SPAKRYU DISCLAIMS ANY LIABILITY
In accordance with these Terms, Evilleads declares that it waives any liability resulting from the Publisher or Advertiser’s failure to comply with the terms of its business dealings with Evilleads or in the event of unfair business conduct, as well as in the event of failure to comply with the terms (relating to the activities of Advertisers and Publishers) set forth in sections 2 and 5 of this Agreement. The Advertiser and Publisher shall be fully liable to the staff and any government agencies for any claims and disputes arising in connection with this Agreement and shall undertake to take any measures that will indemnify Evilleads from any liability. The User acknowledges and undertakes that the Service and/or its SMS Backup depend on the operation of electronic devices and services provided by third parties, such as, for example, electricity suppliers, Internet providers, mobile operators, service providers, etc. In addition, the User acknowledges and undertakes that he may occasionally encounter inefficiencies in the sending of push notifications (including via SMS messages) due to service failures that are not directly controlled by Evilleads (such as, for example, power outages or suspensions, telephone service outages, suspensions or failures, or Internet service outages). To the extent possible, Evilleads will attempt to limit the impact of such inefficiencies on the Service and, where possible, notify the User of such problems without being liable for such inefficiencies. The User acknowledges and undertakes that the Service may not be used if the User needs to be certain of the delivery of push notifications to recipients, or in cases where a delay in the delivery of said push notifications may cause any kind of damage. The User acknowledges that Evilleads may from time to time perform electronic maintenance operations on its own servers and equipment. Furthermore, the User acknowledges that if Evilleads is forced to interrupt the Service to perform such operations, it will make every effort to limit the period of interruption and/or malfunction of the Service. The User also acknowledges and accepts the fact that the software and applications provided by Evilleads may have normal defects inherent in any software. Therefore, Evilleads is not liable for any direct or indirect damages or loss of data resulting from this. Evilleads is not liable for any damages resulting from the User not having a proper Device suitable for running the Software and/or using the Service. The User also acknowledges that the Service and the Software are provided “as is” and “as available”. Evilleads does not warrant, represent or guarantee, expressly or impliedly, that the Service and Software are error-free or uninterrupted, always available, fit for any purpose or secure: therefore,any further warranties and/or liability of Evilleads are expressly excluded.