LAST UPDATED: October 26, 2017.
1. Introduction and Overview.
2. Reporting Principles
Because you publish real stories on PocketNewZ site, we ask that you follow some basic reporting principles. Stories must be accurate, independent, impartial, accountable, and show consideration for the events and the circumstances of people being reported on. We request that you follow the following guidelines when publishing a story.
i. Truth and Accuracy
You cannot always guarantee ‘truth’, but getting the facts right is the cardinal principle of reporting the newz. You should always strive for accuracy, give all the relevant facts you have and ensure that they have been verified, it not personally, then by a trusted third party.
You must be an independent voice. You should not act, formally or informally, on behalf of special interests whether political, corporate or cultural WITHOUT SO INDICATING WHEN YOU PUBLISH A STORY. You should declare to any other users any relevant political affiliations, financial arrangements or other personal information that might constitute a conflict of interest.
iii. Trust and Confidence
You should strive to be fair and impartial and obtain where practical, different viewpoints on a particular story. While there is no obligation to present every side in every piece, stories should be balanced and add context. Objectivity is not always possible, and may not always be desirable but impartial reporting builds trust and confidence.
You should do no deliberate harm with your reporting. What we publish or broadcast may be upsetting, but we should be aware of the impact of our words and images on the lives of others.
v. Accountability and Error Correction
You must hold yourself and others who report on your stations accountable for meeting these minimum standards of reporting. If you commit an error you must correct it promptly.
Repeated failure to follow these principles can lead to your removal or your station at PocketNewZ’s sole discretion.
3. Acceptable User Content
You will only post User Content that is:
ii. Tagged with your location, your station, your profile name or any other identification that clearly identifies the source of the news and it’s location.
iii. Not knowingly fake
We reserve the right always (but will not have any obligation) to remove or refuse to distribute any User Content on our Service and to suspend and or terminate users without liability to you.
4. Unacceptable User Content
You may NOT post User Content that:
i. Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
ii. Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
iii. Promotes discrimination, hatred or harm against any individual or group;
iv. Is defamatory, obscene or pornographic;
v. Promotes terrorism
vi. Promotes or displays child abuse
vii. Is knowingly spam or misleading
viii. Contains violent threats, hate speech against federally protected groups, or
ix. Is harassing, abusive, constitutes spam or that is otherwise inconsistent with the purposes for which PocketNewZ makes our Service available.
5. Use of Our Service
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Our Services display content that is not PocketNewZ. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not mean that we review all our content, so please don’t assume that we do.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws, or places you in physical danger of being hurt.
6. Right to Access
7. Service Use.
A. Our Content.
The Service contains: (i) materials and other items relating to PocketNewZ and its products, and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Pocketnewz; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of PocketNewZ or our licensors or certain other third parties, and is protected by copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
B. Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, PocketNewZ grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in PocketNewZ’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Certain features of the Service may require you to register an account. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
You may not use the Service unless you are at least thirteen (13) years or older.
You may not: (i) use the Service or Content for any political purpose, commercial purpose or for the benefit of any third party; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, pornographic, violent, threatening, harassing, abusive, impersonating or falsely representative of your persona, invasive of someone else’s privacy, that constitutes cyberbullying or is otherwise objectionable to PocketNewZ; (iii) harvest any information from the Service, Content or users by any means (automated or otherwise) other than through Pocketnewz provided interfaces (NOTE: scraping the Services without the prior consent of PocketNewZ is expressly prohibited); (iv) attempt to decipher, decompile, disassemble or reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content or attempt to access, tamper with, or use non-public areas of the Services; (vi) attempt to bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect the Services or Content; (vii) infringe any intellectual property or other right of any third party; (viii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; (ix) post spamming User Content (as defined below) to the Service, whether for personal or commercial purposes; (x) perform, solicit or assist with a distributed denial of service (DDoS) attack against the Service or any user; (xi) post User Content to the Service that is knowingly false, patently does not constitute news or could otherwise be categorized as “fake news”; (xii) post personal or confidential information not authorized to be published by you; (xiii) otherwise violate these Terms or any applicable Additional Terms; or (xiv) encourage or enable any other individual to do any of the foregoing. We may take appropriate disciplinary measures, including account termination and/or content deletion, at our sole discretion for violation of these restrictions.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
E. Availability or Termination of the Service.
PocketNewZ may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in PocketNewZ’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Pocketnewz, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content. If you wish to terminate your relationship with PocketNewZ, please delete our mobile application, discontinue using the Service and contact Pocketnewz at CustomerService@PocketNewZ with the words TERMINATION OF SERVICE in the subject field.
F. Reservation of Rights.
All rights not expressly granted to you are reserved by PocketNewZ and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
8. Your Content
Our Service allows you to create, record, upload, share, publish, and store content, including videos (collectively, “User Content”). When you do that, you retain whatever ownership rights in that User Content you had to begin with. But you grant us a license to use that User Content.
When you create, record, upload, share, publish, or store User Content, or submit any feedback or unsolicited ideas to us, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your User Content, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name, station identification, user name, and/or handle in connection with that User Content. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have to the User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such moral rights in a manner that interferes with any exercise of the granted rights. Additionally, you acknowledge that though it may not happen often, there are cases when law officers and judges issue subpoenas or other legal orders requiring us to provide certain information about specific users for use in court.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your User Content is not an admission of its novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your User Content.
While we are not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including if we think your User Content violates these Terms. You alone, though, remain responsible for the User Content you create, upload, post, send, or store through the Service.
Your User Content must comply with the restrictions set out in Section 2.D. (“Restrictions”) above.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to upload, share, and publish the User Content you submit to the Service and to grant us the rights granted in this Section.
9. Copyright Infringement.
A. DMCA Notification.
PocketNewZ responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
i. A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
ii. Identification of the copyrighted work claimed to have been infringed;
iii. Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
iv. Your contact information, including your address, telephone number, and an email address;
v. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
vii. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent can be reached at: DMCA Designated Agent, Pocketnewz Corp. 7 Park Avenue, Suite 25, New York, 10016. Email: CustomerService@PocketNewZ.com with the words DMCA VIOLATION in the subject field. You can obtain further information from the Copyright Office’s online directory at https://dmca.copyright.gov/osp/.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
B. Counter Notification.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
i. A physical or electronic signature;
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
iv. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which PocketNewZ may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
10. Customer Support.
If you have any questions, comments or otherwise believe that any third-party user or posting violates the restrictions in section 2(D), please send an e-mail to us at CustomerService@PocketNewZ.com. You acknowledge that the provision of support is at PocketNewZ’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to Pocketnewz Corp., 7 Park Avenue, Suite 25, New York, New York 10016. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Third Party Services.
12. Service Features.
A. Wireless Features.
B. Location-Based Features.
You can opt out of receiving certain promotional communications (e-mails and push notifications) from us at any time by (i) for e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us at CustomerService@PocketNewZ.com with the word UNSUBSCRIBE in the subject field of the e-mail; and (ii) for push notifications or in-app messages, adjusting the permissions in your Device. Please note that your opt out is limited to the e-mail address or Device used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or PocketNewZ’s ongoing business relations. In addition, we may send a text message (including prerecorded and/or by autodialer) to the number you provide in your account settings in order to verify your mobile number or provide a sign-on code prior to setting up an account or making certain account changes.
13. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. We Both Agree to Arbitrate.
You and PocketNewZ agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate PocketNewZs intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances PocketNewZ may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
B. What is Arbitration?
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
C. Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or PocketNewZ must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and PocketNewZ, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and PocketNewZ.
E. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
F. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Pocketnewz in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND POCKETNEWZ WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
G. Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.
14. Disclaimer of Representations and Warranties.
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER POCKETNEWZ NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “POCKETNEWZ PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM POCKETNEWZ INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
15. Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE POCKETNEWZ PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM POCKETNEWZ INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the PocketNewZ Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your User Content; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. PocketNewZ reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with PocketNewZ’s defense of any claim. You will not in any event settle any claim without the prior written consent of PocketNewZ.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
17. Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY POCKETNEWZ OR A LICENSOR OF POCKETNEWZ.
18. Updates to Terms.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
19. General Provisions.
A. Consent or Approval.
No PocketNewZ consent or approval may be deemed to have been granted by PocketNewZ without being in writing and signed by an officer of PocketNewZ.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
C. Severability; Interpretation; Assignment.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. PocketNewZ may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Pocketnewz.
D. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or PocketNewZ in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. International Issues.
PocketNewZ controls and operates the Service from the U.S., and PocketNewZ makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
F. Investigations; Cooperation with Law Enforcement.
PocketNewZ reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. PocketNewZ may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
G. California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
H. Terms Applicable for Apple iOS or Android.
If you are using the Service through an Apple Device or an Android Device, the following terms apply:
(i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and PocketNewZ and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below. Similarly, if you are accessing the Service through an Android Device, you acknowledge that these Terms are entered into between you and PocketNewZ and, that Google, Inc. (“Google”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) If using an Apple Device the license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html). If using an Android Device the license granted to you in these Terms is subject to the Google Play Terms of Service (see: https://play.google.com/about/play-terms.html). Additionally, as stated herein you may also be subject to any third party terms of agreement applicable to the Service.
(iii) You acknowledge that PocketNewZ, and not Apple or Google, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that neither Apple nor Google have any obligations whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple or Google and PocketNewZ, PocketNewZ, and not Apple or Google is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple or Google responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple and Google, and their subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Service.