The following Terms of Service agreement has been adapted from the Terms of Service found on Tumblr. The purpose of this website, www.pomme.us (the “Site”), owned and operated by Pomme.Us, Inc.(“Pomme.Us”), a New York corporation, is to provide web chat and publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:
Subject to the terms and conditions of this Agreement, Pomme.Us may offer to provide the Services, as described more fully on the Site, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or beneﬁt of any third party. Services shall include, but not be limited to, any services Pomme.Us performs for Subscriber, as well as the offering of any Content (as deﬁned below) on the Site. Pomme.Us may change, suspend or discontinue theServices at any time, including the availability of any feature, database, or Content. Pomme.Us may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. Pomme.Us reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modiﬁcation constitutes Subscriber's acceptance of the terms and conditions ofthis Agreement as modified.
Subscriber certiﬁes to Pomme.Us that if Subscriber is an individual (i.e., not a corporate entity),Subscriber is at least 13 years of age. No one under the age of 13 may provide any personalinformation to or on Pomme.Us (including, for example, a name, address, telephone number oremail address). Subscriber also certiﬁes that it is legally permitted to use the Services and accessthe Site, and takes full responsibility for the selection and use of the Services and access of theSite. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. Pomme.Us makes no claim that the Site may be lawfully viewed or thatContent may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
Pomme.Us will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Pomme.Us to minimize such disruption where it is within Pomme.Us’s reasonable control.
You agree that neither Pomme.Us nor the Site will be liable in any event to you or any other party for any suspension, modiﬁcation, discontinuance or lack of availability of the Site, the service,your Subscriber Content or other Content.
Pomme.Us retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber 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, withoutlimitation, modems, hardware, software, and long distance or local telephone service. Subscribershall be responsible for ensuring that such equipment or ancillary services are compatible withthe Services.
The Site and its contents are intended solely for the use of Pomme.Us Subscribers and may onlybe used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images,illustrations, software or source code, and animations (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Pomme.Us and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Pomme.Us and/or third parties. Subscriber shall abide by all copyright notices, information, andrestrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S.copyright laws, international conventions, and other copyright laws. Other than as expressly setforth in this Agreement, Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative worksbased on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other thanpersonal, noncommercial use is expressly prohibited without prior written permission fromPomme.Us, or from the copyright holder identiﬁed in such Content's copyright notice. In theevent You download software from the Site, the software, including any ﬁles, images incorporated in or generated by the software, and the data accompanying the software(collectively, the “Software”) is licensed to You by Pomme.Us or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the Subscriber Content on which the Software is recorded, but Pomme.Us or third partylicensors retain full and complete title to the Software and all intellectual property rights therein.
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant Pomme.Us a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify,create derivative works and store such Subscriber Content and to allow others to do so (“ContentLicense”) in order to provide the Services. Subscriber warrants, represents and agrees Subscriber has the right to grant Pomme.Us and theSite the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with anycopyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Pomme.Us reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Pomme.Us and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to suchSubscriber Content or if Pomme.Us is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber 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 Pomme.Us user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to (a) send unsolicited e-mails, bulkmail, spam or other materials to users of the Site or any other individual, (b) harass, threaten,stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or deleteor revise any material that was not posted by You.
Pomme.Us has no special relationship with or ﬁduciary duty to Subscriber. Subscriber acknowledges that Pomme.Us has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or whatactions Subscriber may take as a result of having been exposed to the Content. Much of theContent of the Site is provided by and is the responsibility of the user or subscriber who postedthe Content. Pomme.Us does not monitor the Content of the Site and takes no responsibility forsuch Content. Subscriber releases Pomme.Us from all liability for Subscriber having acquired ornot acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may ﬁnd offensive or inappropriate. Pomme.Us makes no representations concerning any content contained in or accessed through the Site, andPomme.Us will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Although Pomme.Us and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither Pomme.Us nor the Site is responsible or liable in any way for thefailure to store, preserve or access Subscriber Content or other materials you transmit or archiveon the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Subscriber Content.
