Acceptance of Terms:
PowWow Mobile, Inc. (“PowWow” or “us” or “we”) welcomes you to our Site! The “Site” means www.powwowmobile.com, any mobile or localized versions, and related sub-domains, in whatever format they may be offered now or in the future. Through the Site, we may provide you with general information regarding our company, products and services.
PowWow also offers enterprise software products, online hosted offerings, and related services (collectively, the “PowWow Offerings”). Use and provisioning of the PowWow Offerings are subject to separate terms, such as our Master License Agreement, and these Terms do not apply to use of or access to the PowWow Offerings, except where otherwise noted.
Permission to Use the Site
You have our permission to use the Site, but only if:
- you are 13 years old or older;
- you are using the Site for informational and internal business purposes (personally or on behalf of your company); and
- you follow all the rules and restrictions we’ve spelled out in these Terms.
Accounts; Passwords; Security
You may need to set up an account in order to use all or parts of the Site. When setting up your account, you must give us accurate and complete information. This means you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else or use someone else’s account without their permission. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By “User Content”, we mean any Content a user posts to the Site. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site.
Restrictions on User Content and Your Conduct
You may not:
- post User Content that you don’t own or don’t have permission from the owner to post; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
- post User Content that is inaccurate, fraudulent, misleading, illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
- forge headers or manipulate other identifiers in order to disguise the origin of any User Content you post;
- use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
- upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) to or from the Site that is likely to harm or corrupt our Site, or harm or corrupt our or anyone else’s computer systems or data;
- solicit, for commercial purposes, any users of our Site; this includes transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- impersonate anyone else or lie about your affiliation with another person or entity;
- use our Site to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
- collect or gather other people’s personal information (including account information) from our Site; or
- use our Site for any other illegal purpose.
We have the sole right, but not necessarily the obligation, to delete or edit at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
Intellectual Property Rights in User Content
If you post User Content, you are making a guarantee to us that you either own all the User Content you are posting, or you have the right to post the User Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post your User Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed.
You also agree to sharing and use of your User Content by other users as set forth in these terms.
User Content You Post Becomes Public
You understand that once you post your User Content, your User Content becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Site.
In addition, we may share your User Content with third parties if we have a good faith belief that access, use, preservation or disclosure of your User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of PowWow, its users or the public as required or permitted by law.
We Are Not Responsible for User Content
We generally do not monitor or review any User Content. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, as further set forth below, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
In addition, we are not a content-archiving service. We do not promise to store or make available on our Site any User Content that you post, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Site.
The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws and PowWow and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site (other than User Content). If you give feedback on the Site, for example recommendations for improvements or features, we have the right to use the feedback in any way and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. We also reserve the right to make changes or updates to the Site or Content provided on or through the Site at any time without notice and we will own any such changes or updates (excluding User Content).
You may not:
- decompile, reverse engineer or disassemble any object code which is part of or made available through the Site into a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance;
- copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Site;
- modify or create any derivative work of any part of the Site;
- disable, interfere, or try to get around any of the features of the Site related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Site or the Content on the Site; or
- use, export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
All brand, product and service images, logos and names used in the Site that identify PowWow or our suppliers and our or their proprietary products and services are the trademarks or service marks of PowWow or our suppliers. Nothing in this Site shall be deemed to confer on any person any license or right on the part of PowWow or such supplier with respect to any such image, logo or name.
Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Site to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. In addition to our other rights and remedies, we may also terminate your account if we determine that you are a repeat copyright infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had their User Content removed from our Site more than twice.
Notify Us of Infringers
If you believe that something on our Site violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is as follows:
PowWow Mobile, Inc.
594 Howard St., Suite 301
San Francisco, CA 94115
Attention: Andrew Cohen
In order for us to take action, your notice must include the following:
- your physical or electronic signature;
- a description of the copyrighted work that you believe is being infringed;
- a description of the item on our Site that you think is infringing your work and sufficient information about where the material is located on our Site (including the URL) so that we can find it;
- a way to contact you, such as your address, telephone number, or e-mail;
- a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Site; and
- a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Again, we cannot take action unless you give us all the required information.
How to Communicate with Us
Only notices about copyright infringement should go to our copyright agent. If you have anything else to communicate with us (like feedback, comments, or requests for technical support), you should contact us through our customer service department at Services@powwowmobile.com.
You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will PowWow or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Links to Other Sites
Our Site may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING OUR CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POWWOW AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
POWWOW AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT POWWOW WILL FIX ANY ERRORS; OR (iii) ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIALS OBTAINED THROUGH USE OF THE SITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND POWWOW SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SITE OR ANY CONTENT OBTAINED FROM THE SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, POWWOW AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY indirect, INCIDENTAL, special, punitive, or CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING from or related to YOUR USE OF THE SITE OR any content provideD BY OR THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES AND LIABILITIES ARISING FROM: (i) your USE OR INABILITY TO USE our site; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE site; OR (iv) ANY OTHER MATTER RELATING TO THE site.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, POWWOW’S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER [ANY CIRCUMSTANCES RELATING TO YOUR ACCESS TO THE SITE OR OTHER ACTIVITIES GOVERNED BY] these terms IS LIMITED TO A MAXIMUM AMOUNT OF one hundred dollars (USD$100).
You agree to indemnify, defend (if we so request) and hold harmless PowWow and its affiliates, suppliers, partners and agents from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from your User Content, your use of the Site, your connection to the Site, your violation of these Terms or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms and your use of the Site.
Termination and Suspension
We may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Site for any of these reasons or otherwise for cause, we will not refund any fees you may have paid for access to the Site.
Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Site. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.
- General Terms
YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE (1) year after the event that gave rise to your lawsuit. OTHERWISE, your lawsui