End User License Agreement (EULA) - PokPong Internet Security
Terms of Service Last Updated: 23 April , 2021.
These Terms of Service (the “TOS” or “Agreement”) form a binding, legal agreement between PokPong Mobile Security (“App” or “we”) and you. By accepting this Agreement or using or accessing any PokPong Mobile Security Service, you acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this Agreement. If you do not agree with this TOS, you are not permitted to access or use any PokPong Mobile Security Service(s) and must immediately stop doing so. TO THOSE THAT LICENSE OR USE THE POKPONG MOBILE SECURITY SERVICES FROM WITHIN THE UNITED STATES THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTION CLAIMS. PLEASE READ THOSE PROVISIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. These Terms of Service are effective as of February 1, 2020.
1. Your Account. You may need to create a PokPong Mobile Security account (“Account”) to place orders for or use certain PokPong Mobile Security Services (or some of their features). You understand that we may send notices, e-mails, statements, announcements and other account-related information to you using the information on your Account, and you hereby consent to us doing so. You represent and warrant that your Account information is accurate and complete, and you agree to keep your Account information (including any payment information) up-to-date, accurate and complete. You are responsible for the security of your Account, including for keeping any access credentials (such as user IDs, passwords and other access credentials) secure. You must not share your access credentials with any other person or entity and, in case of any security breach, you must promptly notify PokPong Mobile Security and change your access credentials immediately. You are solely responsible for all activities that occur on or through your Account or through your PokPong app, including any purchases. In no event will any PokPong Mobile Security Entity (as defined below) be responsible for any activity, damages, liability or losses arising out of or resulting from the unauthorized use of your Account or from your failure to keep your Account information and access credentials secure, accurate and complete.
2. Use Rights.
2.1. Your Use Rights.
Subject to the terms and conditions of this Agreement, PokPong Mobile Security grants you a personal, nontransferable, non-exclusive, non-sublicensable, limited, revocable license to use the PokPong Mobile Security Service(s) that PokPong Mobile Security makes accessible to you (either itself or through a Distributor), provided you use the PokPong Mobile Security Service solely for your personal, noncommercial use and strictly in accordance with this Agreement and any applicable Guidelines, Documentation and Usage Limits (as defined below). You may use PokPong Mobile Security’s mobile apps only on those mobile devices that you legally own and control, and you understand and agree that PokPong Mobile Security may impose Usage Limits on your use as described below.
2.2. Paid Subscription.
PokPong Mobile Security may make certain PokPong Mobile Security Services (such as our mobile apps or Paid features) available to you for a fee (each such PokPong Mobile Security Service, a “Paid Subscription”). These Paid Subscription(s) are provided to you for a monthly, annual or other subscription term specified at the time you place your order (the “Subscription Term”). With respect to Paid Subscriptions, the rights granted to you above: (i) are subject to our receipt of payment of the applicable fees (either directly from you or from the Distributor through whom you purchased the product) and (ii) end when your Subscription Term is cancelled or terminated.
2.3. Documentation and Support.
We may provide you with access to online FAQs, information, tips and other materials to help you use PokPong Mobile Security Services (the “Documentation”, currently available here). Any additional PokPong Mobile Security support services (such as email or phone support) are provided at our discretion, and you understand and agree that PokPong Mobile Security may discontinue Terms of Service 2021-04-20 and/or change its support services (including by modifying support hours and communication channels) at any time without liability to you. To the extent permitted by applicable law all Documentation and support services are provided “AS IS” without warranty of any kind. PokPong Mobile Security does not guarantee that errors will be resolved, that our Documentation or responses will be accurate or that responses will be timely. If you have obtained any PokPong Mobile Security Services from one of PokPong Mobile Security’s Distributors, that Distributor has no responsibility to provide you with any warranty, maintenance, app data recovery or support services with respect to the PokPong Mobile Security Services or for otherwise addressing any issue or claim with PokPong Mobile Security Services.
2.4. Usage Limits.
You understand and agree that, from time to time and without liability to you, PokPong Mobile Security may establish and/or modify its general practices and usage limits regarding the PokPong Mobile Security Services (such practices and usage limits, the “Usage Limits”). Usage Limits may include the features included in a Paid Subscription package, limits on the number of devices that can be associated with an Account, the number of devices where our mobile app can be installed, and storage limits. The latest Usage Limits are generally available in our Documentation or in the PokPong Mobile Security Service itself. These Usage Limits may vary depending on how you receive PokPong Mobile Security Services, so please contact PokPong Mobile Security’s support with any questions.
