
(ii) in relation to each Content Provider, the Content,
and in each case their respective Intellectual Property. Nothing you do on, in relation to, or in connection with, KODO or any
Content will transfer any rights in any Intellectual Property or otherwise, to you, or license to you any such rights.
You agree not to do anything that interferes with or breaches any Intellectual Property rights in KODO and/or the Content.
Notwithstanding the above, where KODO permits you to download, store or print Content (for example, a ‘reward’), You will
not breach this clause 5 by downloading, storing or printing in accordance with the terms of the relevant Content provided
you make no alterations to that Content.
6. Limitation of Liability
To the extent permitted by applicable law:
(i) you acknowledge that KODO is provided by the Licensor on an "as is" basis. The Gapbuster Group makes no
warranties, express or implied, and expressly disclaims and negates all other warranties, including without
limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or other
violation of rights to the furthest extent permitted by law. The Gapbuster Group does not warrant or make any
representations concerning the accuracy, likely results or reliability of access or use of KODO or any Content.
The Gapbuster Group is in no way liable for the performance (or lack or breach thereof) of any agreement made
between you and any Content Provider; and
(ii) you agree to defend, indemnify and hold harmless the Licensor, its parent and subsidiary corporations, its
Content Providers and the officers, directors, employees and agents of each, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal
fees and costs) arising from: (a) Your use of KODO and access to the Content; (b) Your violation of any term of
this Licence Agreement; (c) Your violation of any third party right, including without limitation any copyright,
property, or privacy right; or (d) any claim that You caused damage to a third party by reason of or in
connection with your use of KODO. This defence and indemnification obligation will survive termination of this
Licence Agreement and Your use of KODO.
You affirm and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set out in this Licence Agreement, and to abide by and comply with the same. In any case,
You affirm and warrant that you are over the age of 13, as KODO is not intended for children under 13. If You are under 13
years of age, You are prohibited from accessing or otherwise using KODO.
You acknowledge and agree that You have been given a reasonable opportunity to review the terms contained in and/or
incorporated by reference into the terms of this Licence Agreement and that You are bound by them.
You acknowledge and agree that each member of the Gapbuster Group and any other party connected with KODO (including
any Content Provider) will not be liable for any damages whatsoever (including, without limitation, damages for loss of data
or profit, or due to business interruption) arising from or in connection with Your use of or inability to use KODO. You
acknowledge and agree that this limitation of liability will apply, even in circumstances where You have notified the Licensor,
the Gapbuster Group or an authorized representative of any member of the Gapbuster Group (whether orally or in writing)
of the possibility of such damage.
Certain laws may limit the applicability of the limitations contained in this Licence Agreement (including under clauses 6, 7
and 8) so that they may not apply to You or may only apply to a limited extent. Any limitation on each member of the
Gapbuster Group’s liability applies to the furthest extent permitted by any such law.