POIHandler.com General Terms and Conditions
We may change the terms of this Agreement at any time. The current version of Terms and Conditions will be posted here.
Your POIHandler.com account username and password may not be posted to any publicly-viewable Web page. The usernames and passwords may not be shared between friends, family, co-workers or classmates. If this security is breached, and we find that you have shared the passwords, your account will be suspended. POIHandler.com reserves the right to terminate your subscription if we learn that you have provided false or misleading registration information. You are responsible for maintaining the confidentiality of your information and password. You agree to immediately notify POIHandler.com of any unauthorized use of your subscription or password.
POIHandler's system and services may only be used for lawful purposes. Without limiting the foregoing, POIHandler.com's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.
During synchronization between your PDA and www.poihandler.com the username, PocketPC ID as well as the Points of Interest in the appropriate files are compared and transferred over an on-line connection with the database contents of www.poihandler.com. Points of Interest that are changed on the PDA will be transferred to the database of www.poihandler.com after a successful synchronization. During synchronization also the local Points of Interest can be changed. The user is responsible for backing up his Points of Interest data before synchronization. POIHandler.com is not responsible for any damage, change or loss to the Points of Interest files. POIHandler.com does not guarantee completeness or correctness of the Points of Interest data. POIHandler.com keep track of all the changes of data to the respective user. Abuse of this service can lead to exclusion of this service. All brand names and brand pictures are only for use of illustration and copyrighted to the respective manufacturers.
Changes to Service
The services provided by POIHandler.com and POIHandler.com's system are expected to change from time to time. POIHandler.com reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections, and system hardware and software.
Termination and Suspension
Either subscriber or POIHandler.com may, at its sole discretion, terminate the subscriber's account at any time with or without reason. POIHandler B.V. also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. POIHandler.com may delete all data, files or other information that is stored in subscriber's account upon termination. Provisions set forth below in the sections entitled "Warranties/Limitations" shall survive termination. Refunding of fees paid to POIHandler.com by subscriber for loss of service due to violation of these terms is solely at the discretion of POIHandler.
The effective date of for-fee subscriptions will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are received by POIHandler.com from the subscriber or any payment processing services used in the transaction. Certain methods of payment also incorporate a clearing period, including but not limited to personal checks. For payments made by these methods, the effective date will be no earlier than the date and time of the creation of the subscription by the subscriber, and no later than the date and time which funds are cleared. All fees paid are non-refundable. Any requests for refunds must be made in writing and POIHandler B.V. reserves sole discretion on the decision to grant or deny a refund.
A) The information available through the Service is the property of POIHandler.com, or its licensors, and is protected by copyright and other intellectual property laws. Any print-outs using or referencing content from the Service shall contain the following copyright notice: "Copyright © 2003-2013, POIHandler.com" along with POIHandler.com logo that appears in the left top.
B) POIHandler.com, reserves the right to monitor your use of the Service to ensure compliance with this Agreement. If it is determined you are not in compliance with this Agreement, POIHandler.com, reserves the right to take such action as is deemed necessary, including, but not limited to, assessing additional charges for users in excess of the number authorized or suspension or termination of the account. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or extraction of content from the Service, including the use of "bots" or "spiders", is prohibited.
C)User will not make public or available to third parties, either directly or indirectly, in any form whatsoever, any information that can be regarded as confidential. The intellectual property as well as the commercial rights of 'supplied' data will be with POIHandler.com at all times.
USE OF POIHandler.com'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT SUBSCRIBER'S SOLE RISK. POIHandler.com DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT POIHandler.com'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES POIHandler.com MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. POIHandler.com'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL POIHandler.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, POIHandler.com WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF POIHandler.com'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH POIHandler.com'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF POIHandler B.V. TO ANY SUBSCRIBER OR SUBSCRIBER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO POIHandler.com'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR SUBSCRIBER TO POIHandler.com DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
Accounts and right to use POIHandler.com's services and system is not transferable without POIHandler.com's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect.
|Updated Jan 2005|