1. ACCEPTANCE OF TERMS
Welcome to POGL . We welcome you to use our service
subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you.
By using POGL services, whether interactively or programmatically,
you are agreeing to abide by these terms.
You can review the most current version of the TOS at any time at: graphcomp.com/tos.
2. DESCRIPTION OF SERVICE
POGL provides users with information resources,
digital media, personalized profiles, software, communication tools, e-commerce and other services,
hereafter referred to as "Service".
You are responsible for obtaining access to the Service, and that access may involve third-party fees
(such as Internet service provider or airtime charges), for which you are responsible.
In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age
to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or POGL has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, POGL has the right
to suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
Upon registration, you will be provided a password-protected account, through which you may access
member services. You agree that this account will only be used by you,
and that you will take reasonable measures to ensure that your account will not be used by others.
Registration Data and certain other information about you is subject to our
You understand that through your use of the Service you consent to the collection and use
information to the United States and/or other countries for storage, processing and use by
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur under your
password or account.
You agree to (a) immediately notify POGL of
any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
POGL cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics,
video, messages, tags, or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such Content originated.
This means that you, and not POGL, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise make available
via the Service. POGL does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances will
POGL be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that POGL may or may not
pre-screen Content, but that POGL and its
designees shall have the right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content that is available via the Service.
Without limiting the foregoing, POGL and its
designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by
POGL or submitted to
POGL, including without limitation information
in POGL Message Boards and in all other
parts of the Service.
You acknowledge, consent and agree that POGL
may access, preserve and disclose your account information and Content if required to
do so by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
e) protect the rights, property or personal safety of
POGL, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use of
these materials is subject to usage rules set by POGL
and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded into
the Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
- upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
POGL official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected to
- intentionally or unintentionally violate any applicable local, state, national or
- provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
7. INTERSTATE NATURE OF COMMUNICATIONS ON THIS SERVICE
When you register with POGL,
you acknowledge that in using POGL services to
send electronic communications (including but not limited to email, search queries,
sending messages to POGL Forums,
uploading photos and files, and other Internet activities),
you will be causing communications to be sent through
POGL's computer networks, portions of which are
located in California, and possibly other locations in the United States and abroad.
As a result, and also as a result of POGLís
network architecture and business practices and the nature of electronic communications,
even communications that seem to be intrastate in nature can result in the transmission
of interstate communications regardless of where you are physically located at the time
of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that
use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
For all Content that you submit or make available for inclusion on publicly accessible areas
of the Service, you grant POGL the following perpetual,
irrevocable, fully sublicensable, worldwide, royalty-free and non-exclusive license(s)
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
POGL network of properties that are intended
by POGL to be available to the general public.
By way of example, publicly accessible areas of the Service would include
message boards or forums.
However, publicly accessible areas of the Service
would not include services intended for private communication such as sending person-to-person
messages or areas off of the
POGL network of properties such as portions of
World Wide Web sites that are accessible via hypertext or other links but are not hosted
or served by POGL.
You agree to indemnify and hold POGL and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or otherwise make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial
purposes, any portion of the Service (including your POGL ID),
use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that POGL may establish general practices
and limits concerning use of the Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be sent from or received by an account on
the Service, the maximum size of any email message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on
POGL's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that POGL has no responsibility or liability
for the deletion or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
POGL reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
POGL reserves the right to modify these general
practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
POGL reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that POGL shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that POGL may, under certain circumstances and
without prior notice, immediately terminate your POGL
account, any associated email address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies,
c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent
or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Service.
Termination of your POGL account includes
(a) removal of access to all offerings within the Service,
(b) deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and
(c) barring of further use of the Service. Further, you agree that all terminations for
cause shall be made in POGL's sole discretion and
that POGL shall not be liable to you or any third
party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that
POGL shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because POGL has no control over
such sites and resources, you acknowledge and agree that
POGL is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that
POGL shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services available on or
through any such site or resource.
17. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by POGL
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
POGL grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify, create a
derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner or form, nor to use
modified versions of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by
POGL for use
in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
POGL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
POGL OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS, ANIMATION OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE Service.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE
NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Service. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POGL
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF POGL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE Service.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock quotes, investments or securities,
please read the above Sections 18 and 19 in detail, and they specifically apply to you.
The phrase "Let the investor beware" is most apt for this particular information.
The Service is provided for informational purposes only, and no Content included
in the Service is intended for trading or investing purposes.
POGL and its
licensors shall not be responsible or liable for the accuracy, usefulness or availability of
any information transmitted or made available via the Service, and shall not be responsible or
liable for any trading or investment decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
POGL may provide you with notices, including those
regarding changes to the TOS, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The POGL, Perl OpenGL,
POGL logos, Grafman Productions,
VR World, The Internet Spec List, gcSite
trademarks and service marks and other POGL logos and
product and service names are trademarks of POGL
(the "POGL Marks").
Without POGL's prior permission, you agree not to
display or use in any manner the POGL Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
POGL asks our users to respect the intellectual property
of others. POGL may,
in appropriate circumstances and at its discretion, disable and/or terminate the accounts of
users who may be repeat infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have been otherwise
violated, please provide POGL's Copyright Agent the
POGL's Agent for Notice of claims of copyright or
other intellectual property infringement can be reached as follows:
- an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
708 Blossom Hill Road, #192
Los Gatos, CA 95032
By email: Copyright Agent
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
POGL and governs your use of the Service,
superseding any prior agreements between you and POGL
with respect to the Service. You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other POGL
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
POGL shall be governed by the laws of the
State of California without regard to its conflict of law provisions. You and
POGL agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of POGL
to exercise or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your
POGL account is non-transferable and any rights to
your POGL ID or contents within your account terminate
upon your death. Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.