CellPC's Legal
Policies
DISCLAIMER
All our products are distributed and licensed on
an "as is" basis and no warranties or
guarantees of any kind are promised by GoCellPC
as to their performance, reliability or suitability
to any given task. In no event shall GoCellPC
be liable for any loss of data or ANY DAMAGES OF
ANY KIND, financial, physical, emotional or other,
which might arise from its use. GoCellPC will aid
law enforcement in prosecution of users abusing
our products for malicious purposes.
DISTRIBUTION
Our products may NOT be sold or distributed in any
way without prior written consent from GoCellPC.
REFUND POLICY
All sales of our products come with a 15-day money
back guarantee, after which no refunds will be
issued, guaranteed or promised.
PRIVACY
It is company policy that our customer databases
remain confidential and private. We have not, will
not, and won't ever sell names to "spammers" or
other parties who would like to use our databases
to advertise or solicit their products or services.
GoCellPC products do not collect any information
from your system other than the information required
for the products successful operation. Your private
information is safe with us.
SUPPORT
It is the policy of GoCellPC to offer free E-mail
based technical support to all of our registered
and unregistered customers.
SOFTWARE PIRACY
GoCellPC will take legal action against any users
that are found to be pirating GoCellPC products.
In addition, GoCellPC will report any users found
pirating other products to the products developer
or care-keeper.
PROTECTION OF TRADE SECRETS
By using any GoCellPC product you agree not to decompile,
reverse engineer, modify or change any part of
it for the reasons of discovering its internal
methods or works. To do so is a violation of GoCellPC
copyright protection.
COPYRIGHTS
All graphics, software, code samples, and other digital
information contained on this web site, as well
as software distributed over the Internet are copyright
protected and owned by GoCellPC.
Should you wish to use any site content, be it
text information, code samples, or what have you,
please contact us for permission.
AGREEMENT
By installing, running, or using any GoCellPC product
or service you agree to the above Policies. In
addition you agree that you will follow the GoCellPC
Policies at all times when using a GoCellPC product
or service.
CellPC's
Term's of Service
This Agreement governs the use of CellPC
(the "Service"). This service is provided
by GoCellPC. In addition, you
understand and agree that this service is provided
on an AS IS and AS AVAILABLE basis. GoCellPC disclaims
all responsibility and liability for the availability,
timeliness, security or reliability of this service.
GoCellPC also reserves the right to modify, suspend or
discontinue this Service with or without notice at
any time and without any liability to you. By agreeing
to this TOS agreement you are also agreeing to our standard
Legal Policy that applies to all GoCellPC services and
products.
How you can use this
Service
This service is made available to you for your personal
or business use. Due to the Children's Online Privacy
Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm),
you must be at least thirteen (13) years of age to
use this Service. You must provide current, accurate
identification, contact, and other information that
may be required as part of the registration process
and/or continued use of this Service. You are responsible
for maintaining the confidentiality of your Service
password and account, and are responsible for all
activities that occur thereunder. GoCellPC reserves
the right to refuse service to anyone at any time
without notice for any reason.
Proper Usage
You agree that you are responsible for your own communications
and for any consequences thereof. Your use of the
Service is subject to your acceptance of and compliance
with this Agreement, including the GoCellPC Legal
Policies ("Legal Policies"), located at
http://www.gocellpc.com/legal.shtml, or such other
URL as GoCellPC may provide from time to time. You
agree that you will use the Service in compliance
with all applicable local, state, national, and international
laws, rules and regulations, including any laws regarding
the transmission of technical data exported from
your country of residence. You shall not, shall not
agree to, and shall not authorize or encourage any
third party to: (i) use the Service to upload, transmit
or otherwise distribute any content that is unlawful,
defamatory, harassing, abusive, fraudulent, obscene,
contains viruses, or is otherwise objectionable as
reasonably determined by GoCellPC; (ii) upload, transmit
or otherwise distribute content that infringes upon
another party's intellectual property rights or other
proprietary, contractual or fiduciary rights or obligations;
(iii) prevent others from using the Services; (iv)
use the Services for any fraudulent or inappropriate
purpose; or (v) act in any way that violates the
Legal Policies, as may be revised from time to time.
