TERMS AND CONDITIONS

Poln, Inc. (“Company”, “us”, “we” or “our”) provides you with the use of this website (the “Site”) and the associated services (the “Services”) subject to these terms and conditions (the “Agreement”). Please review this Agreement carefully as this is a legal contract and is binding between you and the Company.   

Acceptance of Terms

By using the Site, you agree to these Terms of Service.  In addition, when using particular Services, there may be additional policies, guidelines or rules applicable to such Services, including but not limited to the Advertising Terms and the Privacy Policies.  All such policies, guidelines or rules are hereby incorporated by reference into this Agreement.

Services

Company currently provides users with access to a variety of Services, which may include but are not limited to, online advertising.  Unless explicitly stated otherwise, any new features, products, or additional services that augment or enhance the Services shall also be subject to the terms of this Agreement.

License, Access to the Site, and Privacy

For privacy considerations, users under the age of eighteen (18) are not permitted to use the Services or access the Site.  Provided that you are not under the age of eighteen (18), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and to use our Services (the “License”).  You may not reproduce, duplicate, copy, sell, resell or commercially exploit for any purposes, any portion of, use of, or access to the Services or Site.  If you fail to comply with the terms of this Agreement, we have the right to terminate your License without notice and you will no longer be permitted to use the Services or access the Site. 

If you create an account and obtain or create a username and password to access our Services, you are solely responsible for keeping your username and password confidential and private.  You are also solely responsible for any and all consequences of the use or misuse of your username and password.  You agree to immediately notify us if you become aware of any unauthorized use of your username or password or any other breach of security regarding the Services.

If we become aware of any possible violations of the terms of this Agreement, we may initiate an investigation which may include gathering information from you or any other user involved as well as the examination of any relevant materials, data or other information.  If there is a possible or actual violation, we may suspend the provision of our Services temporarily, or we may permanently remove the offending material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site and our Services.  We will determine what action will be taken in response to a violation of this Agreement at our sole and exclusive discretion, and you will have no recourse in response to the actions we choose to take.  We fully cooperate with law enforcement authorities in investigating any suspected illegal activity.

Company values your privacy and understands your privacy concerns and we work diligently to build trust with our users.  The use of the Services and this Site is subject to our Privacy Policy, which may be found at here.

Links to Third Party Sites

Our Site and our Services may contain links to third party websites, news articles, blog posts, or other content (“Third Party Sites”).  Your access to and use of any Third Party Sites is solely and exclusively your responsibility.  The Third Party Sites are not under our control and we are not responsible for the content or the stability of any Third Party Sites and we are explicitly not responsible for any transmissions, including but not limited to viruses or malware, from any Third Party Sites.  Company is providing links to the Third Party Sites to you as a convenience only and the inclusion of any such link does not imply any endorsement by Company or any association with its operators, or guarantee that the content contains accurate information, or guarantee that the site is safe to browse.  Please review the separate privacy statements and Terms and Conditions posted at each Third Party Site.

You are also cautioned to carefully read the terms and conditions of any Third Party Site with regard to any services or transactions you may engage in with or via such Third Party Sites.  We shall not be responsible to you or any other party for any inaccuracies, misrepresentations, product or service liability, offensive, infringing, libelous or illegal materials, lack of availability of other sites, information, promotions, products, or services, viruses, malware, or other computer problems resulting from use of such Third Party Sites, or any liabilities resulting from the terms and conditions of other sites.  Company does not guarantee any content on such Third Party Sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

If you choose to use any links to Third Party Sites, purchase goods and/or services from any Third Party Sites, or employ any discounts at any Third Party Sites, you are knowingly and voluntarily assuming all risks and responsibilities, even if such Third Party Site is recommended or advertised on our site.  You agree that Company, its employees, directors, and agents as well as its licensors and advertisers shall have no liability whatsoever from such Third Party Sites and your usage of them.

Third Party Sites are not under the control of Company, Company does not monitored or reviewed them or their content, and Company is not aware of the contents of the Third Party Sites.  Company does not sponsor, endorse, or recommend these Third Party Sites and makes no representations or warranties of any kind or type with regard to any Third Party Sites, their terms and conditions, or their privacy policies, including but not limited to the ways they may collect, save, store, and use information, including your personally identifiable information.  You acknowledge that Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such Third Party Sites.  These Third Party Sites may contain information or material that is illegal, unreasonable, or that may be found inappropriate or offensive.  The inclusion of such a link or frame by us or on our Site does not imply endorsement of that Third Party Sites by Company or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience.  If you have any complaint with any such Third Party Sites, you should contact that site directly.

Our Content

At times, we may host content written by our employees or contractors or content written by third parties on our Site (collectively “Our Content”). All of Our Content available on our Site or through our Services is either owned by us, our suppliers, or our contributors, and is protected by copyright, trademark, and other proprietary rights.  We give you permission to use Our Content for personal, non-commercial purposes only.  You may print, download, and store articles and other information included within Our Content for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of Our Content or exploit it for commercial gain.

