1. ACCESS TO THE SERVICES. The applications, games, website and any other features, content, and other services offered by MarcoPolo (the “Services”) are owned and operated by Vocaboo. You may use the Services solely for your own use, and not for the use or benefit of any third party. Vocaboo may change, suspend or discontinue the Services at any time. Vocaboo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Vocaboo reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice through the Services. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
2. SERVICES AND CONTENT. All materials displayed or performed on the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations, (the “Content”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
3. RESTRICTIONS. You agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without MarcoPolo’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of MarcoPolo; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. MarcoPolo reserves the right to remove any Content.
Polo has no control over, and no duty to take any action regarding: which users gain access to the Services, what Content you access via the Services, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release MarcoPolo from all liability for you having acquired or not acquired Content through the Services. MarcoPolo makes no representations concerning any content contained in or accessed through the Services, and MarcoPolo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-‐INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-‐FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.