TERMS AND CONDITIONS OF USE

ATTENTION: By accessing or using the POMNOTE website, the POMNOTE service, or any applications (including mobile applications) made available by POMNOTE (hereinafter referred to as the “Service”), you agree and affirm that you have read and accept these terms of use. The Service is owned or controlled by POMNOTE. By using the Service, you indicate your acceptance of these terms and conditions of use. If you do not accept these terms and conditions of use, please do not use this Service. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. Your use of the Service forms a legal agreement between you and POMNOTE and is subject to the terms of this agreement as stated in Terms and Conditions of Use. You acknowledge and agree that POMNOTE may stop (permanently or temporaliy) providing the Services to you or to users generally, at POMNOTE’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform POMNOTE when you stop using POMNOTE. In order to access certain Materials and Services, you may be required to provide information about yourself (such as identification or contact details) as part of your continued use of the Services. You agree that any registration information you give to POMNOTE will always be accurate, correct and up to date.

Basic Terms

You must be at least 13 years old to use the Service. By posting to the Service, you agree to be solely responsible for the content of all information you contribute, link to or otherwise upload. You agree that everything you post shall be truthful, accurate, not misleading and offered in good faith, and that you have the right to post such content/material. You agree not to post false, misleading or deceptive comments, materials for which POMNOTE does not own the IP rights or have the right to reproduce/upload, trademarked materials, or materials that contain confidential material or violate third party’s right of publicity, any photos or comments that depict unsafe practices, offensive behavior, profanity, personal attacks and illegal statements, content attempting to impersonate someone else including but not limited to customers, clients and employees of the Service, content that is subject to an internal investigation or that refers to, or otherwise speaks to, ongoing litigation matters or investigations. You agree to keep it appropriate and polite when disagreeing with others’ opinions. You must not create or submit unwanted email, comments, likes or other forms of commercial or harrassing communications to any POMNOTE users. You agree that your submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation and any viruses, worms, spyware, adware or other potentially damaging programs or files. You will not be compensated or granted any consideration by any third party as regards your posts. You agree that your submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), You agree that you will not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary contents. You agree that you will not download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner. You agree that you will not restrict or inhibit any other user from using and enjoying the Service. You agree that you will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service. You must not use domain names or web URLs in your username without prior consent from POMNOTE. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. POMNOTE may provide in the future API and in this case you must not access POMNOTE’s private API by means other than those permitted by POMNOTE. Use of POMNOTE’s API is subject to a separate set of terms. You agree to release and indemnify POMNOTE and sponsors of POMNOTE websites from any claims and/or liability related to your use of the Websites. By submitting any user submission, you represent and warrant that your submission will not and may not be reasonably considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy. You agree that you are responsible for all data charges you incur through use of the Service. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with POMNOTE’s express consent). Violation of these Terms of Use may, in POMNOTE’s sole discretion, result in termination of your POMNOTE account. You understand and agree that POMNOTE cannot and will not be responsible for the content posted on the Service and you use the Service at your own risk. If you violate the letter of spirit of these terms of use, or otherwise create risk or possible legal exposure for POMNOTE, we can stop providing all or part of the Service to you.

TERMINATION AND MODIFICATION OF THESE TERMS OF USE

POMNOTE reserves the right to change the terms, conditions, and notices under which the Service is offered, including but not limited to the charges associated with the use of the web site. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your POMNOTE account by logging into the Service and selecting deactivate from the account settings. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

LINKS TO THIRD PARTY SITES

POMNOTE website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of POMNOTE website. POMNOTE website is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. POMNOTE website is not responsible for webcasting or any other form of transmission received from any Linked Site. POMNOTE website is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the POMNOTE Service.

RIGHTS

POMNOTE does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to POMNOTE a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that POMNOTE may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. The Service contains content owned or licensed by POMNOTE ("POMNOTE Content"). In this scope, POMNOTE Content, especially the POMNOTE name and logo are trademarks of POMNOTE, and may not be copied, imitated or used, in whole or in part, without the prior written permission of POMNOTE, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of POMNOTE, and may not be copied, imitated or used, in whole or in part, without prior written permission from POMNOTE. POMNOTE Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and POMNOTE, POMNOTE owns and retains all rights in the POMNOTE Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the POMNOTE Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the POMNOTE Content. Although it is POMNOTE’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, POMNOTE reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by POMNOTE, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, POMNOTE encourages you to maintain your own backup of your Content. In other words, POMNOTE is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. POMNOTE will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You agree that POMNOTE is not responsible for, and does not endorse, Content posted within the Service. POMNOTE does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. Except as otherwise described in the Service's Privacy Policy, as between you and POMNOTE, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with POMNOTE is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place POMNOTE in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of POMNOTE, and POMNOTE will not be liable for any use or disclosure of any Content you provide. It is POMNOTE’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, POMNOTE does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that POMNOTE is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. You agree, confirm and undertake, by adding content, that given by you to POMNOTE, to the website, that you grant all kinds of Rights to use and benefit of content and enable to use and benefit from content with broadest scope and meanings designated by legislations for free (without demanding any fee) by adding content to the website. Unless otherwise indicated, Rights to use and benefit and enable to use and benefit include Rights to use, enable to use, benefit and enable to benefit on including Internet, but not limited to, all kinds of virtual platforms and other communication channels and other on-line and off-line platforms (television, radio, press etc.) within the scope of this article. Within the scope of this article, Rights include all kinds of Rights of processing’s, reproductions, distributions and conveying to public. You, irrevocably accept and declare that You acknowledge that POMNOTE can use Rights and benefit from the Rights by gaining commercial profit within the scope of this article. You, agree, confirm and undertake that You shall have no right to demand any cost or fee from POMNOTE under any name and in any manner for the Rights that have been granted by you to POMNOTE.

