Terms of Service

Post Cafe Terms and Conditions

Definitions

In this document, “we,” “us,” “our,” and “our team,” pertain to post.cafe (collectively “the Company”) and employees, subcontractors, or other representatives of the Company. The terms “you,” “subscriber,” and “member” pertain to you. “You”, “you,” “your,” “subscriber,” and “member” refer to each entity or individual that purchases services (“Services”) from https://www.post.cafe/ or (“the Site”).

No Affiliations with Social Media Sites

post.cafe is an independent company and is in no way affiliated with Twitter, Facebook, LinkedIn, Pinterest, Google+ or any other social network or social media tool, program, site, or company.

Scope of Services

Our goal is to maximize your impact on social media by building your community intelligently, increasing your online visibility, promoting your brand, and establishing you as a thought leader and industry authority among your customers or followers. To accomplish this, we require access to your Social Media account(s) (depending upon your program). This provides us with the agreed upon Scope of Services of posting tweets, Facebook, Linkedin, or Pinterest updates on your behalf.

As a subscriber of our social media service(s), you acknowledge and agree and give us express permission to access your social media account(s) to publish posts and/or perform any other action associated with our social media services. Tweets/posts will be coming directly from your account(s), under your name. You will be providing us with your social media user names and passwords to grant us access to your account(s).

We write trend-based, informative articles within your selected industry. Links to these articles are then posted to your social media account by your social media account. The posts link to a main hub www.ForSaleGuides.com and display your business’ name, logo and/or contact information, based upon details you provide. Links are available from the main page to the website or social media page of your choice. Content topics may include seasonal items, trending topics, tips related to your field, industry guides, listicles and general information relevant to the general industry you select. We make no guarantees that the article or post content adheres to your personal, business, or brand philosophy, messaging or exact product or service offerings.

Although we are writing and publishing your posts, you maintain full responsibility for the content and links associated with each post, including compliance with all domestic and international laws governing your business and your online activities.

It is your responsibility to review your account to ensure the content is to your satisfaction. We will be automating and repeating your tweets/posts. If we post a tweet/post that you would prefer not to be repeated, please contact us by email accounts@post.cafe and we will remove it as soon as possible. If there are typos or misinformation contained in your tweets/posts (despite our efforts to post error-free and accurately), we will correct them as soon as we are made aware of the discrepancies/errors.

Twitter, Facebook, LinkedIn, Pinterest, Google+, and all other Social Media networks have the right to terminate your accounts with them indefinitely. If this happens, we have no ability to recover your account(s) on your behalf. You are fully responsible for complying with terms of service, rules, restrictions, and other guidelines of Twitter, Facebook, LinkedIn, Google +, and Pinterest. Despite the fact that we are writing and posting your tweets/posts, scheduling and/or automating your tweets/posts, and automating the following and unfollowing of Twitter users on your behalf, you maintain full responsibility for all actions associated with your accounts.

If your social media account(s) should be terminated, you agree to hold us harmless for any damage caused to you or others by this action.

There is no long-term commitment with this service. You may cancel your subscription at any time prior to your next billing cycle. Simply send us an email at billing@post.cafe or log into your account and we will not bill you any further.

We will not knowingly write or publish posts for “spammers” or anyone engaged in any illegal activity. We reserve the right to refuse to post for any suspected spammer and/or cancel your membership without prior advance notice if we suspect in our sole discretion that you are engaging in any illegal activity. We will not be liable to you for a refund of fees or for any damages, direct or indirect, for such refusal or cancellation.

Registration Data and Privacy

In order to access the Services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. The data we collect is subject to our Post Cafe Privacy Policy. We do not sell or share this data with third-parties.

Acceptance of these Terms

By filling in your information and subscribing to our services, YOU AGREE TO BE BOUND BY AND ACCEPT THIS TERMS OF SERVICE, AS WELL AS THE COMPANY’S TERMS OF USE POSTED ON ITS SITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

Intellectual Property Information

For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and the entire contents of post.cafe are copyrighted as a collective work under the United States copyright laws.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of post.cafe and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of post.cafe. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of post.cafe or its Affiliates.

Hold Harmless and Sole Remedy

You agree to hold us harmless for any damages caused by errors, typos, inoperable links, incorrect information, or other information or links contained in your tweets/posts. You agree to hold us harmless and indemnify us fully for any claims or damages caused by a violation of any domestic or international law that governs your business or your online activities (see “Indemnification” below).

You acknowledge and agree that our liability is limited to the amount equal to the fee charged to you for one month of our Services.

We do not warrant that the service descriptions or photographic/video representations on the Site are accurate, complete, reliable, current, or error-free. Service offerings displayed on the Site are available only while supplies last or while our team has availability to assist you with your requested services. Results described in testimonials on our websites, blogs, and social media accounts are not typical. Results vary for each member.

