YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT.
My Pocket provides an online service for mobile application development (iPad, iPhone, Mobile website & Android). Where the “User” can develop and manage services such as mobile applications for their “Business or Clients.” The Web pages are available at www.MyPocket.net, a web service provided by Clark Online Network, LLC. and all linked pages unless indicated otherwise (“Site”), are owned and operated by Clark Online Network and are accessed by you (developer) under the following terms and conditions:
ACCESS TO THE SERVICES
My Pocket, may change, suspend or discontinue the Services (or User’s access thereto) at any time, including the availability of any feature, mobile applications, mobile application templates, services, or content, without notice or liability. My Pocket, reserves the right, at its discretion, to refuse to allow access to the services to any user at any time. My Pocket, also reserves the right, at its discretion, to modify this Terms and Conditions Agreement at any time.
MY POCKET, WEBSITES
While using My Pocket, you will not:
•Distribute or post spam, chain letters, or pyramid schemes;
•Copy, modify, or distribute content from the Sites and My Pocket’s copyrights and trademarks.
•Harvest or otherwise collect information about Users, including email addresses, without their consent.
•Post content or items in an inappropriate category or areas on our Sites or Services;
•Violate any laws, third party rights, or our policies.
•Manipulate the price of any items.
•Circumvent or manipulate our fee structure, the billing process, or fees owed to My Pocket.
•Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
•Compete against My Pocket with another mobile app development software platform for two years after logging onto our system.
•Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or using it for purposes unrelated to My Pocket.
User (whether a Seller or developer or otherwise) warrants, represents and agrees that it will not contribute, submit or make available through the services, or use the services in connection with, any content, application or application template that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. My Pocket, reserves the right to remove any Content, Application or Application template from the Site at any time, or to terminate User’s right to use the Services or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if My Pocket, is concerned that User may have breached the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph 13 (“Termination”). User is responsible for all of its activity in connection with the Services and accessing the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any My Pocket, User. User shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity.
Users hereby grants My Pocket the right to implement My Pocket’s Splash-screens and a maximum of two affiliate programs within the user’s app.
COMMUNICATIONS SOLELY WITH MY POCKET
User agrees to direct to My Pocket and not to any Seller or developer, as the case may be, all communications regarding any matter arising out of User’s use of the Services. Without limiting the foregoing, User shall not initiate any communication of any kind that encourages, solicits, induces, diverts, entices or otherwise takes away from My Pocket the business or patronage of any Seller or developer of My Pocket.
FEES and SERVICES
• Website, SEO and App Account fees – maybe charged monthly, quarterly or yearly for tech-support, software features, hosting and ability to develop and manage services using My Pocket applications platform. Service charges can be canceled 30-days prior the user’s next billing cycle. Cancellation can be sent via email or postal mail.
• App Reactivation Fee – $250 is charge when account access fee is 10 days past due date. The app account access is denied and the fee must be paid with current fees before the account can be reactivated.
• App Store Description & Store Graphics – the app store description and icon are not included in the price for development. However, My Pocket will develop both free of charge and submit if no assets are delivered at the time of submission. It is the buyer responsibility to develop and submit these items once a notice to publish has been issued to them. A $200 charge will be assessed for resubmitting any “APP STORE” information once the app approval has been issued.
All materials displayed or performed on or accessible through our Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, application templates, applications also known as the “Content”) are protected by copyright. The term “Content” as used herein specifically includes any application or other content made available or submitted by any seller. User shall abide by all copyright notices, information, and restrictions contained in any content accessed in connection with the Services.
User acknowledges and agrees that if User uses any of the Services to contribute or make available application or content, My Pocket is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by My Pocket, and agrees not to assert any Moral Rights with respect thereto.
