
At the Pocketville website, which is accessed at www.inmypocket.com (the "Site"), you have the ability to establish an account for free, play games, earn Pawllers and redeem them for virtual items, activate additional features using codes found on In My Pocket products or promotional items ("Voucher Codes"), and purchase tokens for use in the game. It is very important that both you and your parents review the following rules so that you know what you can and cannot do on the Site. By using this Site, regardless of whether you register for an account, you and your parents (both on your behalf as your parent and on their own behalf as individuals) agree to abide by the terms and conditions set forth in these Terms of Service. In each case in these rules where we say "you", we are referring collectively to the child using this site and to the child's parents (both on the child's behalf and in the parents' own capacity as individuals).
The Site is fully controlled and operated by ME, LLC which does business as MEG (referred to as "MEG" "we," "us," and "our"). We reserve the right to change these Terms of Service and any other rules applicable to the Site from time to time. It is your responsibility to check these Terms of Service and all other rules regularly for changes. If you disagree with any changes, you should stop using the Site. If you continue to use the Site after we make any changes, you will be agreeing to the changes and the revised Terms of Service or rules. The date on which these Terms of Service were last updated is at the bottom of this page.
Our Privacy Policy is a part of and is incorporated into these Terms of Service.
When you register at this Site, you will be asked to make up an account name and password (collectively, your "Account"). WHEN CHOOSING YOUR ACCOUNT NAME, DO NOT USE YOUR REAL NAME OR ANY OTHER INFORMATION THAT CAN IDENTIFY WHO YOU ARE. In addition, you may not use any account name that is offensive or otherwise violates the Code of Conduct below or would violate the rules for User Created Items below.
It is important that you remember your account name and password and that you keep these in a safe place offline. You should not share you account name and password with anyone other than your parents. We will use your account name and password to identify you when you return to the Site. If you forget your account name or password, you may not be able to access your account or use or redeem any Pawllers, Voucher Codes or tokens.
You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account, including the spending and redemption of Pawllers, Voucher Codes and tokens. You agree to: (i) immediately notify us of any unauthorized use of your account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in the unauthorized use of your account and the disclosure of your personal information.
You do not own your account or have any ownership rights in it or in any Pawllers, tokens, Voucher Codes, or virtual items within it. Under these Terms of Service, you are granted a limited, personal, non-transferable, non-commercial, revocable license to use your account to access this Site. (See Ownership of Intellectual Property below.) You may not sell or transfer all or any part of your account, password, Pawllers, tokens, Voucher Codes, or any virtual items in the Site to any other person. You may not use your account for any commercial purposes or in any way that violates these Terms of Service.
We reserve the right to suspend any account that has been inactive for six (6) months or more. If your account has been suspended for inactivity, you may reactivate it by contacting us. Reactivation may take up to 24 hours to complete.
We may terminate or suspend your account and/or access to all or part of this Site (including but not limited to any amount of Pawllers, tokens, Voucher Codes, or virtual items in your account) if we, in our sole and absolute discretion, determine that you have breached these Terms of Service or any other rule applicable to the Site or that your conduct violates applicable law or is otherwise harmful to the Site, other persons or us. Any such termination or suspension shall be without refund or liability to you, including but not limited to any liability arising out of your inability to use or redeem any Pawllers, tokens or Voucher Codes. In addition, we may terminate or suspend your account and/or access to all or part of this Site if we determine to cease all or a portion of our operations and/or the provision of any applicable products or services in connection with this Site. We reserve the right to change any or all of the features of and activities available on this Site at any time without notice.
To help ensure that this Site is used in a safe and enjoyable fashion by all persons, you agree that you will:
In addition to these Terms of Service, the purchase and use of tokens are subject to the [link to Token Purchase Agreement]. ALL SALES OF TOKENS ARE FINAL. TOKENS CANNOT BE RETURNED AND PURCHASES WILL NOT BE REFUNDED FOR ANY REASON.
You must register for an account to redeem and use Voucher Codes. The redemption and use of Voucher Codes is subject to these Terms of Service and to any additional terms applicable to the product or promotion containing the Voucher Code or by which the Voucher Code is distributed. UNLESS THE ADDITIONAL TERMS APPLICABLE TO A VOUCHER CODE STATE OTHERWISE, A VOUCHER CODE MAY BE REDEEMED ONLY ONE TIME BY ONE REGISTERED USER AND, ONCE REDEEMED, CANNOT BE RESET, RE-USED OR REFUNDED FOR ANY REASON.
All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names (the "Materials") are the property of MEG and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Without limiting the generality of the foregoing, IN MY POCKET, PUPPY IN MY POCKET, KITTY IN MY POCKET, MONSTER IN MY POCKET and JUNGLE IN MY POCKET are trademarks of MEG.
