Disclaimer

You understand that all information, data, text, software, music, sound, photographs, graphics, video, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated and who uploaded, posted, transmited or otherwise made it available. BMRK does not control the Content posted and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the BMRK Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BMRK be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the BMRK Services.

You acknowledge that BMRK may not pre-screen Content, and that the Content indexing and the output of the search results are performed automatically.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

BMRK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that BMRK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services (or any part thereof).

You acknowledge and agree that BMRK has no control over the external sites and resources it links to and therefore is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BMRK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

You expressly understand and agree that:

a. Your use of the BMRK services and software are at your sole risk. The BMRK services and software are provided on an "as is" and "as available" basis. BMRK expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

b. BMRK makes no warranty that:

  1. the BMRK Services or software will meet your requirements;
  2. the BMRK Services or software will be uninterrupted, timely, secure or error-free;
  3. the results that may be obtained from the use of the BMRK Services or software will be accurate or reliable;
  4. the quality of any products, services, information or other material purchased or obtained by you through the BMRK Services or software will meet your expectations;
  5. any errors in the software will be corrected.

c. Any material downloaded or otherwise obtained through the use of the BMRK Services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.

d. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the BMRK Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the BMRK Service. Immediately discontinue use of the BMRK Service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

You expressly understand and agree that BMRK shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

  1. the use or the inability to use the BMRK Service;
  2. the cost of procurement of substitute goods and services;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the BMRK Service;
  5. any other matter relating to the BMRK Service.

BMRK respects the intellectual property of others, and we ask our users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please address the file hosting service that has hosted the Content in any way violating your rights:

 

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