User acknowledges and agrees that My Pocket, has no special relationship with or fiduciary duty to User and that My Pocket, has no control over, and no duty to take any action regarding: which Users gains access to the Site or Services; what Content User accesses or receives via the Site or Services; what Content other Users may make available, publish or promote in connection with the Services; what effects any content may have on User or its Users or customers; how User or its Users or customers may interpret, view or use the content; what actions User or its Users or customers may take as a result of having been exposed to the content, or whether content is being displayed properly in connection with the Services.
Further, (i) if User is a developer, User specifically acknowledges and agrees that My Pocket, has no control over (and is merely a passive conduit with respect to) any Content that may be submitted by any Buyer, and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User, and (ii) if User is an Buyer, User specifically acknowledges and agrees that My Pocket, has no control over any Content that may be available by any Seller (or otherwise), and that User is solely responsible (and assumes all liability and risk) for determining whether or not such Content is appropriate or acceptable to User.
User releases My Pocket, from all liability in any way relating to User’s acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site or Service may contain, or direct User to Sites or mobile applications containing, information that some people may find offensive or inappropriate. My Pocket makes no representations concerning any Content contained in or accessed through the Site or Services, and My Pocket, will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.
My Pocket cannot guarantee that the third party application store (such as Apple’s iTunes App Store) will accept the application for any reason or no reason at all. “My Pocket” invest many hours setting up and developing the application. No refunds are granted. However, My Pocket will continue to revise the app and resubmit.
MY POCKET HAS NO LIABILITY OVER THE “USER” OR THE “DEVELOPER”
Users cannot do business or solicit business outside of My Pocket, for the same or similar business or content.
THE SERVICES APPLICATIONS, TEMPLATES, CONTENT AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MY POCKET DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY MOBILE APPLICATION, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): MY POCKET, MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE, APPLICATIONS OR ANY WEBSITE LINKED TO THE SITE OR THROUGH ANY USE OF THE SERVICES. My Pocket, will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on its equipment and transmitted over networks accessed by the Site, APPLICATION or otherwise connected with User’s use of the Site or Services.
REGISTRATION AND SECURITY
As a condition to using Services, User will be required to register with My Pocket, and select a password and enter User’s email address (“My Pocket, User ID”). User shall provide My Pocket, with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a My Pocket, User ID a name of another person with the intent to impersonate that person; (ii) use as a My Pocket, User ID a name subject to any rights of a person other than User without appropriate authorization. My Pocket, reserves the right to refuse registration of, or cancel a My Pocket, User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s My Pocket, password.
EQUIPMENT AND ANCILLARY SERVICES
User shall be responsible for obtaining and maintaining any equipment or ancillary Services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other communication device connection Services. User shall be responsible for ensuring that such equipment or ancillary Services are compatible with the Site and any Services and User shall be responsible for all charges incurred in connection with all such equipment and ancillary Services, including any fees charged for airtime usage and/or sending and receiving messages or related notifications.
User will indemnify and hold My Pocket,, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL MY POCKET, BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR APPLICATIONS (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
• If Apple will require My Pocket, to update the Application for any reason, My Pocket, may charge “Buyer” for the Service of updating the App.
• My Pocket Business may add: “Powered by” My Pocket, Tab/Screen/Page including buttons calling for actions, text, Splash screen and any other marketing items for free and/or in paid applications.
My Pocket may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid here-under are non-refundable and non-cancel-able. Upon termination of the User’s account, User’s right to use the Services will immediately cease and User will remove all My Pocket, Applications from App Store. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
REPRESENTATIONS AND WARRANTIES
If User is a seller, User represents and warrants to My Pocket, that (i) User is the owner of each Mobile Application User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Mobile Application for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User here-under. User further represents and warrants to My Pocket, that each of User’s Mobile Applications and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) are not hate-related in content. If User is an buyer, User represents and warrants to My Pocket, that (i) User is the owner of each Services User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Services for the purposes of this Agreement, and (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder. User further represents and warrants to My Pocket, that each of User’s Services and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content and (d) are free from viruses and any other contaminants of any nature whatsoever.
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