a Service would not be infringing itself; or (d) use of the Service in breach of these
Terms and/ or End-User License Agreement. The provisions of this Section 13.1 state
the sole, exclusive, and entire liability of ZENLINGO LLC to you and constitute your sole
remedy with respect to a legal takedown.
12.2 You agree to defend, indemnify and hold harmless ZENLINGO LLC and its
licensees, licensors, employees, directors, officers, agents, and contractors, from and
against any and all claims, actions, proceedings, and suits brought by a third party, and
any and all damages, obligations, losses, liabilities, costs or debts, and expenses
(including but not limited to attorney’s fees), resulting from or arising out of: (i) your use
and access to the Service by you or by any person, using your Account and password;
(ii) a breach of these Terms, and the End-User License Agreement, or (iii) your Content
uploaded on or through the Service.
XIII. Limitation of liability
13.1 IN NO EVENT SHALL ZENLINGO LLC, NOR ITS DIRECTORS, EMPLOYEES,
AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, OR PARTNERS, BE LIABLE
FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION,
LOSS OF PROFITS, DATA AND INFORMATION (INCLUDING ANY CORRUPTION,
DEGRADATION OR UNAVAILABILITY), GOODWILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICE; (II) ANY CONDUCT, CONTENT OR ANY
EXTERNAL SERVICE OF ANY THIRD PARTY ON THE SERVICE; (III)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND EVEN IF ZENLINGO LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO
ANYTHING, OR ANY CLAIMS RELATED TO THESE TERMS, THE SERVICE, OR THE
SOFTWARE RELATED TO THE SERVICE.
13.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS,
ZENLINGO LLC’S AGGREGATE LIABILITY TO YOU, ANY AFFILIATE, OR ANY THIRD
PARTY ARISING OUT OF THESE TERMS AND/ OR THE SERVICE IN NO EVENT
SHALL EXCEED THE PROPORTIONATE PART OF THE FEE PAID THAT
CORRESPONDS TO THE UNUSED PERIOD OF YOUR PLAN, WITHIN WHICH THE
FIRST EVENT GIVING RISE TO SUCH LIABILITY OCCURS. WE HAVE RELIED ON
THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU WITH THE
RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED.