Terms and Conditions
1. The Service and Terms
Pocketly provides a collection of online resources, including information relating to coupons and products available both online and at brick & mortar retailers (referred to hereafter as "the Service"). The Service is provided by Pocketly, and is subject to the following Terms and Conditions ("Terms"), which may be updated by Pocketly from time to time. The Service is provided through the Site (Pocketly.com), the App (Pocketly iOS and Android apps, collectively), and other channels. You must be at least 14 years of age to use this Service. By using the Service in any way, you are agreeing to comply with these terms.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or email on the Service. Pocketly does not control, and is not responsible for Content made available through the Service. By using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Pocketly site and Content available through the Service may contain links to other websites. Pocketly makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk and we recommend that you do so carefully. Pocketly will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Pocketly does not pre-screen or approve Content, but it has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Copyrights and Trademarks
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Pocketly and the Pocketly logo, icons and marks identifying Pocketly products and services are trademarks of Pocketly and may not be used without the written consent of Pocketly. You may not copy, reproduce, distribute, or create derivative works of the Service without Pocketly's express written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. Pocketly respects the intellectual property of others and we require that our users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Pocketly at firstname.lastname@example.org. Please provide us with the following information regarding the alleged infringement: Identify the copyright or other intellectual property right asserted;; Identify the material on the Pocketly site or app that you claim is infringing, with enough detail so that we may locate it; A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. Pocketly will evaluate your claim and act in accordance with the law.
5. Privacy and Information Disclosure
6 . Conduct
You agree not to post, email, or otherwise make available Content: that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, a Pocketly employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person's explicit consent. that is false, deceptive, misleading, deceitful, or misinformative. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement. that constitutes or contains any form of advertising or solicitation if (1) posted in areas of Pocketly sites which are not designated for such purposes; or (2) emailed to Pocketly users who have requested not to be contacted about other services, products or commercial interests. that includes links to commercial services or web sites, except as allowed in "services". that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law. 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; that disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
7 . No Spam Policy
Any unauthorized use of Pocketly computer systems, including but not limited to the sending of unsolicited email advertisements to Pocketly email addresses or through Pocketly computer systems, is a violation of these Terms and certain federal and state laws, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
8 . Limitations on Service
You acknowledge that Pocketly may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Pocketly has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Pocketly reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Pocketly shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9 . Termination of Service
You agree that Pocketly in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Pocketly believes that you have violated these Terms. Further, you agree that Pocketly shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
10 . Dealings with Organizations and Individuals
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Pocketly shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Pocketly is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Pocketly, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
11 . Disclaimer of Warranties
YOU AGREE THAT USE OF POCKETLY SITE, APP, AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, POCKETLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF POCKETLY SITE, APP, AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, POCKETLY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON POCKETLY SITE OR THE SITES, APP, OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON POCKETLY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, POCKETLY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH POCKETLY SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12 . Limitations of Liability
IN NO EVENT SHALL POCKETLY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF POCKETLY SITE, APP, OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF POCKETLY SITE, APP OR THE SERVICE, FROM INABILITY TO USE POCKETLY SITE, APP, OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF POCKETLY SITE, APP, OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH POCKETLY SITE, APP, OR THE SERVICE OR ANY LINKS ON POCKETLY SITE OR APP, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH POCKETLY SITE, APP, OR THE SERVICE OR ANY LINKS ON POCKETLY SITE OR APP. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
13 . Indemnity
You agree to indemnify and hold Pocketly, parent company, and their respective officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
14 . General Information
The Terms and the relationship between you and Pocketly shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Pocketly agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Castle, Delaware. The failure of Pocketly to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect.