IMPORTANT: PLEASE READ THIS TERM OF SERVICE FULLY AND CAREFULLY BEFORE USING POLORIZ PLATFORM (THE “SITE”) AND THE FEATURES, CONTENT, SERVICES OR APPLICATIONS OFFERED BY POLORIZ (“WE”, “US” OR “OUR”) (TOGETHER WITH THE SITE, THE “SERVICES”). BY PRESSING THE “I AGREE” BUTTON, OR OTHERWISE ORDERING, INSTALLING OR USING THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT ON YOUR BEHALF.
THESE TERMS OF SERVICE TOGETHER WITH OUR PRIVACY POLICY, ACCESSIBLE AT POLORIZ.COM
POLORIZ RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REVISE OR MODIFY THESE TERMS AT ANY TIME, AND YOU AGREE TO BE BOUND BY SUCH REVISIONS OR MODIFICATIONS. YOU ARE RESPONSIBLE FOR VIEWING THESE TERMS PERIODICALLY. YOUR CONTINUED USE OF THE SERVICE AFTER A CHANGE OR MODIFICATION OF THESE TERMS HAS BEEN MADE WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS. IF YOU DO NOT AGREE TO THE TERMS YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE AND TO CANCEL ANY ACCOUNTS YOU HAVE CREATED USING THE SERVICE.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
License
Subject to the Publisher’s agreement and compliance with these Terms, Poloriz grants the Publisher a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services solely pursuant to these Terms and as specified in the Site and on the signed agreement.
Scope of the agreement
Poloriz is the developer and owner of an online platform, enabling the producing and production of interactive content units to be placed on the Publisher Inventory through the Poloriz’s Units (“Platform“). Publisher agrees and undertakes that it will not, either by itself or by authorizing or encouraging others to do so, directly or indirectly: (a) modify, edit, amend, truncate, alter, bypass or reorder any aspect of the Platform; (b) place the Platform in an iFrame or alter the appearance of the Platform by placing it in a container or otherwise adding Publisher’s own code overriding Poloriz’s code on the Platform. Failure to comply with the provisions set forth above may result herein (at Poloriz’s sole discretion) in the termination or suspension of the License and Agreement.
Intellectual property rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
User representations
Each party represents and warrants that: (i) the Agreement constitutes a valid and legally binding obligation of it, enforceable against it in accordance with its terms; (ii) it has all requisite corporate power and authority to execute, deliver, and perform its obligations under the Agreement; (iii) the execution of the Agreement or the performance by it of its obligations under the Agreement do not and will not violate any other obligation or agreement, law or regulation by which it is bound or to which it is subject; and (iv) it shall comply with applicable laws, regulations and industry best standards.
Publisher further represents and warrants that: (i) Publisher owns or has the legal rights in the Inventory; (ii) the Inventory are content-based, fully functional proprietary and are in compliance with all applicable laws and industry best standards; (iii) Publisher will not use the Platform or Interactive Units for any illegal purposes and will at all times be in full compliance with this Agreement; (iv) Publisher’s Inventory do not breach any Intellectual Property Right or privacy rights.
Poloriz represents and warrant that it will provide the services: (i) in a timely and professional manner, consistent with applicable industry standards; (ii) in conformance with that level of care and skill exercised by other professionals in similar circumstances but in any event no less than reasonable care and skill.
Data protection
The Publisher acknowledges and agrees that Poloriz is solely a service provider, and has no contractual relationship or interaction with end-users. The Publisher will enable end-users to opt-out of data collection, as required under applicable laws. Poloriz will store, process and use Data, including Personal Data provided by Publisher (e.g. through Account registration, if applicable) pursuant to Poloriz’s privacy policy and for the sole purpose of improving the user experience over the Platform (as described at www.poloriz.com/privacy).
Term and termination
These terms and conditions shall remain in full force and effect while you use the site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and platform (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information, without warning, in our sole discretion.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Governing law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State/Commonwealth of Israel, without regard to its conflict of law principles.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials 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 site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
Contact us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at contact@poloriz.com.
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