does not imply any endorsement of the materials on such third party Web sites or any association with their
operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.
In no event will Danger be liable to you in connection with any Web sites, content, products, services, materials,
or practices of a third party.
3.6 Uploading and Downloading of Information. You hereby agree and acknowledge: (a) that Software, data,
and other information may be downloaded from Danger to your Device and requests for information may be
uploaded from your Device to Danger on a regular basis; (b) that Danger makes no guarantee of, and is not
responsible for, the accuracy or completeness of any downloaded information; and (c) that the Service may be
inoperable from time-to-time and Danger shall incur no liability for such inoperability.
4. Intellectual Property Rights.
4.1 Copyright. All content included on the Device, including graphics, text, images, logos, button icons,
images, audio and video clips and software, as well as the compilation of the content, is the property of
Danger and/or its licensors (“Danger Material”) and is protected by U.S. and international copyright laws. Any
unauthorized use of Danger Material may violate copyright, trademark or other laws. Additionally, certain other
content, including, websites, photographs, images, text, graphics, video clips, audio recordings, or other content
accessed or transmitted through the Service may be copyrighted by third parties and protected by U.S. and
international copyright law. Materials that are copyrighted may be viewed as presented and are for personal use
only. Unless otherwise authorized by law, you agree not to alter, falsify, misrepresent, modify, copy, reproduce,
republish, upload, post, transmit, distribute or otherwise utilize such materials without the express, written
permission of the copyright holder. Unauthorized copying or distribution of copyrighted works is an infringement
of the copyright holders’ rights. Pursuant to the Digital Millennium Copyright Act, Danger reserves the right to
terminate the accounts of users of the Service who are infringers of the copyrights of others.
4.2 Trademarks. Danger, hiptop, Get Away With It!, hiplogs, Flip for It, the Danger logo, and the hiptop logo
are trademarks, service marks, and/or registered trademarks of Danger, Inc. in the United States and other
countries. You agree not to use Danger’s trademarks (i) to identify products or services that are not Danger’s, (ii)
in any manner likely to cause confusion, (iii) in or as a part of your own trademarks, (iv) in a manner that implies
that Danger sponsors or endorses your products or services or (v) in any manner that disparages or discredits
Danger. You must have Danger’s prior written consent before you use Danger’s trademarks in any way.
5. No Monitoring; Necessary Disclosures. You acknowledge that Danger does not pre-screen or monitor
content posted to or transmitted through the Service, but that Danger shall have the right (but not the obligation)
to remove any content in its sole discretion, including, without limitation, any content that violates this
Agreement. In addition, Danger reserves the right to disclose all content that you upload, post, email, transmit
or otherwise make available via the Service (whether or not directed to Danger) if required to do so by law or in
the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal
process served on Danger, to protect and defend the rights or property of Danger, the Service or our customers,
whether or not required to do so by law, or to protect the personal safety of our customers or the public.
6. Termination. You agree that Danger, in its sole discretion, may immediately terminate your access to the
Service (whether directly or through your wireless carrier) if Danger believes that you have violated the terms
and conditions of this Agreement. You agree that any termination of your access to the Service may be effected
without prior notice, and acknowledge and agree that, upon termination, Danger may immediately deactivate
or delete your account and all related information, emails, files and other data in your account and/or bar any
further access to such files or the Service. Further, you agree that Danger shall not be liable to you for any
termination of your access to the Service hereunder.
62 Legal Information
