QUACK WEBSITE AND APP RULES

PLEASE READ THESE RULES CAREFULLY BEFORE USING QUACK

Date last updated: 29 March 2021

1. WHAT'S IN THESE RULES?

These are the rules for using (i) the Quack App (the App), (ii) our website www.quackapp.com and all other web pages from our website (our Site) and (iii) any other content, applications, features, products and services offered by us that are referred to in these Terms and Conditions (Other Stuff).

"Quack" means the App, the Site and Other Stuff, as described above.

It shouldn’t take long for you to read these rules and we recommend that you read them to make sure you know your rights and our rules for using Quack.

THESE RULES COVER IMPORTANT INFORMATION ABOUT QUACK, INCLUDING INFORMATION ABOUT FUTURE CHANGES TO THE RULES, LIMITATIONS OF LIABILITY, PRIVACY, AND HOW ANY DISPUTES BETWEEN YOU AND US WILL BE RESOLVED.

To see your responsibility to us and our responsibility to you for breaking these rules, see sections 4 and 18.

To see your responsibility to us and our responsibility to you for breaking these rules, see sections 4 and 16.

2. WHO WE ARE (QUACK!) AND HOW TO CONTACT US

Quack is an app dedicated to making friendship easy and accessible for everyone.

We do this by connecting you to friends of friends (safely through your contacts) and through features designed specifically for making friends without the traditional pressures of social media.

Consider it a one-stop-shop for building better friendships and having fun in the process!

We also provide a platform where you can see what celebrity users (Stars) are up to and chat with them.

Quack Marketing Limited (We or Us) is registered in England and Wales under company number 11562866 with a registered office at 1 Dover Place 5th Floor, Ashford Commercial Quarter, Ashford, Kent, England, TN23 1FB.

To contact us, please email support@quackapp.com

3. WHO CAN USE QUACK?

If you are in Argentina, Brazil, Mexico, the UK or the US, you must be aged 13 or over to sign up for a Quack profile. If you are in Chile or Russia, you must be aged 14 or over. Otherwise, depending on where you live, you may need to be a different minimum age. You can only use Quack if you are allowed to do so by law.

When you sign up to use Quack, you'll be asked to confirm your date of birth so that we can check that you are the above age or older (don't lie about your age – that's an important rule). If you live in Brazil and you are 13 or over but under 18, you will need your parent or guardian to assist or represent you in the registration and signing up to Quack and these rules. If you live in Chile and you are 14 or over but under 18, you understand that because of your age you need approval of your parents or guardians to accept these rules and you confirm that you have obtained such approval. If you live in Mexico and you are 13 or over but under 18, you will need your parent, guardian or legal representative's consent to sign up to Quack and these rules.

4. BY USING QUACK YOU ACCEPT THESE RULES

These are the rules for using Quack and so you have to agree to them (basically, you can't break them). If you don't agree to these rules, you can't use Quack (boo).

If you download Quack, sign up to a profile or start using Quack, we'll take it that you agree to these rules.

We recommend that you print a copy of these rules so you can easily check them in the future. The latest version of these rules will be on our website.

To the fullest extent permitted by applicable law, we can delete your profile if you break, or we think you're going to break, these rules. You can complain to us if you think we're being unfair.

Also, don't encourage or help anyone else to break these rules. Doing so will be a violation of these rules.

As further detailed in the provision below in ALL CAPS, if you break any of the rules listed here and Quack suffers any loss or someone tries to sue us, you will pay us for all loss we suffer and our legal fees and costs.

5. THERE ARE OTHER RULES THAT MAY APPLY TO YOU

These are some other rules, which also apply to your use of Quack, so please read these carefully:

Our Privacy Policies https://quackapp.com/privacy (this talks about how we use the information that you give us or that we hold about you and what cookies we use).
Our Guidelines https://quackapp.com/guidelines (these describe what photos you can upload to Quack and how you should behave with other Quack users).

It's very unlikely but, if something in the Guidelines or Privacy Policy doesn't make sense because of these rules, these rules will always win.

These rules and the Guidelines and Privacy Policy complement each other and work as a whole. If you break any provision of the Guidelines or Privacy Policy, you will also be breaking the rules.

6. HOW WE PROVIDE QUACK

Quack is free with some opportunities to make in-app purchases. If you need to pay for the app in the future, we'll let you know.

