TERMS OF SERVICE
By using the PockeDegree.com web site (“Service”), all services of Pocket Degree, Inc. (“Pocket Degree”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Pocket Degree reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Pocket Degree prohibits such conduct and Content on the Service, you understand and agree that Pocket Degree cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Payments and Refund Terms:
A valid credit card is required.
There are no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Pocket Degree will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
Cancellation and Termination:
You are solely responsible for properly canceling your account.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Pocket Degree, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Pocket Degree service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Pocket Degree reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices:
Pocket Degree reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Pocket Degree shall not be liable to you or to any third party for any course modification, price change, suspension or discontinuance of the Service.
From time to time, Pocket Degree may issue an update to the Pocket Degree application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Pocket Degree will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
User hereby grants Pocket Degree, LLC the right to implement Pocket Degree’s Splash screens within the user’s mobile app development.
Copyright and Content Ownership:
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Pocket Degree application to create your mobile application, you agree to allow others to view and share your Content. Pocket Degree does not pre-screen Content, but Pocket Degree and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright 2015 Pocket Degree, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Pocket Degree.
Pocket Degree may make certain courses available to you through the Service. If you download or otherwise use the courses from the Service, the courses, including all files and images contained in or generated by the courses, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Pocket Degree, for your personal and noncommercial use only. Pocket Degree does not transfer either the title or the intellectual property rights to the course, and Pocket Degree retains full and complete title to the courses as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the courses, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant Pocket Degree a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Pocket Degree, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Pocket Degree, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All Pocket Degree content included on its site, its courses, and through the Service is the property of Pocket Degree and is protected by U.S. and international intellectual property laws. All Pocket Degree content, Software, code, HTML/CSS, and visual design data is copyright 2015 Pocket Degree, Inc. All
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email. The technical support email address is firstname.lastname@example.org.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Pocket Degree does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Pocket Degree shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pocket Degree has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Pocket Degree to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Pocket Degree and govern your use of the Service, superseding any prior agreements between you and Pocket Degree (including, but not limited to, any prior versions of the Terms of Service).
In no event shall Pocket Degree liability to you exceed the amount actually paid to Pocket Degree by you during the preceding 12 months.