UTStarcom SideKick 3 Reference Manual page 77

terms of use that apply to third party Web sites you visit or to third party content and services you access. 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.
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. You also hereby agree and acknowledge that
any information, content or software that you upload or download using a particular Device model may not be
available to you in the event that you switch to different Device model.
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 trans-
mitted 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 in other coun-
tries. 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.
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 or its service partners, in their sole discretion, may immediately terminate
your access to the Service (whether directly or through your wireless carrier) if they believe 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 and its service partners
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 neither Danger nor its
service partners shall be liable to you for any termination of your access to the Service hereunder.
You hereby agree and acknowledge: (a) that Software, data, and
You acknowledge that Danger does not pre-screen or monitor content
Legal Information 77