Member
Connect Terms of Use Agreement
Welcome to Member Connect, the email communication service
for Space City Mixer members, operated by Space City Mixer
Inc.("SCM"). By using the Space City Mixer.com
Website, (the "Website") you agree to be bound
by these Terms of Use (this "Agreement"), whether
or not you register as a member of Space City Mixer Inc.
("Member"). If you wish to become a Member and
make use of the Member Connect service (the "Service"),
please read these Terms of Use. If you object to anything
in this Agreement or the SCM Privacy Policy, do not use the
Website or the Service. The Terms of Use are subject to change
by SCM at any time, effective upon posting on the SCM website,
and your use of the Service after such posting will constitute
acceptance by you of such changes.
1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement. This Agreement is an electronic
contract that sets out the legally binding terms of your
use of the Website and your membership in the Service. This
Agreement may be modified by SCM from time to time, such
modifications to be effective upon posting by SCM on the
Website. This Agreement includes SCM's Acceptable Use Policy
for Content Posted on the Website, SCM's Privacy Policy,
SCM’s subscription policies and any notices regarding
the Website. By accessing the Website or becoming a Member,
you accept this Agreement and agree to the terms, conditions
and notices contained or referenced herein.
b. Electronic Form. By accessing the Website or becoming
a Member, you consent to have this Agreement provided to
you in electronic form.
c. Non-electronic Copy. You have the right to receive this
Agreement in non-electronic form. You may request a non-electronic
copy of this Agreement either before or after you electronically
sign the Agreement. To receive a non-electronic copy of this
Agreement, please send an e-mail to staff@spacecitymixer.com
or a letter and self-addressed stamped envelope to: Space
City Mixer, 2422 NW Market St #470, Seattle, WA 98107.
d. Withdrawing Your Consent. You have the right at any time
to withdraw your consent to have this Agreement provided
to you in electronic form.
(i) Effect. Should you choose to withdraw your consent
to have this Agreement provided to you in electronic form,
we will discontinue your then-current username and password.
This means that you will not have the right to use the
Service unless, and until, we issue you a new username
and password. We only will issue you a new username and
password after we receive a signed copy of a non-electronic
version of this Agreement, which we will send to you upon
request.
(ii) Notice. To withdraw your consent and/or request a
non-electronic copy of this Agreement, please send an e-mail
to contact@spacecitymixer.com or a letter and self-addressed
stamped envelope to: Space City Mixer, 2422 NW Market St
#470, Seattle, WA 98107.
(iii) Prospective Nature. Your withdrawal of consent shall
be effective within a reasonable time after we receive
your withdrawal notice described above. Your withdrawal
of consent will not affect the legal validity or enforceability
of the Agreement provided to, and electronically signed
by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain
this electronic Agreement, you must have access to the
World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated
with such access. In addition, you must use all equipment
necessary to make such connection to the World Wide Web,
including a computer and modem or other access device.
Please print a copy of this document for your records.
To retain an electronic copy of this Agreement, you may
save it into any word processing program. Via, the Website,
we will notify you of any changes in the hardware or software
requirements needed to access and/or retain this Agreement
that create a material risk that you will not be able to
continue to access and/or retain this electronic Agreement.
2. Eligibility. You must be at least eighteen (18) years
of age to register as a member of SCM or use the Website.
Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have
the right, authority and capacity to enter into this Agreement
and to abide by all of the terms and conditions of this
Agreement.
3. Membership and Subscription; Pricing. You may become
a Member of the Service at no cost. As a Member, you will
have the ability to participate in some, but not all, of
the features and services available within the Service.
In order to access additional features and services, including
the ability to communicate with other Members, you must
become a paying subscriber to the Service. Please see Subscribe
for a description of the current subscription plans and
their prices. Please note that the subscription policies
that are disclosed to you in subscribing to the service
are deemed part of this Agreement. Please see Billing Details
for a description of such policies. For purposes of this
Agreement the term “Member” includes subscribers,
unless where its usage indicates otherwise. From time to
time, SCM may remove the profiles of non-subscribers.
4. Term. This Agreement will remain in full force and effect
while you use the Website and/or are a Member. You may
terminate your membership and/or subscription at any time,
for any reason, by following the instructions on the Resign
pages in Account Settings, or by sending SCM written notice
of termination to: Space City Mixer, 2422 NW Market St
#470, Seattle, WA 98107 or email notice of termination
to contact@spacecitymixer.com.
If you terminate your subscription, your subscription will
remain active until the end of your then-current subscription
period (that is, the subscription period through which
you had paid prior to your termination). SCM may terminate
your membership and/or subscription by sending notice to
you at the email address you provide in your application
for membership, or such other email address as you may
later provide to SCM.
If SCM terminates your membership in the Service because
you have breached this Agreement, you will not be entitled
to any refund of unused subscription fees. All decisions
regarding the termination of accounts shall be made in
the sole discretion of SCM. SCM is not required to provide
you notice prior to terminating your membership and/or
subscription. SCM is not required, and may be prohibited,
from disclosing a reason for the termination of your account.
Even after your membership or subscription is terminated,
this Agreement will remain in effect. All terms that by
their nature may survive termination of this Agreement
shall be deemed to survive such termination.
5. Non-commercial Use by Members. The Website is for the
personal use of individual Members only and may not be
used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not become Members and
should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website, including
collecting usernames and/or email addresses of members
by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking
to the Website may be investigated, and appropriate legal
action will be taken, including without limitation, civil,
criminal, and injunctive redress. Use of the Website is
with the permission of SCM, which may be revoked at any
time, for any reason, in SCM’s sole discretion.
6. Account Security. You are responsible for maintaining
the confidentiality of the username and password that you
designate during the Registration process, and you are
fully responsible for all activities that occur under your
username and password. You agree to (a) immediately notify
SCM of any unauthorized use of your username or password
or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. SCM
will not be liable for any loss or damage arising from
your failure to comply with this provision. You should
use particular caution when accessing your account from
a public or shared computer so that others are not able
to view or record your password or other personal information.
If you share your computer with others, you may wish to
consider disabling your auto-sign in feature if you have
linked your Microsoft .Net Passport or AOL ScreenName to
your SCM account.
7. Your Interactions with Other Members. You are solely
responsible for your interactions with other Members. You
understand that SCM does not in any way screen its Members,
nor does SCM inquire into the backgrounds of its Members
or attempt to verify the statements of its Members. SCM
makes no representations or warranties as to the conduct
of Members or their compatibility with any current or future
Members. In no event shall SCM be liable for any damages
whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising
out of or relating to the conduct of you or anyone else
in connection with the use of the Service, including without
limitation, bodily injury, emotional distress, and/or any
other damages resulting from communications or meetings
with other registered users of this Service or persons
you meet through this Service. You agree to take reasonable
precautions in all interactions with other Members of the
Service, particularly if you decide to meet offline or
in person. You understand that SCM makes no guarantees,
either express or implied, regarding your ultimate compatibility
with individuals you meet through the Service. You should
not provide your financial information (for example, your
credit card or bank account information) to other Members.
8. Content on the Web site.
(a) Proprietary Rights. SCM owns and retains all proprietary
rights in the Website and the Service. The Website contains
the copyrighted material, trademarks, and other proprietary
information of SCM, and its licensors. Except for that
information which is in the public domain or for which
you have been given written permission, you may not copy,
modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice,
statements, offers, or other information or content made
available through the Service, but not directly by SCM,
are those of their respective authors, and should not necessarily
be relied upon. Such authors are solely responsible for
such content. SCM does not: (i) guarantee the accuracy,
completeness, or usefulness of any information on the Service,
or (ii) adopt, endorse or accept responsibility for the
accuracy or reliability of any opinion, advice, or statement
made by any party that appears on the Website. Under no
circumstances will SCM or its affiliates be responsible
for any loss or damage resulting from your reliance on
information or other content posted on the Website or transmitted
to or by any Members.
9. Content Posted by You on SCM.
a. You are solely responsible for the Content that you
publish or display (hereinafter, "post") on the
Service, or transmit to other Members. You will not post
on the Service, or transmit to other Members, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or
illegal material, or any material that infringes or violates
another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and
publicity). You will not provide inaccurate, misleading
or false information to the Company or to any other Member.
If information provided to SCM, or another Member, subsequently
becomes inaccurate, misleading or false, you will promptly
notify SCM of such change.
b. You understand and agree that SCM may review and delete
any content, messages, double-blind emails, photos or profiles
(collectively, "Content"), in each case in whole
or in part, that in the sole judgment of SCM violate this
Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety
of Members.
c. By posting Content to any public area of SCM, you automatically
grant, and you represent and warrant that you have the
right to grant, to SCM, its affiliates, licensees and successors,
an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, reproduce, adapt,
modify and distribute such information and content and
to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize
sublicenses of the foregoing. You further represent and
warrant that public posting and use of your content by
SCM will not infringe or violate the rights of any third
party.
d. The following is a partial list of the kind of Content
that is illegal or prohibited on the Website. SCM reserves
the right to investigate and take appropriate legal action
in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending
communication from the Service and terminating the membership
of such violators. It includes, but is not limited to,
Content that:
is
patently offensive to the online community, such as Content
that promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated images, audio
or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal
information from anyone under the age of 18;
provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information
for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
e. Your use of the Service, including but not limited to
the Content you post on the Service, must be in accordance
with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation
of, other Members. This includes but is not limited to
solicitation or advertising to buy or sell any products
or services through the Service or to attend parties or
other social functions or networking for commercial purposes.
