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Old 05-14-2009, 08:01 PM
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Old 05-14-2009, 08:06 PM
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puertoblack2003 puertoblack2003 is offline   Thread Starter  
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Liability - Under no circumstances will TEAM HTC Inc. be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software even if TEAM HTC Inc. has been advised of the possibility of such damages. In no event shall TEAM HTC Inc.'s liability to Licensee exceed the price paid by Licensee. These limitations apply to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
Termination - If any of the terms of this Agreement are violated, TEAM HTC Inc. reserves the right to revoke the License at any time, without notice to Licensee. The failure of TEAM HTC Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of any such right or provision.
Installation - If Licensee orders installation services with respect to the Software, TEAM HTC Inc. will use its best efforts to install the Software on Licensee's server. Due to factors outside of TEAM HTC Inc.'s control, including but not limited to server configuration and software versions, successful installation of the Software is not guaranteed. In the event that the software cannot be installed on the Licensee's server, TEAM HTC Inc. will issue a full refund for the installation fee. This does not include circumstances where a customer orders the Software and does not have The proper mobile version number, or the customer is running software on their Mobile Phones prior to the software versions listed in the "Requirements" section of the product information page. TEAM HTC Inc. will not be responsible for any losses or damages suffered by Licensee as a result of the installation or attempted installation of the Software.
Data Collected - Licensee understands and accepts that data containing the Licensee's web site URL and TEAM HTC Inc. productid shall be sent to (and stored by) TEAM HTC Inc. during the Software installation process. This data shall be used solely for the purpose of verifying that the Software being installed is not violating the terms and conditions of this License. This data shall not be shared with any third party, or used in any other manner.
Refunds - Refunds shall be given at the discretion of TEAM HTC Inc.. As a general rule, refunds shall not be granted once the Software has been downloaded. For this reason, we encourage customers to post any questions they may have in one of our Pre-Sale Questions forums before purchase. The only exception for our refund policy is if the Software cannot be installed on your web server with our assistance. This does not include circumstances where a customer orders the Mod and does not have The proper mobile version software installed on their Mobile phone, or the customer is running software on their Mobile Phone prior to the software versions listed in the "Requirements" section of the product information page. Those who order our software without having Specified Mobile Version installed will not receive a refund once they have downloaded the software.
Headings - The article, section and paragraph headings included in this Agreement have been used solely for convenience and shall not be used in the interpretation of this Agreement. References to articles, sections and paragraphs shall refer to such provisions in this Agreement unless otherwise stated.
Applicable Law - This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the use of the Software.
Terms & Conditions Modifications - TEAM HTC Inc. reserves the right, at our sole discretion, to modify the terms of this Agreement at any time. You are responsible for reviewing these terms and conditions periodically, and your continued use of the Software after any changes will indicate your acceptance of the new terms and conditions.

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Re: Privacy Statement

SmartPhoneJunkie is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the SmartPhoneJunkie Web site and governs data collection and usage. By using the SmartPhoneJunkie website, you consent to the data practices described in this statement.

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Changes to this Statement

SmartPhoneJunkie will occasionally update this Statement of Privacy to reflect company and customer feedback. SmartPhoneJunkie encourages you to periodically review this Statement to be informed of how SmartPhoneJunkie is protecting your information.

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Re: Term Of Service

Welcome!
By using our forum, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website.

The creator of this page bears no responsibility for the way you use the information provided on this site.
The content of this site is here for private purposes only and should NOT be downloaded whatsoever.
If you are affiliated with any government, or ANTI-Piracy group, or any other related group or were formally a worker of one, you can NOT enter this web site, can not access any of its files and you can not view any of the HTML files.

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Term Of Service:


The owners of htcmodz.com ("WE", "US" OR "OUR") make this website (THE "SITE" OR THE "FORUM") available to you subject to the terms and conditions set forth in this legal agreement (THE "TERMS"). By browsing, using and/or registering with the Site, you acknowledge that you have read, understood and agree to be bound by the Terms which we reserve the right to change at anytime by modifying this Notice. You are responsible for periodically visiting these Terms as your continued use of the Site indicates your acceptance of the then-current Terms. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE.


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Due to the real-time nature of the Forum, we cannot actively screen or monitor content and we are not obligated to do so, however, we reserve the right to edit or remove any content at anytime, without notice or explanation and in our sole discretion. You must also acknowledge that we cannot respond immediately to every notification of a member allegedly violating our rules and that some time may pass before and if we determine that further action is warranted at our sole discretion.

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SERVICE MODIFICATIONS


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Old 05-31-2009, 02:30 PM
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Re: DMCA Policy

www.smartphonejunkie.org is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act ("DMCA"). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.

If your copyrighted material has been posted on www.smartphonejunkie.org or if hyperlinks to your copyrighted material are returned through our forum search engine and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys' fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.

The following elements must be included in your copyright infringement claim:

* Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
* Provide sufficient contact information so that we may contact you. You must also include a valid email address.
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* Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.


Send the infringement notice via email to legal@smartphonejunkie.net

Please allow up to a week for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint not being filed properly.

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