Commence with the Legal Jargon!
PLEASE READ THIS CONTRACT CAREFULLY. THE SERVICES AND MATERIALS OFFERED THROUGH OR IN ASSOCIATION WITH THE ONLINE SERVICES FEATURE OFFERED BY staffITnow (the "Services and Materials") ARE OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE ONLINE SERVICES FEATURE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, THE LIMITATIONS ON USE, LIABILITY AND WARRANTY SET FORTH BELOW.
You hereby grant staffITnow, its affiliates and sub-licensees the right to copy, display, transmit, modify and distribute the files you upload containing images, photographs, software or other materials, only for the purpose of operating the Online Services feature. You warrant and represent that (a) you are the copyright owner of such files or the copyright owner of such files has granted you permission to use such files and any content and/or images contained in such files consistent with the manner of your and your licensees' use, (b) you have the rights necessary to grant the licenses and sublicenses described herein and (c) each person depicted in such files has provided consent to the use of the files consistent with the manner of your and your licensees' use.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND staffITnow OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, AND EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE ONLINE SERVICES FEATURE, AND ALL MATERIALS AND SERVICES OFFERED THROUGH OR IN ASSOCIATION WITH SUCH FEATURE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, staffITnow AND ITS SUPPLIERS MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS OR THE SERVICES AND MATERIALS WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN ANY SOFTWARE OBTAINED FROM OR USED THROUGH THE SERVICES AND MATERIALS, OR ANY DEFECTS IN THE SERVICES AND MATERIALS, WILL BE CORRECTED.
THE ONLINE SERVICES FEATURE AND THE SERVICES AND MATERIALS COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. staffITnow MAY MAKE CHANGES TO THE ONLINE SERVICES FEATURE AND THE SERVICES AND MATERIALS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE SERVICES AND MATERIALS MAY BE OUT OF DATE, AND staffITnow MAKES NO COMMITMENT TO UPDATE SUCH SERVICES OR MATERIALS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) staffITnow DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, (ii) staffITnow MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK AND (iv) staffITnow WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, WILL staffITnow, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT staffITnow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE ONLINE SERVICES FEATURE OR THE MATERIALS AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE ONLINE SERVICES FEATURE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE ONLINE SERVICES FEATURE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THE ONLINE SERVICES FEATURE.
staffITnow WILL HAVE NO LIABILITY RELATED TO YOUR FILES CONTAINING IMAGES, PHOTOGRAPHS, SOFTWARE OR OTHER MATERIALS ARISING UNDER LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY OR OTHERWISE. staffITnow ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF SUCH FILES.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.