Personal Information Locker
The Web Center for People on the Go
1. ACCEPTANCE OF TERMS
Welcome to the Personal Information Locker service (the "Service"). Whether you are an account holder (an Account Holder), or a guest invited by an Account Holder (a Guest), your use of the Service is subject to these Terms of Service ("TOS"). Personal Information Locker reserves the right to update and change the TOS from time to time without notice or acceptance by you. You can review the most current version of the TOS at any time at: https://ws.pilocker.com/?q=public/TOS. You must be at least 18 years old to use the Service, unless you are using a Custodial account setup by your legal guardian. The TOS will also be applicable to the use of the Service on a trial basis.
2. DESCRIPTION OF SERVICE
Personal Information Locker provides each Account Holder a repository to store information and access to a set of applications to manipulate this information. All Account Holder information is stored on Personal Information Locker's Property and accessible through Personal Information Locker's Internet property. Personal Information Locker will take measures to secure and protect the Account Holder's information and provide backup and restoration services to further protect the availability of this information to the Account Holder. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Personal Information Locker tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Personal Information Locker, such as service announcements, administrative messages, and that these communications are considered part of Personal Information Locker membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Personal Information Locker properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by Personal Information Locker for use in accessing the Service.
3. REGISTRATION
In order to use the Service, you must have a valid Personal Information Locker ID. To be an Account Holder, you must provide Personal Information Locker with a credit card, billing information and other information ("Registration Data"). Accounts Holder will choose a password and during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account ID, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Personal Information Locker 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. Personal Information Locker cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, 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 Personal Information Locker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Personal Information Locker 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).
If you register to use the Service for a free-trial basis, you will have to go through the full registration process which includes entering your credit card information. On the first day after the completion of the trial period, if you have not canceled the trial subscription, the account will be automatically converted to a billable account and you will be billed for the Service.
4. PAYMENT TERMS
4.1 BILLING
The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Personal Information Locker gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable.
4.2 CANCELLATION AND TERMINATION
If you cancel the Service before the end of the term, your cancellation will take effect at the end of the billing period (.Termination Date.). After cancellation, you have access to your account up to the Termination Date. After the Termination Date you will no longer have access to your account. The Personal Information Locker cancellation form will provide you with the options for delivering your information back to you. Personal Information Locker will archive your account information for 30 days beyond the Termination Date. After that time, all information contained therein will be deleted by Personal Information Locker. Personal Information Locker accepts no liability for such deleted information or content. If you are a Guest, all information that you enter into the Service will be owned by the Account Holder who invites you to use the Service. If your credit card is invalid for any reason, the Service may be canceled and all the information contained within deleted permanently. Personal Information Locker accepts no liability for information that is deleted due to an invalid credit card.
In addition, Personal Information Locker may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deactivation or deletion of your information or your access to the Service, and the forfeiture and relinquishment of all content of your account.
You agree that Personal Information Locker may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (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), or (e) unexpected technical issues or problems. Termination of your Personal Information Locker 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, and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Personal Information Locker's sole discretion and that Personal Information Locker 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.
5. PILOCKER's PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.
6. OWNERSHIP ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account, including those of your Guests. You agree to immediately notify Personal Information Locker of any unauthorized uses of the account or any other breaches of security. Personal Information Locker cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Personal Information Locker be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, URL links, messages, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Personal Information Locker, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Personal Information Locker 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 Personal Information Locker be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Personal Information Locker does not pre-screen Content, but that Personal Information Locker and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Personal Information Locker 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 Personal Information Locker or submitted to Personal Information Locker.
You acknowledge and agree that Personal Information Locker may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such 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; or (d) protect the rights, property, or personal safety of Personal Information Locker, 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 agree that you will not:
(a) upload, post, 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;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Personal Information Locker official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit 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 equipment;
(i) 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 the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Personal Information Locker determines, in its sole discretion, is inappropriate for sale through the Service provided by Personal Information Locker;
(n) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples content.
8. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Personal Information Locker in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
9. 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.
10. CONTENT SUBMITTED
Personal Information Locker does not claim ownership of the Content you place in your Personal Information Locker account. Content that you or your invited Guest posts to your account is owned by you and is your sole responsibility.
You acknowledge that Personal Information Locker does not pre-screen Content, but that Personal Information Locker and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Personal Information Locker 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.
11. ADVERTISERS
Personal Information Locker does not promote any advertising within the Service. Any content that you post to your account that is an Internet link to an advertisement or another advertiser's web site is of your own choosing. Any access to an advertisement link or another advertiser's web site which you access through a link of another Personal Information Locker Account Holder who granted you access to this link is also of your own choosing. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through these links, 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 Personal Information Locker 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 advertisement links within your account or another Personal Information Locker Account Holder you have granted you access to this advertisement link on the Service.
