• Source
• Discuss
• History

TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

This is a binding agreement (“Agreement”) between Povo, Inc (“Povo”) and each person who uses this website (“You” or “Your”). This Agreement governs Your use of this website (www.povo.com and all Povo subdomains, the “Site”), including, without limitation, all content such as data, text, information, advice, opinions, reviews, news, images, photographs, video, music, sound, tags, contracts, software and other downloadable material (collectively, the “Materials”) and all services (the “Services”) made available to You through this Site by Povo and/or third parties.

BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

1.OWNERSHIP OF MATERIALS: Povo is an open, collaborative wiki built in the spirit of individuals and groups coming together to contribute local information that can be edited, copied and used by the general public. Therefore for the purpose of ownership, the Materials and the Services on Povo can be split into:

- Open Materials and Services: All Materials and/or Services on this site that are provided or editable by You, freely and/or through the use of a username and password ("Open Materials and Services") are licensed to the general public under the terms of the Creative Commons Attribution-Share Alike 3.0 license. (http://creativecommons.org/licenses/by-sa/3.0/)

- Povo Materials and Services: All Materials and Services outside the Open Materials and Services on this Site (the “Povo Materials”, the “Povo Services” and collectively, the “Povo Materials and Services”) are owned by Povo. All intellectual property rights in the Povo Materials and Services(including copyrights, trademarks, service marks, trade secrets and patents) are the property of Povo.

The Povo Materials and Services are copyrights and protected by federal and worldwide copyright laws and treaty provisions. They may not be compiled, reproduced, modified, published, uploaded, posted, transmitted, performed, or discharged in any way, without Provo’s prior written permission. The ‘Povo’ and ‘word is on the street’ terms and the Povo logo are the property of Povo. All other names and trademarks are the property of their respective holders.

2. SECURITY: Certain pages on this Site may be accessed only by use of an e-mail address, password or other code. You are solely responsible for all uses of the Site with Your e-mail address or any passwords and codes (collectively, “IDs”) assigned to or selected by You, including uses by a third person You permit or authorize to use your IDs. You agree to immediately notify Povo of any unauthorized use of Your IDs.

3.GENERAL DISCLAIMERS: THE MATERIALS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL POVO, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, (4) THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTING; OR (5) INFORMATION COMMUNICATED THROUGH WIKI PAGES, CHAT ROOMS, MESSAGE BOARDS OR THE LIKE; OR (6) ANY OTHER FAILURE TO PERFORM BY POVO OR POVO’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER POVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POVO ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit some or all of these disclaimers and limitations, the above limitations may not apply to You. Povo may make changes to the Materials or Services, or to the products described therein, at any time without notice. Povo makes no commitment to update the Materials or Services. Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. Povo may remove any Materials or Services from this Site at any time.

4.INDEMNITY: You agree to defend, indemnify and hold Povo, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Povo’s reasonable attorneys’ fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials or the Services, or (3) the unauthorized or unlawful use of the Site by any other person using Your IDs.

5.LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, POVO SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND POVO AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND POVO AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND POVO. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, POVO WOULD NOT PROVIDE THE SITE TO YOU.

6.USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission and except as set forth in the Privacy Policy incorporated herein by reference, any Materials, information, or other communication You post, upload, link, distribute or otherwise publish to this Site (“Communications”) will be considered non-confidential and non-proprietary.

No Obligations of Povo: Povo will have no obligations with respect to the Communications. Povo cannot verify the accuracy of the Communications You transmit or post to this Site. It is impractical for Povo to review all Communications after they are transmitted or posted to this Site. Even if Communications could be reviewed, Povo is not in a position to investigate and confirm the accuracy of Your Communications. Therefore, Povo does not make any representations, nor does Povo endorse the accuracy, completeness, timeliness, or reliability of any Communication or other information available through this Site. Povo does not guarantee that such Communications have been posted with the permission of the copyright or the proprietary owner. You may rely on such Communications solely at Your own risk. Povo is not responsible for Material embodied within the Communications posted, uploaded, linked to, distributed or otherwise published to this Site. Neither is Povo responsible should someone change, edit, modify or remove any information that You may post on Povo Forums (defined below). However, Povo reserves the right to remove or modify such Communications at its sole discretion for any reason. Povo and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and Materials embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Povo shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.

