Intellectual Property Rights
All software, object code, source code, schematics, data (including metadata), text, sound, graphic material, audio and video material, photographs, illustrations, artwork, images, documents, papers, instructions, proprietary information and all copyrightable or otherwise legally protectible elements of the Site or available on or through the Site, including, without limitation, all trademarks and trade names (individually and collectively, the "Content"), are our property or the property of our subsidiaries, affiliates, or other third parties and are legally protected under applicable local, state, national and international intellectual property and other laws, regulations and treaties.
Your use of the Site or any of the Content available through the Site constitutes your acknowledgement that the Site and the Content contain proprietary information owned by us or other third parties. You hereby agree not to alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Content or the Site or any materials thereon. You hereby agree not to reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, reproduce, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third party (including, without limitation, on or via a third party web site), attempt to discover source code, or sell in any way any Content included on the Site without the express prior written permission of us or other applicable third parties. Trademarks and trade names owned by us or other third parties may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the applicable third party. Any unauthorized or prohibited use of any Content or the Site may subject you to civil liability or criminal prosecution, or both, under applicable law.
Unlawful Or Prohibited Use
You agree to use the Site and the Content only for lawful purposes and not to allow others to use your account, the Site, or the Content for any unlawful purpose. Use of the Site or Content in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited.
Some Content, material, links and other information on the Site may not be appropriate or available for use in all jurisdictions, especially certain jurisdictions outside of the United States. Accessing any such Content, materials, links and other information from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any jurisdiction outside the United States is done at your own initiative and we are not responsible for your compliance with any laws imposed by such jurisdiction. You hereby agree that you shall not access any of the foregoing where prohibited by any applicable law.
You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or interfere with any other party's use and enjoyment of the Site or any Content. You may not attempt to gain unauthorized access to any accounts not registered to you, or computer systems or networks owned and operated by us through hacking, password mining or any other means. Violations of our system or network security may result in civil or criminal liability.
Third Party Sites
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability, negligence or any other cause of action, shall we or any of our affiliates, employees, directors, officers, agents, developers, licensors, successors or assigns be liable to you or to any other person for any losses, damages or injury, of any nature, direct or indirect, arising out of or in connection with the use of or inability to use the Site or the Content, including, without limitation, compensatory, consequential, incidental, indirect, special or punitive damages, even if we have been advised of, or should have known of, the possibility of such losses, damages or injury. In no event will we be liable for any losses or damages in excess of the fees paid by you in connection with your use of any Content or the Site.
We shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You understand and agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other users, third parties, or any infringement of another's rights, including intellectual property rights.
We are neither responsible nor liable for any viruses or other contamination of your computer, handheld device or other communications device used to access the Site. Neither we nor our developers nor licensors are responsible or liable for any delays, inaccuracies, errors, or omissions arising out of your use of the Site, or with respect to the Content or other material contained on the Site, including without limitation, any material posted by us or any third party on the Site.
Neither we nor any of our affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or to download content.
You understand and agree that your use of the Content and the Site is solely at your own risk and that you will be solely responsible for any losses, damages or injury incurred by you or any other person that may result from your use of the Content or the Site.
You agree that all information, Content, services and related materials contained within the Site are provided "as is" without warranty of any kind. We and our developers and licensors hereby disclaim all representations, warranties and conditions with regard to any information, Content, services and related materials on the Site, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
Without limiting the foregoing, we and our developers and licensors make no warranty or representation, either express or implied, that access to or operation of the Site, the functions contained in the Ste or the Content or any services will be uninterrupted or error-free or that defects will be corrected. In no event will we or our developers or licensors be liable for the truth, accuracy, or completeness of any Content or other information on the Site, or for errors or mistakes made by humans or machines. To the fullest extent permissible by law, we and our developers and licensors make no warranties and shall not be liable for the use of the Site under any circumstances. We and our developers and licensors do not warrant that the Site, Content or services will meet any particular criteria of performance or quality, or that the Site, including the Content, services or the server(s) on which the Site is operated, is free of viruses or other harmful components
Any reference to any person, entity, product, material or service on the Site does not constitute an endorsement or recommendation by us or any of our employees or agents. We are not responsible for any third party web page accessed from the Site, nor do we warrant the accuracy of any information contained in any third party site or its fitness for any particular purpose
Certain jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights additional to those contained herein. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
MOTRICITY, the Motricity logo and certain other trademarks located on the Site are our trademarks or registered trademarks. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with our or the applicable owner’s permission. Fair use of any such trademarks requires proper acknowledgment. All rights not expressly granted herein are reserved.
We may terminate your (a) access to the Site and/or the Content, and/or (b) your password and/or account or any portions thereof, at any time and for any reason, with or without cause, with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
Governing Law; Disputes
Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of any third party, we or such third party may seek injunctive or other relief against you in any court having appropriate jurisdiction and you agree and acknowledge that the courts located in King County, Washington have jurisdiction over you in any such matter and shall be a proper venue for such matter
E-mail Communications. Communications made to us by e-mail shall not constitute legal notice to us or any of our subsidiaries, affiliates, directors, officers, employees, stockholders, agents, representatives, developers, licensors or assigns with respect to any existing, future or potential claim or cause of action against us or any of our subsidiaries, affiliates, directors, officers, stockholders, employees, agents, representatives, developers, licensors, successors or assigns, where such notice is required by contract, or any local, state, national or international laws, rules or regulations.
Notices of Infringement and Intellectual Property
If you know or suspect that any Content or other materials or portions of the Site constitute copyright infringement or other violations of local, state, national or international intellectual property laws, please notify us at Motricity, Inc., Attention: General Counsel, 601 108th Ave., Suite 800, Bellevue, WA 98004.
THIS AGREEMENT IS EFFECTIVE AS OF October 20, 2010.