association with their operators. Operators of other websites may not maintain links to the Websites without 239Creative’ express prior written consent. 239Creative reserves the right to prohibit other websites from linking to the Websites.