The views expressed on or through the Service are not the views of Mobilegaming. You acknowledge that any reliance on any opinion, advice, statement, or information available on the Service is at your sole risk. The Service contain views, opinions, statements, and recommendations of third-party individuals and organizations, and Mobilegaming does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service. Mobilegaming makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Service and does not warrant that the functions contained on the Service will be uninterrupted or error-free, or that defects will be corrected.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPITALISM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. APPITALISM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPITALISM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You hereby indemnify and hold harmless, and upon request by Mobilegaming, defend, Mobilegaming; its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; (ii) any allegation that any Member Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or Mobilegaming or any Member's use thereof violates or infringes the rights of another party; or (iii) a breach of any warranty, representation, covenant or obligation of yours under a development agreement with another Member, which was entered into through the Service. You will reimburse Mobilegaming and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 10, provided that Mobilegaming attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Mobilegaming shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon request of Mobilegaming. Mobilegaming shall have the right, at its expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 10(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 5, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPITALISM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO APPITALISM FOR THE SERVICE DURING THE TERM OF SUBSCRIPTION.