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TicToc Guardians includes code, materials, and other content created by Ludic Shift (the “Materials”). All Materials are provided on an “as is” and “as available” basis, “with all faults,” and without warranty of any kind. Ludic Shift disclaims all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Materials, including but not limited to all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, Ludic Shift makes no warranty that (1) any of the Materials will operate properly, (2) that the Materials will meet your requirements, (3) that the operation of the Materials will be uninterrupted, bug-free, or error-free in any or all circumstances, (4) that any defects in the Materials can or will be corrected, (5) that the Materials are or will be in compliance with any platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve TicToc Guardians, or will not revoke approval of TicToc Guardians for any or no reason.
Any warranty against infringement is expressly disclaimed by Ludic Shift. Ludic Shift does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, Ludic Shift shall not be liable in any way for loss or damage of any kind resulting from the use or inability to use the Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
In no event will Ludic Shift be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this agreement or the Materials, or the delay or inability to use or lack of functionality of the Materials, even in the event of Ludic Shift’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise, and even if Ludic Shift has been advised of the possibility of such damages.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ludic Shift shall be limited to the full extent permitted by law.
Without limiting the generality of the foregoing, Ludic Shift makes no warranty that (1) any of the Materials will operate properly, (2) that the Materials will meet your requirements, (3) that the operation of the Materials will be uninterrupted, bug-free, or error-free in any or all circumstances, (4) that any defects in the Materials can or will be corrected, (5) that the Materials are or will be in compliance with any platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve TicToc Guardians, or will not revoke approval of TicToc Guardians for any or no reason.
Any warranty against infringement is expressly disclaimed by Ludic Shift. Ludic Shift does not guarantee continuous, error-free, virus-free, or secure operation of or access to the Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, Ludic Shift shall not be liable in any way for loss or damage of any kind resulting from the use or inability to use the Materials or otherwise in connection with this agreement, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
In no event will Ludic Shift be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this agreement or the Materials, or the delay or inability to use or lack of functionality of the Materials, even in the event of Ludic Shift’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise, and even if Ludic Shift has been advised of the possibility of such damages.
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ludic Shift shall be limited to the full extent permitted by law.