12. LINKS
The Service may provide links to other World Wide Web sites or resources. Because Personal Information Locker has no control over such sites and resources, you acknowledge and agree that Personal Information Locker 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 Personal Information Locker 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.
13. INDEMNITY
You agree to indemnify and hold Personal Information Locker, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Personal Information Locker.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Personal Information Locker may establish general practices and limits concerning use of the Service.
16. MODIFICATIONS TO SERVICE
Personal Information Locker 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 Personal Information Locker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. Personal Information Locker's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in external Internet sites and resources or information presented to you through the Service or these external Internet sites and resources is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Personal Information Locker, 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.
18. Copyright & Permissions
No part of the Service may be reproduced in whole or in part in any manner without the permission of Personal Information Locker Inc.
No part of the materials available through the www.pilocker.com site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of Personal Information Locker Inc. Any other reproduction in any form without the permission of Personal Information Locker Inc. is prohibited.
All materials contained on this site are protected by United State copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Personal Information Locker Inc.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PILOCKER EXPRESSLY DISCLAIMS 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. (b) PILOCKER WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, PILOCKER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. PILOCKER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC 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. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PILOCKER SHALL NOT BE LIABLE 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 PILOCKER 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.
21. 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 18 AND 19 MAY NOT APPLY TO YOU.
22. GENERAL
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Personal Information Locker respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at https://ws.pilocker.com/?q=public/Copyright. The TOS and the relationship between you and Personal Information Locker shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Personal Information Locker agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California. The failure of Personal Information Locker to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Personal Information Locker and govern your use of the Service, superseding any prior agreements between you and Personal Information Locker (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Personal Information Locker services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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. 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.
23. VIOLATIONS
Please report any violations of the TOS to our Content Violation Reporting Form.
Copyright 2005 Personal Information Locker Inc. All rights reserved.
Welcome to the Personal Information Locker service (the "Service"). Whether you are an account holder (an Account Holder), or a guest invited by an Account Holder (a Guest), your use of the Service is subject to these Terms of Service ("TOS"). Personal Information Locker reserves the right to update and change the TOS from time to time without notice or acceptance by you. You can review the most current version of the TOS at any time at: https://ws.pilocker.com/?q=public/TOS. You must be at least 18 years old to use the Service, unless you are using a Custodial account setup by your legal guardian. The TOS will also be applicable to the use of the Service on a trial basis.
2. DESCRIPTION OF SERVICE
Personal Information Locker provides each Account Holder a repository to store information and access to a set of applications to manipulate this information. All Account Holder information is stored on Personal Information Locker's Property and accessible through Personal Information Locker's Internet property. Personal Information Locker will take measures to secure and protect the Account Holder's information and provide backup and restoration services to further protect the availability of this information to the Account Holder. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Personal Information Locker tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Personal Information Locker, such as service announcements, administrative messages, and that these communications are considered part of Personal Information Locker membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Personal Information Locker properties, shall be subject to the TOS. You agree not to access the Service by any means other than through the interfaces that are provided by Personal Information Locker for use in accessing the Service.
3. REGISTRATION
In order to use the Service, you must have a valid Personal Information Locker ID. To be an Account Holder, you must provide Personal Information Locker with a credit card, billing information and other information ("Registration Data"). Accounts Holder will choose a password and during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account ID, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Personal Information Locker 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. Personal Information Locker cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, 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 Personal Information Locker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Personal Information Locker 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).
If you register to use the Service for a free-trial basis, you will have to go through the full registration process which includes entering your credit card information. On the first day after the completion of the trial period, if you have not canceled the trial subscription, the account will be automatically converted to a billable account and you will be billed for the Service.
4. PAYMENT TERMS
4.1 BILLING
The credit card that Account Holders provide as part of the Registration Data will be automatically and immediately billed. All currency references are in U.S. dollars. Please note, unless Personal Information Locker gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable.
4.2 CANCELLATION AND TERMINATION
If you cancel the Service before the end of the term, your cancellation will take effect at the end of the billing period (.Termination Date.). After cancellation, you have access to your account up to the Termination Date. After the Termination Date you will no longer have access to your account. The Personal Information Locker cancellation form will provide you with the options for delivering your information back to you. Personal Information Locker will archive your account information for 30 days beyond the Termination Date. After that time, all information contained therein will be deleted by Personal Information Locker. Personal Information Locker accepts no liability for such deleted information or content. If you are a Guest, all information that you enter into the Service will be owned by the Account Holder who invites you to use the Service. If your credit card is invalid for any reason, the Service may be canceled and all the information contained within deleted permanently. Personal Information Locker accepts no liability for information that is deleted due to an invalid credit card.
