PocketLearn Terms of Use

PocketLearn Inc. ("PocketLearn") provides the PocketLearn Web site including the PocketLearn Home Page and other PocketLearn content (collectively, the "PocketLearn Site" or "our site") subject to your compliance with the Terms of Use below.  PLEASE READ THIS BEFORE ACCESSING THE POCKETLEARN SITE. BY ACCESSING THE POCKETLEARN SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE POCKETLEARN SITE.

PocketLearn has the right, but not the obligation, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend, or terminate your access to all or any part of the PocketLearn Site;
2. Change, suspend, or discontinue all or any part of the PocketLearn Site;
3. Refuse, move, or remove any material that you submit to our site for any reason;
4. Refuse, move, or remove any content that is available on our site;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

1. Content on our site.  Our site includes a combination of software and content that we create, and that our users create. All materials published on our site, including, but not limited to, PocketLearn viewers,  content (titles), written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners and members. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our site in whole or in part.

   You are solely responsible for all materials, whether publicly posted or privately transmitted, that you create, upload, post, e-mail, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site, (ii) distributing Your Content, either electronically or via other media, to users seeking to view, download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

   Our site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews and articles. It also includes information about products and services offered by parties other than PocketLearn, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our site.
   
   You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
    

2. Third-party sites, products, and Services.  The PocketLearn Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

   We disclaim any responsibility for or liability related to any of the products or the services that we review, list, or advertise on our site. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

   Unauthorized access to the PocketLearn Site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by PocketLearn for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
    

3. Rules While visiting the PocketLearn Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the PocketLearn Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the PocketLearn Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the PocketLearn Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.
    
4. Monitoring PocketLearn has no obligation to monitor the PocketLearn Site. However, you agree that PocketLearn has the right to monitor the PocketLearn Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the PocketLearn Site properly, or to protect itself or its subscribers. PocketLearn will not intentionally monitor or disclose any private electronic-mail message unless required by law. PocketLearn reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
    
5. Privacy PocketLearn cannot ensure or guarantee privacy for PocketLearn users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and PocketLearn  shall be relieved of all liability in connection therewith.
    
6. Buying over the Internet When making purchases or other transactions through the PocketLearn Site or the Internet, you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the PocketLearn Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the PocketLearn Site. PocketLearn is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner. 
   
7. Limitation of Liability PocketLearn takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the PocketLearn Site. Further, PocketLearn makes no representations about the suitability of any of the information contained in software programs, titles, documents and related graphics on the PocketLearn Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall PocketLearn be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
    
8. Recourse If you are dissatisfied with the PocketLearn Site or with any terms, conditions, rules, policies, guidelines, or practices of PocketLearn in operating the PocketLearn Site, your sole and exclusive remedy is to discontinue using the PocketLearn Site.
    
9. Indemnity You agree to defend, indemnify and hold PocketLearn harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the PocketLearn Site or the Internet or the placement or transmission of any message, information, software or other materials on the PocketLearn Site or on the Internet by you or users of your account.
    
10. Trademarks PocketLearn™ and other names, logos and icons identifying PocketLearn and PocketLearn's products and services referenced herein are trademarks or registered trademarks of PocketLearn. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
     
11. DISCLAIMER THE SOFTWARE AND CONTENT CONTAINED IN THIS ARCHIVE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE USER, AND IN NO EVENT WILL POCKETLEARN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE IN THIS ARCHIVE. USE OF THE FREEWARE AND SHAREWARE PROGRAMS CONTAINED IN THIS ARCHIVE ARE GOVERNED BY THEIR RESPECTIVE LICENSE AGREEMENTS AND MAY CONTAIN RESTRICTIONS ON USE INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENT(S) TO PAY THE AUTHOR(S) A SPECIFIED AMOUNT AFTER A TRIAL PERIOD HAS ELAPSED.
     
12. Miscellaneous This Agreement, including any and all documents referenced herein, constitute the entire agreement between PocketLearn and you pertaining to the subject matter hereof. PocketLearn's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the federal laws of the United States applicable therein.