POKEN TERMS OF SERVICE
UPDATED: March 1, 2016
TERMS OF SERVICE
Welcome to Poken! We offer you Poken for your personal enjoyment on the condition that you agree to abide by the following terms.
ACCESSING AND USING POKEN, YOU AGREE TO THESE TERMS OF SERVICE:
1. ABOUT THESE TERMS
These terms serve as an agreement between you and us, which you are accepting online, and which govern your use of Poken features, software and hardware. Since Poken is an interactive service, you agree that we may provide you with important information and terms electronically, either by email or by posting such notices online.
2. WE MAY NEED TO CHANGE THESE TERMS
As Poken evolves, we may need to modify these terms. You agree that we may modify these terms at any time. Therefore, you should review these terms regularly to learn about any changes. Your ongoing use of Poken after we post changes to this agreement means that you accept the new terms.
3. YOUR ELIGIBILITY
Here are your eligibility requirements for Poken: (a) for features that require registration, you must complete the registration process and agree to these terms; (b) all contact information you submit must be true, complete, and up to date; and (c) You must be 13 years or older to use and you should be legally capable to enter into contracts. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time. We may refuse the use of any user name that we determine is unacceptable.
4. YOUR RESPONSIBILITIES
You have the following responsibilities when you use Poken. You must keep your log-in information confidential. You must comply with all laws and these terms. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use Poken. You must back up at your own expense any data, such as contact information, files and other data that you desire to keep.
5. OWNERSHIP RIGHTS
The content and software offered by or through Poken are owned by us, our suppliers and others who post or make available such materials. The content and software are protected by copyright and other intellectual property laws and treaties. We and our suppliers reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of Poken. You may not modify, adapt, or create derivative works from Poken. Do not remove proprietary notices. Do not help any one else to do any of the things prohibited in this paragraph.
6. YOUR RIGHTS TO USE POKEN
We offer you the following rights to use Poken provided that you continue to comply with the terms of this agreement. We offer you Poken (including its content, software and services) on a personal, limited and non-exclusive basis for personal and lawful use only. You may not transfer these rights to anyone else.
7. ABOUT OUR SOFTWARE
We may automatically update software on your computer to improve the performance and capabilities of such software. Any updates we provide will be in our discretion; we are under no obligation to provide you with any error corrections, updates or bug fixes. Any software provided as part of Poken is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
8. EXPORT LAWS
The laws of Switzerland and other countries apply to Poken, which prohibit the export or re-export of content, products, services and technology to certain countries and persons. You agree to comply with these laws and regulations at your own expense. You assume sole responsibility for any unauthorized exportation.
Poken is supported by advertising revenue. As consideration for your use of Poken, you consent to our placements of such advertising. Some of the advertisements may be targeted, but please be assured that we will not permit our advertisers and ad networks to collect or store information from Poken that can be identified with you personally, unless you have given your authorization to do so through accepting specific conditions relating to an offer or service beyond our basic service offer.
11. RULES OF CONDUCT
In order to make Poken accessible and a positive experience for all users, and to protect the rights of others (such as their rights of privacy and other legal rights), you agree to abide by the following rules of conduct. You may not engage in any conduct that:
* violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
* offers for sale any content or products;
* is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
* victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* impersonates any person, business or entity, including our employees and agents;
* encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
* offers, promotes or encourages betting or wagering prohibited by law;
* violates this Agreement, guidelines, the anti-spam terms below, or any policy posted on the service;
* interferes with the use of Poken by others;
* is completely commercial in nature, (i.e. ads)
12. NO SPAM
You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Poken to violate the terms of this section. We may terminate your access or use of Poken immediately and take any other legal action if you, or anyone using your access to Poken, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.
We are not obligated for content provided by others. We are not liable for content or materials that are provided by others, including our advertisers. We are not responsible for content on the Internet. We have no duty to pre-screen content. We reserve the right to remove content from Poken for any reason, but we are not responsible for any failure or delay in removing such material.
14. INTERNATIONAL USE
We make no representation that Poken is appropriate or available for use in territories where the service is illegal is prohibited.
15. TERMS FOR PURCHASES
We may offer from time to time services and products for a fee. You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchases. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for any purchases you make from us using your payment method and for any paid feature of the service for which you choose to sign up or use. Prices and availability of any products or services are subject to change at any time.
16. DISCLAIMER OF WARRANTIES
We provide Poken “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of Poken. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
17. LIABILITY LIMITATION
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF POKEN IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON POKEN, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless us, our owners, employees, representatives and agents from all liabilities, claims, and expenses — including attorney’s fees — that arise from your use or misuse of Poken.
19. GENERAL TERMS
These terms make up the entire agreement between you and us regarding your use of Poken. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. You agree that the laws of the canton of Vaud, Switzerland govern these terms and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the city of Lausanne, canton of Vaud, Switzerland, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these terms is unenforceable, the remainder of these terms will continue in force and effect.