TERMS
AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
USING THIS WEBSITE (the "Site"). This Site at
InMyPocket.com is fully controlled and operated
by MEG, LLC, which does business as MEG ("MEG").
By accessing and using this Site, you are hereby
agreeing to be legally bound by the terms and
conditions of MEG. If you do not agree with all
of the following terms and conditions, please
do not use this Site. We reserve the right, at
our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time.
Such changes and/or modifications shall become
effective immediately upon the posting thereof.
Please review the terms and conditions periodically.
Your continued use of the Site following the
posting of changes and/or modifications will
constitute your acceptance of the revised terms
and conditions.
OWNERSHIP
OF INTELLECTUAL PROPERTY
Puppy In My Pocket™, Kitty In My Pocket™,
Monster In My Pocket™ and all character names
and likenesses and all site design, text, images,
photographs, illustrations, audio clips, video clips,
artwork, graphic material, or other copyrightable
elements, and the selection and arrangements thereof,
and trademarks, service marks and trade names (the "Material")
are the property of MEG and are protected, without
limitation, pursuant to U.S. and foreign copyright
and trademark laws. MEG hereby grants you a personal,
non-exclusive, non-assignable and non-transferable
license to use and display, for noncommercial and
personal use only, one copy of any material and/or
software that you may download from this Site, including,
without limitation, any files, codes, audio or images
incorporated in or generated by the software provided
that you maintain all copyright and other notices
contained in such Material. You agree not to reproduce,
modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or circulate
any Material to any third party (including, without
limitation, the display and distribution of the Material
via a third party website) without the express prior
written consent of MEG. Use of the Material is only
permitted with MEG's express written permission. You
further agree that you will not disassemble, decompile,
reverse engineer or otherwise modify the Material.
Any unauthorized or prohibited use may subject the
offender to civil liability and criminal prosecution
under applicable federal and state laws.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, data, questions
or other information communicated to MEG through
this site or through the mail (electronic or otherwise)
(a
"Submission") will forever be the property
of MEG. MEG will not treat any Submission as confidential
or proprietary and will not be liable for the use
of any ideas for its business (including without limitation
product or promotion ideas) and will not incur any
liability as a result of any similarities that may
appear in future MEG operations. Without limitation,
MEG will have exclusive ownership of all present and
future existing rights to the Submission in perpetuity
and throughout the universe and for any and all forms
of expression or media whether now existing or hereafter
devised for any commercial or other purpose whatsoever,
without compensation to you or any other person sending
the Submission. You acknowledge that you are responsible
for whatever material you submit, and you, not MEG,
have full responsibility for the message, including
its legality, reliability, appropriateness, originality,
and copyright.
CONTESTS,
SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
MEG provides Rules of Participation for certain activities
on this Site including, without limitation, contests,sweepstakes
and electronic postcards by MEG and in conjunction
with third parties. This Agreement is incorporated
by reference to the specific Rules of Participation
which appear in connection with information about
a particular activity. To the extent that any
conflict exists between this Agreement and specific
Rules of Participation, the Rules of Participation
for the activity in which you choose to participate
shall govern. To the extent that portions of
this Site provide users an opportunity to post
and exchange information, ideas and opinions
(the "User Messages"),
please be advised that User Messages do not necessarily
reflect the views of MEG. In no event shall MEG
assume or have any responsibility or liability
for any User Messages or for any claims, damages
or losses resulting from their use, transmission,
receipt, and/or appearance on this Site.
You
hereby represent and warrant that you have all necessary
rights in and to all User Messages you provide and all
information they contain and that such User Messages
shall not infringe any proprietary or other rights of
third parties or contain any libelous, tortious, or
otherwise unlawful information,
You
hereby authorize MEG to use, and authorize others to
use, your User Messages in whole or in part, throughout
the universe and in perpetuity and in any and all forms
of expression or media whether now existing or hereafter
devised for any commercial or other purpose whatsoever,
without compensation to you or any other person, alone,
or together or as part of other material of any kind
or nature. .
MEG
does not allow User Messages which contain: -
private or personal information which might identify a user
- profanity
or obscenities
- personal
attacks on other individuals
- slanderous,
defamatory, obscene, pornographic, threatening and harassing comments; and/or
-
other information that MEG deems in its sole discretion to be inappropriate for
this Site.
The
Site and its features may be used for noncommercial
purposes only. Users may not post any information
intended to promote and/or generate revenue for
any third party business activity. Although MEG
periodically monitors the content of User Messages,
we cannot be responsible for the views or opinions
expressed by third parties. Nonetheless, MEG will
make every effort to ensure that the features of
this Site best serve the interests of all users
and, therefore, MEG reserves the right to edit,
refuse to post, or delete User Messages that violate
the above-referenced Rules of Participation, as
well as revoke the privileges of users who do not
comply with such rules.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, MEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MEG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES 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 IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT MEG) ASSUME THE ENTIRE 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. LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEG BE
LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR
THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF MEG OR AN MEG-AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL MEG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIRD
PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties
does not constitute endorsement by MEG, its subsidiaries and affiliates of the
opinions or views expressed by these third party websites and MEG does not verify,
endorse, or take responsibility for the accuracy, currency, completeness or quality
of the content contained at these sites. Furthermore, 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 will be responsible for any errors or omissions or for the results
obtained from the use of such information contained in these sites. Finally, MEG
will under no circumstances 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. INDEMNIFICATION
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 this agreement by you. 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.
MISCELLANEOUS
MEG operates and controls this Site from its offices
at 2141 Rosecrans Ave., Ste 2020, in El Segundo, CA
90245, United States of America. This Site is intended
for residents of the United States only. No software
from this Site may be downloaded, exported or re-exported
in violation of any law including, without limitation,
to countries that are subject to U.S. export restrictions.
This
Agreement contains the entire understanding and supersedes all prior understanding
of the parties hereto relating to the subject matter hereof, and cannot be changed
or terminated orally. If any provision of this Agreement is found to be illegal
or unenforceable, the Agreement will be deemed curtailed to the extent necessary
to make it legal and enforceable and will remain, as modified, in full force and
effect. This Agreement 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 conflict of laws), and jurisdiction for any court action
in the County of Los Angeles. |