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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 in 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 ser-
vices 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 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.
7.
NO WARRANTIES. THE SERVICE AND SOFTWARE ARE PROVIDED BY DANGER ON AN "AS IS"
BASIS. DANGER, ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTA-
TIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING
TO THE SERVICE OR THE SOFTWARE (INCLUDING ANY INFORMATION, CONTENT, MATERIALS OR
PRODUCTS THAT YOU MAY ACCESS THROUGH THE SERVICE), INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF INFORMATIONAL
CONTENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DANGER, ITS SUPPLIERS AND
SERVICE PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE SERVICE OR THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE OR THE SOFTWARE WILL BE TIMELY, SE-
CURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE SOFTWARE
WILL BE CORRECTED, THAT ANY CONTENT OR INFORMATION CONTAINED IN THE SERVICE OR
ACCESSED THROUGH YOUR USE OF THE DEVICE WILL BE ACCURATE, COMPLETE, RELIABLE,
OR ERROR-FREE, THAT THE SOFTWARE OR ANY MATERIALS AVAILABLE FOR DOWNLOAD FROM
THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE
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