To the extent permitted by law, neither Vanilla Wind nor its affiliates, directors, employees or contractors, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages arising from or in any way connected with the use of the Website, the content of the Website, any delay or inability to use the Website or otherwise in connection with the Website, whether based on contract, tort, strict liability or otherwise. Subject to applicable law, we shall not be liable for any of the matters in the following non-exhaustive list: mistakes, omissions, interruptions, deletion of files or emails, errors, viruses, delays in operation or any failures of performance, whether or not resulting from natural acts, communications issues, theft, destruction, or unauthorised access to our products and services and records.
We disclaim warranties of any kind in relation to the Websites, either expressed or implied. No oral advice, written or electronically transmitted information given by us, our affiliates, directors, employees or contractors, shall create any warranty under any circumstance.
Vanilla Wind reserves the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion.
Some or all of exclusions or limitations of liability above may not apply to you if you are resident in a country which prohibits such exclusions or limitations of liability. For the avoidance of doubt, nothing in these Terms of Use seeks to exclude or limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. In such case, these Terms of Use shall be read as closely as possible to their current wording notwithstanding the prohibition of such terms.
You agree to fully indemnify Vanilla Wind, its officers, directors, employees, agents, distributors, vendors, affiliates, successors and assigns from and against any and all third party claims, demands, liabilities, costs or expenses resulting from your breach of any of these Terms of Use insofar as they relate to Customer and/or your Public Profile, including but not limited to, any allegations, damages or claims relating to any of your Customer Content, Profile or other postings or communications in any forums or facilities on the Websites, or for infringement or violation of any third-party rights.