Violation of any of the foregoing may result in immediate
termination of this Agreement, and may subject you
to state and federal penalties and other legal consequences.
GoCellPC reserves the right, but shall have no obligation,
to investigate your use of this Service in order
to determine whether a violation of the Agreement
has occurred or to comply with any applicable law,
regulation, legal process or governmental request.
Content of the Service
GoCellPC reserves the right to access, read, preserve,
and disclose any information as it reasonably believes
is necessary to (a) satisfy any applicable law, regulation,
legal process or governmental request, (b) enforce
this Agreement, including investigation of potential
violations hereof, (c) detect, prevent, or otherwise
address fraud, security or technical issues (including,
without limitation, the filtering of spam), (d) respond
to user support requests, or (e) protect the rights,
property or safety of GoCellPC, its users and the
public. GoCellPC will not be responsible or liable
for the exercise or non- exercise of its rights under
this Agreement.
GoCellPC's Intellectual Property Rights
You acknowledge that GoCellPC owns all right, title
and interest in and to this Service, including
without limitation all intellectual property rights
(the "GoCellPC Rights"), and such GoCellPC
Rights are protected by U.S. and international intellectual
property laws. Accordingly, you agree that you will
not copy, reproduce, alter, modify, or create derivative
works from this Service. You also agree that you
will not use any robot, spider, other automated device,
or manual process to monitor or copy any content
from this Service. The GoCellPC Rights include rights
to (i) the Services developed and provided by GoCellPC;
and (ii) all software associated with the Services.
The GoCellPC Rights do not include third-party content
used as part of this Service, including the content
of communications appearing on this Service.
Your Intellectual Property Rights
GoCellPC does not claim any ownership in any of the
content, including any text, data, information, images,
photographs, music, sound, video, or other material,
that you upload, transmit or store in your Service
account. We will not use any of your content for
any purpose except to provide you with the Service.
Representations and Warranties
You represent and warrant that (a) all of the information
provided by you to GoCellPC to participate in this
Service is correct and current; and (b) you have
all necessary right, power and authority to enter
into this Agreement and to perform the acts required
of you hereunder.
Your Privacy
As a condition to using this Service, you agree to
the terms of the GoCellPC Privacy Policy as it may
be updated from time to time. You agree that GoCellPC
may monitor, edit or disclose your personal information,
including the content of your emails/logs/account
data, if required to do so in order to comply with
any valid legal process or governmental request (such
as a search warrant, subpoena, statute, or court
order), or as otherwise provided in these Terms of
Use and the GoCellPC Privacy Policy. Personal information
collected by GoCellPC may be stored and processed
in the United States or any other country in which
GoCellPC or its agents maintain
facilities. By using this Service, you consent to
any such transfer of information outside of your
country.
Service Termination
You may cancel your use of the Service and/or terminate
this Agreement with or without cause at any time
by providing notice to GoCellPC at http://www.gocellpc.com/contact.shtml.
GoCellPC may at any time and for any reason terminate
the Service, terminate this Agreement, or suspend
or terminate your account. In the event of termination,
your account will be disabled and you may not be
granted access to your account or any files or other
content contained in your account.
Indemnification
You agree to hold harmless and indemnify GoCellPC and
its subsidiaries, affiliates, officers, agents, and
employees from and against any third party claim
arising from or in any way related to our use of
this Service, including any liability or expense
arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and nature.
In such a case, GoCellPC will provide you with written
notice of such claim, suit or action.
Choice of Law and Jurisdiction
These Terms of Use will be governed by and construed
in accordance with the laws of the State of Minnesota
without giving effect to its conflict of laws provisions
or your actual state or country of residence. Any
claims, legal proceeding or litigation arising in
connection with the Service will be brought solely
in Goodhue County, Minnesota and you consent to the
jurisdiction of such courts. |
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