2.5. Updates and Product Changes.
Unless otherwise specified by PokPong Mobile Security in writing, this Agreement will also govern any bugfixes, patches, maintenance releases, upgrades and updates to PokPong Mobile Security Services that PokPong Mobile Security develops and makes available to you (“Updates”), and such Updates will be considered “PokPong Mobile Security Services” under this Agreement. However, you understand and agree that PokPong Mobile Security has no obligation to provide you with Updates and that any Updates may be made available for a fee or under different or additional terms and conditions, as determined by PokPong Mobile Security. PokPong Mobile Security Services consisting of installable software (such as our mobile app) may update automatically on your device once a new version or feature is available, and you consent to such automatic Updates. We are constantly changing and improving our PokPong Mobile Security Services, so we reserve the right without liability to you to add or remove functionalities or features, to modify PokPong Mobile Security Services and to suspend or stop a PokPong Mobile Security Service altogether.
2.6. General Restrictions.
You must not (and agree not to permit, induce, assist or encourage anyone else to): (i) rent, lease, sell, offer to sell, distribute, transfer or sublicense any PokPong Mobile Security Service; (ii) permit anyone else to use or access your Account or any PokPong Mobile Security Service licensed to you (including by sharing your access credentials or license keys); (iii) use any PokPong Mobile Security Service (or any component thereof, including any results or output derived from a PokPong Mobile Security Service) to power or support any other site, software, product or service, or otherwise for any other person or entity’s benefit; (iv) integrate, include or provide any PokPong Mobile Security Service (or any component thereof, including any results or output derived from a PokPong Mobile Security Service) in or as part of another site, software, product or service; (v) execute PokPong Mobile Security’s mobile apps in any environment (including any emulated environment) other than on personal mobile device(s) that you legally own and control; (vi) modify, alter, tamper with or create any derivative work of any PokPong Mobile Security Service (or any feature or component thereof), or use or access any PokPong Mobile Security Service to attempt to create a substitute or similar product; (vii) attempt to decipher, decompile, disassemble, reverse engineer, or otherwise obtain the source code, underlying ideas, algorithms, file formats, or non-public APIs of any component of a PokPong Mobile Security Service (including executable and configurable content or any data from PokPong Mobile Security’s security cloud service), except where permitted by law (and then only with advance notice to PokPong Mobile Security); (viii) without our prior written permission, perform tests on a PokPong Mobile Security Service, publicly disseminate test-related information about a PokPong Mobile Security Service, or otherwise use or access any PokPong Mobile Security Service as a research tool or for competitive intelligence purposes (including to verify a set of known results); (ix) make more copies of any PokPong Mobile Security installable software than are reasonably required to support your authorized use; (x) access or use a PokPong Mobile Security Service in a way that avoids incurring applicable fees or hiding usage; (xi) re-download or re-access any PokPong Mobile Security Services after we have terminated your license, subscription or Account; or (xii) obscure any proprietary or other notices contained in any component of the PokPong Mobile Security Service (including any results or output). You understand and agree that any violations of these restrictions will constitute a breach of this Agreement and a violation of PokPong Mobile Security’s intellectual property rights.
3. User Content, Data and Feedback.
3.1. User Content.
3.2. User Data.
3.3. Responsibility for User Data and User Content.
You are solely responsible for User Content, User Data and your use of PokPong Mobile Security Services. We do not endorse User Content or User Data, have no obligation to monitor any User Content or User Data, and assume no responsibility whatsoever for these materials. In all cases, PokPong Mobile Security reserves the right to remove or disable access to any User Content or User Data without liability to you for any or no reason, including to account for changes to PokPong Mobile Security Services or Usage Limits or to prevent breaches of this Agreement, harm to other users, or liability to third parties. PokPong Mobile Security may take these actions without prior notification to you or any third party. Removal or disabling of access to these materials shall be at our sole discretion and to the extent permissible in the jurisdiction where the PokPong Mobile Security Services are provided, we do not promise to remove or disable access to any specific User Content or User Data. You are solely responsible for maintaining additional backup of User Content and any User Data, and PokPong Mobile Security is not responsible for loss or destruction of these materials.
If you are the owner of content, please note that it is our policy to respect the legitimate rights of copyright and trademark owners and (in appropriate circumstances) terminate the Accounts of users who infringe the intellectual property of others, including repeat infringers. We will respond to clear notices of alleged infringement in accordance with our DMCA Policy.
