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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at InMyPocket.com is fully controlled and operated by MEG, LLC, which does business as MEG ("MEG"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of MEG. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised
terms and conditions.

OWNERSHIP OF INTELLECTUAL PROPERTY

Puppy In My Pocket™, Kitty In My Pocket™, Monster In My Pocket™ and all character names and likenesses and all site design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of MEG and are protected, without limitation, pursuant to U.S. and foreign
copyright and trademark laws. MEG hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images
incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation,
the display and distribution of the Material via a third party website) without the express prior written consent of MEG. Use of the Material is only permitted with MEG's express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, data, questions or other information communicated to MEG through this site or through the mail (electronic or otherwise) (a "Submission") will forever be the property of MEG. MEG will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including without limitation product or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future MEG operations. Without limitation, MEG will have exclusive ownership of all present and future existing rights to the Submission in perpetuity and throughout the universe and for any and all forms of expression or media whether now existing or hereafter devised for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not MEG, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES

MEG provides Rules of Participation for certain activities on this Site including, without limitation, contests,sweepstakes and electronic postcards by MEG and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information
about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern. To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "User Messages"), please be advised that User Messages do not necessarily reflect the views of MEG. In no event shall MEG assume or have any responsibility or liability for any User Messages or for any claims, damages or losses resulting from their use, transmission, receipt, and/or appearance on this Site.

You hereby represent and warrant that you have all necessary rights in and to all User Messages you provide and all information they contain and that such User Messages shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information,

You hereby authorize MEG to use, and authorize others to use, your User Messages in whole or in part, throughout the universe and in perpetuity and in any and all forms of expression or media whether now existing or hereafter devised for any commercial or other purpose whatsoever, without compensation to you or any other person, alone, or together or as part of other material of any kind or nature. .

MEG does not allow User Messages which contain:

  • private or personal information which might identify a user
  • profanity or obscenities
  • personal attacks on other individuals
  • slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
  • other information that MEG deems in its sole discretion to be inappropriate for this Site.

The Site and its features may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although MEG periodically monitors the content of User Messages, we cannot be responsible for the views or opinions expressed by third
parties. Nonetheless, MEG will make every effort to ensure that the features of this Site best serve the interests of all users and, therefore, MEG reserves the right to edit, refuse to post, or delete User Messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MEG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEG BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF MEG OR AN MEG-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by MEG, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and MEG does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, MEG is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither MEG nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, MEG will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, MEG, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. MEG reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with MEG in asserting any available defenses.

MISCELLANEOUS

MEG operates and controls this Site from its offices at 2041 Rosecrans Ave., Ste 359, in El Segundo, CA 90245, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the County of Los Angeles.