This is a legally binding contract between you and PogoFans. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback if you have suggestions or questions.
Definitions
When we say “site”, we mean pogofans.com and the services offered through that site. When we say “we”, “us”, “our”, we mean PogoFans. When we say “your content”, we mean any text, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say “PogoFans content”, we mean the copyrightable text, graphics, and other material owned by PogoFans. And when we say “terms”, we mean these terms of service.
Accepting these terms
Please read these terms before using the site. If you do not agree to these terms, you may not access the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel any account you may have using this contact form.
Disclaimer of warranties
We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
Limitations of liability
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Right to terminate
We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.
Changes to this statement
PogoFans reserves the right to change this Privacy Policy and Terms of Service from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a notice on our site, and/or by updating any information on this page. Your continued use of the site and services available through this site after such modifications will constitute your a) acknowledgement of the modified Privacy Policy and Terms of Service and b) agreement to abide and be bound by that Privacy Policy and Terms of Service.