Effective Date: 05/01/2019
This Terms Of Use is an agreement entered into by and between you and Poniie Corporation ("Poniie", "we", "us" or "our"), when you visit, register, log in, use services, use our website features, products, applications for mobile, or use software provided in connection with any of the foregoing (collectively, "Services").
Please read this Terms carefully and fully understand before using our Services, and choose to accept or not to accept this Terms. By using our services, you acknowledge that you have read and understood, and you signify your agreement to be bound by these terms.
By accepting this Terms of Use, you agree to accept all constraints, including accepting Poniie to reserve the right to modify the Terms at any time. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT USE OR ACCESS THE SERVICES IN ANY MANNER, and we may suspend or stop providing our Services to you.
INTELLECTUAL PROPERTY
All content displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services, text, graphics, articles, photos, images, illustrations, User Submissions, and so forth is the property of Poniie and protected by U.S. and international copyright laws, and other intellectual property laws. You understand that Poniie owns the Services.
LIMITED LICENSES
Subject to your compliance with these Terms, Poniie grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written approval of Poniie.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.
The licenses granted by Poniie terminate if you do not comply with these Terms.
SERVICE DESCRIPTIONS AND UPDATES
Poniie provides services as featured. We attempt to be as accurate as possible. However we do not warrant that descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered by Poniie itself is not as described, your sole remedy is to return it in unused condition.
Service may change over time, as we improve them. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice. You understand that Poniie owns the Services. You will not attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
YOUR ACCOUNT
You may visit our websites without registration. However, you need an account and provide relevant personal information on the registration webpage in order to access more Services. You can delete or suspend your account by contact us, and we will keep or delete your account based on this Agreement.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
FEES
We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new changes upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Use of the Services by you following such notification constitutes your acceptance of any or new changed charges.
RESTRICTIONS
During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in any manners that could be dangerous to any person(s), or which could cause damage to or loss of any property.
You may not use the Services or interact with the Services in a manner that:
1. Infringes or violates the intellectual property rights or any other rights of anyone else;
2. Violates any law or regulation;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your account or anyone else’s;
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
7. Runs any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
8. “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
9. Copies or stores any significant portion of the Content (as defined below);
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.
THIRD-PARTY SERVICES
You accept that Poniie is not responsible for the risks you take associated with links or connections to third-party applications or services. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. In addition, a link to third-party Website does not imply that Poniie endorses the site or the products or services referenced therein.
CHANGES TO TERMS
These Terms may change at any time during our Services. In the event that we need to change it, we may place a notice on the Site and may also send you an email. If you do not agree with any new Terms, you may reject them. However, you can not use the Services thereafter. Your continued use of the Service after a change of Terms means you agree to all of the changes.
Changes, amendments, or modifications made to the Terms are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.
TERMINATION
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your Content in the event that you stop using the Services. Account termination may result in destruction of any Personal Submissions and/or Device Submissions associated with your account; however, you understand and agree that we may retain copies of such Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Poniie.
If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY PONIIE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PONIIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, PONIIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PONIIE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM PONIIE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PONIIE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
ADDITIONAL 1-YEAR WARRANTY
You can extend your included warranty by an additional year. Complete the warranty registration to create an account and enter your order number to register your new product for the extended warranty. If you are unable to provide the order number for your product, or if your product has been gifted to you, contact our Customer Support.
ELECTRONIC COMMUNICATIONS
When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ASSIGNMENT
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Poniie’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
DISPUTES AND APPLICABLE LAW
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute or claim relating in any way to your use of any Services, or to any products or services sold or distributed by Poniie will be resolved by binding arbitration, rather than in court. Any dispute or claim shall be finally settled in Anaheim, California, in English, in accordance with the Streamlined Arbitration rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect, by one commercial arbitrator, who shall be selected from the appropriate list of arbitrators in accordance with those procedures.
Judgment upon the award rendered by such an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction and venue in the state or federal courts located in, respectively, Orange County, California, or the Central District of California.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
PLEASE REVIEW OUR OTHER POLICIES, POSTED ON THIS SITE. THESE POLICIES ALSO GOVERN YOUR USE OF PONIIE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, SERVICE TERMS, AND THESE TERMS OF USE AT ANY TIME. IF ANY OF THESE TERMS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.
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