USERNAME AND PASSWORD

  You are responsible for maintaining the security of your account, passwords, and files. We will accept instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by us in our discretion, by email or by phone, or through a Third Party Service, if any, through which you access the POMNOTE website. We have no knowledge of your organizational structure, including if you are registering for the POMNOTE website as an entity, or your personal relationships, if you are a person. We shall not be responsible for the actions of any individuals who misuse or misappropriate your assets using your username and password or other appropriate account identifying information.

PROHIBITED CONTENT POMNOTE

Website prohibits the use of the Service by any person or entity that: Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons. Displays or markets material that exploits children, or otherwise exploits children under 18 years of age. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content. Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor). Sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Introduces viruses, worms, harmful code and/or Trojan horses on the Internet. Engages in any libelous, defamatory, scandalous, threatening, or harassing activity. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. Markets to third party voter registration lists. Provides content, including assets, of authors, artists, photographers or others without the express written consent of the content owner. We may, in our sole discretion, immediately disable your access to Service if we believe, in our sole discretion, that you have violated any of the policies listed above or this Agreement.

DISCLAIMERS

THE POMNOTE WEBSITE INCLUDING BUT NOT LIMITED TO MOBILE APPLICATION AND WIDGETS IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE POMNOTE WEBSITE IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT POMNOTE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. POMNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE POMNOTE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POMNOTE MAKES NO WARRANTY THAT THE POMNOTE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE POMNOTE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE POMNOTE WEBSITE WILL BE CORRECTED. POMNOTE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POMNOTE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE POMNOTE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE POMNOTE WEBSITE OR FROM POMNOTE, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE POMNOTE PARTIES”) SHALL CREATE ANY WARRANTY. POMNOTE DISCLAIMS ALL EQUITABLE INDEMNITIES. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL POMNOTE WEBSITE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTIONS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “POMNOTE WEBSITE ”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF POMNOTE WEBSITE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, POMNOTE WEBSITE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF  POMNOTE WEBSITE  TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO [  USD 100], LESS ANY DAMAGES PREVIOUSLY PAID BY POMNOTE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

TRADEMARKS

POMNOTE and any other product or service name or slogan or logo contained in the POMNOTE website including but not limited to mobile application and widgets are trademarks of POMNOTE or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of POMNOTE or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with POMNOTE or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of POMNOTE without POMNOTE’s prior written permission. In addition, the look and feel of the website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of POMNOTE and may not be copied, imitated, or used (in whole or in part) without POMNOTE’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by POMNOTE.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at POMNOTE's request), indemnify and hold the POMNOTE Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation to, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by POMNOTE in the defense of any claim. POMNOTE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of POMNOTE. ATTENTION: By accessing or using the POMNOTE website, the POMNOTE service, or any applications (including mobile applications) made available by POMNOTE (hereinafter referred to as the “Service”), you agree and affirm that you have read and accept these terms of use. The Service is owned or controlled by POMNOTE. By using the Service, you indicate your acceptance of these terms and conditions of use. If you do not accept these terms and conditions of use, please do not use this Service. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use. Your use of the Service forms a legal agreement between you and POMNOTE and is subject to the terms of this agreement as stated in Terms and Conditions of Use. You acknowledge and agree that POMNOTE may stop (permanently or temporarily) providing the Services to you or to users generally, at POMNOTE’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform POMNOTE when you stop using POMNOTE. In order to access certain Materials and Services, you may be required to provide information about yourself (such as identification or contact details) as part of your continued use of the Services. You agree that any registration information you give to POMNOTE will always be accurate, correct and up to date.

CHANGES OF THE TERMS

Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify You regarding substantial changes of these Terms on the homepage of the Site and/or we will send You an e-mail regarding such changes to the e-mail address that You provided in the registration form. Such substantial changes will take effect five (5) business days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and Your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.