You may not transmit any chain letters or junk email to
other Members.
Although SCM cannot monitor the conduct of its Members
off the Website, it is also a violation of these rules
to use any information obtained from the Service in order
to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members
from such advertising or solicitation, we reserves the
right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number
which we deem appropriate in our sole discretion.
h. All information you include in your Member profile must
be accurate, current and complete.
10. Prohibited Activities. SCM reserves the right to investigate
and terminate your membership if you have misused the Service,
or behaved in a way which could be regarded as inappropriate
or whose conduct is unlawful or illegal. The following
is a partial list of the type of actions that you may not
engage in with respect to the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any
person.
You will not express or imply that any statements you make
are endorsed by SCM without our specific prior written
consent.
You will not use any robot, spider, site search/retrieval
application, or other manual or automatic device or process
to retrieve, index, "data mine", or in any way
reproduce or circumvent the navigational structure or presentation
of the Service or its contents.
You will not post, distribute or reproduce in any way any
copyrighted material, trademarks, or other proprietary
information without obtaining the prior consent of the
owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary
rights notices contained in the Service.
You will not interfere with or disrupt the Services or
the site or the servers or networks connected to the Services
or the site.
You will not post, email or otherwise transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware
or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any information transmitted
through the Service.
You will not "frame" or "mirror" any
part of the Service or the Website, without SCM’s
prior written authorization. You also shall not use meta
tags or code or other devices containing any reference
to SCM or the Service or the site in order to direct any
person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble
any portion of the Service or the Website or any software
used on or for the Service or cause others to do so.
11. Customer Service. SCM provides assistance and guidance
through its customer care representatives. When communicating
with our customer care representatives, you may not to
be abusive, obscene, profane, offensive, sexist, threatening,
harassing, racially offensive, or otherwise behave inappropriately.
If we feel that your behavior towards any of our customer
care representatives or other employees is at any time
threatening or offensive, we reserve the right to immediately
terminate your membership and you will not be entitled
to any refund of unused subscription fees.
12. Subscriptions; Charges on Your Billing Account.
(a) General. SCM bills you through an online account (your
"Billing Account") for use of the Service. You
agree to pay SCM all charges at the prices then in effect
for any use of the Service by you or other persons (including
your agents) using your Billing Account, and you authorize
SCM to charge your chosen payment provider (your "Payment
Method") for the Service. You agree to make payment
using that selected Payment Method. SCM reserves the right
to correct any errors or mistakes that it makes even if
it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Service
consist of an initial period, for which there is a one
time charge, followed by recurring period charges as agreed
to by you. By entering into this Agreement, you acknowledge
that your subscription has an initial and recurring payment
feature and you accept responsibility for all recurring
charges prior to cancellation. SCM MAY SUBMIT PERIODIC
CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM
YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING
UPON REQUEST BY SCM) THAT YOU HAVE TERMINATED THIS AUTHORIZATION
OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL
NOT AFFECT CHARGES SUBMITTED BEFORE SCM REASONABLY COULD
ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT
METHOD, GO TO ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT,
COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING
ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE
IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD
EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SCM IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR
IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY,
SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER
NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE
AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE SCM ANY OF
THE FOREGOING INFORMATION, YOU AGREE THAT SCM MAY CONTINUE
CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING
ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR
THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY
SCM).
(d) Payment Method. The terms of your payment will be based
on your Payment Method and may be determined by agreements
between you and the financial institution, credit card
issuer or other provider of your chosen Payment Method
(the "Payment Method Provider"). If SCM does
not receive payment from your Payment Method Provider,
you agree to pay all amounts due on your Billing Account
upon demand.
(e) Change in Amount Authorized. If the amount to be charged
to your Billing Account varies from the amount you preauthorized
(other than due to the imposition or change in the amount
of state sales taxes), you have the right to receive, and
SCM shall provide, notice of the amount to be charged and
the date of the charge at least 10 days before the scheduled
date of the transaction. Any agreement you have with your
Payment Method Provider will govern your use of your Payment
Method. You agree that SCM may accumulate charges incurred
and submit them as one or more aggregate charges during
or at the end of each billing cycle.
(f) Auto-renewal. Your SCM subscription will be automatically
extended for successive renewal periods of the same duration
as the subscription term originally selected, at the then-current
non-promotional subscription rate. To change or resign
your subscription at any time, email contact@spacecitymixer.com.
