Terms and Conditions
The following Terms govern all use of the 1800PocketPC.com website and all content and services available through the website. The website is offered subject to your acceptance of the Terms contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by 1800PocketPC.com (collectively, the “Agreement”).
Responsibility of Contributors
If you comment via the comment section of an article, post any material to the website, post links on the website or make material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics or any other format in which 1800PocketPC.com stores data. By making Content available, you represent and warrant that:
- the copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third-party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content;
- you have fully complied with any third-party licenses relating to the Content;
- the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or to further unlawful acts or mislead recipients as to the source of the material.
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third-party; and
By submitting Content to 1800PocketPC.com, for example posting a comment on an article, you grant 1800PocketPC.com a world-wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content.
Without limiting any of those representations or warranties, 1800PocketPC.com has the right to, in 1800PocketPC.com’s sole discretion (i) refuse or remove any content, such as a comment, that, in 1800PocketPC.com’s reasonable opinion, violates any 1800PocketPC.com policy or is in any way harmful or objectionable.
Responsibility of Website Visitors
The website content may contain technical inaccuracies, typographical mistakes and other errors. You are responsible for taking precautions as necessary to protect yourself and your computer from viruses, worms, Trojan horses and other harmful content. 1800PocketPC.com disclaims any responsibility for any harm resulting from the use by visitors of the website. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. You are responsible for content that you post to our services and assume all risks of posting personal information online.
Trolling is any overly-abusive post directed at another person or product. Troll posts are inflammatory, extraneous, or off-topic messages whose primary intent is provoking readers into an emotional response or of otherwise disrupting normal on-topic discussion. Trolling will not be tolerated on this website. 1800PocketPC.com reserves the right to ban any user at our discretion.
Content Posted on Other Websites
All of the material, including computer software, made available through the websites and Web pages to which 1800PocketPC.com links, and that link to 1800PocketPC.com is beyond our jurisdiction. 1800PocketPC.com does not have any control over those non-1800PocketPC.com websites and their Web pages and is not responsible for their content. By linking to a non-1800PocketPC.com.com website, 1800PocketPC.com does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer from viruses, worms, Trojan horses and other harmful content. 1800PocketPC.com disclaims any responsibility for any harm resulting from the use by visitors of the website.
Copyright Infringement and DMCA Policy
As 1800PocketPC.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 1800PocketPC.com violates your copyright, you are encouraged to notify 1800PocketPC.com in accordance with 1800PocketPC.com’s Digital Millennium Copyright Act (“DMCA”) Policy. The policy states:
If you believe that content available by means of the website infringes one or more of your copyrights, please immediately notify 1800PocketPC.com by means of a emailed notice (“Infringement Notice”) providing the information described below. If 1800PocketPC.com takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to 1800PocketPC.com.
Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the website infringes your copyright, you should consider first contacting an attorney.
Please send your complaint to 1800PocketPC.com using the Contact Us page information. All Infringement Notices should include the following:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit 1800PocketPC.com to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
1800PocketPC.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 1800PocketPC.com, 1800PocketPC.com may, in its discretion, terminate or deny access to and use of the website.
Limitation of warranties of 1800PocketPC.com
Except as otherwise expressly stated, all content posted to or available from the website is provided “as is,” and 1800PocketPC.com make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the website at your own discretion and risk, and that 1800PocketPC.com will have no liability or responsibility for any damage to your computer or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties so some of the above may not apply to you.
Limitation of liability of 1800PocketPC.com
Except as otherwise expressly stated, in no event will 1800PocketPC.com be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if 1800PocketPC.com were expressly advised of the possibility of such damages. Some jurisdictions may not allow the exclusion or limitation of liability so some of the above limitations may not apply to you.
1800PocketPC.com contains links to other websites not owned and operated by us, but we do not exercise any control over these third-party websites. Third-party websites may place their own cookies, collect data or solicit personally identifiable information from you. We are not responsible for the privacy practices of other websites so we encourage you to learn about the privacy practices of those websites.
You agree to defend, indemnify and hold harmless 1800PocketPC.com, its officers, employees, agents and business partners from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website.
These Terms constitute the entire agreement between 1800PocketPC.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 1800PocketPC.com, or by the posting by 1800PocketPC.com of a revised version. If any part of these Terms 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 these Terms 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 these Terms to any party that consents to, and agrees to be bound by, its terms; 1800PocketPC.com may assign its rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
All copyrights and trademarks are the property of their respective owners. Pocket PC, Windows Mobile, Windows Mobile 2002, Windows Mobile 2003, Windows Mobile 5 and Windows Mobile 6 are among the trademarks or registered trademarks owned or licensed to Microsoft Corporation.
1800PocketPC.com is in no way affiliated with Microsoft Corporation.