imported from 2505
https://groups.google.com/forum/#!msg/tosdr/IwAQCgUV1Iw/odUdvQEDvxkJ Terms of Service
The following terms and conditions govern all use of the PushBullet.com
website and the related mobile app (collectively, the "Service"). The
Service is owned and operated by PushBullet Inc ("PushBullet"). The Website
is offered subject to your acceptance without modification of all of the
terms and conditions contained herein and all other operating rules,
procedures that may be published from time to time on this Site by
PushBullet (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Service.
By accessing or using any part of the web site, you agree to become bound
by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may not access the
Service or use any services. If these terms and conditions are considered
an offer by PushBullet, acceptance is expressly limited to these terms. The
Service is available only to individuals who are at least 13 years old.
Your PushBullet Account and Site
If you create an Account on the Service, you are responsible for
maintaining the security of your account, and you are fully responsible for
all activities that occur under the account and any other actions taken in
connection with the account. You must immediately notify PushBullet of any
unauthorized uses of your account or any other breaches of security.
PushBullet will not be liable for any acts or omissions by You, including
any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Website Visitors
PushBullet has not reviewed, and cannot review, all of the material,
including computer software, posted to the Service, and cannot therefore be
responsible for that material's content, use or effects. By operating the
Service, PushBullet does not represent or imply that it endorses the
material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. The Service
may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Service may also contain
material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. PushBullet disclaims any responsibility for
any harm resulting from the use by visitors of the Service, or from any
downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including
computer software, made available through the websites and webpages to
which PushBullet.com links, and that link to PushBullet.com. PushBullet
does not have any control over those non-PushBullet websites and webpages,
and is not responsible for their contents or their use. By linking to a
non-PushBullet website or webpage, PushBullet does not represent or imply
that it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content.
PushBullet disclaims any responsibility for any harm resulting from your
use of non-PushBullet websites and webpages.
This Agreement does not transfer from PushBullet to you any PushBullet or
third party intellectual property, and all right, title and interest in and
to such property will remain (as between the parties) solely with
PushBullet. PushBullet, PushBullet.com, the PushBullet.com logo, and all
other trademarks, service marks, graphics and logos used in connection with
PushBullet.com, or the Service are trademarks or registered trademarks of
PushBullet or PushBullet licensors. Other trademarks, service marks,
graphics and logos used in connection with the Service may be the
trademarks of other third parties. Your use of the Service grants you no
right or license to reproduce or otherwise use any PushBullet or
PushBullet reserves the right, at its sole discretion, to modify or replace
any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Service following the posting of any changes to this Agreement constitutes
acceptance of those changes. PushBullet may also, in the future, offer new
services and/or features through the Service (including, the release of new
tools and resources). Such new features and/or services shall be subject to
the terms and conditions of this Agreement.
PushBullet may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your PushBullet.com
account (if you have one), you may simply discontinue using the Service.
All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
Disclaimer of Warranties
The Service is provided "as is". PushBullet and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither PushBullet nor its
suppliers and licensors, makes any warranty that the Service will be error
free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services
through, the Service at your own discretion and risk.
Limitation of Liability
In no event will PushBullet, or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i)
any special, incidental or consequential damages; (ii) the cost of
procurement for substitute products or services; (iii) for interruption of
use or loss or corruption of data; or (iv) for any amounts that exceed the
fees paid by you to PushBullet under this agreement during the twelve (12)
month period prior to the cause of action. PushBullet shall have no
liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by
General Representation and Warranty
You represent and warrant that (i) your use of the Service will be in
and with all applicable laws and regulations (including without limitation
any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside) and
(ii) your use of the Service will not infringe or misappropriate the
intellectual property rights of any third party.
You agree to indemnify and hold harmless PushBullet, its contractors, and
its licensors, and their respective directors, officers, employees and
agents from and against any and all claims and expenses, including
attorneys' fees, arising out of your use of the Service, including but not
limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between PushBullet and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of PushBullet, or by
the posting by PushBullet of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to
or use of the Service will be governed by the laws of the state of
California, U.S.A., excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same
will be the state and federal courts located in San Francisco County,
California. Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising under
this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. ("JAMS") by three arbitrators appointed in accordance with
such Rules. The arbitration shall take place in San Francisco, California,
in the English language and the arbitral decision may be enforced in any
court. The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys' fees. If any part of
this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions;
PushBullet may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.
Some portions of this document are borrowed--with permission--from here
under a Creative Commons license.
This Agreement was last modified on 01/31/2013
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