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Gravity Mobile Terms of Use
The following terms and conditions (the "Terms of Use") govern your use of the Gravity Mobile, Inc. ("Gravity" or "we") web site (the "Site") and the materials accessible on or from the Site.
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE.
- Permitted Use. You may access the Site and its contents to view the information for your own personal and non-commercial use.
- Copyright. The content of the Site, including all text, images, software, audio and video, as well as any such combination and/or compilation of the same (collectively referred to herein as "Materials"), is the property of Gravity or its suppliers and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be copied, modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Gravity.
- Copyright Complaints. Gravity respects your intellectual property rights as well as the rights of other third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Gravity at legal@gravitymobile.com.
- Trademarks. Gravity Mobile and the Gravity Mobile logo are trademarks of Gravity within the United States as well as in other countries. Gravity's trademarks may be reproduced or used but only with Gravity'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, and usage of same shall be subject to any restrictions imposed by such owners.
- Links. For your convenience only, Gravity provides links within the Site to other web sites operated by third parties. Gravity exhibits no control over such third party websites and is not responsible for their content or the privacy practices thereof. Gravity makes no representations or warranties, and accepts no responsibility for, the quality, content, nature or reliability of any third-party web site or service accessible through links from the Site.
- Privacy. Personal information that you supply to Gravity, and any information about your use of the Site, will be subject to thePrivacy Policy contained on this Site. The Privacy Policy is an integral part of these Terms of Use.
- Indemnification. You agree to defend, indemnify, and hold harmless Gravity, our parent company and other affiliated companies (including our respective employees, contractors, officers, directors, agents, co-branders or other partners) from all liabilities, claims, and expenses, including attorney's fees, that arise from any claim or demand made by any third party due to or arising out of your use of the Site. Gravity reserves the right, at Gravity's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gravity in asserting any available defenses.
- Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRAVITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRAVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAVITY DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE, OR THAT THE SITE, ITS SERVERS, OR MATERIALS ARE FREE OF ANY 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 GRAVITY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR MATERIALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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), OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, THE MATERIALS, OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAVITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRAVITY'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT BE GREATER THAN TEN DOLLARS ($10.00). 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. Gravity reserves the right, in its sole discretion, to modify or discontinue, whether temporarily or permanently, the Site or the Materials with or without notice. You agree that Gravity 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. Gravity reserves the right, in its sole discretion, to change or modify the Terms of Use, whether in whole or in part, without notice to you. If Gravity changes the Terms of Use, Gravity will post such new terms on the Site and any such changes or modifications will become effective upon posting. Your continued access to and use of the Site, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Use as revised. Such revisions will not apply retroactively and, as it relates to Section 12 below, the revisions will not apply to causes of action arising prior to the effective date of the changes.
- Applicable Law, Jurisdiction and Claims. THESE TERMS OF USE ARE MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. You and Gravity 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 these Terms of Use or our relationship. Subject to the last sentence of this Section 12, any claim, dispute or controversy arising out of or relating to these Terms of Use shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in San Francisco, California. Notwithstanding the foregoing, you or Gravity may seek preliminary judicial relief (such as an injunction) from the state and federal courts located in San Francisco County, California if, in your or our judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.
- Termination. Gravity expressly reserves the right to terminate your use of this Site or the Materials in the event that you violate the Terms of Use, any rules or guidelines posted on this Site, any applicable federal, state or local laws, or for any other reason that Gravity shall determine in its sole discretion.
- General Provisions. You agree to comply with all applicable laws and regulations. The terms and conditions set forth herein constitute the entire agreement between you and Gravity. 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 these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
Accessibility Statement
Gravity makes every effort to create Web pages that are accessible to individuals with disabilities, as well as those using a range of computer technology and browsers.
Our Site contains the following key accessibility features:
- Compliance with accessibility standards. The Site was evaluated for accessibility compliance by the Web Accessibility Evaluation Tool and is compliant with the standards set forth by that tool.
- Descriptive alternative text for all graphics. Alternative tags, or "Alt tags", show up when images do not appear. Alt tags can also be read by "speaking browsers" for people with visual impairments. This allows those with visual impairments or slow Internet connections to understand what types of images are used on the Site even if they cannot see the images.
- Consistent and clear link names. The title of a document or article is used as the link in almost all cases. This allows users to see the most important information in the link and avoids uninformative link names, such as "Click here."
- Clear navigation and screen presentation. Gravity has used a consistent format across the entire Site. This allows users to grasp the navigation quickly and understand where they are as they move through the Site.
- Multiple navigation lists. The Site includes multiple navigation lists, including navigation near the top of the page and text-based navigation in the footer of each page. This allows users to move through the Site more quickly.
- No frames. The Site does not use frames, which can create a number of accessibility problems for users with and without disabilities. It is often difficult to "bookmark" and print the page you want when frames are in use, and users with speaking browsers cannot easily navigate through a frame-based website.
- Minimal use of image maps, automatic redirects. Image maps and auto redirects are used only where absolutely necessary. If used, there is always a text-based alternative or explanation to help those with visual impairments or non-graphic browsers understand the page more easily.
- Browser Compatibility. Gravity makes every attempt to have the Site display in as many browsers as possible. Due to inconsistencies in the way various web browsers work, users with older or non-standardized technology may encounter some difficulties. At a minimum, the Site should work correctly using:
- Google Chrome
- Mozilla Firefox
- Safari
- Internet Explorer 8 or later versions
Last updated on January 17, 2013