These Terms of Service grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Site will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to the Site or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. All rights in the Materials and Site are reserved to MEG.
MEG hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or MEG, provided that "Copyright 2009 MEG. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. Modification of Materials or use of Materials for any other purpose is a violation of MEG's copyright and other proprietary rights. For purposes of these Terms of Service, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without MEG's express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
MEG respects the intellectual property of others, and we ask our users to do the same. MEG may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please follow below in Claims of Copyright Infringement.
By uploading or otherwise submitting any materials to us and/or the Site or creating any materials on or through the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to MEG a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived. There is no contract, implied or otherwise, that we will compensate you for the use of any materials submitted by you and, pursuant to the foregoing, we will not compensate you for any such use.
To the extent that portions of this Site provide users an opportunity to create virtual posters, t-shirts, stickers or other items ("User Created Items"), please be advised that User Created Items do not necessarily reflect the views of MEG. Although we periodically monitor the content of User Created Items, in no event does MEG assume or have any responsibility or liability for any User Created Items or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their User Created Items. Nonetheless, MEG will make reasonable efforts to ensure that the User Created Items serve the best interests of all users and, therefore, MEG reserves the right to edit, delete, or refuse to allow any User Created Items that violates these Terms of Service, as well as revoke the privileges of any user who does not comply with these Terms of Service. MEG also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as a school or law enforcement) regarding the content of any User Created Item and supplying identifying information regarding such user to such third party. Please see the Privacy Policy.
You hereby understand and agree that MEG does not allow User Created Items that contain:
The User Created Items and the functionality to create User Created Items may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any User Created Items containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising (free or paid in money or Pawllers, Voucher Codes, tokens or virtual items), or solicitations of any kind or nature. You specifically acknowledge that soliciting other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You represent and warrant that you have all necessary rights in and to all User Created Items you provide and all information they contain. You hereby authorize us to use, and to authorize others to use, your User Created Items and submitted materials in whole or in part, throughout the universe in perpetuity in any form, medium, or technology (now known or hereafter developed or devised throughout the universe) alone or together or as part of other Materials of any kind or nature. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in your User Created Items have been waived. Without limiting the foregoing, you hereby grant to MEG the right to use and change the User Created Items in any manner that MEG may determine.
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT MEG) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
TO THE EXTENT THAT YOU COMMUNICATE WITH MEG'S CUSTOMER SERVICE DEPARTMENT OR A MEG REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF SERVICE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEG, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MEG OR ANY THIRD PARTY AND REGARDLESS OF WHETHER MEG IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MEG HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by MEG, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. MEG explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, MEG is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither MEG nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
MEG encourages discretion when browsing the internet using anyone's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, MEG cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will MEG be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
MEG cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from MEG, since such sites are owned and operated by third parties. MEG does not endorse any of the merchandise or services, nor has MEG taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. MEG does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against MEG with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please make sure you review MEG's Privacy Policy for all details regarding MEG's use of your personal information.
MEG allows users to link their In My Pocket-related fan sites to the Pocketville homepage (http://www.inmypocket.com). However, by using this website, you specifically agree not to link to any pages within the Site without MEG's express written approval. If you do not receive such express written approval prior to linking to an internal page on the Site, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the Site, without MEG having to post any bond or other surety therefor.
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.
MEG, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Site. The sending of an email notice by MEG to any email address associated with an account subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Service, you agree to cease and desist immediately from any attempt to access the Site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Site, without MEG having to post any bond or surety therefor.
You agree to indemnify, defend and hold harmless MEG, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you or any person using your account. MEG reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MEG in asserting any available defenses.
The Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Service or the site shall be filed only in the state or federal courts located in the County of Los Angeles, in the State of California. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, MEG shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Service.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole and absolute discretion, of users who are infringers of copyright. Notifications of claimed copyright infringement must be sent to the Service Provider's Designated Agent:
Service Provider: MEG
Name of Agent Designated to Receive Notification of Claimed Infringement: Summer Wells
Full Address of Designated Agent to Which Notification Should be Sent:
MEG
2041 Rosecrans Avenue, Ste # 359
El Segundo, CA 90245
USA
Telephone Number of Designated Agent: (310) 648-7788
Facsimile Number of Designated Agent: (310) 648-7799
E-Mail Address of Designated Agent: copyright@inmypocket.com
To be effective, the notification must be a written communication that includes the following:
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's or user's parent's e-mail address in our records, or by written communication sent by first-class mail to a physical address if we have one in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
MEG operates and controls the Site from its offices in El Segundo, California, in the United States of America. MEG makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms of Service contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from MEG if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of these Terms of Service is found to be illegal or unenforceable, the Terms of Service will be curtailed to the limited extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
In interpreting these Terms of Service, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Terms of Service in other languages, the Terms of Service in English governs.
Updated: February 9, 2009.