Terms of Use

Acceptance Of Terms

PLEASE READ ALL AGREEMENTS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS THEN YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE CONTENT OR SERVICES.

The poq.me, PocketQue.com and associated web sites and services (The Services) are owned by Crack Creative, a D.B.A. for a California company "Kold'n Hostile, Inc." (hereafter referred to as PocketQue). By accessing this site, using the services or using any part of the content provided on the site you agree to become bound by these terms and conditions, as well as the Privacy Policy and Beta Testers Agreement (The Agreements).

PocketQue reserves the right, at its sole discretion, to modify or replace the The Agreements at any time. A notice may be posted on the site if there are significant changes, as determined by PocketQue, to the Terms of Use or any other agreements. However, you are responsible for reviewing the agreement from time to time. Continuing to access The Services constitutes your agreement with any modifications to the The Agreements.

Account

Some of The Services require you to create an account. You may create an account on the Registration page. You agree to provide accurate, current, and complete information as required in the account creation forms and user profile pages. You are responsible for maintaining the password to your account. You may not create a username with the intent to impersonate another person or entity, create a username that is subject to copyright, trademark or any type of ownership for which you do not have explicit written consent to use, or create a username that is, in the opinion of PocketQue, offensive, vulgar or obscene. PocketQue reserves the right to refuse registration or to cancel an account at its discretion. You agree to take sole responsibility for any activities in your account whether or not you have authorized such activities.

User Conduct

You agree not to use The Services for any purpose that is unlawful or prohibited by The Agreements. These include but are not limited to the following:

  1. Harass, threaten, or intimidate other users.
  2. Transmit or make publicly accessible any content that is infringing, libelous, defamatory, obscene, abusive or otherwise violates any applicable laws or right of any third party.
  3. Use The Services for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
  4. Engage in communication or solicitation intended to obtain the password, account or private information of any PocketQue user.
  5. CREATE UNWANTED TRANSMISSION OF DATA OR EMAIL ("SPAM") TO ANYONE, OR ANY WEBSITE.
  6. Use or receive the benefit of any automated means of accessing the site other then standard web search engines, and PocketQue published interfaces.
  7. Do anything that causes or may cause, at PocketQue's sole discretion, an unreasonable or disproportionately large load on The Services.
  8. Interfere or attempt to interfere with the proper working of The Services.
  9. Bypass or attempt to bypass any security measures employed by the site.
  10. Attempt to probe, scan, or test the vulnerabilities of The Services
  11. Access, tamper with, or use any non-public areas of The Services, including PocketQue's computers, network or infrastructure.
  12. Attempt to scan, crawl, or employ any means to uncover or index transmission 'Q' numbers.
  13. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide The Services.
  14. Advertise or solicit any user to buy or sell any products or services.
  15. Sell or otherwise transfer your account.
  16. Attempt to attack The Services by any cryptanalyses attack including by not limited to the following attacks:
    "birthday", "brute force", "chosen ciphertext", "chosen plaintext", "collision", "correlation", "cube", "denial of service", "dictionary", "frequency analyses", "interpolation", "keystroke logging", "man-in-the-middle", "mod n", "passive", "related-key", "replay", "rubber hose", "side-channel", "slide", "stream cipher", "TEMPEST", "traffic analysis", or "watermark"

PocketQue will investigate and may, at it's discretion, prosecute security violations the the fullest extent of the law.

Content Ownership

Files that you upload, crossload, or receive from other users (Your Files) are your property and responsibility. You take responsibility for your conduct and the content of Your Files. PocketQue does not claim any ownership of Your Files. Except as outlined by other agreements such as the Beta Testers Agreement, PocketQue does not monitor Your Files for any purpose other then statistical and aggregate measurements, and is therefore not responsible for the accuracy, completeness, appropriateness, legality or applicability of Your Files. PocketQue does not endorse the contents of Your Files or any opinion, recommendation or advice expressed therein, you waive any rights or remedies you have or may have against PocketQue with respect thereto.

You represent and warrant that you have all necessary rights to duplicate and transmit any of Your Files that you send using The Services.

Copyright Complaints

PocketQue respects the intellectual property rights of everyone. PocketQue will respond expeditiously to claims of copyright or other intellectual property infringement. PocketQue will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, PocketQue may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. PocketQue will terminate access for subscribers and account holders who are repeat infringers.

Notifying PocketQue of Copyright Infringement:

To provide PocketQue with DMCA notice of an infringement, send a written communication to the attention of "DMCA Infringement Notification Dept." to abuse@PocketQue.com that sets forth the information specified by the DMCA. Please note that we may post your notification, with personally identifiable information redacted when appropriate, to clearinghouses such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

To provide PocketQue with Counter-Notification:

If PocketQue removes or disables access to Your Files in response to an infringement notice, we will make reasonable attempts to contact you. If you feel that Your Files do not constitute infringement, you may provide PocketQue with a counter-notification by written communication to the attention of "DMCA Counter Notification Dept." at abuse@PocketQue.com that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.

Trademarks

PocketQue, poq.me, PocketQue logos and symbols, as well as all PocketQue trademarks, service marks, product names, and trade names are owned by PocketQue. All other trademarks, and such markings and symbols appearing on or within The Services are property of their respective owners. You many not use or display such markings without the prior written consent of the owner.

Social media icons provided by komodomedia.com, and are licensed under a Creative Commons Attribution-Share Alike 3.0 Unported License (http://creativecommons.org/licenses/by-nc-sa/3.0/)

Maintenance

PocketQue may from time to time perform scheduled or unscheduled maintenance on The Services to improve reliability and performance as well as feature upgrades. Maintenance of any type may cause all or portions of The Services to become inaccessible for periods of time (Downtime). Efforts will be taken to schedule maintenance to off-peek hours, however downtime due to maintenance may occur at any time. You acknowledge and agree to Downtime regardless of prior notification or the length of the Downtime.

Disclaimer of Warranties

The Services are provided "AS-IS," without warranty of any kind, either expressed or implied. Without limiting the foregoing, PocketQue explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

PocketQue makes no warranty that The Services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of The Services are at your own risk. You acknowledge and agree that PocketQue will not be responsible for any damages to your computer system, the computer systems of third parties, or to Your Files as a result of your use of The Services.

Indemnity

You will defend, indemnify and hold harmless PocketQue, it's officers, directors, affiliates, employees and agents from and against claims, liabilities, damages, losses and expenses including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of The Services or your violation of this Agreement including, without limitation, third party claims that Your Files infringe or misappropriate the intellectual property rights, privacy rights, publicity rights and/or moral rights of a third party.

Limitation of Liability

In no event will PocketQue be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use The Services or any of Your Files, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not PocketQue has been informed of the possibility of such damage.

Controlling Law and Jurisdiction

This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Los Angeles County, California, and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

The Agreements represent the entire and exclusive agreement between PocketQue and you regarding The Services, and The Agreements supersedes and replaces any prior agreements between PocketQue and you regarding The Services.