4. Some Additional Rules.
4.1. Legal Consent.
You may use a PokPong Mobile Security Service only if you can form a binding contract with PokPong Mobile Security and are not a person barred from receiving the PokPong Mobile Security Service under the laws of the United States or other applicable jurisdiction. You represent and warrant that: (i) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and (ii) are fully able and competent, and have the legal power, capacity and authority, to enter into this Agreement and to abide by and comply with it. In any event, if you are under 16, you are not permitted to use any PokPong Mobile Security Service.
4.2. Acceptable Use.
You agree to abide by our Acceptable Use Policy (available below) and represent and warrant that the User Data, User Content and your use of any PokPong Mobile Security Service will not: (i) violate any local, state, federal or international law, rule or regulation; (ii) harm any person or entity; (iii) infringe any person or entity’s rights (including intellectual property, privacy, publicity and other rights); or (iv) violate this Agreement. You further represent and warrant that you have all rights, releases and permissions needed to: (x) permit you to use the PokPong Mobile Security Services (including, where applicable, to manage multiple devices in a plan) and (y) grant us the licenses, rights and consents under this Agreement (including as provided in Section 4 above).
4.3. Special Terms for Identity Protection Services (Available to U.S. Residents only).
4.4. Third Party Products.
Some PokPong Mobile Security Services may link to, be installed on or be provided with products, apps, software, add-ons, extensions, websites, online services, features, functionality and/or content that is owned or controlled by third parties (such items, the “Third Party Products”). Third Party Products may be governed by terms of service, privacy policies, and other agreements between you and the provider of such products, and you agree to review and abide by such terms and policies.
4.5. Other Service-Specific Terms.
Our PokPong Mobile Security Services are very diverse, so sometimes we may post or provide additional terms, conditions and guidelines (collectively, the “Guidelines”) applicable to a particular PokPong Mobile Security Service (or particular features). If you access or use such PokPong Mobile Security Services, those Guidelines become part of your agreement with us and are incorporated by reference into this Agreement.
5. Payments Terms.
If you place an order for a Paid Subscription, you agree to pay the applicable fees upfront for the entire Subscription Term. All fees and charges are nonrefundable and non-creditable, and there are no refunds or credits for partially used Subscription Terms.
5.2. Billing Methods.
If you order Paid Subscription from PokPong Mobile Security using your credit card, we will automatically charge the applicable fees plus any applicable taxes to your credit card for the entire Subscription Term. If your credit card reaches its expiration date, your continued use of the Paid Subscription constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. If you order any PokPong Mobile Security Services from a Distributor (such as from your wireless operator using carrier billing, by purchasing our mobile app using app-store billing or by purchasing a license key from a Distributor), you may make applicable payments to the Distributor subject to the terms and conditions between you and that Distributor, but your use of PokPong Mobile Security Services remains subject to this Agreement.
From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). PokPong Mobile Security reserves the right, in its discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. We may automatically start to charge you for the applicable Paid Subscription on the first day following the end of the Trial, unless you cancel as described in the “Automatic Renewals” section below.
5.4. Failure to Pay.
If you fail to timely pay any fees, if we are unable to process your payment, or if we do not receive our corresponding payment from the Distributor from whom you purchased the Paid Subscription, PokPong Mobile Security at its option may suspend or terminate your right to use the Paid Subscription, without liability to you. Regardless of such termination or suspension, you will be responsible for paying all past due amounts.
5.5. Automatic Renewals.
To the extent not prohibited by applicable law and unless otherwise specified by us at the time you place your order PokPong Mobile Security Paid Subscriptions are provided on a subscription basis for the monthly, annual or other subscription term you selected. You understand and agree that your subscription is autorecurring and will automatically renew unless auto-renew is turned off (as described below) at least twenty-four hours before the end of the current subscription term. Please note that we reserve the right to change the cost of your subscription effective on automatic renewal of your subscription, and we will notify you of any changes to the cost of your subscription before your subscription renews. When your subscription renews, your account will automatically be charged the then-applicable subscription price, and you hereby authorize us to charge the payment method on your account. Subscriptions may be managed, and auto-renewal may be turned off, by going to the Account Settings screen on your device (or through the account page on the applicable App Store) after your purchase. You may cancel your subscription during a subscription term, however there will be no refunds or credits for partial subscription terms. You agree to receive all communications electronically.
