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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOU MAY USE THE SOFTWARE, ANY ASSOCIATED DOCUMENTATION (DOCUMENTATION), AND THE POCKETTHIS SERVICE (SERVICE) PROVIDED THAT YOU AGREE TO THE TERMS CONTAINED IN THESE TERMS OF USE (COLLECTIVELY, THE AGREEMENT) WHILE REGISTERING FOR THE POCKETTHIS WEBSITE AND SERVICE. IF YOU DO NOT ACCEPT THE AGREEMENT YOU WILL NOT BE ABLE TO ACTIVATE OR USE THE SERVICE. THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION ARE AND WILL BE DRAFTED IN ENGLISH. LES PARTIES AUX PRÉSENTÉS CONFIRMENT LEUR VOLONTÉ QUE CETTE CONVENTION DE MÊME QUE TOUS LES DOCUMENTS Y COMPRIS TOUT AVIS QUI S'Y RATTACHÉ, SOIENT REDIGÉS EN LANGUE ANGLAISE.
MODIFICATIONS TO AGREEMENT
PocketThis may at any time, and without notice, modify, update, or otherwise change the provisions of this Agreement, and you agree that you are deemed to be apprised of, and to be bound by such changes. Accordingly, we encourage you to visit the PocketThis website from time to time to review the current version of this Agreement.
PocketThis is providing you with a unique service to manage, consolidate and transport electronic information via the PocketThis proprietary technology. PocketThis currently does not charge you for the Service. You must: (1) provide all equipment necessary for accessing and utilizing the Service; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with such access. In consideration for the licenses granted hereunder, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during registration and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data (Registration Data). All Registration Data will be handled in accordance with the terms of the PocketThis Privacy Policy . PocketThis reserves the right to terminate your membership and rights to use the Service if PocketThis learns that you have provided PocketThis with false, inaccurate or misleading Registration Data or have otherwise violated this Agreement.
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LICENSE
PocketThis grants you a non-exclusive revocable license (the License) to install and use any necessary software used in connection with the Service (Software) solely for your personal non-commercial use. You may copy the Software for back-up and archival purposes only, provided that any such copy contains all of the original proprietary notices included with the Software. You may not: (a) license, sublicense, lease, rent, or otherwise transfer rights to the Software, Service or Documentation; (b) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Software, Service or Documentation; (c) remove any proprietary notices or labels on the Software, Service or Documentation; (d) sell, resell or exploit for any commercial purposes, any use of the Service; (e) use the Service in conjunction with any device or software designed to circumvent technological measures employed to control access to, or the rights in, work protected by copyright; or (f) bypass the Service and directly access any individual components that are included in the Service.
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INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Software, the Service, the PocketThis web site, and the Documentation -- including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property) are the sole property of PocketThis or its third party licensors, and may not be copied, reproduced, modified, uploaded, transmitted, or distributed in any way without PocketThis' or the appropriate third party's written permission. Except as provided herein, PocketThis does not grant to you any express or implied rights to PocketThis' or any third party's Intellectual Property. Any rights associated with content, which is transmitted, downloaded, uploaded, stored or otherwise processed by the Service itself, shall be retained by the content owner, if any, and may be protected by applicable copyright, trademark, or other laws. For the purposes of this Agreement, the term "Content" refers to any of the various files, data, and media types which can be sent, received, or processed by the Service in accordance with a variety of protocols, including, without limitation, text, graphics, video, audio, streaming media, e-mail, chat, HTML, instant messaging, and the like. This Agreement does not grant you any rights in and to such Content.
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TERMINATION
PocketThis may terminate this Agreement at any time with or without cause. Upon such termination you agree to immediately uninstall or otherwise destroy all copies of the Software and any accompanying Documentation and to certify the same to PocketThis. You also agree that PocketThis, in its sole discretion, may terminate your use of the Software and access to all or a portion of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, or if PocketThis believes that you have violated this Agreement. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that PocketThis may immediately deactivate or delete your account and all related information, Content, or other files in your account and/or prevent any further access to such files or the Service. Further, you agree that PocketThis shall not be liable to you or any third-party as a result of PocketThis' termination of your use of the Software or your access to the Service.
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ACCEPTABLE USE
In consideration for your use of the Software and the Service, you agree to maintain your password to the PocketThis Service in secrecy and to prevent its disclosure to any third party. You are solely and entirely responsible for maintaining the confidentiality of your password and for any and all activities which occur under your account. You agree to immediately notify PocketThis of any unauthorized use of your account or any other breach of security of which you are aware.
You agree that you will use the Service in a manner that complies with all applicable, international, federal, state, and local laws, and you acknowledge that you are solely responsible for any Content that you upload, download, transmit or otherwise process using the Service.
