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rights. Pursuant to the Digital Millennium Copyright Act, Danger reserves the
right to terminate the accounts of users of the Service who are infringers of
the copyrights of others.
4.2 Trademarks.
Danger, hiptop®, Get Away With It!, hiplogs, Flip For It, the
Danger logo and the hiptop® logo are trademarks, service marks, and/or
registered trademarks of Danger, Inc. in the United States and in other
countries. You agree not to use Danger’s trademarks (i) to identify products
or services that are not Danger’s, (ii) in any manner likely to cause confusion,
(iii) in or as a part of your own trademarks, (iv) in a manner that implies that
Danger sponsors or endorses your products or services or (v) in any manner
that disparages or discredits Danger. You must have Danger’s prior written
consent before you use Danger’s trademarks in any way.
5.
No Monitoring; Necessary Disclosures.
You acknowledge that Danger
does not pre-screen or monitor content posted to or transmitted through the
Service, but that Danger shall have the right (but not the obligation) to remove
any content in its sole discretion, including, without limitation, any content
that violates this Agreement. In addition, Danger reserves the right to disclose
all content that you upload, post, email, transmit or otherwise make available
via the Service (whether or not directed to Danger) if required to do so by law
or in the good faith belief that such disclosure is necessary or appropriate to
conform to the law or comply with legal process served on Danger, to protect
and defend the rights or property of Danger, the Service or our customers,
whether or not required to do so by law, or to protect the personal safety of
our customers or the public.
6.
Termination.
You agree that Danger or its service partners, in their sole
discretion, may immediately terminate your access to the Service (whether
directly or through your wireless carrier) if they believe that you have violated
the terms and conditions of this Agreement. You agree that any termination of
your access to the Service may be effected without prior notice, and acknowl-
edge and agree that, upon termination, Danger and its service partners may
immediately deactivate or delete your account and all related information,
emails, files and other data in your account and/or bar any further access
to such files or the Service. Further, you agree that neither Danger nor its
service partners shall be liable to you for any termination of your access to
the Service hereunder.
7.
NO WARRANTIES.
THE SERVICE AND SOFTWARE ARE PROVIDED BY
DANGER ON AN “AS IS” BASIS. DANGER, ITS SUPPLIERS AND SERVICE
PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING
TO THE SERVICE OR THE SOFTWARE (INCLUDING ANY INFORMATION,
CONTENT, MATERIALS OR PRODUCTS THAT YOU MAY ACCESS THROUGH
THE SERVICE), INCLUDING WITHOUT LIMITATION ANY IMPLIED WAR-
RANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