6. Termination and Suspension.
6.1. Termination and Suspension. We may terminate or suspend your Account and/or your access to the PokPong Mobile Security Services, without prior notice and without liability, for any or no reason, including if we determine in good faith that: (a) you have violated this Agreement, (b) you have infringed third party rights or any applicable laws, rules or regulations, (c) you are no longer actively using the PokPong Mobile Security Service, or (d) you have failed to pay fees owed to PokPong Mobile Security. These remedies are in addition to any other remedies PokPong Mobile Security may have at law, in equity or otherwise. We will make a reasonable attempt to notify you of any termination or suspension of your access to the PokPong Mobile Security Services using the information on your Account Terms of Service 2021-04-20 or through the PokPong Mobile Security Service itself. However, we reserve the right to terminate access to PokPong Mobile Security Services at any time, with or without notice.
6.2. Effect of Termination.
You acknowledge and agree that upon suspension, termination or expiration your ability to access User Content and/or User Data will cease and that PokPong Mobile Security will have no obligation to store any such items or provide them to you. If we terminate your access to PokPong Mobile Security Service(s), your license rights shall terminate and you must: (i) immediately cease any use the applicable PokPong Mobile Security Service(s) and (ii) delete (or, at our request, return) any and all copies you have of the applicable PokPong Mobile Security Service (if any).
All terms and conditions of this Agreement will survive any suspension, termination or expiration, except for the rights granted to you under Section 3.1 (Your Use Rights).
7. Intellectual Property Rights.
7.1. PokPong Mobile Security Technology.
Notwithstanding any use of the words “purchase”, “sale” or similar terms, the PokPong Mobile Security Services are being licensed to you, not sold. Notwithstanding anything to the contrary herein, PokPong Mobile Security (or the PokPong Mobile Security Entities, as applicable) retain all rights, title and interest (including all intellectual property rights) in and to the PokPong Mobile Security Services, any content, data, results, information, analysis or output generated by or that you obtain from a PokPong Mobile Security Service, and any Updates, modifications or derivative works of any of the foregoing, including as may incorporate any Feedback. PokPong Mobile Security reserves any licenses not expressly granted herein.
7.2. Open Source.
Sometimes PokPong Mobile Security may provide you with software, such as mobile apps, that may include components subject to a so-called “open source” software license (such components, “Open-Source Components”). To the extent required by the license terms covering the Open-Source Components, those license terms will apply in lieu of the license terms and restrictions of Section 3; however, the remaining sections of this Agreement, including Section 9 (Disclaimers and Limitations of Liability), will continue to apply to all components of the PokPong Mobile Security Services, including OpenSource Components.
8. Disclaimers and Limitations of Liability.
Please read the following provisions carefully, as they limit the liability of PokPong Mobile Security Entities. “PokPong Mobile Security Entities” means: (i) PokPong Mobile Security, its parents, subsidiaries, affiliates and related companies (collectively, the “PokPong Mobile Security Companies”); (ii) the PokPong Mobile Security Companies’ officers, directors, employees, agents, contractors and representatives; and (iii) the PokPong Mobile Security Companies’ Distributors, licensors, suppliers, service providers and data providers (including without limitation our providers of hosted services and Identity Protection Services), and their parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, contractors, representatives and data providers.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, EACH POKPONG MOBILE SECURITY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EACH POKPONG MOBILE SECURITY ENTITY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE POKPONG MOBILE SECURITY ENTITIES (AND EACH OF THEM) DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY POKPONG MOBILE SECURITY SERVICE (INCLUDING ANY CONTENT, DATA, RESULTS, INFORMATION OR OUTPUT THEREIN OR OBTAINED THEREFROM): (A) WILL BE ACCURATE, COMPLETE, TIMELY, CURRENT, SECURE (INCLUDING FROM UNAUTHORIZED ACCESS), RELIABLE, UNINTERRUPTED, ERROR-FREE OR MAINTAINED WITHOUT LOSS OR (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, POKPONG MOBILE SECURITY AND THE OTHER POKPONG MOBILE SECURITY ENTITIES WILL NOT BE LIABLE IN WHOLE OR IN PART FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED BY YOUR USE OF A POKPONG MOBILE SECURITY SERVICE OR THE CONTENT, DATA, RESULTS, INFORMATION OR OUTPUT THEREIN OR OBTAINED THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8.2. Limitations of Liability.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW: (A) IN NO EVENT WILL POKPONG MOBILE SECURITY OR ANY OTHER POKPONG MOBILE SECURITY ENTITY BE LIABLE FOR ANY LOSS OF USE, PROFITS OR BUSINESS; DAMAGE INVOLVING ANY DEVICE, EQUIPMENT, SYSTEM, CONTENT OR DATA (INCLUDING FOR LOSS, THEFT OR UNAUTHORIZED ACCESS TO SUCH ITEMS); COSTS OF SUBSTITUTE PRODUCTS OR SERVICES; REPUTATIONAL HARM; OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF THE POKPONG MOBILE SECURITY ENTITY KNOWS OF THE Terms of Service 2021-04-20 POSSIBILITY OF SUCH DAMAGES AND (B) WITHOUT LIMITING THE FOREGOING, POKPONG MOBILE SECURITY’S AND THE OTHER POKPONG MOBILE SECURITY ENTITIES’ TOTAL, COLLECTIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE POKPONG MOBILE SECURITY SERVICES, IF ANY, SHALL NOT EXCEED IN AGGREGATE THE GREATER OF THE APPLICABLE POKPONG MOBILE SECURITY SERVICE IN THE ONE (1) MONTH PRECEDING THE CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
