4. User’s Grant of License By posting or submitting content to the Site, you grant Eclatv ® and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party. Eclatv ® retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission. disclaimer of warranties you expressly agree that all materials, information, software, products, and services included in or available through the site (the “content”) are provided “as is” and “as available” for your use and that you use this site and any content you choose to download at your sole risk. Eclatv ® does not in any way warrant, either expressly or by implication, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. neither Eclatv ®, nor its partners, and their respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors, make any warranty that the content of the site or any service or merchandise provided through it, is accurate, reliable or correct; that the site or any linked site, will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site.
limitation of liability under no circumstances shall Eclatv ®, nor its partners, and their respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, and the risk of any injury from the foregoing rests entirely with you. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages.our liability in such jurisdictions shall be limited to the extent permitted by law.