By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site.
Your Use of the Site
You may use the Site solely for personal and non-commercial purposes and subject to these Terms, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
Our Use of Content You Provide
Pod Particle is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you share on the Site or with Pod Particle directly (“User Content”), worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, modifying or improving podparticle.com. In addition, you agree not to enforce any “moral rights” in and to the User Content, to the extent permitted by applicable law.
You represent and warrant that nothing contained within the User Content would require Us to seek permission of a third party in order to use the User Content as described in these Terms. Any User Content uploaded to the Site will be deemed non-confidential.
This Site is not intended for users under the age of 13, and we do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
All materials on the Site, including, without limitation, articles, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. Except as set forth herein, you agree not to use, copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by Pod Particle.
The content provided on the Site, including content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Site and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
Acceptable Use Policy
We appreciate everyone who wants to participate in the discussions on this the Site, but we also want to make sure that in doing so, we’re all treating each other like human beings. If you notice any violation of these Terms (including this Acceptable Use Policy) or other unacceptable behavior by any user, you should report such activity to Us at email@example.com.
You are solely responsible for the content that you post on the Site or transmit to other users and agree that you will not hold Us responsible or liable for any content you access from other users of the Site.
Below is a list of examples of content that you are prohibited from posting to the Site. This list is not intended to be exhaustive, and We retain complete discretion to determine whether content you post to the Site is acceptable. Any content posted on the Site that We determine is unacceptable may be removed from the Site in our sole discretion.
Without limitation, you will not post or transmit to other users any content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Site);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual;
- promotes or encourages violence or contains sexually explicit material;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- contains personal information of any party such as phone numbers, addresses, car registration numbers etc;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
We are under no obligation to screen or monitor content provided by Site users (unless so required by law), but We may review such content from time to time, at our sole discretion, to review compliance with these Terms. We may include, edit or remove any User Content at any time without notice and at our complete discretion.
You understand that when using the Site, you will be exposed to content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Site.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell use of, or access to, the Site to any third party.
Links to Third Party Sites
Disclaimer of Warranties
THE SITE AND ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. POD PARTICLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL POD PARTICLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
You agree to indemnify, defend, and hold harmless Pod Particle and its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms, violation of any law or regulation, or violation of any proprietary or privacy right.
THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS.
U.S. Digital Millennium Copyright Act Notice
If you believe that your work has been copied in any way without your permission, please provide the following information to our agent to receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:
- Your electronic or physical signature;
- A description of the work you claim has been infringed;
- Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Website;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner’s agent or by law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent to receive Notification of Claimed Copyright Infringement can be reached as follows: firstname.lastname@example.org
Changes to the terms
We may at any time revise these Terms by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms to which you are bound.