“Punchtime” refers to the Punchtime website, desktop and mobile device software applications, “we” refers to Punchtime directors, employees, and anyone involved in its creation or maintenance. By accessing and/or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”).
This Service is intended solely for Users who are eighteen years of age or older, and any use or access to the Service by anyone under 18 is prohibited and in violation of this Agreement. You agree to use the Service only in accordance with our Acceptable Use policy. To use Punchtime you must have a mobile device that is compatible with our Service. We do not warrant that the Punchtime Service will be compatible with your mobile device.
All aspects of the Service are subject to change or elimination at our sole discretion. We reserve the right to interrupt the Serviec and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that we will not be liable to you for any interruption of the Service or your account.
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Punchtime disclaims any warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
You are solely responsible for the content that you upload, publish, display, link to or otherwise make available on Punchtime, and you agree that we are only acting as a passive conduit for your online distribution and publication of your content. We take no responsibility and assume no liability for any content that you or any other user or third party posts or sends over Punchtime. You understand and agree that any loss or damage that occurs as a result of the use of any content that you make available or access through your use of Punchtime, is solely your responsibility. We are not responsible for any public display or misuse of your content.
To the maximum extent permitted by applicable law, we are not liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, bodily harm, loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or in inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Inneract has been informed of the possibility of such damage.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICES AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services and Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.