If you resign, you may use your subscription until the
end of your then-current subscription term; your subscription
will not be renewed after your then-current term expires.
However, you won’t be eligible for a prorated refund
of any portion of the subscription fee paid for the then-current
subscription period.
(g) Reaffirmation of Authorization. Your non-termination
or continued use of the Service reaffirms that SCM is authorized
to charge your Payment Method. SCM may submit those charges
for payment and you will be responsible for such charges.
This does not waive SCM's right to seek payment directly
from you. Your charges may be payable in advance, in arrears,
per usage, or as otherwise described when you initially
subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or
other promotion that provides subscriber-level access to
the Service must be used within the specified time of the
trial. You must cancel your subscription before the end
of the trial period in order to avoid being charged a subscription
fee. If you cancel prior to the end of the trial period
and are inadvertently charged for a subscription, please
contact Customer Care to have the charges reversed.
13. Modifications to Service. SCM reserves the right at
any time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.
You agree that SCM shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of the Service.
14. Blocking of IP Addresses. In order to protect the integrity
of the Service, SCM reserves the right at any time in its
sole discretion to block Members from certain IP addresses
from accessing the Website.
15. Copyright Policy. You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the
prior written consent of the owner of such proprietary
rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Service
in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has
been infringed; a description of where the material that
you claim is infringing is located on the Website; your
address, telephone number, and email address; a written
statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty
of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. SCM’s Copyright
Agent for notice of claims of copyright infringement can
be reached as follows: Space City Mixer - Legal, PO Box
2442 NW Market St #470, Seattle, WA 98107.
16. Member Disputes. You are solely responsible for your
interactions with other SCM Members. SCM reserves the right,
but has no obligation, to monitor disputes between you
and other Members.
17. Privacy. Use of the Website and/or the Service is also
governed by our Privacy Policy.
18. Disclaimers. SCM is not responsible for any incorrect
or inaccurate Content posted on the Website or in connection
with the Service, whether caused by users of the Website,
Members or by any of the equipment or programming associated
with or utilized in the Service. SCM is not responsible
for the conduct, whether online or offline, of any user
of the Website or Member of the Service. SCM assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access
to, or alteration of, user or Member communications. SCM
is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure
of email or players on account of technical problems or
traffic congestion on the Internet or at any Website or
combination thereof, including injury or damage to users
and/or Members or to any other person's computer related
to or resulting from participating or downloading materials
in connection with the Web and/or in connection with the
Service.
Under no circumstances will SCM or any of its affiliates,
advertisers, promoters or distribution partners be responsible
for any loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service,
any Content posted on the Website or transmitted to Members,
or any interactions between users of the Website, whether
online or offline. The Website and the Service are provided
"AS-IS" and SCM expressly disclaims any warranty
of fitness for a particular purpose or non-infringement.
SCM cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions
of this Agreement, any advice that may be posted on the
Website is for informational and entertainment purposes
only and is not intended to replace or substitute for any
professional financial, medical, legal, or other advice.
SCM makes no representations or warranties and expressly
disclaims any and all liability concerning any treatment,
action by, or effect on any person following the information
offered or provided within or through the Website. If you
have specific concerns or a situation arises in which you
require professional or medical advice, you should consult
with an appropriately trained and qualified specialist.
19. Links. The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources.
Because SCM has no control over such sites and resources,
you acknowledge and agree that SCM is not responsible for
the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any
Content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge
and agree that SCM shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of,
or reliance upon, any such Content, goods or services available
on or through any such site or resource.
20. Limitation on Liability. Except in jurisdictions where
such provisions are restricted, in no event will SCM be
liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Web site
or the Service, even if SCM has been advised of the possibility
of such damages. Notwithstanding anything to the contrary
contained herein, SCM’s liability to you for any
cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any,
by you to SCM for the Service during the term of membership.
22. U.S. Export Controls. Software from this Website (the
"Software") is further subject to United States
export controls. No Software may be downloaded from the
Website or otherwise exported or re-exported (i) into (or
to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a
national or resident of any such country or on any such
list.
23. Jurisdiction and Choice of Law. If there is any dispute
arising out of the Website and/or the Service, by using
the Website, you expressly agree that any such dispute
shall be governed by the laws of the State of Washington,
without regard to its conflict of law provisions, and you
expressly agree and consent to the exclusive jurisdiction
and venue of the state and federal courts of the State
of Washington, in King, for the resolution of any such
dispute.
24. Indemnity by You. You agree to indemnify and hold SCM,
its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use
of the Service in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
25. No Third Party Beneficiaries. You agree that, except
as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this Agreement.
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