misrepresent, modify, copy, reproduce, republish, upload, post, transmit, distribute or otherwise utilize
such materials without the express, written permission of the copyright holder. Unauthorized copying or
distribution of copyrighted works is an infringement of the copyright holders’ rights. Pursuant to the Dig-
ital Millennium Copyright Act, Danger reserves the right to terminate the accounts of users of the Service
who are infringers of the copyrights of others.
4.2 Trademarks. Danger®, hiptop®, the Danger logo, the hiptop logo, and the powered-by-danger logo
are trademarks, service marks, and/or registered trademarks of Danger, Inc. in the United States and in
other countries. You agree not to use Danger’s trademarks (i) to identify products or services that are not
Danger’s, (ii) in any manner likely to cause confusion, (iii) in or as a part of your own trademarks, (iv) in a
manner that implies that Danger sponsors or endorses your products or services or (v) in any manner that
disparages or discredits Danger. You must have Danger’s prior written consent before you use Danger’s
trademarks in any way.
5. No Monitoring; Necessary Disclosures. You acknowledge that Danger does not pre-screen or monitor
content posted to or transmitted through the Service, but that Danger shall have the right (but not the obli-
gation) to remove any content in its sole discretion, including, without limitation, any content that violates
this Agreement. In addition, Danger reserves the right to disclose all content that you upload, post, email,
transmit or otherwise make available via the Service (whether or not directed to Danger) if required to do
so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law
or comply with legal process served on Danger or its service partners, to protect and defend the rights or
property of Danger, the Service, Danger’s service partners or end users, whether or not required to do so
by law, or to protect the personal safety of our end users or the public.
6. Termination. You agree that Danger or its service partners, in their sole discretion, may immediately
terminate your access to the Service (whether directly or through your wireless carrier) if they believe
that you have violated the terms and conditions of this Agreement and/or the Acceptable Use Policy. You
agree that any termination of your access to the Service may be effected without prior notice, and ac-
knowledge and agree that, upon termination, Danger and its service partners may immediately deactivate
or delete your account and all related information, emails, files and other data in your account and/or
bar any further access to such files or the Service. Further, you agree that neither Danger nor its service
partners shall be liable to you for any termination of your access to the Service hereunder.
7. NO WARRANTIES. THE SERVICE AND SOFTWARE ARE PROVIDED BY DANGER ON AN “AS IS” BASIS.
DANGER, ITS SUPPLIERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS
OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE
SERVICE OR THE SOFTWARE (INCLUDING ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS
THAT YOU MAY ACCESS THROUGH THE SERVICE), INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF INFORMATIONAL CONTENT, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING
THE FOREGOING, YOU ACKNOWLEDGE THAT DANGER, ITS SUPPLIERS AND SERVICE PROVIDERS DO
NOT WARRANT OR REPRESENT THAT THE SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIRE-
MENTS, THAT THE SERVICE OR THE SOFTWARE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR
ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE SOFTWARE WILL BE CORRECTED, THAT ANY
CONTENT OR INFORMATION CONTAINED IN THE SERVICE OR ACCESSED THROUGH YOUR USE OF
THE DEVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE, THAT THE SOFTWARE
OR ANY MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES
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