Thank you for your interest in Podonos!  Please read these Website Terms of Service (“Terms”) carefully because they are a binding agreement between you and Podonos, Inc.

Throughout the Terms, “we,” “us,” “our” and “ours” refer to Podonos, and “you,” “your” or “yours” refer to you personally (the individual who reads and agrees to be bound by these Terms) and, if you access the Website on behalf of a legal entity, to that entity.

These Terms govern your use of the websites that link to these Terms and the services offered on such websites (the “Website”). By using the Website, you have accepted these Terms and the Podonos Privacy Policy, which is incorporated by reference into these Terms. If you do not accept these Terms, do not use the Website.

We may modify these Terms at any time so please check back often so you are aware of your rights and responsibilities. By continuing to use the Website after these Terms have changed, you indicate your agreement to the revised Terms. We may modify the Website at any time, with or without notice to you. If you don’t like any changes, you can stop using the Website at any time.

Your Account

You may be required to create an account and a password to use certain services on the Website. To create an account, you must be at least 16 years old, have the legal authority to enter into these Terms and you must provide accurate information about yourself. If your information changes, please update your account to reflect those changes. You may not select a username that impersonates someone else, may be protected by trademark or other proprietary rights, or is illegal or offensive. We may reject any username in our sole discretion and we may terminate your right to access the Website if you fail to provide accurate information.  You may not share your account with anyone else and you are responsible for maintaining the confidentiality of your password and for all activity that occurs on your account. If you believe that your account has been compromised at any time, please notify us immediately at hello@podonos.com.

Website Content

The Website may provide opportunities for you to share text, photographs, videos, or other content (collectively, “Content”) on the Website.  By posting Content, you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit and otherwise use your Content, including making such Content available to others.  Please note that this license continues even if you stop using the Website. You confirm that you have all the rights necessary to post the Content and grant the above license.

If you send us any information, ideas, suggestions or other communications, we make no promises that such communications will be treated as confidential. We reserve the right to reproduce, use, disclose and distribute such communications without any obligation to you.

We are not responsible for, and do not endorse, Content posted by any other person. We may not be held liable for any loss or damage caused to you in connection with any Content posted by another member.

We may communicate with you by email or by posting notices on the Website. You agree that any communications that we send you electronically will satisfy any legal communication requirements. Please note that by submitting Content, creating a user account or otherwise providing us with your address or phone number, you agree that we may contact you at such address or phone number.

Rules of Conduct

Please use the Website appropriately and in accordance with all applicable laws, rules and regulations. Please do not use the Website in a way that violates any laws, infringes on anyone’s rights, is offensive or interferes with the Website or other’s enjoyment of the Website. You may not post Content containing (i) anything that may be threatening, defamatory, fraudulent, invasive of privacy rights or obscene, (ii) any virus or other harmful components, (iii) information identifiable to a particular individual, (iv) any unauthorized advertising, spam or other form of solicitation, or (v) any material to which you do not have all rights necessary to post.  You may not collect information about Website visitors without their express written consent.

If we determine that you have acted inappropriately, we may take down the Content, terminate your account, prohibit you from using the Website and take appropriate legal actions.  We may monitor the content of the Website and may edit, refuse to post or remove any material submitted to or posted on the Website.

Links

The Website may contain links to other websites. We have not reviewed the linked websites and we are not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by us of the website or their products or services.  Your access and use of third party websites is governed by the terms of service posted on those websites.

Export Control

By using the Website, you represent and warrant that you are not (i) located in or a national or resident of any country that is subject to U.S. trade sanctions or (ii) on any U.S. government denied-party list or acting on behalf of any person or entity on such list. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Podonos does not represent that content contained on the Website is appropriate or available for use outside the United States.  Your account registration and access are subject to all applicable laws and regulations of the United States and you are responsible for compliance with the laws of your jurisdiction. Podonos may terminate your account access to prevent non-compliance, as determined by Podonos in its sole discretion, if you are affiliated with or previously affiliated with an entity or person sanctioned by the US government.

Indemnification

You agree to defend, indemnify, release and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post, even if such Content is reviewed by us prior to publishing on the Website.

Disclaimers

THE WEBSITE AND ALL RELATED CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE AND ALL RELATED CONTENT, PRODUCTS AND SERVICES WILL BE ACCURATE, UNINTERRUPTED, COMPLETE, RELIABLE, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT ANY DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED, REGARDLESS OF WHETHER WE ARE AWARE OF SUCH DEFECTS, ERRORS OR OMISSIONS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Podonos SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD PARTY’S USE OF THE WEBSITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF Podonos HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

Intellectual Property

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Podonos or other third parties. You may not use the Marks without the prior written consent of Podonos or such third party. Furthermore, you may not copy any part of the Website without written permission from Podonos.

If you believe any materials on the Website infringes your copyrights, you may send us a notice requesting that we remove the material or block access to it.  If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice to Podonos. Notices and counter-notices should be sent to hello@podonos.com.

Other Information

These Terms are governed by the laws of California, without regard to its conflict of laws rules. You agree that any claim or cause of action relating to these Terms will be brought in the courts located in San Francisco, California and you agree to submit to such personal jurisdiction and waive all objections thereto. If a provision in these Terms is not enforceable, it will not impair the enforceability of the remaining provisions.