ACCEPTANCE OF TERMS
Welcome to Pogoplug
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Pogoplug, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. If you are using the Service on behalf of an organization, you represent and warrant to us that you have the power and authority to enter into this Agreement for that organization. By accepting these TOS you represent that you understand and agree to the foregoing.
Pogoplug may update or change these TOS from time to time and recommends that you review the TOS on a regular basis at www.pogoplug.com/safeplug. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised.
DESCRIPTION OF THE SERVICE
Use of the Service may require one or more compatible devices or personal computers, certain software, and broadband Internet access. Please refer to the documentation applicable to your product on our website for more detail on hardware and software requirements.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries, and Pogoplug makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
YOUR USE OF THE SERVICE
If you are using the Service on your own behalf, you represent and warrant to us that you are at least 13 years of age (and that if you are 13 or older but under 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby on your behalf).
The only information Pogoplug collects in connection with Safeplug is information regarding the specific Device and its identifier for the purpose of upgrades. Otherwise, Pogoplug does not collect any information regarding users, including personal information, credit cards, billing information, email addresses, files, log data, or cookies.
Safeplug implements TOR. For more information regarding TOR and privacy, please refer to www.torproject.org
CONTENT AND CONDUCT
"Content" means any information that may be generated, encountered, or transmitted through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service, is the sole responsibility of the person from whom such Content originated. This means that you, and not Pogoplug, are solely responsible for and retain ownership of any Content you upload, download, post, email, transmit, or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Pogoplug does not control the Content posted or transmitted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.
You agree that you will NOT use the Service to:
- a. upload, download, post, email, transmit, or otherwise make available any Content that is unlawful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, or invasive of another’s privacy;
- b. stalk, harass, threaten or harm another;
- c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
- d. pretend to be anyone, or any entity, you are not;
- e. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- f. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing");
- g. upload, post, email, transmit, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
- h. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- i. plan or engage in any illegal activity; and/or
- j. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
Pogoplug, Safeplug, the Pogoplug and Safeplug logo and other Pogoplug and Safeplug trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Pogoplug in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Pogoplug Device Software
If you have purchased any Pogoplug hardware device, Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to use such software (“Device Software”) as provided to you by Pogoplug solely as a part of the Service, in accordance with these TOS, and as embedded on the device which you purchased.
Pogoplug Proprietary Rights
You acknowledge and agree that Pogoplug and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service, including, without limitation, the Device Software (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Pogoplug includes several open source components in the Software. You agree to abide by the terms of the relevant licenses, as may be updated by Pogoplug from time to time at http://pogoplug.com/home-en-developers-open-source.html.
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, including without limitation Cuba, Iran, North Korea, Sudan or Syria or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.
As part of the Service, you may from time to time receive updates to the Software from Pogoplug that may be automatically downloaded and installed to your applicable device. These updates may include bug fixes, security enhancements or improvements, or entirely new versions of the Software. You agree that Pogoplug may automatically deliver such updates to you as part of the Service.
LINKS AND THIRD PARTY MATERIALS
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Pogoplug may have no control over such third party sites and/or materials, you acknowledge and agree that Pogoplug is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POGOPLUG AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POGOPLUG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT POGOPLUG AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF POGOPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR SOFTWARE.
Pogoplug may provide you with notices regarding the Service, including changes to these TOS, by email to your Pogoplug email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Pogoplug shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Pogoplug agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from these TOS.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
These TOS constitute the entire agreement between you and Pogoplug with respect to the Service, govern your use of the Service and completely replace any prior agreements between you and Pogoplug in relation to the Service. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Pogoplug to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is provided as a courtesy and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Please feel free to contact us with any questions at email@example.com
Last revised: November 21, 2013 © Copyright 2014 Cloud Engines Inc. All rights reserved.