Developer Site Terms of Use

Welcome to the Danger, Inc. Developer Web site (the "Site"). The following terms and conditions ("Terms of Use") govern your use of the Site and the materials accessible on or from the Site. PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

Copyright

The content of the Site, including the text, images, software, audio and video, as well as the compilation of the content (collectively referred to herein as "Materials"), is the property of Danger, Inc. ("Danger") its partners and customers and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Danger, except that you may download Materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

Copyright Complaints

Danger respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our Notice and Procedure for Making Claims of Copyright Infringement.

Trademark

Danger, hiptop, Get Away With It!, Flip For It, the Danger logo and the hiptop logo are trademarks, service marks, and/or registered trademarks of Danger in the United States and in other countries. Danger's trademarks may be used only with Danger's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.

Links

The Site contains links to other Web sites operated by third parties. Danger is not responsible for the content or the privacy practices of those third party Web sites. Danger makes no warranty or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from the Site. Danger provides these links for your convenience only and Danger does not control such Web sites. Danger's inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site you visit.

On Line Discussion Forums

You agree to the User Conduct Rules, which prohibit your use of the Site for unlawful or objectionable purposes. Please review the User Conduct Rules.

You acknowledge that Danger does not pre-screen content posted to or transmitted through the discussion forums on the Site, but that Danger shall have the right (but not the obligation) to remove any content that Danger believes, in its sole discretion, (i) violates these Terms of Use, (ii) violates the User Conduct Rules, or (iii) is irrelevant to the topics of discussions hosted on the Site or otherwise inconsistent with the Site's purpose. In addition, Danger reserves the right to disclose all content that you upload, post, email, transmit or otherwise make available via discussion forums on the Site 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, to protect and defend the rights or property of Danger, our partners or our customers, whether or not required to do so by law, or to protect the personal safety of our customers or the public. Danger assumes no responsibility or liability arising from any such content nor for any error, libel, slander, omission, falsehood, obscenity or infringement resulting from such content. The display of content that you post on or transmit through discussion forums on the Site does not constitute Danger's endorsement or approval of such content.

You also agree that any materials submitted by you through the discussion forums are non-confidential and you grant to Danger a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Danger's sole discretion and without compensation to you. You also grant to Danger the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.

Site Resources

You agree that Danger may regulate and set limits on your use of the Site's resources and services, including limiting the amount of time your discussion forum submissions remain posted on the Site or the number of postings you may be permitted. You also agree that Danger reserves the right to change these limits or policies regarding Site resources at any time, with or without notice. You agree that Danger has no liability or responsibility for the deletion or failure to store any content you maintain, access or transmit through the Site.

Disclaimer of Warranties

THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY DANGER ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANGER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DANGER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL DANGER OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DANGER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DANGER'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $50.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Changes to Site

Danger reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Danger will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Changes to Terms of Use

Danger reserves the right to change or modify any of the Terms of Use at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site. Any changes or modifications will be effective upon posting of the new Terms of Use on the Site as revised. Your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Terms of Use as revised.

Applicable Law and Jurisdiction

This agreement shall be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all claims arising out of or relating to this agreement.

General Provisions

You shall comply with all applicable laws and regulations, including U.S. export laws. The terms and conditions set forth herein constitute the entire agreement between you and Danger. Any modifications of this agreement must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.

Termination

Danger may terminate your use of the Site for any reason, with or without notice, including if you violate any of the User Conduct Rules.

Last modified: 03/28/05