DoCoMo USA Labs: Terms and Conditions

Terms and Conditions

This Terms and Conditions of Use Agreement (hereinafter referred to as the "Terms and Conditions") is applicable to the website under [http://www.docomolabs-usa.com] (hereinafter referred to as "Site") posted by DoCoMo Communications Laboratories USA, Inc. (hereinafter referred to as "DoCoMo USA Labs"). Any persons who acceses, uses or and browses this Site (hereinafter referred to as "Users") should read these Terms and Conditions carefully. These Terms and Conditions govern the relationship between DoCoMo USA Labs and you, the Site visitor with respect to your access, use and browsing this Site. It is important that you read carefully and understand the terms and conditions set forth herein. By using this Site, you agree to be legally bound by these Terms and Conditions. DoCoMo USA Labs may, at any time and at its sole and exclusive discretion, change, alter, modify, add, and/or remove any parts or whole of this Terms and Conditions. Your continued use of the Site will be deemed acceptance of any such changes. If at any time you do not agree to these Terms and Conditions, please do not use this Site.

1. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, and links (collectively, the "Materials"), are intended to educate and inform you about DoCoMo USA Labs and the products and services we offer. The Materials are Copyright © DoCoMo USA Labs Corporation 2004. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the Materials in any form without the prior written permission of DoCoMo USA Labs is prohibited except in accordance with the following terms. DoCoMo USA Labs consents to the use, access or browsing of the Site on the User's computer or printing copies of extracts from these pages for Users personal use only and not for redistribution unless consented to in writing by DoCoMo USA Labs. Individual documents in our World Wide Web pages may be subject to additional terms indicated in those documents. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of Company or its licensors or suppliers, as applicable.

2. The use of this Site and the Materials is limited to private, non-commercial use, except that the use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.

3. This Site and the Materials are provided as a convenience to Users. The contents of the Site are provided on "as is" and "as available" basis. DoCoMo USA Labs does not warrant that access to any portions of the Site will be uninterrupted or error-free. DoCoMo USA Labs reserves the right to revise the pages on the Site or withdraw access to them at any time. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOCOMO USA LABS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

4. TO THE GREATEST EXTENT PERMITTED BY LAW, NEITHER DOCOMO USA LABS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5. For Users easy accessibility DoCoMo USA Labs may include links to sites on the Internet that are owned or operated by third parties, including affiliates of DoCoMo USA Labs. When accessing such third-party sites, Users shall review and agree to that site's rules of use before using such site. Users also agree that DoCoMo USA Labs has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-DoCoMo USA Labs site does not imply that DoCoMo USA Labs endorses the information or materials made available, or the products or services provided through such third party sites.

6. By submitting material to any of our servers, for example, by e-mail or via the DoCoMo USA Labs Web page, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) Users will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (c) Users agree not to take action against us in relation to material that Users submit and Users agree to indemnify us if any third party takes action against us in relation to the material you submit.

7. DoCoMo USA Labs does not and cannot review the content posted by Users on its site and is not responsible for such content. DoCoMo USA Labs may at any time at its discretion remove any content posted by Users.

8. DoCoMo USA Labs is a registered trademark of DoCoMo Communications Laboratories USA, Inc. Users access to this site should not be construed as granting, by implication, estoppels or otherwise, any license or right to use any marks appearing on the site without the prior written consent of DoCoMo USA Labs or the third party owner thereof.

9. These Terms and Conditions shall remain effective until terminated in accordance with its terms. DoCoMo USA Labs reserves the right to immediately terminate the Terms and Conditions, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this these Terms and Conditions or otherwise.

10. Notice for California Users: Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

11. While using the Site and/or the Materials you agree not to:

Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site or the Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
Harvest or collect information about Site visitors or members without their express consent.

12. This Terms and Conditions is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Terms and Conditions is not assignable, transferable or sublicenseable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.