We can't promise that Quack will always be available or quick, because Quack needs the Internet, WiFi and other techie things to work. You are responsible for your own Internet connection.

We also can't promise that there won't be bugs or errors with Quack.

We will try our best to make sure that you can keep Quackin' at all times and that Quack is up to date.

If Quack isn't available, or we need to stop providing it, we will try our best to let you know for example through social media, an update posted on the Site or a push notification in the App. To the fullest extent permitted by law, we can change or end Quack at any time, for any reason and without letting you know beforehand.

You need to make sure that your device is able to access Quack (this might mean needing to download the latest software). You should download any update that we give you and follow our instructions about installing and using Quack. If you have any trouble accessing Quack, just let us know at support@quackapp.com.

7. HOW WE USE YOUR INFORMATION

Our Privacy Policies https://quackapp.com/privacy talks more about how we use the information that you give us or that we hold about you and what cookies we use.

We need to use some of your information to provide you with Quack (and we won't be able to give you access to Quack if you don't provide us with this information). For example, we need your mobile phone number to send you notifications and messages, and to check that you are who you say you are, to let you fully enjoy Quack (e.g. let you take part in certain features and activities of Quack) and for other reasons set out in our Privacy Policy.

We might, with your consent, when you're creating your Quack profile and at other times afterwards, access your mobile phone contact list or address book to create a list of friends of your friends (we call this your "Quack Circle"). We do this to allow you and us to send notifications to other Quack users and to your contacts (even if they're not on Quack). These notifications can be by SMS, email or other methods. When you sign up for a Quack profile, you agree that we can have access to this information.

When you're using Quack, we might also ask you to allow us to collect certain information about your location and where you are. We do this to let you fully enjoy Quack (e.g. to show you other Quack users nearby and to let you take part in certain features and activities of Quack). If you don't agree to let us have this information, you might not be able to enjoy everything that Quack has to offer.

8. YOUR PROFILE

When you sign up to Quack, you'll be asked to create a profile by providing your name, date of birth, mobile number and profile picture. To use additional features beyond chatting with your Quack Circle, you'll need to upload a profile picture which is clearly of you. Don't lie about yourself when you set up your Quack account, and ensure you upload a genuine photo of yourself for your profile photo. Make sure your contact information, including your phone number, is always up to date.

Remember, you can't use Quack if you're not the minimum age set out in section 3 above or over.

You can only have one personal Quack profile; if we delete your profile, you must not make another one.

You'll need to keep your profile login details (your username and password) safe and private. So don't give them to anyone else. Don't let anyone else log into your profile. If you think someone else knows your profile details, tell us ASAP at support@quackapp.com.

Also, don't use anyone else's profile without their permission or try to find out their login details.

If you want to delete your account, we'll be really sorry to say goodbye to you. You can follow the steps here to delete your account (☹). If you delete your account, Quack might keep some of your information for longer and you'll still have to comply with and respect rules 4, 12, 13, 14 and 16.

9. USING QUACK – A VERY IMPORTANT SAFETY RULE

Here's a super important rule. Use Quack safely (so don't Quack and drive or Quack when crossing the road…). If you're going to meet up with someone you met on Quack, follow our Offline Safety Tips.

Because we don't personally know everyone on Quack, we don't know what they're actually like. So stay safe and if you're worried about anything or anyone, let us know at support@quackapp.com.

You also can't use Quack to contact the police, fire service, ambulance or other emergency services. If you need any of these emergency services, contact them ASAP using your mobile or other telephone.

10. USING QUACK - SOME OTHER IMPORTANT RULES

Here are some other important rules:

We might send you messages, push notifications and other alerts when you use Quack, some of which may depend on your settings. Sometimes these will be to make sure that you're you and not anyone else, and other times these will be to tell you about certain features of Quack or stuff you can do on Quack. If you don't want to receive these, that's fine, but it may change your Quack experience.
You have to pay for any data you use when using Quack and for any SMS text messages you send or receive.
One of our companies owns the Quack logo, pictures, layout and other content on Quack. Don't use these, or try to copy with them or change them, without our written permission.
You can only use Quack for personal reasons. Don't try to make money from Quack and don't ask or make anyone pay you to use Quack.
We just make Quack available to you and other users, so we can't control or guess what happens on Quack. Follow our Guidelines when you're using Quack and don't do anything that might upset people.
If you follow any links to other websites or apps from Quack, like YouTube or Twitter, we're not responsible for them and don’t control them. Their rules may also apply to you and so make sure you read their rules and Privacy Policies. We're also not responsible for any goods, services or other things you buy from any website or app you click through from Quack.
To the fullest extent permitted by applicable law, if you download Quack from Google Play, Apple App Store or any other app store, we're not responsible for them and don’t control them. Their rules may also apply to you and so make sure you read their rules and Privacy Policies. To the fullest extent permitted by applicable law, these app stores also aren't responsible for Quack or for anything that happens to you on Quack and may also get involved with these rules and enforce them against you.

