As a condition of your use of the PocketChange ( the “Company”) website, services, mobile apps, and any other interfaces to the PocketChange services or corporate information (collectively, the “Platform”), you agree to use the Platform only according to these Terms of Service, and not in any illegal or unlawful ways.
1. General Prohibitions
You agree not to use the Platform:
1.1 In a manner that would violate federal, state, or local law of the United States
1.2 To attempt to, or to actually, take advantage of, harm, or exploit any minor by exposing them to content inappropriate for their age, requesting personally identifiable information, or engaging in any other conduct detrimental to the interests of such minor.
1.3 To author, send, request to or knowingly receive, transfer, upload, download, or use any material that does not comply with the PocketChange Community Expectations
1.4 To send, post, or distribute any spam or unwanted/unrequested promotional material
1.5 To tag or make reference to random or undesiring users in a manner that constitutes spam or harassment.
1.6 To impersonate any individual, entity, organization, company, or otherwise, including the Company or any individual associated therewith, other than after being validated to represent such individual or entity by the Company.
1.7 To post any content on, or engage in any behavior on, the Platform, that could, in the sole discretion of the Company, result in offline harm to any person or entity, through physical harm, harassment, exposure to liability, ruination of livelihood or business, or otherwise.
2. Conditions of Access
You agree to access and use the Platform solely in a fashion that will not impair its operation. You may not:
2.1 Use the Platform in any manner, or make use of any software, device, or other process, that could interfere, in the Company’s sole discretion, with any other party’s use of the Platform.
2.2 Access the Platform in any fashion other than direct human connection, including the use of bots, crawlers, or automatic tools.
2.3 Monitor or copy the functions or content of the Platform, whether by hand or by automated methods.
2.4 Purposely impair the operation of the Platform via any action, including but not limited to denial-of-service attacks, trojan horses, viruses, or other.
2.5 Attempt to hack into the Platform or any database, server, code structure, or other piece used to contain, host, or otherwise operate the Platform
2.6 Attempt to interfere with the proper function of the Platform in any other way, subject to the sole discretion of the Company.
3. Conditions of Contributing User Content
The Platform contains a number of methods by which you may post, confirm, agree with, match, comment on, or otherwise create (collectively, “Contribute”) original contributions of opinion (“User Content” or “Contributions”) into the community. In exchange for the right to do this, which may be awarded or withheld by the Company at the Company’s sole discretion, you agree to Contribute only those instances of User Content which fully comply with the PocketChange Community Expectations.
Through the act of Contributing User Content:
3.1 You agree to irrevocably assign and grant to the Company, its affiliates, licensees, successors, and assigns, a perpetual and royalty-free right to display, publish, reproduce, redistribute, package, attribute, summarize, delete, hide fully or partially from view, or otherwise use or disclose, in a manner of the Company’s choosing, such User Content to any third party.
3.2 You represent and warrant that you own or control all rights in and to such User Content, and that you have the right to grant any and all of the rights enumerated in Section 3.1
3.3 You agree that all such User Content will comply with these Terms of Service, including the PocketChange Community Expectations.
3.4 You agree to be fully responsible for any User Content you Contribute. You agree that you alone, and not the Company, are exclusively responsible for its legality, its legal ownership, its appropriateness for its audience, and its factual accuracy.
The Company disclaims all responsibility and legal liability for any User Content Contributed to the Platform by you or by any other third party.
4. Moderation and Enforcement
Notwithstanding any of the below, your ongoing use of, and privileges to Contribute to, the platform, exist at the absolute and sole discretion of the Company, which reserves the absolute right to:
4.1 Moderate, allow, rescind, or alter, at its sole discretion, any Contribution, for any reason, including pursuant to the Community Expectations as they may be updated from time to time, or for no reason at all.
4.2 Suspend or terminate your access or privileges, in whole or in part, at any time, for violation of these Terms of Service or of the Community Expectations, for any reason of its choosing, or for no reason at all. This right may be exercised with respect to any given user or group of users, with or without regard to any other user or group of users, even if the users or groups or users share attributes or appear similar or identical in one or more ways. This right may or may not be based on internal metrics, measurements, or monitoring of the company’s choosing, and may or may not be applied according to rules of escalation which exist proprietary to the company, and which may be changed by the Company at any time without notice.
4.3 Take any legal action deemed appropriate in the Company’s sole discretion, including but not limited to referral to law enforcement, with respect to the Contribution or to your account, in any case where the Company determines that any Contribution, or you use of the Platform, is illegal or creates an imminent severe danger or a life-threatening emergency.
As a condition of your ongoing access to, and privileges to contribute to, the Platform, you agree:
4.4 To assume full responsibility that all of your Contributions comply with the PocketChange Community Expectations, and with these Terms of Service.
4.5 That the Company does not represent or warrant that the Platform is 100% moderated. The Company’s act of moderating a given Contribution does not guarantee that other similar or identical Contributions will be moderated to the same conclusion, or to your satisfaction, or indeed at all.
4.6 That the Company does not represent or warrant that Contributions will be reviewed or moderated promptly or at all, or that offensive or illegal Contributions will be removed promptly. We disclaim liability for any Contribution of, or action taken by, any user or third party, such user or third party being wholly independent from the Company. We assume no liability to you or anyone that we, or any user or third party, will perform their obligations as indicated in these Terms of Service and Community Expectations, or that you or any other user will be unaffected by their failure to do so.
4.7 That the Company takes pride in its efforts to moderate the Platform with a fair and even hand, and to avoid inconsistent decisions. If you feel that a moderation action against you was taken in error, we respectfully invite you to appeal it using the process provided. This said, the Company does not represent or warrant any level of consistency or “fairness” in its moderation, across or within topics, groups of individuals, or the user base at large. Even if such moderation decisions appear, or in fact are, capricious or illogical, they shall nonetheless be the final and binding moderation decisions of the Company.
4.8 That beyond pursuing any Company-administered appeals process according to the guidelines and limits of such process as they may be updated from time to time, you agree to accept the moderation decisions of the Company as final, even if you do not agree with them.
4.10 That you will hold harmless the Company and its officers, partners, licensees, and service providers, from any claims resulting from any action taken by either such parties or by law enforcement as a result of its investigations.