These Terms of Service govern the relationship between you and Sharatuja. and serve as a legally binding agreement between you and us and sets out the terms on which you may access and use the websites operated at www. smokingguninc.com, Sharatuja, forums moderated by us relating to our products and services, and other locations from time to time the video game titled any other applications or other software that we provide to you through the Website.
You agree to defend, indemnify and hold harmless, at your own expense, Smoke Gun, our parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, suppliers and consultants, from and against any and all claims, liabilities, costs, fines, penalties and expenses, including legal fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account , of any applicable obligation, representation or warranty under these Terms; (ii) our use or publication of your User Submissions or Feedback infringes the intellectual property rights of any third party; (iii) your access to or use of, or activities in connection with, the Service; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation by you. You will cooperate as fully required by us in the defense of any claims and losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay all claims and losses. We reserve the right, at our own expense, to assume the exclusive defense and control of any claims and losses. You will not settle claims and losses without, in each case, our prior written consent or the consent of a person whom we authorize in writing to approve such settlement.
Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the below disclaimers, exclusions, or limitations in this section may not apply to you, and you may have additional rights. Nothing in these terms is intended to exclude or limit any condition, warranty, right or liability which cannot legally be excluded or limited. However, to the maximum extent permitted by applicable law, you agree that these provisions are intended to apply to you.
Nothing in these terms shall exclude or limit our liability for losses which cannot lawfully be excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the above paragraph, we will not be liable to you for: (I) any loss of profits (whether directly or indirectly incurred); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity or business; (iv) any loss of data you suffer; (v) any interruption of business; or (vi) any indirect or consequential losses you may incur.