11. RULES FOR CHATTING TO OTHER PEOPLE

Quack lets people talk to each other.

We ask everyone to follow these rules and our Guidelines when chatting to each other:

don't post anything showing or glorifying violence or that might frighten other people;
don't post anything showing nudity or sexual content;
don't bully anyone;
don’t pretend to be someone else;
don't do anything illegal on Quack (either locally or internationally);
f you want to talk to someone directly, send them a request first;
if you join a group chat, act with kindness and don’t upset anyone;
if you want to use someone's photos or content, ask them first;
don't share anyone's private or personal information, like their bank details or address, or anything that might embarrass them; you are responsible for anything you upload onto Quack and the consequences if any of your images, videos or other content hurt anyone;
don't post spam or anything that's untrue or fake;
don't use any type of software or robot to get into other people's information;
don’t upload any viruses or anything that might affect the way Quack works, or mess around with our code;
don't leave fake reviews about Quack or lie about your experience on Quack; and
just to be really clear, don't do anything to hurt Quack.

12. RULES FOR UPLOADING CONTENT TO QUACK

By posting content to Quack, you are declaring that you own, and are responsible for, any original images, videos and other content you share on Quack but we can use them however we want forever, including sharing them with other people anywhere in the world, such as via social media. We don’t have to pay you any money for this. Other people (including other Quack users) can also use any images and videos you share on Quack without having to pay you any money and, to the fullest extent permitted by law, Quack shall not be liable if this happens (though we may be able to help you, as described below). Specifically, to the fullest extent permitted by law, you grant us the royalty-free, unrestricted, transferable, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content you share on Quack (in whole or part) and/or to include it in other works, in any form, media, or technology now known or later developed.

Remember that other people may be able to see and share stuff that you upload onto Quack.

Don't copy other people's images, videos and other stuff and post them on Quack if you're not allowed to.

If you think someone else has copied your content (like photos or videos) without your permission and in a manner that violates the law, it's up to you to tell us. We can help you but you'll need to tell us at support@quackapp.com.

In your email to us, you have to: (i) identify the copyrighted work or works that you claim have been infringed; (ii) identify the content on Quack that you claim should be removed because it infringes the copyrighted works, including information on where we can find it; (iii) provide your contact information, including your address and telephone number; (iv) state that you have a good faith belief that use of the content on Quack is not authorized by the copyright owner, its agent, or the law; (v) state that the information in your email is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) include your name at the end of the email, which acts as your digital electronic signature. To the extent applicable, our Designated Agent for the purposes of the U.S. Digital Millennium Copyright Act can be contacted at: Copyright Agent, Eyelinkmedia Limited, 1 Dover Place 5th Floor, Ashford Commercial Quarter, Ashford, Kent, England, TN23 1FB, +44 20 7099 9940, dpo@quackapp.com.

If we receive a complaint that you have copied someone else's content (like photos or videos), we may share your information with the people involved, as required or permitted by applicable law. It is our policy that, if you keep on copying other people's content or other people keep on complaining that your content infringes their copyrights, we can delete your profile in appropriate circumstances.

We can delete any images, videos or other content you post on Quack if we think it breaks these rules or the Guidelines, or if otherwise required by law or following a reasonable request from an authority. We won't be responsible to you if we delete your content. If we delete something that’s yours and you think it's unfair, you can let us know at support@quackapp.com.

13. RULES ABOUT LINKING TO OUR SITE

You may link to our Site and App, provided that you do so fairly and legally, and you don't damage our reputation. Don't link to our Site or App in a way that suggests Quack likes or knows you. You can only link to a website that you own.

If we don't like the way you've linked to our Site and App, we can tell you to remove the link and you'll have to comply.

