Section 1: Use of Material
This App, including the photographs that you create with it, is for your personal and non-commercial use.
All contents of this App are a Copyright © 2013 of PocketPixels. You may not reproduce, copy or redistribute the design, content, or layout of this App; graphics; individual elements of the App design; logos or other logos appearing on this App; or photographs without the written permission of PocketPixels. “App” and the names of other PocketPixels products and/or services referenced herein are trademarks of PocketPixels. All other company, product, logo, or service names referenced in this App are used for identification purposes only and may be trademarks or service marks of their respective owners. You may download a copy of the materials on a single computer for personal, non-commercial use. This right is contingent upon your agreement not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. The use of the materials downloaded with or by this App for any purpose other than the use of this App on this device is expressly prohibited.
If you would like information about obtaining permission from PocketPixels to use any of the Material on your website or in your application, you may email your request. If you violate any of these Terms, your permission to use the Material automatically terminates, and you must immediately destroy any copies you have made of the material.
Section 2: Liability Disclaimer
Information and services provided by this App may include inaccuracies or typographical errors. Changes are periodically added to the information provided by the App. PocketPixels may make changes to this information at any time. All materials provided by this App may include inaccuracies, typographical errors, and out-of-date information; therefore, the use of this App and the materials on it is at your own risk. PocketPixels makes no representations about the suitability of this App for any purpose.
The App and all such information is provided “as is” without warranty of any kind. PocketPixels and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall PocketPixels and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this app or with the delay of or inability to use this app, or for any information, products, and services obtained through this app or otherwise arising out of the use of this app, whether based on contract, tort, strict liability or otherwise, even if PocketPixels or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Section 3: Links to Websites
This App may contain hyperlinks to websites operated by parties other than PocketPixels. Such hyperlinks are provided for your reference only. PocketPixels does not control such websites and is not responsible for their contents. The App’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access third-party websites, you do so at your own risk.
Section 4: Indemnity
PocketPixels is concerned with protecting your privacy. The App does not collect or use any of your personal information, including your name, street address, telephone number, screen name and e-mail address unless stated explicitly and by opt-in permission only. However, the App does preserve the right to collect anonymous usage statistics and search queries which may be used to help maintain and improve the quality of the App.
Section 6: Reviews, Comments and Use of Other Interactive Areas
By submitting content to this App by electronic mail or built-in forms, postings on its website or otherwise, including any opinions, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant PocketPixels a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that PocketPixels may choose to provide attribution of your comments or reviews at our discretion. You further grant PocketPixels the right to pursue at law any person or entity that violates your or PocketPixels’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Section 7: General
This agreement is governed by the laws of the United States of America (U.S.A). You hereby consent to the exclusive jurisdiction and venue of courts within the U.S.A. in all disputes arising out of or relating to the use of this App. Use of this App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You agree that no joint venture, partnership, employment or agency relationship exists between you and PocketPixels as a result of this agreement or use of this App or the Jets Data.
This agreement constitutes the entire agreement between the user and PocketPixels with respect to this App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PocketPixels with respect to this App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PocketPixels reserves the right to change the terms, conditions and notices under which this App is offered.
Any rights not expressly granted herein are reserved.20