|
Welcome to the Pomcor Web site. The Pomcor Web site comprises two
different domains, pomcor.com and noflail.com. The domain
noflail.com is used to host a Search Facility.
These Terms of Use apply to the entire Site, including both domains.
By accessing this Site, you agree to these Terms of Use, as well as to
our Privacy Policy, which is incorporated by reference herein.
Please read these Terms of Use and our Privacy Policy carefully. If
you do not agree with these Terms of Use and our Privacy Policy, you
should leave this Site immediately. Further, this Site is intended for
use only by those 13 years of age or older. If you are younger than
13, you should not use this Site or the Search Facility.
Risk of Malware
By using the Site and the Search Facility, you may expose your computer or
other connecting device (hereinafter "Client Device") to malicious
software, also known as "malware." Malware may infect your Client
Device, destroy or disclose to an attacker data present in your Client
Device, use your Client Device to attack other computers on the
Internet, perform unauthorized online activities on your behalf, or
cause other harm.
Malware may be present in sites that are accessed via links through
the Site or the Search Facility. Pomcor provides access to such other sites
for your convenience, but is in no way responsible for their
contents. Malware may even have infected, and be present in, the Site
itself, or the Search Facility. While Pomcor takes precautions against such
infection by malware, no such precautions can be 100% effective.
You agree to fully accept the risk of malware and to hold
Pomcor, its agents, employees, officers, successors and assigns
harmless from and against any cost or expense, including but not
limited to attorneys' fees incurred at arbitration, at trial or on
any appeal, which may be incurred in connection with any malware.
Permitted Use and Intellectual Property
This Agreement gives you a limited license to view pages downloaded
from the Site as rendered by an ordinary Web browser, subject to the
terms and conditions specified herein. It also gives you a limited
license to use the Search Facility, by means of an ordinary Web browser,
without modification,
subject to the terms and conditions specified herein.
However, Pomcor and/or its licensors, as applicable, retain full
ownership of the Site and the Search Facility and all related intellectual
property, including, but not limited to: the copyright of all the Web
pages that comprise the Web Site or are displayed by the Search Facility,
and the artwork, white papers and other content contained in the Site
or displayed by the Search Facility, except as otherwise indicated on the
Site or the Search Facility; and the trademarks "Pomcor," and "Noflail." No
material from this Site or from the Search Facility may be copied,
reproduced, republished, uploaded, downloaded, posted, transmitted, or
modified in any way. All code, methods and techniques used to
implement the Site and the Search Facility are trade secrets of Pomcor and/or its licensors,
including all the HTML, MXML, ActionScript, and Javascript code
downloaded to your Client Device as you access the Site or use the
Search Facility, and all tokens, keys, application IDs or other data that may be contained therein.
You agree not to inspect such code, not to extract from such code and not to use
any token, key, application ID or other data contained therein,
not to use the Site or
the Search Facility with the purpose of gaining insights into their
implementation other than any that may be explicitly disclosed by
Pomcor, and not to otherwise reverse-engineer the Site or the
Search Facility.
You are welcome to send us comments concerning the Site or the Search Facility and we
agree not to use your name, and not to disclose the fact that you have sent us those
comments, unless you give us explicit permission to do so, or we are compelled by law
to do so.
You relinquish any intellectual property rights that you may have in any comments,
information, ideas or materials that you send us. You warrant that such information,
ideas and materials do not infringe upon the intellectual property rights or any other rights
of others and that Pomcor may use them as if they were in the public domain.
Disclaimers
You accept and take upon yourself the risk that any information provided by the Site or
the Search Facility may be inaccurate or contain errors.
ALL INFORMATION AND SERVICES PROVIDED BY THE SITE AND THE SEARCH FACILITY ARE
PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS ONLY. POMCOR DOES NOT MAKE, AND
EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND NONINFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL POMCOR INCUR ANY LIABILITY OF ANY KIND IN CONNECTION
WITH ANY USE OF THE SEARCH FACILITY, OF THE SITE, OR OF ANY OTHER SITE TO
WHICH THERE IS A LINK IN THE SITE OR IN THE SEARCH FACILITY.
You will indemnify, defend and hold harmless Pomcor and its
affiliates, together with their respective employees, agents,
directors, officers, shareholders, information providers, licensors
and licensees from and against any liabilities, claims, damages, and
expenses (including reasonable attorneys' fees and costs) arising
out of your use of the Site or the Search Facility, your breach or alleged
breach of this Agreement, or your violation or alleged violation of
any rights of any third party.
Changes
Pomcor reserves the right to modify this agreement at any time by
posting a revised agreement on the "Terms of Use" page of the Site. By
continuing to use the Site or the Search Facility after the revised
agreement has been posted, you accept all changes. If you do not
agree to a change made by Pomcor to this agreement, you must stop
using the Site and the Search Facility.
Miscellaneous
This Agreement shall be deemed executed in the State of Oregon and shall be
interpreted and construed in accordance with the laws of the State of Oregon relating to
contracts made and performed therein. Venue shall be proper only in the County of
Multnomah, State of Oregon, USA.
The failure of either party to insist upon strict compliance by the other party with any of
the terms of this agreement shall not constitute a waiver of future violations of the same
or any other term.
If any provision of this Agreement is judicially declared to be invalid, unenforceable or
void by a court of competent jurisdiction, such decision shall not have the effect of
invalidating or voiding the remainder of this Agreement, and the part(s) of this
Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and
the Agreement will be reformed to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of
the stricken provision. The remainder of this Agreement shall have the same force and
effect as if such part or parts had never been included.
Both parties agree that this Agreement and our Privacy Policy is the complete
and exclusive statement of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of this Agreement.
In the event that any action, suit or legal proceeding is initiated or brought to enforce
any or all of the provisions of this Agreement, the prevailing party shall be entitled to
such attorneys' fees, costs and disbursements as are deemed reasonable and proper by
an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or
court, the prevailing party shall be entitled to such attorneys' fees, costs and
disbursements as are deemed reasonable and proper by the appellate court(s).
All limitations on our liability and on your use of Pomcor materials, as well as the
indemnity provisions, shall survive any termination of this Agreement or of your use of
the Site or the Search Facility.
|