In the content you share on Quack, you can only link to a website that you own. Any website that you link to or from which you link must comply with these rules and our Guidelines.

14. RULES ABOUT BUYING AND USING STAR TOKENS

Quack lets you buy with real money a virtual currency called Star Tokens which you can use on Quack to gain access to exclusive content that Stars release, join special events such as chat sessions with Stars, and get other cool stuff. You may have the right to get preview access to such content, events and other cool stuff, for a limited time period, in order to make a conscientious decision about what features you will spend your Star Tokens on. You can only purchase Star Tokens from us and can only use Star Tokens on Quack. Star Tokens do not have any monetary or other value and you cannot sell or give Star Tokens to anyone else. Specifically, what you receive when you buy Star Tokens is a limited, personal, non-transferable, non-sublicensable, revocable license from us to use the virtual currency for services that we offer at our sole discretion. The price of Star Tokens and number of Star Tokens that need to be used for a particular service will be shown on Quack prior to you confirming that you wish to proceed. Purchases of Star Tokens are non-refundable. If you are under 18 or the age of majority where you live, you agree that your parent or legal guardian gave you permission to purchase Star Tokens and agrees to these Rules directly with us. If you close your account, you will lose your Star Tokens and you agree that we don't owe you anything in this situation.

We accept certain methods of payment which we describe on Quack. These forms of payment may be subject to restrictions and, if these restrictions apply, you may not use that form of payment. If you are using a payment card for a purchase, we may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the "Submit" or similar button or link. Billing to your payment card occurs at that time or shortly afterward. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to pay all amounts due as soon as we ask you to.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Quack account registered to you. You agree that we can change the prices of Star Tokens and any of our services in any manner and at any time as we may determine in our sole discretion. These changes take effect after we have notified you of them.

15. SUBSCRIBING TO STAR CHANNELS, STAR CHATS AND OTHER CONTINUOUS SERVICES

Quack lets you subscribe for certain continuous services (such as access to exclusive Star channels and chats) at a rate of a particular number of Star Tokens per month. To subscribe for one of these services, you can: (i) use Star Tokens that you've already accumulated; (ii) commence a monthly Star Token purchase plan with us if you don't already have one; or (iii) adjust your existing monthly Star Token purchase plan as necessary to account for the additional Star Tokens you'd need to subscribe to that service going forward. After you've subscribed for a continuous service, we'll deduct from your Star Token balance the number of Star Tokens needed to receive that service for that month, and automatically deduct that number of Star Tokens from your balance every following calendar month until you unsubscribe from that service, have insufficient Star Tokens to continue receiving that service, or are blocked from further receiving that service. If you unsubscribe from a continuous service, you'll continue to have access to it until the time at which you need to use additional Star Tokens to continue receiving it. Your ability to continue receiving a continuous service is subject to your compliance with these rules and may be at the discretion of a Star. If the Star associated with a continuous service blocks you from receiving it, you'll no longer be able to continue receiving it. We won't return to you any Star Tokens that you used to subscribe to a service unless: (i) that service is discontinued within 14 days after you subscribed to the service; or (ii) we decide to do so at our sole discretion.

When you commence a monthly Star Token purchase plan with us, we'll charge you the amount specified for the number of Star Tokens you wish to receive per month upon your confirmation, and we'll automatically charge you that amount for that number of Star Tokens every following calendar month until you cancel the plan. When you adjust an existing monthly Star Token purchase plan with us, we'll explain the new terms of the plan on Quack and when they become effective. You can manage and cancel your monthly Star Token purchase plan in your Apple App Store or Google Play account settings at any time.