You may be invited to submit content to our Site, which may include text, documents, music, sound, photographs, videos, topical questions or responses submitted through forums or blog entries, for publication, circulation and/or distribution (collectively, the “Submitted Content”).  Any such Submitted Content is yours and Company does not claim ownership or control of the Submitted Content, but by submitting such Submitted Content you grant Company a nonexclusive, royalty-free, fully paid, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense the Submitted Content.  We reserve the right to publish, upload, remove, or replace any Submitted Content at any time without notice in our sole and exclusive discretion.  

By providing Submitted Content to us, you certify that you own the Submitted Content, or otherwise have the right to freely distribute or redistribute the Submitted Content without limitation, and that providing this Submitted Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Further, you certify that the Submitted Content is not defamatory, obscene, in violation of any law, or otherwise contains harmful or destructive content or output, including but not limited to any viruses, worms, Trojan horses, or any other malware or spyware.

We assume no liability with respect to the Submitted Content and you certify that you are solely and exclusively responsible for any content you submit.  Company expressly disclaims any representation or warranty about the accuracy of such content and hereby states that you should not rely on any information contained in the Submitted Content.  If any third parties are harmed, offended, or otherwise damaged by any Submitted Content submitted by you, that will be solely and exclusively your responsibility as more fully explained in the Indemnification provision below.

In the event of any disputes over Content ownership, copyright, or trademarks, we assume no liability whatsoever.  In the event that Company is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Company will remove the content in question in a timely manner without notice.  If you believe that any content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your rights in that work, please immediately notify Company of any such infringement at info@poln.com in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms of this Agreement.

When reporting an infringement, please ensure you provide all of the following information: (i) a detailed description of the content on the Site that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (1) the foregoing information is accurate, (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner, and (3) your physical address, telephone number, and email address.  Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer of Warranties/Limitation of Liability

While we use reasonable efforts to include accurate and up-to-date information on our Site, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, content or other materials available on our Site, and you should not rely upon them.  We provide the Site and all Services on an “AS IS, AS AVAILABLE” basis.  Your use of our Site and any of our Services is at your own risk, and Company, its employees, directors, and agents are not liable for any errors or omissions in their content or delivery, or for any form of loss or damage that may result from their use, including but not limited to any consequential, indirect, incidental, special, or exemplary damages, even if known to us.  We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement.  If any of the above provisions are void under the governing law, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, agents, and employees, harmless from and against any claim, dispute, or demand, including but not limited to reasonable attorneys’ fees, which may arise from any breach or violation by you of this Agreement, including but not limited to any Submitted Content, or other materials, information or data uploaded, or transmitted by you to or through our Site or via our Services.

Injunctive Relief

Your breach of this Agreement may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site, which is in addition to any other remedies available to us at law or in equity.

Electronic Communications.

If we need to communicate with you, we may do so with you by means of electronic communications, including (a) posting a notice or communicating to you through the Services, or (b) sending electronic mail to the email address you provided during registration.  You hereby agree that the following may be communicated to you by means of electronic communications: the terms of this Agreement, our Privacy Policy, and any other policies, terms or conditions including but not limited to any revisions or amendments thereof.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy as applicable.  Electronic communications shall be deemed received by you when they are posted or communicated to you through the Services, sent to the email address you provided at the time of registration or as updated by you thereafter, or when the electronic communication is posted on a Company’s Site, as applicable.

For those communications or records that Company are otherwise required under applicable law to provide in a written paper form to you, you agree that such communications or records may be provided by means of electronic communications.  The following additional terms will apply to such electronic communications: (a) you may contact Company to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and Company  reserves the right to charge a fee to provide such paper copy; (c) you may contact Company through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of Company’s Services if you decline or withdraw consent to receive electronic communications.

Jurisdiction

This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York without regard to any choice of law provisions therein.  Any legal action or proceeding between you and us arising out of or relating to this Agreement or your use of our Site or our Services shall be brought exclusively in a federal or state court of competent jurisdiction in the City and State of New York, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

No waiver; Severability

Any waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions herein.  In the event that we fail to enforce any instance in which these terms might apply, that failure shall not constitute any waiver of such rights to enforce in the future.  In the event that any provision of this Agreement is held to be unenforceable, it shall not affect the validity or enforceability of the remaining provisions and shall be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

Survival

In the event that we terminate your use of our Site and/or our Services, the terms of this Agreement shall survive and remain unmodified and enforceable.

Assignability

We may assign our rights and delegate our duties under this Agreement either in whole or in part, at any time without notice.  You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the terms of this Agreement to anyone else without our prior written consent.

Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

Updates and Changes to Terms of Service

We may add to, change, update or modify the terms of this Agreement by posting such addition, change, update or modification on the Site.  Any such change, update or modification will be effective immediately upon posting on the Site.