Effective May 27, 2018.
Welcome to the Pomcor web site. The Pomcor web site (hereinafter “the Site”) comprises the Pomcor blog, web pages, technical materials such as white papers, technical reports and presentations, and other content. The Site also provides access to the Pomcor JavaScript Cryptographic Library (hereinafter “the PJCL”). By accessing the Site, you agree to these Terms of Use, as well as to our Privacy Policy, which is incorporated by reference herein. Use of the PJCL is subject to the terms of the PJCL License. Please read these Terms of Use and our Privacy Policy carefully. If you do not agree with these Terms of Use and our Privacy Policy, you should leave the Site immediately. Further, the Site is intended for use only by those 13 years of age or older. If you are younger than 13, you should not use the Site.
This Agreement gives you a limited license to view blog posts, web pages and other content subject to the terms and conditions specified herein. However, Pomcor and/or its licensors, as applicable, retain full ownership of the Site and all related intellectual property, including, but not limited to: the copyright of all the content included in the site and the trademarks “Pomcor”, “PJCL” and the string “pjcl” used as a prefix of function and variable names. All code, methods and techniques used to implement the Site are trade secrets of Pomcor and/or its licensors, including all the HTML and Javascript code downloaded to your computer or other device used to access the Site (hereinafter the “Client Device”). You agree not to inspect such code, not to copy any part of such code, not to use the Site with the purpose of gaining insights into its implementation other than any that may be explicitly disclosed by Pomcor, and not to otherwise reverse-engineer the Site.
You are welcome to send us comments concerning the Site via the Contact Form, and to contribute content to the site by submitting comments to blog posts and web pages. You relinquish any intellectual property rights that you may have in any such comments and contributions. You warrant that such comments and contributions do not infringe upon the intellectual property rights or any other rights of others and that Pomcor may use them as if they were in the public domain.
If you are a copyright owner and you believe that content present on the Site infringes on your copyright, please contact the designated agent for Pomcor listed in the DMCA Designated Agent Directory, or contact us via the Contact Form.
By using the Site, you may expose the Client Device to malicious software, also known as “malware”. Malware may infect your Client Device, destroy or disclose to an attacker data present in your Client Device, use your Client Device to attack other computers on the Internet, perform unauthorized online activities on your behalf, or cause other harm. Malware may be present in third-party sites that are accessed via the Site. Pomcor provides access to such third-party sites, but is in no way responsible for their contents. Malware may even have infected, and be present in, the Site itself. While Pomcor takes precautions against such infection by malware, no such precautions can be 100% effective.
You agree to fully accept the risk of malware and to hold Pomcor, its agents, employees, officers, successors and assigns harmless from and against any cost or expense, including but not limited to attorneys’ fees incurred at arbitration, at trial or on any appeal, which may be incurred in connection with malware.
You accept and take upon yourself the risk that any information provided by the Site or the Search Facility may be inaccurate or contain errors.
ALL INFORMATION AND SERVICES PROVIDED BY THE SITE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS ONLY. POMCOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
IN NO EVENT WILL POMCOR INCUR ANY LIABILITY OF ANY KIND IN CONNECTION WITH ANY USE OF THE SITE, OR OF ANY OTHER SITE TO WHICH THERE IS A LINK IN THE SITE.
You will indemnify, defend and hold harmless Pomcor and its affiliates, together with their respective employees, agents, directors, officers, shareholders, information providers, licensors and licensees from and against any liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site or the Search Facility, your breach or alleged breach of this Agreement, or your violation or alleged violation of any rights of any third party.
Pomcor reserves the right to modify this agreement at any time by posting a revised agreement on the “Terms of Use” page of the Site. By continuing to use the Site after the revised agreement has been posted, you accept all changes. If you do not agree to a change made by Pomcor to this agreement, you must stop using the Site.This Agreement shall be deemed executed in the State of Oregon and shall be interpreted and construed in accordance with the laws of the State of Oregon relating to contracts made and performed therein. Venue shall be proper only in the County of Multnomah, State of Oregon, USA.
The failure of either party to insist upon strict compliance by the other party with any of the terms of this agreement shall not constitute a waiver of future violations of the same or any other term.
If any provision of this Agreement is judicially declared to be invalid, unenforceable or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
Both parties agree that this Agreement, the Privacy Policy and the PJCL License are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).
All limitations on our liability and on your use of Pomcor materials, as well as the indemnity provisions, shall survive any termination of this Agreement or of your use of the Site.