16. QUACK'S RIGHTS

We're super proud of Quack and so we're saying (or Quackin') loudly and proudly that we own Quack and everything on it. We give you permission to use Quack as long as you follow these rules.
To the fullest extent permitted by applicable law, we can change these rules at any time and will try our best to let you know about any major changes for example through social media, an update posted on the Site or a push notification in the App. If you disagree with our changes, you'll have to stop using Quack. If you keep using Quack after any changes, we'll assume you're okay with them.
To the fullest extent permitted by applicable law, we may update and change Quack at any time. We will try our best to let you know about any major changes for example through social media, an update posted on the Site or a push notification in the App.
We're very happy to hear your thoughts and ideas about Quack but if you tell us them, and we use them, we don't have to pay you any money for them or tell anyone that it was your idea. Specifically, you grant us a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any feedback you give us in regard to Quack.
To the fullest extent permitted by applicable law, we can ban you from Quack if you break our rules, if we think you might try to break the rules or if you lie to us in any way.
If you break the law, or we think you might try to break the law, we will tell the police and share your information with them, and if we are asked by an authority to assist with an investigation involving you, we may reasonably cooperate with law enforcement. We'll stop you getting access to your profile and Quack, and we can also do our own research on you.
If we're not convinced that you are who you say you are, or that you might be putting other people in danger, we can do some research on you.
If you get into an argument with another Quack user or have any claim or complaint against a Quack user, or another Quack user has a claim or complaint against you, Quack doesn't have to get involved and may choose not to get involved. Any argument, claim or complaint will be between you and the other Quack user.

17. HOW TO COMPLAIN ABOUT SOMEONE

We can't control what people say to each other or do on Quack. If you think someone's not following these rules, we can help:

Profile

Go to the user’s profile
Tap ’Report’ at the bottom of the page
Choose one of the report options

Channel/Group

Go to the channel or group that you want to report
Tap the header
Tap ‘Report’ at the bottom of the page
Choose one of the report options

Specific Message

Report a specific message by holding down the message
Tap ‘Report’
Chose a report option

Once we get your report, we'll review it as soon as possible.

18. OUR RESPONSIBILITY TO YOU

Don't try to make money from Quack and don't ask or make anyone pay you to use Quack. We won't be responsible to you for anything that happens if you try.

If you are applicable for a cash-out reward via Last Taps or Refer a Friend, the conditions outlined in the app apply. These conditions can be found in the top right hand corner of the app when referring or playing Last Taps.

As further detailed in the provision below in ALL CAPS, we can't promise that Quack will always be available. We won't be responsible to you for anything that happens if you can't access Quack.

As further detailed in the provision below in ALL CAPS, to the fullest extent permitted by applicable law, if we are ever found to be responsible to you for anything, for example if you suffer any loss because you can't access Quack or you suffer any loss because of another Quack user, we'll give you max. £100 compensation.

If you are a consumer, the law of your country applies to these rules. Otherwise, English law applies to these rules.

If you are a consumer, if you want to complain about us, you can bring your complaint in the courts of England or the courts where you live. Otherwise, the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these rules or their subject matter or formation, unless you are a non-consumer living in Russia in which case all disputes arising out of or in connection with these rules or their subject matter or formation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce in accordance with the said Rules. Number of arbitrator(s) - one. Language of arbitration - English. Place of arbitration - London, UK. The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply, provided the amount in dispute does not exceed GBP 100,000 at the time of the communication referred to in Article 1(3) of the Expedited Procedure Rules.

If you want to complain about us, please tell us ASAP (though this does not affect any legal rights you may have to make a complaint or bring proceedings later).

19. WE MAY GIVE THESE RULES TO SOMEONE ELSE

We have lots of companies that we're connected with (see, we've got our own Quack Circle too) and we may give these companies our rights or ask them to do stuff instead of us, under these rules. If you'd like more information on who might receive your information, please see our Privacy Policy.

If we sell Quack or if another company joins our Quack group in the future (we're always happy to let others into our Quack Circle), these new companies may govern or make changes to these terms.

We might also share information about you with our connected companies, as detailed in our Privacy Policy.

We will try our best to let you know if another Quack company governs or makes changes to these rules.

These rules may be enforced in part, including if some of them are determined to be unenforceable.

We do not waive any of our rights or remedies under these rules, even if we do not address any one or more specific violations of these rules by you promptly.

You agree to compensate us for any legal or professional fees we have because of any violation of these rules by you, including due to any dispute with you.

20. DISCLAIMERS, LIMITATIONS OF LIABILITY, RELEASE, and INDEMNITY

A. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THESE RULES, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) QUACK; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH QUACK, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH QUACK IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT QUACK WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF QUACK WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

B. LIMITATION OF LIABILITY AND RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR SUPPLIERS (INCLUDING ANY OF OUR OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE QUACK OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON QUACK, EVEN IF WE OR ANY OF OUR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES OR LOSSES SUFFERED BY YOU UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED £100.

C. INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THESE RULES BY YOU AND ANY ACTION OR OMISSION COMMITTED BY YOU RELATED TO YOUR USE OF QUACK.

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