PoMoFo.com's Terms & Conditions
Last Updated June, 2017
A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we” and “us” and "PoMoFo" refer to PoMoFo Entertainment Inc. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit, post, or transmit to, or using, the Site, such as photos, comments, information that you display as part of your account profile, or other commentary that you may submit, post, or transmit to the Site, including by utilizing the tags “#PoMoFo” and “@PoMoFo”. “User Content” means Content that users submit, post, or transmit to the Site. “PoMoFo Content” means Content that is created by PoMoFo Entertainment Inc. and made available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than PoMoFo or the users, such as data providers that license data to PoMoFo for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and PoMoFo Content.
PoMoFo takes a child's privacy very seriously, and we adhere to the requirements of the Children's Online Privacy Protection Act. Accordingly, if you are under 13 years of age, you are not authorized to use the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms (which authority you hereby exercise). Otherwise, you may not use the Site.
The Terms may be modified by PoMoFo at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon PoMoFo’s posting of new Terms. Your continued use of the Site after any posted modification to the Terms indicates your acceptance of the modification.
Use of Site
Subject to the restrictions in these Terms, PoMoFo grants you permission to use the Site. You will be exposed to User Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. PoMoFo does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
Restrictions on Use
You agree that you will not: use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
Use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
Use the Site for promotional or commercial purposes, except as expressly permitted by PoMoFo;
Use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
Use the Site for keyword spamming or to otherwise attempt to manipulate search results;
Use the Site to promote bigotry or discrimination against protected classes;
Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Use the Site to transmit or post pornography, counterfeit or illegal content;
Use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
Use the Site in violation of the Terms or any applicable law;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by PoMoFo;
Reverse engineer any portion of the Site, except as may be permitted under the law;
Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
Record, process, or mine information about other users;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on PoMoFo's technology infrastructure;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes;
Disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
As a condition of your use of the Site, you warrant and covenant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You understand that using the Site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or terminate or suspend your ability to use the Site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada, or the country in which you reside. If you are providing any Content from any foreign country, you acknowledge and consent to such data and information being processed by PoMoFo and its service providers in Canada, the United States and other third countries.
Permission to Use Your Content
You grant PoMoFo the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, profit from it, and license these same rights to third parties for use in connection with other media platforms ("Other Media").
You grant the Site's users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site and any Other Media. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content
You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by PoMoFo.
Because you alone are responsible for Your Content (and not PoMoFo), you may expose yourself to liability if, for example, Your Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Use of Content
PoMoFo may or may not use User Content at its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms or content guidelines. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. PoMoFo and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements unless expressly agreed to by PoMoFo. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Copyright Dispute Policy
PoMoFo has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of PoMoFo’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is PoMoFo’s policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by PoMoFo to be "repeat infringers".
Procedure for Reporting Copyright Infringements
If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
Identification of the copyrighted work that you claim has been infringed; Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit PoMoFo to locate such Content; A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.
Procedure to Supply a Counter-Notice to the Designated Agent
If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal; A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification; A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which PoMoFo is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Address for Designated Agent
Please contact the Designated Agent at the following address: Copyright Agent, PoMoFo Entertainment Inc. 252 Dundas St, London, Ontario N6A 1H3 Canada E-mail: info@PoMoFo.com
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced below.
PoMoFo reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
PoMoFo reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms, (iii) any policy or practice of PoMoFo in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue using the Site.
Suggestions and Improvements
By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
PoMoFo may terminate or suspend your ability to use the Site, in whole or in part, at PoMoFo’s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your ability to use the Site if you breach the Terms or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing the Site, Your Content, Site Content, or any other related information. In the event of any termination, whether by you or us, the Terms will continue in full force and effect, including PoMoFo’s rights with respect to Your Content.
PoMoFo owns the PoMoFo Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site excluding User Content and Third Party Content. PoMoFo also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the PoMoFo Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the PoMoFo Content in whole or in part except as expressly authorized by PoMoFo. Except as expressly and unambiguously provided herein, PoMoFo does not grant you any express or implied rights, and all rights in and to the Site and the PoMoFo Content are retained by PoMoFo.
Material Provided to PoMoFo or Posted on the Site
PoMoFo does not control all of the content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will PoMoFo be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site. You acknowledge that PoMoFo does not pre-screen content, but that PoMoFo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Site. Without limiting the foregoing, PoMoFo and its designees shall have the right to remove any content that violates the Terms or is deemed by PoMoFo, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by PoMoFo or submitted to PoMoFo, or curated by PoMoFo in all parts of the Site.
PoMoFo does not claim ownership of the content or materials you provide to, or cause to be curated by, PoMoFo or post, upload, input or submit to the Site (collectively "Submissions"), unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your Submissions you are granting PoMoFo, its affiliated companies, and customers, necessary sublicensees and successors, and assigns a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Submissions in connection with the operation of the Site, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions. You also hereby grant PoMoFo and those acting on behalf of PoMoFo, the irrevocable unrestricted right to (i) use all content, including your postings, manners now or hereafter known, without compensation of any kind and without restriction as to changes or alterations, for advertising, promotion, exhibition, or other lawful purposes. You hereby waive any right to inspect or approve any such content or materials produced or any finished products incorporating such content or materials. You hereby release and hold harmless PoMoFo from any damages or liability relating to or arising from any use of or modification or alteration to any such content or materials, including but not limited to claims for invasion of privacy or libel. You understand that PoMoFo would not use such content or materials without you first agreeing to the Terms.
You acknowledge and agree that PoMoFo may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PoMoFo, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Limitations on Service
You acknowledge that PoMoFo may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that PoMoFo has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that PoMoFo reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that PoMoFo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Warranties, Disclaimers, and Limitations of Liability
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. POMOFO MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. POMOFO FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM POMOFO OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
POMOFO DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF POMOFO OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
POMOFO FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
POMOFO ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, HOWEVER, POMOFO RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
POMOFO’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LOCAL GUILD IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
You agree to indemnify and hold PoMoFo, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PoMoFo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PoMoFo. PoMoFo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may include links to other websites (each, a "Third Party Site"). PoMoFo does not control or endorse any Third Party Site, and you agree that PoMoFo is not responsible for the availability or contents of such Third Party Sites.
Dealings with Advertisers: Your correspondence or business dealings with advertisers or promoters found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser unless otherwise facilitated by PoMoFo. You agree that PoMoFo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Hyperlinks to Third Party Websites: The Site may provide, or third parties may provide, links to other sites and resources on the Internet. Because PoMoFo has no control over such sites and resources, you acknowledge and agree that PoMoFo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, events, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PoMoFo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, events, goods or services available on or through any such hyperlinked site or resource.
If there is any dispute about or involving the Site or PoMoFo, you agree that any such dispute will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the Ontario Superior Court of Justice, or other competent court of the Province of Ontario of general jurisdiction if monetary thresholds require.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind PoMoFo in any respect whatsoever.
PoMoFo may provide you with notices, including those regarding changes to the Terms by email, regular mail or postings on the Site.
Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and PoMoFo regarding the use of the Site, and supersede any prior agreement between you and PoMoFo on such subject matter.
The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
The failure of PoMoFo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by you except with PoMoFo’s prior written consent, but may be assigned or transferred by PoMoFo without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Contact and Violations
Please contact us with any questions regarding the Terms Please report any violations of the Terms to us.
“PoMoFo” is a proprietary service mark of PoMoFo Entertainment Inc.