Your use of and access to our web site is subject to this User Agreement and any other terms set forth through the site, and all applicable laws. By accessing and browsing the site, you accept, without qualification or limitation the terms and conditions specified in this User Agreement. IF YOU DO NOT AGREE TO THIS USER AGREEMENT, YOU SHOULD NOT USE THE SITE.
We will not be responsible or liable for any damages or injuries caused by use of and access to our web site (such as data transmissions, omissions, or misstatements). We do not guarantee any information, service, or merchandise provided on or through the web site.
You are prohibited from posting or transmitting any threatening, obscene, unlawful, defamatory, libelous, scandalous, inflammatory, or pornographic material or any material that could promote conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We assume no responsibility or liability arising from the postings, transmission, content or information on the site, or from any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, or inaccuracy contained in any such postings, transmissions, information, or content on the site.
Information specified in or accessible through the web site may not be fully complete or accurate. Niantic.com does not endorse or represent the reliability or accuracy of any of the content or information distributed through or accessed from the web site. You hereby concede that any reliance upon any content or information distributed through or accessed from the web site is at your sole risk. You are responsible for obtaining, installing, maintaining, and operating all necessary hardware, software, and internet access services necessary for viewing the site. Niantic.com will not be responsible for failures from the malfunction or failure of your hardware, software, or any internet access services.
All text, graphics, video, source code, and editorial content on this web site are proprietary to Niantic.com. These materials are protected by U.S. copyright and may not be used, copied, transmitted, or reproduced in whole or in part without the express written consent of Niantic.com. Use of any of Niantic.com's text, graphics, video, source code, and editorial content (that is hyperlinked to or affiliated with the web site in any way) for any reason or purpose is strictly prohibited. Unauthorized use of the text, graphics, video, source code, and editorial content may violate trademark, copyright, civil and criminal statutes, and privacy and publicity laws. Niantic.com reserves all rights.
The "Niantic.com®" logo and name are registered servicemarks or trademarks of Niantic.com. All other servicemarks or trademarks used or referenced to on this web site are the property of their respective owners. Nothing contained on or through this web site should be construed as granting, by estoppel, implication, or otherwise, any license or right of use of any trademark or servicemark displayed on the web site without the written permission of Niantic.com or such third party owners.
Any material or communication you transmit to the web site by (Secured) Hypertext Transfer Protocol, File Transfer Protocol, or electronic mail or otherwise, including any questions, suggestions, comments, data or the like is nonproprietary and non confidential. Anything you knowingly or unknowingly transmit or post becomes our property or the property of our affiliates and may be used for any purpose, including, but not limited to, posting, disclosure, reproduction, publication, broadcast, and transmission. Additionally, we may use any concepts, ideas, or techniques contained in any data you send to the web site for any reason or purpose whatsoever including, but not limited to, developing and marketing services or products using such data.
We will be offering the ability to create your own "@Niantic.com" email address. This address will act as an email forward only, and POP/SMTP service are not available at this time. Niantic.com reserves the right to disable or delete your Niantic.com email address and any services therein at any time, with or without cause, and with or without notice to you.
We will not be responsible or liable for any incidental, consequential, direct, indirect or punitive damages or injuries, including, but not limited to, omissions, errors, mistakes, delays in transmission, typographical errors, deletion of files, and delays in operation, your reliance on or use of any service, information, or merchandise provided on or through the web site, or any failure of performance arising out of or caused by access to or use of any information or content contained in or on the web site, the content of any web site, or web sites hyperlinked to the web site, even if we are negligent and/or have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold Niantic.com, and Niantic.com's affiliate companies, employees, directors, officers, agents, material or communication providers, and Internet Service Providers harmless from any and all losses, liabilities, claims, expenses, and damage awards, including, but not limited to attorneys’ fees, that arise from any claim, action, or demand, by use of or in connection with the submission, transmission, posting, broadcast, or other communication with or to the web site.
The web site may hyperlink to sites not maintained or related to Niantic.com. Hyperlinks are provided as a convenience/service to you and are not affiliated with or sponsored by the web site or Niantic.com. We have not reviewed any or all of the sites hyperlinked to or from this web site and are not responsible for the content of any other web sites. The links are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of these links or the web sites these hyperlinks point to.
The reference materials and information contained in the web site are intended only for your personal information. By entering and interacting with the web site, you agree to hold us and our affiliates harmless and not responsible for the data/content distributed by the web site. We make no representations or warranties about the completeness or accuracy of the web site’s content or the information or other material found on or in the web site. We do not purport to review the accuracy of information and other materials available on the web site. Appropriate precautions should be taken to verify all such information. We cannot be held liable for typographical errors, layout error or misinformation, omissions, technical inaccuracies or other errors contained in the site.
OUR PRODUCTS AND SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN US AND THE PURCHASER.
EXCEPT AS WARRANTED IN SUCH WRITTEN AGREEMENTS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO PRODUCTS OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS, SERVICES, AND INFORMATION IN THE WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The User Agreement set forth in the web site are governed and interpreted under the laws of the United States of America, without giving effect to its conflicts of laws provisions. If any portion of the User Agreement is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Niantic.com can, at its sole discretion, replace or amend such provisions with another provision.
The User Agreement sets forth the entire understanding and agreement between us with respect to the site and any materials, communications, transmissions, or posting to the site. We reserve the right to revise the User Agreement at any time by updating this posting. You are bound by any such revisions, and you should periodically read and review the User Agreement.