Pollybe Terms of Service

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Welcome to Pollybe! These Terms of Service ("Terms") govern your access to and use of the Pollybe website (located at https://www.pollybe.com) and its related services, features, and applications (collectively referred to as the "Service"). These Terms create a legally binding agreement between you and Pollybe. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

   1. By accessing or using the Pollybe Service, you affirm that you are at least 13 years of age and have the legal capacity to enter into these Terms.

   2. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

   3. We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting of the updated Terms. Your continued use of the Service after the posting of any modified Terms constitutes your acceptance of such changes.

2. User Account

   1. To access certain features of the Service, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account.

   2. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You may not impersonate or misrepresent your affiliation with any person or entity.

   3. You are solely responsible for the activity that occurs on your account and agree to notify Pollybe immediately of any unauthorized use or suspected breach of security.

   4. Pollybe reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service for violation of these Terms or any other unauthorized use.

3. Content

   1. The Service allows you to create, post, and share content, including but not limited to text, photos, videos, and links ("User Content").

   2. You retain ownership of any intellectual property rights that you hold in the User Content. By posting User Content on the Service, you grant Pollybe a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service.

   3. You represent and warrant that you have all necessary rights and permissions to grant the above license to Pollybe and that your User Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

   4. Pollybe does not claim ownership over any User Content, but reserves the right to remove or refuse to distribute any User Content that violates these Terms or applicable laws.

4. Prohibited Conduct

   1. You agree not to use the Service for any unlawful, harmful, or objectionable purposes. This includes, but is not limited to, the following activities:

      • Violating any applicable laws or regulations.

      • Posting or sharing User Content that is infringing, obscene, defamatory, or fraudulent.

      • Harassing, abusing, or threatening other users.

      • Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

      • Interfering with or disrupting the Service or its servers or networks.

      • Collecting or harvesting personal information of other users without their consent.

   2. Pollybe reserves the right to investigate and take appropriate legal action against any violations of these Terms, including the removal of offending User Content, termination of user accounts, and reporting of illegal activities to law enforcement authorities.

5. Privacy

   1. Your privacy is important to us. Please review our Privacy Policy [link to privacy policy] to understand how we collect, use, and disclose your personal information.

   2. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

6. Intellectual Property

   1. The Service, including its content, features, and functionality, is owned by Pollybe and its licensors and is protected by intellectual property laws. You agree not to modify, reproduce, distribute, create derivative works of, publicly display, or publicly perform any portion of the Service without the prior written consent of Pollybe or the respective rights holders.

   2. Pollybe and its logos are trademarks or registered trademarks of Pollybe. You may not use these trademarks in connection with any product or service that is not provided by Pollybe, nor in any manner that is likely to cause confusion among users or disparage or discredit Pollybe.

7. Disclaimer of Warranties

   1. The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

   2. Pollybe does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Your use of the Service is at your own risk.

8. Limitation of Liability

   1. To the fullest extent permitted by applicable law, Pollybe and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with your use of the Service.

   2. In no event shall Pollybe's total liability to you for all claims, whether in contract, tort, or otherwise, exceed the amount paid by you, if any, for accessing or using the Service during the twelve (12) months preceding the claim.

9. Indemnification

   1. You agree to indemnify and hold harmless Pollybe and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

10. Termination

    1. These Terms will remain in full force and effect while you use the Service. You may terminate your account at any time by contacting Pollybe's support team or using the account deletion options provided by the Service.

    2. Pollybe reserves the right to suspend or terminate your account and/or your access to the Service, in whole or in part, at any time and for any reason without prior notice or liability.

    3. Upon termination, all provisions of these Terms which by their nature should survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall continue to apply.

11. Governing Law and Dispute Resolution

    1. These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

    2. Any disputes or claims arising out of or in connection with these Terms or the Service shall be exclusively resolved through arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [City, State/Country], and the language of the arbitration shall be [language].

    3. Any claims must be brought within one (1) year after the cause of action arises, or such claim or cause of action shall be permanently barred.

12. Miscellaneous

    1. These Terms constitute the entire agreement between you and Pollybe concerning the Service and supersede any prior or contemporaneous agreements, communications, or representations.

    2. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

    3. Pollybe's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

    4. You may not assign or transfer these Terms, in whole or in part, without the prior written consent of Pollybe. Pollybe may freely assign or transfer these Terms without restriction.

By using the Pollybe Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.