Danger, Inc. Corporate Web Sites Terms of Use
Welcome to the Danger, Inc. corporate Web site. The following terms and conditions ("Terms of Use") govern your use of the Web site you are currently viewing, poweredbydanger.com (collectively, the "Sites"), and the materials accessible on or from the Sites. PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING OR USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES.
Copyright
The content of the Sites, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of Danger, Inc. ("Danger"), its partners and customers, and is protected by U.S. and international copyright laws. Neither the Sites nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Danger, except that you may download Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Copyright Complaints
Danger respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our Procedure for Making Claims of Copyright Infringement.
Trademark
Danger®, hiptop®, the Danger logo, the hiptop logo and the PoweredByDanger logo are trademarks and/or service marks of Danger, Inc. in the United States and other countries. Danger's trademarks may be used only with Danger's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Sites are the property of and may not be used without permission of their respective owners.
Privacy
Danger collects information when you visit the Sites and when you register to use certain features of the Sites. For a description of what information Danger collects and how that information is used, please see the Danger, Inc. Corporate Web Sites Privacy Policy.
Links
The Sites may contain links to other Web sites operated by third parties. Danger is not responsible for the content or the privacy practices of those third party Web sites. Danger makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party Web sites or services accessible by hyperlink from the Sites. Danger provides these links for your convenience only and Danger does not control such Web sites. Danger's inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.
User Conduct and Submissions
You agree to the Danger, Inc. Corporate Websites User Conduct Rules, which prohibit your use of the Sites for unlawful or objectionable purposes. Please review the User Conduct Rules.
You acknowledge that Danger does not pre-screen content posted to or transmitted through the Sites, but that Danger shall have the right (but not the obligation) to remove any content that Danger believes, in its sole discretion, (i) violates these Terms of Use, (ii) violates the Danger, Inc. Corporate Web Sites User Conduct Rules, or (iii) is irrelevant to the topics of discussions hosted on the Sites or otherwise inconsistent with the Sites' purpose. In addition, Danger reserves the right to disclose all content that you upload, post, email, transmit or otherwise make available via the Sites if required to do so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal process served on Danger, to protect and defend the rights or property of Danger, our partners or our customers, whether or not required to do so by law, or to protect the personal safety of our customers or the public. Danger assumes no responsibility or liability arising from any such content nor for any error, libel, slander, omission, falsehood, obscenity, or infringement resulting from such content. The display of content that you post on or transmit through the Sites does not constitute Danger's endorsement or approval of such content.
You also agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Danger are non-confidential and you grant to Danger a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Danger's sole discretion and without compensation to you. You also grant to Danger the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.
Site Resources
You agree that Danger may regulate and set limits on your use of the Sites' resources and services, including limiting the amount of time your submissions remain posted on the Sites or the number of postings you may be permitted. You also agree that Danger reserves the right to change these limits or policies regarding the Sites' resources at any time, with or without notice. You agree that Danger has no liability or responsibility for the deletion or failure to store any content you maintain, access, or transmit through the Sites.
Disclaimer of Warranties
THE SITES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY DANGER AND ITS CUSTOMERS AND PARTNERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANGER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DANGER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITES, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL DANGER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITES OR ANY OTHER SERVICES ACCESSED THROUGH THE SITES, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DANGER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DANGER'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Changes to Site
Danger reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that Danger will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites.
Changes to Terms of Use
Danger reserves the right to change or modify any of the Terms of Use at any time and in its sole discretion. If the Terms of Use change, we will post the new terms on the Sites as the then current Terms of Use. Any changes or modifications will be effective upon posting of the new Terms of Use on the Sites as revised. Your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.
Applicable Law and Jurisdiction
Your use of the Sites and these Terms of Use shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all claims arising out of or relating to this agreement.
General Provisions
You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and Danger. Any modifications of this agreement must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
Termination
Danger may terminate your use of the Sites for any reason, with or without notice, including if you violate any of the User Conduct Rules.
