lates Danger’s then-current Acceptable Use Policy, the latest version of which is available at www.danger.
com/legal. Violations of any of the above will be investigated by Danger and, where appropriate, Danger
may either institute legal action, or cooperate with law enforcement authorities in bringing legal proceed-
ings, against users who violate this Agreement.
3.5 Third-Party Content and Services. In the course of using the Service, you may download to the Device
content that is provided by third parties and/or access services and Web sites provided by third parties,
including third-party Web sites accessible through links from the Service. Danger is not responsible for
the content, products, materials, or practices (including privacy 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 prac-
tices of a third party.
3.6 Consent for Internet Based Services. Danger provides Internet-based services with the Service. It may
change or cancel them at any time. Certain features of the Service connect to Danger or service provider
computer systems over the Internet. In some cases, you will not receive a separate notice when they
connect. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THE INFORMATION
DESCRIBED BELOW.
(a)
Computer Information.
Features that access the Internet will send to the appropriate systems
computer information, such as your Internet protocol address, each time the features access the Internet.
(b)
Automatic Update Feature.
Each time you use the Service, the Service checks with Danger
for a newer version of the Software. If found, the newer version automatically downloads and installs on
your personal Device. In certain cases, updates will be required and you will not be able to use certain
features of the Service without first installing the Software update.
3.7 Uploading and Downloading of Information. You hereby agree and acknowledge: (a) that Software,
data, and other information may be downloaded from Danger to your Device and requests for information
may be uploaded 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 down-
load using a particular Device model may not be available to you in the event that you switch to a 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, websites, photographs, images, text, graphics, video clips, audio record-
ings, 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,
96 Legal Information
