Last Modified: February 18, 2022
License. You are hereby granted a personal, limited, non-exclusive, non-assignable and non-transferable license to access and use this Website conditioned on your continued acceptance and compliance with these TOU. POCKYT reserves the right to bar, restrict or suspend any user’s access to the Website or to terminate this license at any time for any reason. POCKYT reserves any rights not explicitly granted in these TOU.
Proprietary Rights. The content of the Website includes, without limitation, (i) POCKYT’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “POCKYT Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “POCKYT Content”). POCKYT Content is the property of POCKYT, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any POCKYT Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the POCKYT. Any use of the POCKYT Marks without POCKYT’s express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the POCKYT Content.
License Restrictions. Unless otherwise expressly stated in these TOU or you receive POCKYT’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website or any portion thereof. Further, you may not (i) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including POCKYT Content; (ii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Website.
POCKYT reserves the right to revise these TOU at any time in its sole discretion by posting revised TOU to the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the TOU posted at the time of your use. You will be responsible for regularly reviewing the TOU posted to the Website.
Click-Through Agreements. Before using certain areas of the Website, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these TOU and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
Personal Login Information. Certain features and areas of the Website are available only with registration with login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Contact POCKYT at [email protected] immediately of any breach of security or unauthorized use of your account. POCKYT cannot and will not be liable for any theft, misappropriation or damage from any unauthorized use of your account or your failure to comply with these obligations.
User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with POCKYT’s operation and management of the Website. You further warrant that your use of the Website and of any data input into or generated by the Website shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through an online POCKYT registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, POCKYT reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website. Additionally, you agree to abide by the POCKYT Acceptable Use Policy.
Payment Information. The Website contains third-party payment processors to charge your fees for your account and any other charges you may incur into the payment method you provide. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with POCKYT must be accurate, complete, and current. You may change your payment method by changing the information in your account.
Termination. POCKYT may suspend or terminate your use of the Services if you are not complying with these TOU or are using the Services in a manner that in our reasonable determination would expose us to legal liability, raises suspicion of fraud, violate any applicable law, rule, or regulation, disrupt the Services, or disrupt others’ use of the Services.
Disclaimer of Warranties. POCKYT strives to provide great Services and Website, but there are certain things that cannot be guaranteed. The Website and POCKYT Content are provided “as is” and “as available.” Neither POCKYT, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “POCKYT Parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the Website or POCKYT Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Website will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations; or (iv) POCKYT Content will remain unchanged or accessible on the Website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Website or POCKYT Content is to cease using the Website and POCKYT Content.
Exclusion of and Limitation of Liability. The POCKYT Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Website and/or any POCKYT Content; (ii) from any interruption in the availability of the Website and/or POCKYT Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Website, or transactions entered into, through or from the Website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the Website; (vii) from any delay or failure of the Website arising out of causes beyond POCKYT’s control; (viii) out of the use of, reference to, or reliance on, the POCKYT Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the Website (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the Website or POCKYT Content.
Governing Law. These TOU shall be governed by and construed in accordance with the laws of the State of New York without having effect to any principles of conflict of laws that would lead to the application of the laws of another jurisdiction. The Parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under these TOU will be brought exclusively in the federal or state courts located in New York County, New York and the Parties irrevocably consent to the personal jurisdiction of such courts and hereby irrevocably waive any objection to the laying of venue in such courts.
Waiver, Severability & Assignment. POCKYT’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign this TOU or any of your rights or obligations under these TOU, and any such attempt will be void. POCKYT may assign these TOU or any of its rights or obligations hereunder without restriction.
Complete Agreement. These TOU constitute the entire agreement between you and POCKYT with respect to the subject matter of these TOU and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these TOU. Other than as set forth in the “Indemnification” section above, these TOU creates no third-party beneficiary rights.