Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MEP EMART, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD PARTY PROVIDER OR LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MEP EMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE
Indemnification User agree that user are solely and exclusively responsible for your website, store or ERP and the entirety of your product, service or Product. To the fullest extent permitted by law, user will indemnify and hold harmless to MEP Emart and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Product; (b) breach of these Terms or violation of applicable law by user, your users, or your Product, websites, mobile applications, or business; or (c) a dispute between user and your users.
25. Intellectual Property.
25.1 Your Materials
We do not claim ownership of the Materials user provide to MEP Emart; however, we do require a proof of association or contract or partnership or agreement to those Materials, which says user are the authorized to use those material, User grant MEP Emart a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by user. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that user have all necessary rights in the Materials to grant this license or proof of association. User irrevocably waive all moral rights user may have in the Materials in favour of MEP Emart and agree that this waiver may be invoked by anyone who obtains rights in the materials through MEP Emart, including anyone to whom MEP Emart may transfer or grant any rights in the Materials.
If user owned the Materials before providing them to MEP Emart then, despite uploading them to your MEP Emart Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. User can remove your MEP Emart Store at any time by requesting to delete your Account. Removing your MEP Emart Store does not terminate any rights or licenses granted to the Materials that MEP Emart requires to exercise any rights or perform any obligations that arose during the Term.
You agree that MEP Emart can, at any time, review and delete any or all of the Materials submitted to the Services, although MEP Emart is not obligated to do so.
You grant MEP Emart a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that MEP Emart requires the license to exercise any rights or perform any obligations that arose during the Term.
MEP Emart Intellectual Property User agree that you may not use any trademarks, logos, or service marks of MEP Emart, whether registered or unregistered, including but not limited to the word mark MEP EMART, unless You are authorized to do so by MEP Emart in writing.
You acknowledge and agree that the Terms of Service do not give user any right to implement MEP Emart patents.