The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. You and MadThumbs hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. Third-Party Sites are not owned or operated by MadThumbs and MadThumbs has no control over and makes no representation about the materials that appear on such Third-Party Sites. The term "Dispute" means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void. For convenience, the following format may be used: We reserve the right to terminate any account reported for infringing on the intellectual property of any third party, and we will act expeditiously to remove access to all identifiable material that is alleged to infringe on a third party's copyright, according to the procedure set forth in 17 U. Please provide the specific URL if possible. Indemnification You hereby agree to defend, indemnify and hold harmless MadThumbs along with its affiliated entities, agents, managers, employees, attorneys, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including, without limitation, attorneys' fees, arising from your use of MadThumbs or the activities conducted using your username and password on MadThumbs. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. Arbitration take place in Miami-Dade County, Florida, exclusively. You and MadThumbs hereby agree that no action whether for arbitration, damages, injunctive, equitable or other relief, including rescission will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. The obligation to arbitrate is not binding upon MadThumbs with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content. A counter- notification is the proper method for the Recipient to dispute the removal or disabling of material the "Material" pursuant to a Notice. We will, in our sole and absolute discretion, cooperate with any party who sends us a Notice of Infringement, including providing all information about your account in our possession such as your account information, upload information, IP address and, if you are a Cash4Porn user, your payment information. Then, the affected user may submit a counter-notification to the above designated agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material.