Last Modified: April 5, 2007
Back to top | Legal Notices
Welcome to the Danger, Inc. corporate Web site. The following terms and conditions ("Terms of Use") govern your use of the Web site you are currently viewing, poweredbydanger.com (collectively, the "Sites"), and the materials accessible on or from the Sites. PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING OR USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES.
Copyright
The content of the Sites, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of Danger, Inc. ("Danger"), its partners and customers, and is protected by U.S. and international copyright laws. Neither the Sites nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Danger, except that you may download Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
Copyright Complaints
Danger respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our Procedure for Making Claims of Copyright Infringement.
Trademark
Danger®, hiptop®, the Danger logo, the hiptop logo and the PoweredByDanger logo are trademarks and/or service marks of Danger, Inc. in the United States and other countries. Danger's trademarks may be used only with Danger's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Sites are the property of and may not be used without permission of their respective owners.
Privacy
Danger collects information when you visit the Sites and when you register to use certain features of the Sites. For a description of what information Danger collects and how that information is used, please see the Danger, Inc. Corporate Web Sites Privacy Policy.
Links
The Sites may contain links to other Web sites operated by third parties. Danger is not responsible for the content or the privacy practices of those third party Web sites. Danger makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party Web sites or services accessible by hyperlink from the Sites. Danger provides these links for your convenience only and Danger does not control such Web sites. Danger's inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.
User Conduct and Submissions
You agree to the Danger, Inc. Corporate Websites User Conduct Rules, which prohibit your use of the Sites for unlawful or objectionable purposes. Please review the User Conduct Rules.
You acknowledge that Danger does not pre-screen content posted to or transmitted through the Sites, but that Danger shall have the right (but not the obligation) to remove any content that Danger believes, in its sole discretion, (i) violates these Terms of Use, (ii) violates the Danger, Inc. Corporate Web Sites User Conduct Rules, or (iii) is irrelevant to the topics of discussions hosted on the Sites or otherwise inconsistent with the Sites' purpose. In addition, Danger reserves the right to disclose all content that you upload, post, email, transmit or otherwise make available via the Sites if required to do so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal process served on Danger, to protect and defend the rights or property of Danger, our partners or our customers, whether or not required to do so by law, or to protect the personal safety of our customers or the public. Danger assumes no responsibility or liability arising from any such content nor for any error, libel, slander, omission, falsehood, obscenity, or infringement resulting from such content. The display of content that you post on or transmit through the Sites does not constitute Danger's endorsement or approval of such content.
You also agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to Danger are non-confidential and you grant to Danger a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Danger's sole discretion and without compensation to you. You also grant to Danger the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.
Site Resources
You agree that Danger may regulate and set limits on your use of the Sites' resources and services, including limiting the amount of time your submissions remain posted on the Sites or the number of postings you may be permitted. You also agree that Danger reserves the right to change these limits or policies regarding the Sites' resources at any time, with or without notice. You agree that Danger has no liability or responsibility for the deletion or failure to store any content you maintain, access, or transmit through the Sites.
Disclaimer of Warranties
THE SITES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY DANGER AND ITS CUSTOMERS AND PARTNERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANGER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DANGER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITES, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL DANGER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITES OR ANY OTHER SERVICES ACCESSED THROUGH THE SITES, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DANGER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DANGER'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Changes to Site
Danger reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that Danger will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites.
Changes to Terms of Use
Danger reserves the right to change or modify any of the Terms of Use at any time and in its sole discretion. If the Terms of Use change, we will post the new terms on the Sites as the then current Terms of Use. Any changes or modifications will be effective upon posting of the new Terms of Use on the Sites as revised. Your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.
Applicable Law and Jurisdiction
Your use of the Sites and these Terms of Use shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all claims arising out of or relating to this agreement.
General Provisions
You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and Danger. Any modifications of this agreement must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
Termination
Danger may terminate your use of the Sites for any reason, with or without notice, including if you violate any of the User Conduct Rules.
Last Modified: April 5, 2007
Back to top | Legal Notices
