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responsible for the content, products, materials, or practices (including pri-
vacy practices) of any such Web sites or third-parties. You understand that by
using the Service you may be exposed to third-party Web sites or content that
you find offensive, indecent or otherwise objectionable. Danger makes no
warranty, representation, endorsement, or guarantee regarding, and accepts
no responsibility for, the quality, content, nature or reliability of third-party
Web sites (including Web sites accessible by hyperlink from the Service) or
third party products or services accessible via the Service. Danger provides
links to third-party Web sites for your convenience only and Danger does not
control such Web sites. Danger’s inclusion of links to third party Web sites or
access to third party products does not imply any endorsement of the third
parties or their products and services. It is your responsibility to review the
privacy policies and terms of use that apply to third party Web sites you visit
or to third party content and services you access. In no event will Danger be
liable to you in connection with any Web sites, content, products, services,
materials, or practices of a third party.
3.6 Uploading and Downloading of Information.
You hereby agree and
acknowledge: (a) that Software, data, and other information may be down-
loaded from Danger to your Device and requests for information may be up-
loaded from your Device to Danger on a regular basis; (b) that Danger makes
no guarantee of, and is not responsible for, the accuracy or completeness of
any downloaded information; and (c) that the Service may be inoperable from
time-to-time and Danger shall incur no liability for such inoperability. You also
hereby agree and acknowledge that any information, content or software that
you upload or download using a particular Device model may not be available
to you in the event that you switch to different Device model.
4.
Intellectual Property Rights
4.1 Copyright.
All content included on the Device, including graphics, text,
images, logos, button icons, images, audio and video clips and software,
as well as the compilation of the content, is the property of Danger and/or
its licensors (“Danger Material”) and is protected by U.S. and international
copyright laws. Any unauthorized use of Danger Material may violate
copyright, trademark or other laws. Additionally, certain other content,
including, Web sites, photographs, images, text, graphics, video clips, audio
recordings, or other content accessed or transmitted through the Service
may be copyrighted by third parties and protected by U.S. and international
copyright law. Materials that are copyrighted may be viewed as presented
and are for personal use only. Unless otherwise authorized by law, you agree
not to alter, falsify, misrepresent, modify, copy, reproduce, republish, upload,
post, transmit, distribute or otherwise utilize such materials without the
express, written permission of the copyright holder. Unauthorized copying or
distribution of copyrighted works is an infringement of the copyright holders’