Pokeme Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE pokeme.com, is provided to you ("User") under the terms and conditions of this pokeme Terms of Service (PTS) and any operating rules or policies that may be published by pokeme.com.
pokeme provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.pokeme/terms.html
The PTS comprises the entire agreement between Member and pokeme and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE PTS.
pokeme shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these TOS shall be effective immediately following the posting of such changes on this website.
You agree to review these TOS from time to time and agree that any subsequent use by you of this website following changes to these Terms of Service shall constitute your acceptance of all such changes.
This website is for entertainment purposes only.
The performance of this website and all information contained on, downloaded or accessed from this website, is provided to you on an "as is", "with all faults", basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.
Your use of the website is at your own risk. You assume all risk for any damage to your computer system. pokeme shall not be responsible for problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.
You acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall pokeme be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if pokeme or such provider has been advised of the possibility of such damages.
pokeme reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.
Confidentiality and Transmissions over the Internet
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. pokeme does not control Content posted via the Service and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be pokeme's sole discretion as to what action should be taken.
You agree to NOT use the Service to:
1. Upload, post or otherwise transmit any content that is in pokeme's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way, as seen by pokeme or applicable law;
3. Impersonate any person or entity, including, but not limited to, a pokeme staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. "Stalk" or otherwise harass another person or company;
12. Collect or store personal data about other users for business purposes;
13. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
14. Use pokeme as a forwarding service to another website.
15. Allow usage by others in such a way as to violate pokeme.com's TOS;
16. Engage in commercial activities within pokeme or on behalf of pokeme without prior approval. This includes, but is not limited to, the following activities:
a. Creating memes that are designed to profit you or any other business or organization; and
b. Creating memes for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
If any user is reported to be in violation with the letter or spirit of these terms, pokeme retains the right to terminate such account at any time without further warning and or delete any memes.
You understand that you cannot create multiple accounts for this service. You understand there is a one account per user limit. You acknowledge that doing so may lead to your accounts being disabled permanently.
You acknowledge that pokeme may not pre-screen Content, but that pokeme and its employees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, pokeme and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by pokeme or submitted to pokeme, including without limitation information in pokeme Message Boards, Tag Boards, and in all other parts of the Service. pokeme may filter user content that appears on the pokeme home page.
You acknowledge, consent and agree that pokeme may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of pokeme, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by pokeme and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
If you're having problems with another user, or believe that someone is violating the Terms of Service, you can send an email to the Abuse Team at abuse at pokeme.com. Make sure that you give us as much information as you can about the subject. Be specific. Give details on the exact location where the item can be found. We must see exactly what you are complaining about; meme titles, paragraphs, sentences, etc. before we can make a determination in the matter. After review, we will take the appropriate steps if necessary. If you do not communicate specific location information, your complaint may be ignored.
You understand that the pokeme is not obligated in any way for removal of any meme created by you or on your behalf. Removal of spam memes created by you or on your behalf may be accomplished by contacting pokeme and requesting meme removal. Processing fees may apply.
You agree that pokeme.com, in its sole discretion, may terminate your password, memes, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if pokeme believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts, at pokeme.com's discretion, will be terminated as well. pokeme may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that pokeme may immediately deactivate or delete your pokeme memes and all related information and files. pokeme reserves the right to bar any further access to such files or the Service. You agree that pokeme shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
Indemnification by User
You agree to indemnify, defend and hold pokeme and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website, or arising out of your content on this website or breach of these Terms of Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other Terms of Service on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
VOLUNTEERS AND pokeme
pokeme volunteers are often called upon to perform a variety of technical and non-technical tasks, including, but not limited to, programming, the creation of web-based content (HTML, CGI, and other formats), graphic design, audio and/or visual content creation, technical writing, managing electronic data libraries and/or databases, technical support, reviewing, categorizing, legal assistance, archiving and/or forwarding electronic data, providing expert advice, administration, management, accounting, research, content creation, promotions, or other assignments, as needed. All volunteers are expected to be of legal age, or volunteering with the consent of a legal parent or guardian.
By accepting these Terms of Service, any pokeme member agrees that the intellectual content created as a result of volunteer work for pokeme constitutes a work for hire and that all intellectual property rights in said content shall vest in pokeme at the time that it is created to the extent permitted by law. If laws prevent such vesting, the volunteer makes assignment of all such rights to pokeme at the time of creation.
If laws prevent such assignment, the volunteer grants a perpetual world wide irrevocable license to pokeme to use said content. If laws prevent such licensing, the volunteer agrees never to sue pokeme for the use of said content.
The volunteer certifies that any electronic data he/she submits is his/her work and that to the best of the volunteer's knowledge, the electronic data is not claimed by another. pokeme will provide sufficient tools, training and direction to the volunteer as necessary to accomplish mutual goals. The volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if said work is found to be illegally presented, claimed, or forged, pokeme will remove such material and, at pokeme.com's discretion, seek action against the individual(s) from which the work originated.
No pokeme user is required to become a volunteer to this service, and users without volunteer status are guaranteed reasonable support and attention as compared to those users that are volunteers.
Without the expressed written confirmation to the contrary, all pokeme positions are assumed to be taken without pay or future consideration.
pokeme is committed to respecting others' intellectual property rights and we ask our users to do the same. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify pokeme.
If any provision of these Terms of Service is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Service shall continue in full force and effect. No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Service.
If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, and the laws of the United Sates of America applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in Los Angeles, California.
If you have any questions or concerns about our website or these Terms of Service, please feel free to contact us at: firstname.lastname@example.org