The Services, Content, Site and any Software are provided on an "as is" basis, without warrantiesof any kind, either express or implied, including, without limitation, implied warranties ofmerchantability, ﬁtness for a particular purpose or non-infringement. Pomme.Us makes no representations or warranties of any kind with respect to the Site, the Services, including anyrepresentation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) befree of viruses or other harmful components.
To the fullest extent allowed by law, Pomme.Us disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that Pomme.Us is not responsible orliable for any harm resulting from (1) use of the Site; (2) downloading information contained onthe Site including but not limited to downloads of content posted by subscribers; (3)unauthorized disclosure of images, information or data that results from the upload, download orstorage of content posted by subscribers; (4) the temporary or permanent inability to access orretrieve any Subscriber Content from the Site, including, without limitation, harm caused byviruses, worms, trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the abovelimitations may not apply to Subscriber.
Users of the Site may gain access from the Site to third party sites on the Internet throughhypertext or other computer links on the Site. Third party sites are not within the supervision or control of Pomme.Us or the Site. Unless explicitly otherwise provided, neither Pomme.Us nor theSite make any representation or warranty whatsoever about any third party site that is linked tothe Site, or endorse the products or services offered on such site. Pomme.Us and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) anyrepresentations or warranties as to the security of any information (including, without limitation,credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or Pomme.Us with respect to such sites and third party content.
As a condition to using Services, Subscriber will be required to register with Pomme.Us andselect a password and Pomme.Us URL. Subscriber shall provide Pomme.Us with accurate,complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a Pomme.Us URL a name of another person with the intent to impersonate that person; or (b) use as a Pomme.Us URL a name subject to any rights of a person other than Subscriber without appropriate authorization. Pomme.Usreserves the right to refuse registration of, or cancel a Pomme.Us URL in its discretion. Subscriber shall be responsible for maintaining the conﬁdentiality of Subscriber's Pomme.Uspassword. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and Pomme.Us from any and all liability concerningsuch activity. Subscriber agrees to notify Pomme.Us immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such datacommunications by unauthorized persons or entities.
Subscriber will indemnify and hold Pomme.Us, its directors, ofﬁcers and employees, harmless,including costs and attorneys' fees, from any claim or demand made by any third party due to orarising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
9. Limitation of liability
In no event shall Pomme.Us, its directors, ofﬁcers, shareholders, employees or members be liablewith respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, proﬁts, data, images, SubscriberContent or other intangibles; (c) damages for unauthorized use, non-performance of the Site,errors or omissions; or (d) damages related to downloading or posting Content. Pomme.Us's andthe Site's collective liability under this agreement shall be limited to three hundred United StatesDollars. Some states do not allow the exclusion or limitation of incidental or consequentialdamages, so the above limitations and exclusions may not apply to Subscriber.
10. Fees and payment
Some of the Services require payment of fees. Subscriber shall pay all applicable fees, asdescribed on the Site in connection with such Services selected by Subscriber. Pomme.Us reserves the right to change its pricing and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which will be posted on the Site and e-mailed to Subscriber along with a link to the modiﬁed fee schedule so that You can review it. Use of the Services by Subscriber following such notiﬁcation constitutes Subscriber's acceptance of any new orincreased charges.
Either party may terminate the Services at any time by notifying the other party by any means. Pomme.Us may also terminate or suspend any and all Services and access to the Siteimmediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. 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. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Pomme.Us or the Site, including without limitation anyindemniﬁcation obligations contained herein.
Pomme.Us, Inc., 90-11 35th Ave Apt. 1L Jackson Hts, NY, Attn: Legal Dept.
Pomme.Us has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf . The address of Pomme.Us's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.
If You believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
6. The Notifying Party's physical or electronic signature. After the Designated Agent receives notiﬁcation of an alleged infringement that meets all of the requirements above, Pomme.Us shall:
A subscriber who believes they are the wrongful subject of a copyright takedown notice, may ﬁlea counter notiﬁcation with Pomme.Us, by providing the following items in writing to the Designated Agent at the address below:
• User’s signature.Upon receipt of a counterclaim, Pomme.Us will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has ﬁled legal action relating to the allegedly infringing material. If Pomme.Us does not receive any such notiﬁcation within 10 days, we may restore the material to the Site.