In addition, Personal Information Locker may immediately terminate the Service for your failure to follow the Agreement. Such termination of the Service may result in the deactivation or deletion of your information or your access to the Service, and the forfeiture and relinquishment of all content of your account.
You agree that Personal Information Locker may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, (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), or (e) unexpected technical issues or problems. Termination of your Personal Information Locker 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, and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Personal Information Locker's sole discretion and that Personal Information Locker 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.
5. PILOCKER's PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.
6. OWNERSHIP ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account, including those of your Guests. You agree to immediately notify Personal Information Locker of any unauthorized uses of the account or any other breaches of security. Personal Information Locker cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Personal Information Locker be liable, in any way, for any acts or omissions by an Account Holder or a Guest, including any damages of any kind incurred as a result of such acts or omissions.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, URL links, messages, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Personal Information Locker, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Personal Information Locker 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 Personal Information Locker be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Personal Information Locker does not pre-screen Content, but that Personal Information Locker and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Personal Information Locker 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 Personal Information Locker or submitted to Personal Information Locker.
You acknowledge and agree that Personal Information Locker may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such 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; or (d) protect the rights, property, or personal safety of Personal Information Locker, 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 agree that you will not:
(a) upload, post, 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;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Personal Information Locker official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit 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 equipment;
(i) 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 the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Personal Information Locker determines, in its sole discretion, is inappropriate for sale through the Service provided by Personal Information Locker;
(n) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples content.
8. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Personal Information Locker in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
9. 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.
10. CONTENT SUBMITTED
Personal Information Locker does not claim ownership of the Content you place in your Personal Information Locker account. Content that you or your invited Guest posts to your account is owned by you and is your sole responsibility.
You acknowledge that Personal Information Locker does not pre-screen Content, but that Personal Information Locker and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Personal Information Locker 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.
11. ADVERTISERS
Personal Information Locker does not promote any advertising within the Service. Any content that you post to your account that is an Internet link to an advertisement or another advertiser's web site is of your own choosing. Any access to an advertisement link or another advertiser's web site which you access through a link of another Personal Information Locker Account Holder who granted you access to this link is also of your own choosing. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through these links, 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 Personal Information Locker 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 advertisement links within your account or another Personal Information Locker Account Holder you have granted you access to this advertisement link on the Service.
12. LINKS
The Service may provide links to other World Wide Web sites or resources. Because Personal Information Locker has no control over such sites and resources, you acknowledge and agree that Personal Information Locker 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 Personal Information Locker 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.
13. INDEMNITY
You agree to indemnify and hold Personal Information Locker, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
14. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Personal Information Locker.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Personal Information Locker may establish general practices and limits concerning use of the Service.
16. MODIFICATIONS TO SERVICE
Personal Information Locker 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 Personal Information Locker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
17. Personal Information Locker's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in external Internet sites and resources or information presented to you through the Service or these external Internet sites and resources is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Personal Information Locker, 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.
18. Copyright & Permissions
No part of the Service may be reproduced in whole or in part in any manner without the permission of Personal Information Locker Inc.
No part of the materials available through the www.pilocker.com site may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without prior written consent of Personal Information Locker Inc. Any other reproduction in any form without the permission of Personal Information Locker Inc. is prohibited.
All materials contained on this site are protected by United State copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Personal Information Locker Inc.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PILOCKER EXPRESSLY DISCLAIMS 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. (b) PILOCKER WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, PILOCKER IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. PILOCKER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC 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. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PILOCKER SHALL NOT BE LIABLE 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 PILOCKER 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.
21. 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 18 AND 19 MAY NOT APPLY TO YOU.
22. GENERAL
Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Personal Information Locker respects the intellectual property rights of others and we ask our users to do the same. Please see our copyright policy at https://ws.pilocker.com/?q=public/Copyright. The TOS and the relationship between you and Personal Information Locker shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Personal Information Locker agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California. The failure of Personal Information Locker to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Personal Information Locker and govern your use of the Service, superseding any prior agreements between you and Personal Information Locker (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Personal Information Locker services, third-party content or third-party software. If any provision of the TOS or incorporated documents are 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. 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.
23. VIOLATIONS
Please report any violations of the TOS to our Content Violation Reporting Form.
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© 2006 Personal Information Locker, Inc. - All rights reserved
Personal Information Locker Terms of Service.
© 2006 Personal Information Locker, Inc. - All rights reserved