You agree not to:
(a) upload, download or transmit via the Service any data, text, video, audio, software, or other Content that is offensive, obscene, pornographic, inflammatory, harassing, threatening, tortuous, invasive of another's privacy, abusive, hateful, defamatory, armful to minors, or is otherwise objectionable;
(b) upload, download, store or transmit via the Service any Content that infringes any patent, trademark, copyright, rights of publicity, or other intellectual property right;
(c) upload, download, store or transmit via the Service any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
(d) upload, download, store or transmit via the Service any unsolicited promotional Content, advertising materials, "spam," chain-letters, or other such solicitation;
(e) use the Service to publicly broadcast, transmit, or display Content for "pay-per-download" or other commercial purposes;
(f) use the Service to transmit Content which includes a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Service or any Internet host;
(g) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted Content, including impersonating another person or entity;
(h) disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service or affiliated or linked services; or
(i) harvest or otherwise collect information about others, including e-mail addresses, without their express consent.
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LIMITATION OF LIABILITY
PocketThis assumes no responsibility for Content downloaded, uploaded, stored, or otherwise processed by the Service. Accordingly, if you choose to use the Service, you do so at your own risk. For example, you acknowledge that:
(a) Any Content you transmit using the Service will be treated by PocketThis as not being confidential to you.
(b) You are aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet, including the Service, and that any Content you store or transmit may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission. PocketThis cannot and will not guarantee the security of any of the Content stored or transmitted by the Service.
(c) You may be subjected to email, instant messages, video, and other Content, which is pornographic, defamatory, hateful, or otherwise objectionable to you.
(d) You are solely responsible for ensuring that the Content, and any transmission, storage or processing of the Content, does not violate the Intellectual Property rights of others.
IN NO EVENT SHALL POCKETTHIS, ITS VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICE OR POCKETTHIS DOCUMENTATION OR ANY THIRD PARTY PRODUCT OR SERVICE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF A PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERROR, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. POCKETTHIS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF POCKETTHIS FOR DAMAGES HEREUNDER SHALL NOT EXCEED $100.00.
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NO WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION COVERED UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND ACCURACY. POCKETTHIS DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. POCKETTHIS, ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE. POCKETTHIS, ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PART SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. UNDER NO CIRCUMSTANCE WILL POCKETTHIS, ITS VENDORS AND SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE OR A THIRD PARTY SOURCE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OR ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A THIRD PARTY SOURCE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
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INDEMNITY
You agree to indemnify and hold PocketThis and its vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service (or the Service by persons using your password), any Content you submit, transmit, store, upload or download through the Service, or any violation of this Agreement or the rights of others.
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MODIFICATIONS TO SERVICE
PocketThis reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. PocketThis may also change your priority of access to the Service with respect to other users. PocketThis may modify or update the Service, Software and/or Documentation at any time without notice.
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DISCLOSURE OF CONTENT/MONITORING OF BULLETIN BOARDS ON POCKETTHIS WEB SITE
Although PocketThis has no obligation to monitor the Content of its users via the Service, it reserves the right to monitor, retain, and disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of PocketThis, its users, or the public.
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PRIVACY POLICY
For detailed information regarding PocketThis' use of your Registration Data and other user information, please read our Privacy Policy . You should be aware that third party sites and sources may contain confidentiality provisions that differ from the provisions provided herein. PocketThis is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
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INFRINGEMENT
PocketThis respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), PocketThis has designated an agent to receive notifications of alleged copyright infringement associated with the Service. PocketThis will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
US Mail:
PocketThis
Attn: Copyright Agent
1922 Webster St.
Oakland, CA 94612
Email: [email protected]
Phone: 510.835.4300
Fax: 510.834.3674
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the individual(s) believed to be engaged in the alleged infringing activity;
d) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
e) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
f) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
g) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PocketThis reserves the right to terminate your use of the Service for any actual or alleged copyright infringement.
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EXPORT REGULATIONS
You may not export from the United States or allow the export or re-export of any part of the Software in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.
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MISCELLANEOUS
Entire Agreement. This Agreement shall constitute the complete and exclusive agreement between you and PocketThis. While PocketThis reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of PocketThis execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement.
Applicable Law. THIS AGREEMENT IS SUBJECT TO APPLICABLE UNITED STATES FEDERAL LAWS AND FEDERAL AND STATE TARIFFS, IF ANY, AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS, AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS RESIDING IN THE STATE OF CALIFORNIA. ANY AND ALL UNRESOLVED DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SUBMITTED TO ARBITRATION IN THE STATE OF CALIFORNIA. THE ARBITRATION SHALL BE CONDUCTED UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. WHERE THE SERVICE AND THIS AGREEMENT ARE REGULATED BY A STATE AGENCY OR THE FCC, THE REGULATIONS ARE AVAILABLE FOR YOUR INSPECTION; IF THERE IS ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND THOSE REGULATIONS, THE REGULATIONS WILL SUPERCEDE THIS AGREEMENT ONLY TO THE EXTENT THERE ARE CONFLICTING TERMS.
Assignment. PocketThis may assign its rights and duties under this Agreement without such assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of PocketThis.
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