THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
SHARING YOUR CONTENT
- Your content: PowToday may now or in the future allow you to post content on the Service, including comments, photos, videos, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.” You retain ownership of your User Content.
- How PowToday and other Users can use your content: You own all of the User Content you post or publish (“post”) on the Service, and you can control how it is shared by adjusting your profile and application settings. Subject to your profile and application settings, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, reproduce, display and distribute your User Content on the Service for the purposes of operating and providing the Service to you and our Users (“User Content License”). Subject to your profile and application settings, you also hereby grant to PowToday and to each User of the Service, a non-exclusive license to access, use, reproduce, distribute and display your User Content as permitted by the functionality of the Service. You understand and agree that the PowToday Service is a public platform and other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.
- Definition of Intellectual Property Rights: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- Your responsibilities:
- PowToday Acceptable Use Policy: To keep PowToday running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the PowToday Acceptable Use Policy.
- Valuing other’s rights: Because we respect the rights of others, you agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the Agreement or the PowToday Acceptable Use Policy.
- How you interact with others on PowToday: PowToday takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PowToday shall not be liable for any damages you allege to incur as a result of User Content.
POWTODAY CONTENT AND FEEDBACK
- Our license to you: Subject to the terms and conditions of this Agreement, PowToday provides you with a license to use the Service for your personal, non-commercial use only and as expressly permitted by the features of the Service. PowToday may terminate this license at any time for any reason or no reason.
- PowToday Content: Except for User Content, all materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, are the property of PowToday and/or its licensors (together “PowToday Content”). Except as expressly provided in this Agreement, you may not sell, license, modify, copy, or otherwise exploit the PowToday Content without our permission.
- Feedback you provide: We love hearing from our Users, and are always interested in learning of ways we can make PowToday better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PowToday under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PowToday does not waive any rights to use similar or related Feedback previously known to PowToday, or developed by its employees, or obtained from sources other than you.
USE OF OUR SERVICE
- Who can use PowToday: Because we respect the rights of children and parents, you may use the PowToday Service only if you can form a binding contract with PowToday, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the PowToday community, the Service is not available to any Users previously removed from the Service by PowToday.
- Your responsibility for your account: You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify PowToday immediately of any breach of security or unauthorized use of your account. PowToday will not be liable for any losses caused by any unauthorized use of your account. When creating your account, you must provide accurate and complete information.
- Changes to the Service: Here at PowToday, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.
- Your interactions with other Users: We think our Users are great. But keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PowToday will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
PRIVACY AND SECURITY:
THIRD-PARTY LINKS, SITES AND SERVICES:
- The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PowToday. PowToday does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk and you expressly relieve PowToday from any and all liability arising from your use of any third-party website, service, or content.