If you do not agree to these Terms, do not access or otherwise use our Site or any of the Materials contained on this Site.
Certain information, content, demo software and services may be made available on and through our Site (together, the “Materials”). Some of these items may be provided under the terms of a separate agreement with Fluxx. For those Materials not otherwise covered by another agreement, Fluxx grants you permission to temporarily download and view Materials from this Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (i) modify or copy the Materials; (ii) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on Fluxx’s Site; (iv) remove any copyright or other proprietary notations from the Materials; or (v) transfer the Materials to another person or “mirror” the Materials on any other server. You acknowledge and agree that you are responsible for compliance with all applicable laws and regulations in your use of the Materials and this Site.
The Materials contained in this Site are protected by applicable copyright and trademark law, and Fluxx (and our licensors) remain the sole owner of all right, title, and interest in such Materials and the Site. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials.
Either party may stop providing or using the Site at any time. These Terms shall automatically terminate if you violate any of these Terms. Upon terminating your viewing of these Materials or upon termination of these Terms, you must destroy any downloaded Materials in your possession whether in electronic or printed format. Sections 3, 4, 5, 6, 7 and 11 shall survive any termination of these Terms.
Fluxx does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Site or otherwise relating to such Materials or on any other sites linked to this Site. ALL MATERIALS AND THIS SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, AND FLUXX EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE MATERIALS AND FLUXX’S SITE, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT.
IN NO EVENT SHALL FLUXX, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR FLUXX’S SITE, EVEN IF FLUXX OR A FLUXX AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE AGGREGATE LIABILITY OF FLUXX, ITS AFFILIATES AND SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL BE LIMITED TO US $100.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
The Materials appearing on Fluxx’s Site could include technical, typographical, or photographic errors. Fluxx does not warrant that any of the Materials on its Site are accurate, complete, or current. Fluxx may make changes to the Materials or the Site at any time without notice. Fluxx does not, however, make any commitment to update the Materials.
Our Site may be linked to other websites that are not Fluxx sites. Fluxx is providing these links to you only as a convenience. Fluxx has not reviewed all of the websites linked to its Site and is not responsible for the contents of or your use of any such linked website. The inclusion of any link does not imply endorsement by Fluxx of the third-party site. With respect to data privacy practices of these third-party websites, you understand and agree that Fluxx has no control over such third-party data privacy practices and that you are fully responsible for reviewing their applicable privacy policies. You agree that your use of any such linked web site is at your own risk.
Fluxx may revise these Terms at any time without notice. By continuing to access and use this Site you are agreeing to be bound by the then current version of these Terms.
THESE TERMS AND ANY CLAIM RELATING TO THIS SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.
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