Padopolis Terms of Use

Padopolis, Inc. ("Padopolis", or "we") offers services to its users through our software applications, such as an application for Apple's iPad or other mobile devices (each a "Padopolis Application"), our website located at www.padopolis.com and/or www.catalogspree.com ("Site") and any other services offered by Padopolis in connection with our Padopolis Application or the Site (any and all of the foregoing are referred to as the "Services"). The Services do not include any Social Network Services ("SNS") or other third-party service you interact with via the Services. Please read the following terms of use ("Terms of Use") carefully. These Terms of Use govern your access to and use of the Services.

Without limiting any other terms of these Terms of Use, by using an SNS via the Services you understand and agree that Padopolis, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the Padopolis Application and you give Padopolis permission to do so. You agree that any content that you submit to an SNS while using the Services may be stored by Padopolis at your direction, although Padopolis does not undertake any obligations to maintain such submissions.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES, BY DOWNLOADING THE PADOPOLIS APPLICATION OR ACCESSING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Modification

Padopolis reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the Padopolis Application or otherwise provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Eligibility and Access

The Services are intended solely for persons who are 13 or older. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 13 or older.

You agree to provide accurate, current and complete information to Padopolis in connection with your use of the Services. You will immediately notify Padopolis of any unauthorized use of your Padopolis Application. Padopolis reserves the right to suspend or terminate your access to the Services if any information provided to Padopolis in connection with your use of the Services proves to be inaccurate, not current or incomplete.

We are making the Services available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Services for any other purpose.

Third Party Materials and Agreements

You may be able to access or use third party services, products, resources, content or information, including without limitation products and services offered by our catalog partners ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Padopolis disclaims any liability that you may incur arising from your access to or use of such Third Party Materials. You acknowledge and agree that Padopolis: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services (including any SNS) does not imply any endorsement by Padopolis of Third Party Materials or any such third party services.

Proprietary Rights

Padopolis and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Services. If you give feedback on the Services, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Services without compensation to you. We reserve all rights in and to the Services unless we expressly state otherwise. The Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

You may not decompile, reverse engineer, disassemble, or otherwise reduce the Services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Services.

All brand, product and service names used in the Services which identify Padopolis or our partners and/or their proprietary products and services are the trademarks or service marks of Padopolis or our partners. Nothing in the Services shall be deemed to confer on any person any license or right on the part Padopolis or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Services related to security, or enforcing the limits on the use of the Services.

Notify Us of Infringers

If you believe that something on our Services violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

Here is the contact information for our copyright agent:

Copyright Enforcement
Padopolis, Inc.
4962 El Camino Real Suite 218
Los Altos, CA 94022
Phone: (415) 666-2481
Fax: (415) 666-2581
E-Mail: info@padopolis.com

Again, we cannot take action unless you give us all the required information.

How to Communicate with Us

Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us at support@padopolis.com.

We can also be contacted at:

Padopolis, Inc.
4962 El Camino Real Suite 218
Los Altos, CA 94022
Phone: (415) 666-2481
Fax: (415) 666-2581

Availability

You acknowledge that temporary interruptions in the availability of the Services may occur from time to time as normal events. Also, we may decide to cease making available the Services or any portion of the Services at any time and for any reason. Under no circumstances will Padopolis or its partners be held liable for any damages due to such interruptions or lack of availability.

Links to Other Sites

Our Services contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content or products. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

Warranty Disclaimer

USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PADOPOLIS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICES OR THAT PADOPOLIS WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICES OR ANY CONTENT OBTAINED FROM THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, PADOPOLIS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE OUR SERVICES; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICES; (iii) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.

Indemnity

You agree to indemnify and hold harmless Padopolis and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your use of the Services, your connection to the Services, your violation of these Terms of Use or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Services.

Termination and Suspension

We may terminate or suspend the Services or any part of the Services, terminate or suspend your use of the Services, or block any IP address at any time without cause without any liability to you.

Further, we may terminate or suspend your permission to use the Services immediately and without notice upon any violation of these Terms of use, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Services for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.

Upon any termination we may delete your account and passwords, and we may bar you from further use of the Services. You agree that we will have no liability to you or any third party for termination of your account or access to the Services.

Legal Compliance; Export Control

You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not use, export or re-export any product or service offered on the Services, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

Privacy

See Padopolis's Privacy Policy located at catalogspree.com/privacy for information and notices concerning Padopolis's collection and use of your personal information. If you have any questions about the Padopolis Privacy Policy, please contact Padopolis at info@padopolis.com.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Padopolis's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Padopolis may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Additional Terms

Portions of the Services may be accompanied by additional terms which apply to specific features or areas of the Services. Those additional terms supplement these terms with respect to your use of those features or areas.

Terms Specific to the Padopolis Application on the iPad

The following terms are specific to the Padopolis Application on the Apple iPad:
Subject to the terms of these Terms of Use, Padopolis grants to you a limited, non-transferable, non-sublicensable, non-assignable and revocable license to install and use the Padopolis Application solely for your own personal, non-commercial use on any Apple iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation to furnish any maintenance and support services with respect to the Padopolis Application. Apple and its subsidiaries are third party beneficiaries of these Terms of Use. Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.

General Terms

These Terms of Service are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Services and these Terms of Service shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts. If we waive any of our rights under these Terms of Use in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction.

YOU AGREE THAT ANY LEGAL CLAIM AGAINST US MUST BE FILED WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

Date Last Modified

This Terms of Use agreement was last modified on April 19, 2011.

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