Communication Etiquette: You understand and agree to abide by the following rules when posting, uploading to, linking to, distributing or otherwise publishing Communications to the Site: • You shall not post, upload to, link to, distribute or otherwise publish on any Povo wiki page, group page, any Site page, talk / discuss pages, blogs or the like (collectively, “Forums”) any libelous, defamatory, harassing, obscene, pornographic, abusive or otherwise illegal material (including but not limited to, text, content, photos, video, animation, graphics, audio, or software). • You shall not threaten or verbally abuse other users of the Site or deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam.” • You shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability and the like. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Materials and/or Services on the Site. • You shall not post, upload to, link to, distribute or otherwise publish any Materials containing any solicitation of funds, advertising or solicitation for goods or services, chain letters, charity requests, petitions for signatures or any other solicitation of other users which are inappropriate. • Povo’s Forums may contain opinions and preferences and Povo encourages active discussions, opinions, messages and information in the Povo Forums. Furthermore You understand that personal attacks are a direct violation of this Agreement and You agree that such violation is grounds for immediate and permanent suspension of access to all or part of the Materials and/or Services on the Site. • You shall not harm minors in any way. • You shall not transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature. • You shall not reformat or frame any portion of the web pages that are part of the Site. • You shall not create user accounts by automated means or under false or fraudulent pretenses.

Responsibility for Your Content: YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU POST, UPLOAD TO, LINK TO, DISTRIBUTE OR OTHERWISE PUBLISH ON ANY POVO FORUM. You understand and agree that You will not knowingly post, upload to, link to, distribute or otherwise publish on any Povo Forum content that violates the privacy, trade secret, copyright, trademark, patent or other intellectual property right of any third party and that You will remove the same should You discover that You have violated this provision. Likewise, You may not post, upload to, link to, distribute or otherwise publish on any Povo Forum content that violates any applicable local, state, national or international law, or that is otherwise inappropriate. YOU AGREE TO INDEMIFY POVO, ITS PARENTS, SUBSIDIARIES, AFFILATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) RESULTING FROM ANY CLAIM BROUGHT BY ANY THIRD PARTY RELATING TO CONTENT YOU HAVE POSTED, UPLOADED TO, LINKED TO, DISTRIBUTED OR OTHERWISE PUBLISHED ON ANY POVO FORUM.

Your Interaction With Others: You are solely responsible for Your interactions with other users of the Site. You understand that Povo does not in any way screen its users, nor does Povo inquire into the backgrounds of its users or attempt to verify the statements of its users. Povo makes no representations or warranties as to the conduct of users on the Site. IN NO EVENT SHALL POVO, ITS PARENTS, SUBSIDIARIES, AFFILATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE MATERIALS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETING WITH OTHER USERS OF THIS SITE OR PERSONS YOU MEET THROUGH THIS SITE. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if You decide to meet offline or in person.

Unauthorized Access to the Site: Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Povo hereby notifies You that any or all Communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Povo in its sole discretion and without further notice.

7.COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, Povo will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, Povo, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site.

8.LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of Povo and Povo is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Povo reserves the right to terminate any link or linking program at any time. Povo has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Povo shall not be responsible for notification of any change in name or location of any information on the Site.

9.DEALINGS WITH ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. YOU AGREE THAT POVO, ITS PARENTS, SUBSIDIARIES, AFFILATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.

10.NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT: Povo respects the intellectual property of others, and Povo asks its users to do the same. Povo may, in appropriate circumstances and at its discretion, disable and/or terminate access to users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Povo’s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• 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; • a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Povo’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:contact@povo.com

11.APPLICABLE LAWS: This Site is controlled by Povo from its offices within the Commonwealth of Massachusetts. Povo makes no representation that Materials or Services in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials or Services in violation of United States export laws or regulations. Any claim relating to the Materials or Services shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.

12.DISPUTE RESOLUTION: Any dispute between Povo and You arising out of this Agreement shall be resolved first by direct communication with one or more of Povo’s customer contact representatives. Should Povo and You be unable to resolve the dispute by communication, either Povo or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Povo’s headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

13.ENTIRE AGREEMENT: This Agreement, including the Privacy Policy, contains the entire agreement between You and Povo relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by You relating to the subject matter hereof, or (2) statements of any of Povo’s employees. Povo reserves the right to make changes to this Agreement at any time without advance notice. Povo agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that this procedure for giving notice of amendments to this Agreement is reasonable.

14.TERMINATION: Your right to access and use the Site, Materials and/or Services immediately terminates without further notice upon Your breach of this Agreement. Povo may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 17 and 19 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Povo reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.

15.ASSIGNMENT: Povo may assign this Agreement, in whole or in part, in its sole discretion.

16.WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

17.NOTICE: Povo may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.povo.com, or by written communication delivered by first class U. S. mail to Your address on record in Povo’s account information. You may give notice to Povo at any time via electronic mail to contact@povo.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address .

If You object to any material found on this Site, please bring Your concerns to the attention of Administrators.

18.HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

19.INVALIDITY: If any provision of this Agreement shall be determined to be unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.

Terms of Use Effective Date: April 2nd, 2007

Copyright © 2007 Povo, Inc. All rights reserved.