3.6 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 download using a particular Device model may not be available to you
in the event that you switch to 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, Web sites, photographs, images, text, graphics,
video clips, audio recordings, 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, misrepresent, modify, copy, reproduce, republish, upload, post,
transmit, distribute or otherwise utilize such materials without the express, written permission of the
copyright holder. Unauthorized copying or distribution of copyrighted works is an infringement of the
copyright holders’ rights. Pursuant to the Digital Millennium Copyright Act, Danger reserves the right
to terminate the accounts of users of the Service who are infringers of the copyrights of others.
4.2 Trademarks. Danger®, hiptop®, the Danger logo, the hiptop logo, and the powered-by-danger
logo are trademarks, service marks, and/or registered trademarks of Danger, Inc. in the United States
and in other countries. You agree not to use Danger’s trademarks (i) to identify products or services
that are not Danger’s, (ii) in any manner likely to cause confusion, (iii) in or as a part of your own
trademarks, (iv) in a manner that implies that Danger sponsors or endorses your products or services
or (v) in any manner that disparages or discredits Danger. You must have Danger’s prior written
consent before you use Danger’s trademarks in any way.
5. No Monitoring; Necessary Disclosures. You acknowledge that Danger does not pre-screen or moni-
tor content posted to or transmitted through the Service, but that Danger shall have the right (but not
the obligation) to remove any content in its sole discretion, including, without limitation, any content
that violates this Agreement. In addition, Danger reserves the right to disclose all content that you
upload, post, email, transmit or otherwise make available via the Service (whether or not directed to
Danger) if required to do so by law or in the good faith belief that such disclosure is necessary or ap-
propriate to conform to the law or comply with legal process served on Danger or its service partners,
to protect and defend the rights or property of Danger, the Service, Danger’s service partners or end-
users, whether or not required to do so by law, or to protect the personal safety of our end-users or the
public.
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