Povio Website Terms & Conditions
Date of Last Revision: September 10, 2019
These Websites Terms & Conditions (“Terms & Conditions”) apply to your access and use of www.poviolabs.com, www.povioremote.com, www.pov.io and app.poviolabs.com (the “Sites”), including all texts, images, sounds, videos, data, software and content made available through the Sites (the “Content”).
ACCEPTANCE OF TERMS AND GENERAL CONDITIONS
The terms “Povio”, “we”, “us”, and “our” refer to Povio, Inc., a Delaware corporation located at 1390 Market Street, Suite 200, San Francisco, CA 94102, United States. The term “you” refers to the person visiting the Sites and/or contributing content on the Sites. If you are accessing or using the Sites on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.
Povio permits you to access and use the Sites and Content, subject to these Terms &
Conditions. By accessing or using the Sites, you acknowledge that you have read, understood, and
agree to be bound by these Terms & Conditions.
As a condition to use the Sites, you warrant that all information supplied by you on the Sites is true, accurate, current, and complete. If you have a Povio account, you will safeguard your account information and be completely responsible for any use of your account. In order to register for an account, use and contribute to the Sites, you confirm that are 18 years of age or older.
All rights regarding the Sites belong exclusively to Povio. You will not resell, rent, lease, transfer, assign, sublicense or otherwise anyhow commercially exploit or make the Sites and any Content available to any third party, use the Sites and Content in any unlawful manner or modify and change, adapt or hack the Sites and Content in order to gain any unauthorized access to the restricted portions of the Sites and Content. You are not permitted to copy, frame, modify, repost, publicly perform, display, reproduce, distribute, sell, or create derivative works of the Sites and Content. You may only download or print one copy of the materials that are publicly available for your personal use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Sites or Content by any means other than through the interface that is official and provided by Povio. If required, Povio reserves the right to take any lawful measures to prevent any such activity.
You are solely responsible for all information, data and any other content, that you upload, post, or otherwise provide in connection with the Sites.
Povio retains its rights in and to all logos, company names, marks, trademarks, trade secrets, know-how, patents and copyrights that are used or otherwise related to the Sites and Content.
INTELLECTUAL PROPERTY USE
By posting your information and any other content on or through the Sites and Content (“User Content”), you grant Povio a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid, transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Sites and Content. Povio has the right to monitor the Sites, Content and User Content. Povio may remove or disable any User Content (at any time for any reason, or without any reason).
The operation of the Sites and Platform, including User Content, may be unencrypted and involve transmission to Povio’s partners to operate and maintain the Sites and Content. You bear sole responsibility for adequate security, protection and backup of User Content. Povio will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, destruction, deletion or loss of User Content.
You may submit ideas, comments or suggestions regarding the Sites and Content or Povio business, products or services via email or chat window on Povio’s Sites (“Feedback”). Povio may use and exploit such Feedback and you are not entitled to a compensation, consideration, or attribution with respect to your Feedback. Your Feedback is not the confidential or proprietary information of you or any third party.
TERMINATION OF ACCESS
We may, in our sole discretion and without prior notice terminate and/or block your access to the Sites: (1) if we determine that you have violated these Terms & Conditions or other guidelines associated with your use of the Sites and (2) for cause, based on requests by law enforcement or other government agencies, discontinuance or material modification of the Sites or unexpected technical issues or problems.
You agree to defend and indemnify Povio and its affiliates, licensees, officers, directors, subcontractors, employees, and agents from and against any claims, recoveries, fines, penalties, liabilities, or other costs or expenses of any kind as a result of your breach of these Terms & Conditions, your violation of any law or the rights of a third party, or your use of the Sites.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to Povio that your activity on the Sites and Povio possession and use of User Content do not and will not violate or misappropriate any third party’s copyright, trademark or other personal or proprietary right. You also represent and warrant that User Content does not contain any matter that is unlawful, threatening, abusive, tortious, offensive, defamatory, or harassing.
Povio does not charge fees for you to access and use the Sites and Content pursuant to these Terms & Conditions, so Povio will not be liable to you for any incidental, special, punitive, consequential, indirect, or exemplary damages arising out of or relating to this Terms & Conditions. This includes your use or inability to use the Sites, platform, matching services, Content, proprietary information, or any interruption or disruption of such use.
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Povio’s liability shall be limited to the greatest extent permitted by law.
NO WARRANTIES AND DISCLAIMER BY POVIO
The Sites and Content are provided on an “as is” and “as available” basis without any warranties of any kind. Povio expressly disclaims all other representations and warranties. Povio does not warrant that your access or use of the the Sites and Content will be uninterrupted, timely, secure, error-free or virus-free, and Povio does not make any warranty as to the results obtained from use of the Sites and Content. No information, advice or services obtained by you from Povio or through the Sites shall create any warranty not expressly stated in these Terms & Conditions.
Povio reserves the right to modify, suspend or terminate operation of or access to the Sites, modify or change the Sites, and to interrupt the operation of the Sites as necessary to perform maintenance, error correction, or other changes, for any reason, at any time, without prior notice.
These Terms & Conditions are made under, and will be construed and enforced in accordance with, the laws of California. By accessing or using any portion of the Sites, you irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California for any matters, disputes or other questions regarding use of the Sites and Content, and waive any and all right to trial by jury in any legal proceeding arising out of or related to use of the Sites and Content according to these Terms & Conditions.
TERMS & CONDITIONS UPDATES
Povio reserves the right to change and update these Terms & Conditions at any time at its own discretion. Povio will post the changes to these Terms & Conditions on the Sites and will indicate the date these terms were last revised at the top of this page.
Any changes shall become effective no sooner than 8 (eight) days after they are posted, except for the changes addressing new functions or features of the Sites or changes made for legal reasons, which shall be effective immediately.
These Terms & Conditions, and any additions, changes, edits and/or modifications, constitute the entire agreement between the parties with respect to the portions of the Sites available without an account ID or password. Access to certain password-restricted portions of the Sites depends on your status (a Visitor or User of Povio’s Sites, or Consultant, Contractor or Client of Povio). These Terms & Conditions cannot be amended except by as set forth above. The failure of Povio to exercise or enforce any right or provision of these Terms & Conditions will not be a waiver of that right.
In the event that any provision of these Terms & Conditions will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that other provisions of these Terms & Conditions will otherwise remain in full effect and enforceable.
Any notices to Povio in connection with access and use of Povio’s Sites and Content can be made by email to email@example.com.