8.3. Third Party Products.
THE POKPONG MOBILE SECURITY ENTITIES: (A) DO NOT ENDORSE, WARRANT OR SUPPORT THIRD PARTY PRODUCTS AND (B) DISCLAIM ANY RESPONSIBILITY AND LIABILITY (INCLUDING FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL AND OTHER DAMAGES OF ANY TYPE) ARISING FROM OR RELATING TO THIRD PARTY PRODUCTS OR THEIR BEHAVIOR, FEATURES OR CONTENT.
You agree to indemnify and hold PokPong Mobile Security and the PokPong Mobile Security Entities harmless from and against any third-party claims, proceedings and demands and related losses, costs, damages, liabilities and expenses (including defense costs and reasonable attorney’s fees) arising out of or related to: (a) your use or misuse of PokPong Mobile Security Service(s); (b) your breach of any provision of this Agreement; or (c) your violation or alleged violation of any law or third-party right (including without limitation any intellectual property, privacy, publicity or other right). You further agree to defend PokPong Mobile Security and the PokPong Mobile Security Entities against any such claims at our request, but we have right to assume the exclusive defense and control of such claims. You must notify us of any such claims immediately and cooperate with PokPong Mobile Security in any defense. When you are defending a claim, PokPong Mobile Security may participate in the defense through counsel of our own choosing and you must not make any admissions, take positions adverse to PokPong Mobile Security or settle any claim without our prior written consent.
Terms of Service 2021-04-21
10.1. Governing Law and Jurisdiction. This Agreement is governed by the laws of the State of California and the United States, without regard to choice or conflict of law rules thereof. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement. The Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement regardless of when or where adopted. Except for the claims specified in Section 10.6 (Exceptions) above, any claim or dispute that is not subject to arbitration must be resolved by the state or federal courts for San Francisco County, California, and the parties hereby submit to the jurisdiction of such courts and waive any jurisdictional and venue defenses otherwise available.
10.2. Entire Agreement. PokPong Mobile Security’s Acceptable Use Policy and any applicable Guidelines are a part of and hereby incorporated into this Agreement. This Agreement (including those policies and guidelines) is the entire agreement between you and PokPong Mobile Security relating to the PokPong Mobile Security Services or any other subject matter covered by this Agreement, and it supersedes all other oral or written communications, proposals, discussions and representations with respect to PokPong Mobile Security Services.
10.3. Amendments. PokPong Mobile Security reserves the right, at its sole discretion, to modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on the PokPong Mobile Security website and/or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the PokPong Mobile Security Services after we have posted a modification on the PokPong Mobile Security Services or have otherwise provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the PokPong Mobile Security Services. Notwithstanding the foregoing, changes to Section 10 (Arbitration and Class Action Waiver) shall be governed by Section 10.8 (Changes to this Section).
The failure of PokPong Mobile Security to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement (and any rights and licenses granted herein) may not be assigned by you, and any assignment by you is void. PokPong Mobile Security may assign or delegate this Agreement without restriction, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
10.7. Government Requests.
10.8. U.S. Government Use.
The PokPong Mobile Security Services are commercial computer software. If you are an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the PokPong Mobile Security Services, or any related documentation of any kind, including technical data and manuals, is restricted by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The PokPong Mobile Security Services were developed fully at private expense. All other use is prohibited.
