Last Updated: April 17, 2007
Your use of the Official Palm Blog website and web blog (together, the “Blog”) is subject to these Terms of Use (these “Terms of Use”). By using the Blog, you agree to be bound by, and use the Blog in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE BLOG.
The terms "you," "your," and "yours" refer to you, the visitor to the Blog. The terms "Palm," "we," "us," and "our" refer to Palm, Inc. We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Blog after such changes have been published to the Blog shall constitute your acceptance of such revised Terms of Use.
License to Use the Blog
Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Blog for your personal use and not for resale or further distribution. Your right to use the Blog is limited by the terms set forth in these Terms of Use.
Except for your pre-existing rights and this license granted to you, we retain all right, title, and interest in and to the Blog, including all related intellectual property rights. The Blog is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Blog; (b) rent, lease, or sublicense access to the Blog; nor (c) circumvent or disable any security or technological features or measures of the Blog.
Access to the Blog; Modifications to the Blog
We do not provide you with the equipment to access the Blog. You are responsible for all fees charged by third parties to access the Blog (e.g., charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Blog without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Blog.
The Blog is not intended for or directed to persons under the age of 13.
Restrictions
You must comply with all applicable laws when using the Blog. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Blog (“Blog Content”) or compile or collect any Blog Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Blog or store, copy, modify, distribute, or resell any Blog Content; (c) rent, lease, or sublicense your access to the Blog to another person; (d) use the Blog or Blog Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Blog; (f) use the Blog in a manner that threatens the integrity, performance, or availability of the Blog; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Blog or Blog Content.
Privacy Policy
We may collect registration and other information about you through the Blog. Our collection and use of this information is governed by our Privacy Policy available at http://www.palm.com/us/company/privacy.html.
Links and Third Party Content
The Blog may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Submissions
The Blog allows you and other third parties to post comments concerning Palm and its mobile computing solutions (e.g. products, software, services and related news) (the “Subject Matter”). All reviews and comments posted to the Blog must be topical to the Subject Matter. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Blog are those of the respective authors or producers and not of Palm, or its shareholders, directors, officers, or employees. Palm may review and delete any content, in whole or in part, that in the sole judgment of Palm violate these Terms of Use or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Palm does not control the content posted by third parties via the Blog and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Blog, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Palm, its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Blog. It is your responsibility to evaluate the information, opinion, advice, or other content available.
You agree that Palm is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Blog without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Blog and our products and services. Furthermore, by posting any Submission on the Blog, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Palm will not infringe on or violate the rights of any third party.
Use Policies
Palm asks that you respect our online Blog community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Blog, you agree not to:
• Post or transmit any material that is unrelated to the Subject Matter;
• Use Palm’s facilities, services or resources (including the Blog) in a manner which violates any applicable laws or regulations;
• Post or transmit any material (i) that you don’t have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or (ii) in violation of your obligations to any third party, including nondisclosure agreements;
• Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses or other personal information for any purpose;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• Post Submissions that contain nudity, violence, or offensive subject matter;
• Post photographs of another person without such person’s consent;
• Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”;
• Sell or otherwise transfer your profile or account on the Blog; or
• Use Palm’s facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Blog, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
Palm reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or Submissions, and terminating your access to the Blog.
Feedback
Palm may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Blog (“Feedback”). You agree that Palm may, in its sole discretion, use the Feedback you provide to Palm in any way, including in future modifications to the Blog. You hereby grant Palm a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Disclaimer of Warranties
YOUR USE OF THE BLOG AND BLOG CONTENT IS AT YOUR SOLE RISK. THE BLOG AND BLOG CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PALM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE BLOG AND BLOG CONTENT, AND YOU RELY ON THE BLOG AND BLOG CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE BLOG IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE BLOG. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALM OR THROUGH OR FROM THE BLOG, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
PALM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PALM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE BLOG AND BLOG CONTENT. UNDER NO CIRCUMSTANCES WILL PALM'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE BLOG OR BLOG CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyright Infringement
Palm respects the intellectual property rights of others, and asks you to do the same. It is the policy of Palm to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Blog in a way that constitutes copyright infringement, please contact Palm at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Blog where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Palm’s designated agent for notice of copyright infringement can be reached at:
Palm, Inc.
Attention: Copyright Agent
950 West Maude Avenue
MS 14R10
Sunnyvale, CA 94085-2801
Phone: (408) 617-7000
Facsimile: (408) 617-0139
Email: copyright@palm.com
Indemnity
You will indemnify and hold Palm, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Blog or Blog Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Blog or Blog Content.
Updates to this Blog and License Agreement
We may occasionally update the Blog and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check this Blog and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.
Legal Notices
Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Blog will lie in the State and Federal courts located in the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Palm to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Palm in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
Contacting Palm
If you have any questions or concerns about the Blog or these Terms of Use, please send us a thorough description by email to legal@palm.com, or write to us at:
Palm, Inc.
Legal Department
950 West Maude Avenue
MS
14R10
Sunnyvale, CA 94085-2801
