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PokeTab Terms & Conditions

Important Information

You should carefully read the following Terms and Conditions. Your use of our products, including the PokeTab website and Chrome extension, implies that you have read and accepted these Terms and Conditions.

Introduction

The following terms and conditions govern all use of the PokeTab website and Chrome extension and all content, services, and products available at or through the website and extension. The Website and extension are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PokeTab’s privacy policy).

Please read this Agreement carefully before accessing or using the Website or Chrome extension. By accessing or using any part of the website or extension, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PokeTab, acceptance is expressly limited to these terms. The Website and extension are available only to individuals who are at least 13 years old.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of PokeTab. Our products are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

Use of APIs

PokeTab utilizes various third-party APIs to enhance user experience and functionality:

  • PokeAPI: For fetching Pokémon data including names, types, and descriptions.
  • IP API: For determining the user’s location based on their IP address.
  • OpenWeather API: For retrieving current weather data for the user’s location.

Data retrieved from these APIs is stored locally on your device and is updated periodically to ensure accuracy and relevancy.

Responsibility of Contributors

If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
  • Your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PokeTab or otherwise.

By submitting Content to PokeTab for inclusion on your Website, you grant PokeTab a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, PokeTab will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, PokeTab has the right (though not the obligation) to, in PokeTab’s sole discretion (i) refuse or remove any content that, in PokeTab’s reasonable opinion, violates any PokeTab policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website and Chrome extension to any individual or entity for any reason, in PokeTab’s sole discretion. PokeTab will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

PokeTab has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or Chrome extension, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website and extension, PokeTab does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and extension may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and extension may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PokeTab disclaims any responsibility for any harm resulting from the use by visitors of the Website and Chrome extension, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PokeTab links, and that link to PokeTab. PokeTab does not have any control over those non-PokeTab websites and webpages, and is not responsible for their contents or their use. By linking to a non-PokeTab website or webpage, PokeTab does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PokeTab disclaims any responsibility for any harm resulting from your use of non-PokeTab websites and webpages.

Copyright Infringement and DMCA Policy

As PokeTab asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PokeTab violates your copyright, you are encouraged to notify PokeTab. PokeTab will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of PokeTab or others, PokeTab may, in its discretion, terminate or deny access to and use of the Website and Chrome extension. In the case of such termination, PokeTab will have no obligation to provide a refund of any amounts previously paid to PokeTab.

Intellectual Property

This Agreement does not transfer from PokeTab to you any PokeTab or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with PokeTab. PokeTab, www.PokeTab.com, the PokeTab logo, and all other trademarks, service marks, graphics, and logos used in connection with PokeTab, or the Website and Chrome extension are trademarks or registered trademarks of PokeTab or PokeTab’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and extension may be the trademarks of other third parties. Your use of the Website and extension grants you no right or license to reproduce or otherwise use any PokeTab or third-party trademarks.

Changes

PokeTab reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and Chrome extension following the posting of any changes to this Agreement constitutes acceptance of those changes. PokeTab may also, in the future, offer new services and/or features through the Website and extension (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

PokeTab may terminate your access to all or any part of the Website and Chrome extension at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PokeTab account (if you have one), you may simply discontinue using the Website and extension. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by PokeTab if you materially breach this Agreement and fail to cure such breach within thirty (30) days from PokeTab’s notice to you thereof; provided that, PokeTab can terminate the Website and extension immediately as part of a general shutdown of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

The materials on PokeTab’s website and Chrome extension are provided “as is”. PokeTab makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PokeTab does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website and Chrome extension or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability

In no event will PokeTab, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PokeTab under this agreement during the twelve (12) month period prior to the cause of action. PokeTab shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website and Chrome extension will be in strict accordance with the PokeTab Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website and Chrome extension will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless PokeTab, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and Chrome extension, including but not limited to your violation of this Agreement.

Site Terms of Use Modifications

PokeTab may revise these terms of use for its website and Chrome extension at any time without notice. By using this website and Chrome extension you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

Acknowledgment of Pokémon Brand

PokeTab is an independent project and is not affiliated with, endorsed, sponsored, or specifically approved by The Pokémon Company, Nintendo, Game Freak, or Creatures. Pokémon and Pokémon character names are trademarks of Nintendo. Any references to trademarks, brand names, and images are used for reference purposes only and are property of their respective owners.