Danger T-Mobile Sidekick Manuel du propriétaire Page 52

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3.5 Third-Party Content and Services. In the course of using the Service, you may access services and Web
sites provided by third parties, including third-party Web sites accessible through links from the Service. Danger
is not responsible for the content, products, materials, or practices (including privacy practices) of any such Web
sites or third-party services. You understand that by using the Service you may be exposed to third-party Web
sites or content that you nd offensive, indecent or otherwise objectionable. Danger makes no warranty, repre-
sentation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or
reliability of third-party Web sites (including Web sites accessible by hyperlink from the Service) or products or
services accessible from the Service. Danger provides links to third-party Web sites for your convenience only
and Danger does not control such Web sites. Danger’s inclusion of links to such Web sites does not imply any
endorsement of the materials on such third party Web sites or any association with their operators. It is your
responsibility to review the privacy policies and terms of use of any other Web site you visit. In no event will
Danger be liable to you in connection with any Web sites, content, products, services, materials, or practices of
a third party.
3.6 Uploading and Downloading of Information. You hereby agree and acknowledge: (a) that Software, data,
and other information may be downloaded from Danger to your Device and requests for information may be
uploaded from your Device to Danger on a regular basis; (b) that Danger makes no guarantee of, and is not
responsible for, the accuracy or completeness of any downloaded information; and (c) that the Service may be
inoperable from time-to-time and Danger shall incur no liability for such inoperability.
4. Intellectual Property Rights.
4.1 Copyright. All content included on the Device, including graphics, text, images, logos, button icons,
images, audio and video clips and software, as well as the compilation of the content, is the property of
Danger and/or its licensors (“Danger Material”) and is protected by U.S. and international copyright laws. Any
unauthorized use of Danger Material may violate copyright, trademark or other laws. Additionally, certain other
content, including, websites, photographs, images, text, graphics, video clips, audio recordings, or other content
accessed or transmitted through the Service may be copyrighted by third parties and protected by U.S. and
international copyright law. Materials that are copyrighted may be viewed as presented and are for personal use
only. Unless otherwise authorized by law, you agree not to alter, falsify, misrepresent, modify, copy, reproduce,
republish, upload, post, transmit, distribute or otherwise utilize such materials without the express, written
permission of the copyright holder. Unauthorized copying or distribution of copyrighted works is an infringement
of the copyright holders’ 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 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 con-
tent 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.
52 Legal Information
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