Terms and Conditions

Welcome to Pocketnow!

These terms and conditions outline the rules and regulations for the use of Pocketnow’s Website. The website is owned by KC Online Media, LLC.

These Terms of Service were last updated on 25th May 2018

These Terms of Service (“Terms of Service”, “Terms”,) are between you (the “User”, “you” or “your”) and KC Online Media, LLC (“KCOM”, “we”, “us” or “our”). This website (the “Website”) is operated and owned by KCOM.

KCOM is a legal entity registered under the law of the State of Delaware, USA with its registered address: 1400 N. Providence Rd, Suite 303, Media, Pennsylvania.

Please read these Terms of Service carefully before accessing or using this Website as they contain important information regarding your legal rights, remedies and obligations. By accessing or using any part of this Website, you agree to be bound by these Terms of Service. These Terms of Service apply to all users of this Website. If you do not agree to all the provisions of these Terms of Service you may not access or use this Website or any of the services provided by this Website (“Services”).

KCOM reserves the right to update, amend or replace any part of these Terms of Service by posting updates and/or changes to this Website. You waive any right you may have to receive specific notice of such changes or modifications. Please be informed that by continued use of this Website you will be bound by any further revision of these Terms of Service as published on this Website. You should therefore check these Terms of Service every time you access or use this Website.

ACCESSING THE WEBSITE

This Website may only be used by natural persons, companies or other legal entities who have the legal capacity to enter into legally binding contracts under the law applicable in their country of residence. By agreeing to these Terms of Service, you represent that you are of legal age in your country of residence. You may not use this Website and/or any of our products and services provided by this Website for any illegal or unauthorized purpose.

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ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION, SERVICES, PRODUCTS.

KCOM may provide information about or links to third party products or services on this Website or may run third party advertisements or promotions on this Website. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions. All the information presented on this Website or Services are provided by KCOM to you without any warranties or guarantees. Any warranties or guarantees may be implied only by law and to extend permitted by law. In particular, KCOM does not guarantee the accuracy, reliability, performance of completeness and/or suitability of any information, services and/or products provided by us to you through this Website.

We will use our best efforts to ensure you that any information placed on this Website is obtained from the resources which are likely to be reliable. KCOM has no obligation to update any information on this Website and does not guarantee either completeness or accuracy of such information. KCOM shall not be responsible for any use or interpretation of such information. None of the information constitutes legal, financial or investment advice.

All the information placed on this Website is provided exclusively for your guidance and should not be relied upon or used as the sole basis for making decisions. Your use of any information presented on this Website, or this Website or any of Services is solely at your own risk.

This Website may contain some kind of historical information. Historical information is not necessarily current or accurate and is provided for your reference only.

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MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

OPTIONAL TOOLS

We may provide you with access to optional third-party tools (“third party tools”, “optional tools”) over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such optional tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional tools. Any your use of optional tools offered through this Website is entirely at your own risk and discretion and you should ensure that you have read, understood and accepted the terms on which optional tools are provided by the relevant third-party provider(s) before using them.

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THIRD-PARTY LINKS

Certain content, products, and services available through this Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating any third party content or its accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party.

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USER COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS

Any communications or materials of any kind that you e-mail, physically mail, telephone or otherwise transmit through the Website, including your comments, feedbacks, other information, questions or suggestions (“User Communications”) will be treated as non-proprietary and non-confidential.

KCOM reserves the right and may use User Communications in any way and on its sole discretion either on the Website or elsewhere with no liability or obligation to you.

KCOM may monitor any User Communications for the security purposes. We shall not be responsible for any costs, damages, expenses or any other liabilities incurred as a result of its monitoring activities.

We may, but have no obligation to, monitor, edit or remove any User Communications that we determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or such that violates these Terms of Service or any third party rights.

You agree that your comments or any other communication shall not violate any right of any third party (including without limitation copyright, trademark, privacy, personality or other personal or proprietary rights). You also agree that your comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website or related Services. You agree that you shall not use false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third-party on this Website.

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PERSONAL DATA

KCOM processes information about you in accordance with its Privacy Policy.

You have to accept our Privacy Policy before using this Website or any related Services. To view our Privacy Policy. http://pocketnow.com/privacy-policy

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ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to any information presented on this Website (including without limitation product descriptions, pricing, promotions or offers). We reserve the right but have no obligation to correct any errors, inaccuracies or omissions, and to amend or update information if any information on this Website at any time without prior notice.

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PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of this Website or Service at any time due to your performing of any of the prohibited uses or violation of these Terms of Service.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of this Website or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of this Website or Services will be accurate or reliable.
You agree that from time to time we may remove any Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.

KCOM or its affiliated persons shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this Website or any of the Services. Where some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless KCOM and its affiliates (including without limitation parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service.

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SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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TERMINATION

These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use this Website or any of Services. You also may terminate these Terms of Services by ceasing your use of this Website.
In cases when we know you have failed or we have grounds to consider you have failed, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate your use of this Website or Services at any time without notice.

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ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver from such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us. These Terms of Service govern your use of this Website an any of Services and supersede any prior agreements, communications and proposals, whether verbal or written between you and us (including without limitation any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, USA.

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INTELLECTUAL PROPERTY

All materials published on this Website are protected by copyright laws and may not be reproduced, republished, distributed, transmitted or otherwise exploited in any manner without the express written permission of KCOM.

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CONTACT DETAILS

If you have any questions or concerns about these Terms of Service please feel free to contact us at any time via our Contact Us page.

You may also write to us at KC Online Media, LLC, 1400 N. Providence Rd, Suite 303, Media, Pennsylvania 19063.

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License

Unless otherwise stated, KCOM and/or it’s licensors own the intellectual property rights for all material on Pocketnow.com. All intellectual property rights are reserved. You may view and/or print pages from http://pocketnow.com/ for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from http://pocketnow.com/
  • Sell, rent or sub-license material from http://pocketnow.com/
  • Reproduce, duplicate or copy material from http://pocketnow.com/
  • Redistribute content from Pocketnow (unless content is specifically made for redistribution).

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User Comments

  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. KCOM does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of KCOM, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws KCOM shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. KCOM reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to KCOM a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

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Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

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Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

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Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

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Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

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Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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