In addition, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of services offered on the Site. If any Service you purchase from the Company is not as described, your sole remedy is to cancel your subscription. No refunds will be given under any circumstances.

Pricing and Taxes

The prices displayed on the Site are quoted in USD dollars. For purchases made outside of the United States, your pricing might vary or be subject to import/export taxes or duties, or other types of taxes, for which you are fully and solely responsible.

If the Company determines your purchase is subject to sales or other tax, a separate charge for taxes will be shown on your order form or invoice and you will be fully responsible for paying that tax before services can be delivered or continued.

Payment Methods

The current payment methods available are: credit or charge cards from Visa, MasterCard, American Express, and PayPal. Orders are processed only after a billing address, or other billing information, has been verified.

Cancelling Your Services

If you choose to cancel your account we ask that you please  fill out our cancellation form or by contacting us at billing@post.cafe

Refund Policy

Generally, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid subscriptions and charges are nonrefundable after purchase and delivery.

An exception we may consider providing a refund when we’ve updated your payment information and there are good reasons to believe that you did not intend for an update to be made. In this circumstance, post.cafe must be notified within 10 days of billing.

Also, under the laws applicable in your jurisdiction, subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, residents of California are entitled to a full refund during the 3 days after the subscription begins. Please note that this 3 day period commences when the subscription service starts, which is immediately upon signing up with post.cafe. The reference above refers to the laws applicable to your jurisdiction.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

You understand and agree that the Services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limited Warranty and Disclaimer

The information on the Site, the Services offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. In addition, we and our suppliers, contractors and/or employees do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

While it is our goal to increase your following in social media, we cannot guarantee that your following, reputation, business or the like will be increased or improved by the use of our services, and we hereby disclaim and you release us from any and all damage, claims or other liability for the affect our Services has on your business, reputation, online following or the like.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS, CONTRACTORS AND/OR EMPLOYEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES PROVIDED, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE AND ACKNOWLEDGE THAT YOU USE OUR SERVICES AND OUR SITE AT YOUR OWN RISK.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. Post.cafe may, from time to time, need to interrupt the service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless XXX post.cafe and its, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.

Limitations of Liability

THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT, TORT, STRICT LIABILITY IN TORT OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to defend and indemnify the Company fully and its employees, contractors and suppliers from any claim, demand, fine, tax, duty, fee, settlement amount or judgment including reasonable attorney’s fees, arising from your failure to comply with these Terms, your violation of any law or of the rights of a third party.

Additional Terms

If any provision of this Terms of Sale is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Service, and any part of such provision not held invalid or unenforceable shall remain in effect.

If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Service, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.

Notwithstanding anything herein to the contrary, the “Limited Warranty” and the “Limitation of Liability” language shall survive the termination of this Terms of Service.

The provisions of this Terms of Service will inure to the benefit of and be binding upon the Company and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

You and the persons you represent may not assign your rights and obligations under this Terms of Service without the express prior written consent of the Company, which may be withheld by the Company in its sole discretion.

The Company may assign this Terms of Service and its rights and obligations under this Terms of Sale without your consent or the consent of any persons you represent.

THE COMPANY’S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF THE COMPANY’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF THE COMPANY’S RIGHT TO ENFORCE SUCH PROVISION.

Nothing contained in this Terms of Service shall be deemed to constitute either party as the agent or representative of the other party, and no joint venture or partnership relationship has been created between the parties.

Contacting Us

If you have any questions about this privacy policy or need to contact us, please call us at 732-706-5555 or send us an email to billing@post.cafe

SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION

Facebook requires that post.cafe notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:

I. Introduction
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the “Facebook Site”) or to retrieve authorized data from third-party sites for use on the Facebook Site (“Platform Applications”).

The “Facebook Platform” is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.

PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address (“Contact Information”). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.

II. Consent Regarding Use of Facebook Site Information
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), Facebook may from time to time provide Developers access to the following information (collectively, the “Facebook Site Information”):

(a) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and

(b) the user ID associated with your Facebook Site profile.

(c) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your “About Me” section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of “pokes” you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.

(d) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.

(e) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.

(f) Facebook Applications. Platform Applications developed by Facebook (“Facebook Applications”) may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.

III. Use of Platform Applications
(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER’S TERMS AND/OR POLICIES CAREFULLY.

(b) Facebook Terms of Service. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Service, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Service directly contradict such Facebook Site Terms of Service, these Platform Application Terms of Service shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Service, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;

(c) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and

(d) Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook’s prior written consent. Facebook may require you to agree to additional or different Terms of Service and may notify you of additional or different policies that may apply to particular Facebook Applications.

(e) ALL PLATFORM APPLICATIONS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

(f) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.