10.9. Export Restrictions.
The PokPong Mobile Security Services are subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to or use of the PokPong Mobile Security Services. You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of the PokPong Mobile Security Services or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of Terms of Service 2021-04-20 the United States or any foreign government, agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list and (ii) that none of User Content or User Data is controlled under the US International Traffic in Arms Regulations. The PokPong Mobile Security Services may not be used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.
10.10. Third Party Rights.
This Agreement is between you and PokPong Mobile Security only, not with any of our Distributors, and our Distributors are not responsible for the PokPong Mobile Security Services or the content thereof. However, you acknowledge and agree that PokPong Mobile Security Entities are intended beneficiaries of the Agreement and have the right to enforce the Agreement directly against you. Except as specified in this Section, there are no third-party beneficiaries of this Agreement.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue to remain in full force and effect.
As used herein “including” means “including without limitation” and examples are provided for clarification only and are not intended to be restrictive. Except where this Agreement expressly states that a remedy is exclusive, all remedies under this Agreement, including termination or suspension, are cumulative and not exclusive of any other rights or remedies that may be available to a party. Acceptable Use Policy Last Update:1 February 2020 This document is our Acceptable Use Policy. It is part of our Terms of Service and applies to all PokPong Mobile Security Services (as that term is defined in our Terms of Service). By accepting our Terms of Service or using or accessing any PokPong Mobile Security Service, you agree to comply with this policy. In connection with your use of any PokPong Mobile Security Service, you agree not to:
- Post, use or transmit abusive messages, defamatory, libelous, false or misleading statements, hate speech, or messages that incite or threaten violence;
- Post, use or transmit any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable;
- Harass, annoy, intimidate or threaten other users of the PokPong Mobile Security Services or employees, contractors or agents of PokPong Mobile Security or its service providers;
- Transmit spam, chain letters, or other unsolicited email;
- Impersonate another person, misrepresent your affiliation with another person or entity, engage in fraud, or hide or attempt to hide your identity;
- Access any part of the PokPong Mobile Security Service that you are not authorized to access;
- Access any part of the PokPong Mobile Security Service, or any content or data therein, through any technology or means other than those expressly provided to you by PokPong Mobile Security;
- Access any part of the PokPong Mobile Security Service, or any content or data therein, through technologies such as “scraping tools,” “robots,” “spiders” or “offline readers,” or through any system that sends more request to PokPong Mobile Security’s servers than a human can reasonably produce in the same period of time;
- Use a PokPong Mobile Security Service in a manner that interferes or may interfere with the normal functioning, security, integrity or operation of the PokPong Mobile Security Service;
- Upload or transmit invalid data, viruses, worms, harmful code, malware, or other software agents;
- Decipher or decrypt transmissions from any PokPong Mobile Security Service, circumvent or disable (or attempt to circumvent or disable) any access, authentication, copy restrictions or other feature of any PokPong Mobile Security Service, attempt to access or use the PokPong Mobile Security Services through means other than those we expressly provide to you, or otherwise attempt to compromise or violate the security of any PokPong Mobile Security Service or its components (including another user’s account);
- Attempt to identify, probe, scan or test any vulnerability of any part of the PokPong Mobile Security Service(s) without PokPong Mobile Security’s signed, written authorization;
- Attempt to modify, or gain unauthorized use of or access to, another user’s account(s), website(s), application(s), system(s), equipment or data;
- Collect or harvest any personally identifiable information (including account names) from any other user; Terms of Service 2021-04-20
- Use any PokPong Mobile Security Service in violation of any applicable law or regulation, including intellectual property and privacy laws in applicable jurisdictions;
- Post, use or transmit any content, data or materials that violate applicable laws or regulations or any third party rights (including any intellectual property, privacy or publicity rights); and/or
17. Attempt or facilitate violations of any of the foregoing. Without limiting any other remedies available to it, PokPong Mobile Security may in its sole discretion suspend or terminate access to the PokPong Mobile Security Service for violations of this Acceptable Use Policy (as determined by PokPong Mobile Security), to prevent harm to other parties, or to preserve our security, availability or integrity. PokPong Mobile Security respects intellectual property rights and expects its users to do the same. 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 provide PokPong Mobile Security’s Copyright Agent a notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed; (ii) specific identification of each copyrighted work or other intellectual property that you claim has been infringed; (iii) identification of where the allegedly infringement material resides on the PokPong Mobile Security Service, (please be as detailed as possible and include an URL where applicable); (iv) contact information for the complaining party, including name, address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your claims of copyright or other intellectual property infringement to PokPong Mobile Security’s Copyright Agent by mail to PokPong Mobile Security – Copyright Agent.