PoiZen makes no representation that the Website is appropriate or available in other locations other than where it is operated by PoiZen. The information provided on the Website is not intended for distribution 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 PoiZen to any registration requirement within such jurisdiction or country. Accordingly, those person who choose to access the Website 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.
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 Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the PoiZen Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT PoiZen MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE PoiZen SERVICES OR THE WEBSITE.
By using the PoiZen Services, you represent and warrant that:
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PoiZen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PoiZen has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to PoiZen and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other maternal (collectively “Contributions”). Any Contributions you transmit to PoiZen will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
Poizen reserves the right to remove any content which is deemed to be in violation of these rules or otherwise harmful to the platform.
You have full ownership over your Content posted to PoiZen.
By posting Content to PoiZen, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, distribute, publicly display or prepare derivative works (such as but not limited to reformatting and caching) of your content. This license is explicitly to allow PoiZen to operate, promote, and grow the Website and your experience. PoiZen will, in good faith, attempt to reach out to Creators before using their Content and give credit for Content used.
PoiZen has the right to; edit, redact or otherwise change any Content that violates any others’ copyrights or intellectual property rights, re-categorize any Content to place them in more appropriate designations or locations, or pre-screen or delete any Content that is determined to be in violation of any applicable law or otherwise in violation of this Agreement.
By uploading your Content to the Website as a Creator, you hereby authorize PoiZen to grant to specific end users (such as a Supporter who has paid for a commission) a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Content for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind unless otherwise agreed upon between the Creator and such a user.
PoiZen may accept, reject or remove reviews in its sole discretion. PoiZen has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by PoiZen, and do not represent the views of PoiZen or of any affiliate or partner of PoiZen. PoiZen does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to PoiZen a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to PoiZen to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or PoiZen Services (“Submissions”) provided by you to PoiZen are non-confidential and PoiZen (as well as any designee of PoiZen) shall be entitled to the unrestricted use and dissemination of these Submissions for any prupose, commercial or otherwise, without acknowledgement or compensation to you.
You may not access or use the Website for any other purpose other than that for with PoiZen makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PoiZen. Prohibited activity includes, but is not limited to:
The content on the Website (“PoiZen Content”) and trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to PoiZen, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. PoiZen Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All PoiZen graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of PoiZen in the United States and/or other countries. PoiZen’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission and consent of PoiZen.
PoiZen Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and PoiZen Content and to download or print a copy of any portion of PoiZen Content to which you have properly gained access solely for your personal, non-commercial use. PoiZen reserves all rights not expressly granted to you in and to the Website and PoiZen Content and Marks.
The Website contains (or you may be sent through the Website or PoiZen Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or check for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and PoiZen takes no responsibility whatsoever in relations to such purchases which are exclusively between you and the applicable third party.
PoiZen reserves the right but does not have the obligation to:
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PoiZen RESERVES THE RIGHT TO, IN PoiZen’s SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREAK OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND PoiZen MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND PoiZen SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN PoiZen’s SOLE DISCRETION.
In order to protect the integrity of the Website and PoiZen Services, PoiZen reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and PoiZen Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATE ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF PoiZen’s THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A PoiZen CUSTOMER REPRESENTATIVE USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If PoiZen terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, PoiZen reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
PoiZen may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use PoiZen Services after any such modification becomes effective. PoiZen may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
PoiZen reserves the right at any time to modify or discontinue, temporarily or permanently, PoiZen Services (or any pert thereof) with or without notice. You agree that PoiZen shall not be liable to you or to any third party for any modification. Suspension or discontinuance of PoiZen Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that PoiZen is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PoiZen, it’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or PoiZen Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or PoiZen Services shall be governed and construed by the laws of the State of California, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against PoiZen arising out of or related in any respect to this Website and the PoiZen Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over State of California; subject, however, to the right of PoiZen, at PoiZen’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the PoiZen Services (including your visit to or use of the Website and/or the PoiZen Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. PoiZen reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
PoiZen cannot control the nature of all of the content available on the Website. By operating the Website, PoiZen does not represent or imply that PoiZen endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that PoiZen believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. PoiZen is not responsible for the conduct, whether online or offline, of any user of the Website or PoiZen Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND PoiZen SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PoiZen, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE PoiZen SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PoiZen MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, € ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) 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 WEBSITE. PoiZen DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL PoiZen OR ITS 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 PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PoiZen SERVICES, EVEN IF PoiZen HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PoiZen’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PoiZen FOR THE PoiZen SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS D NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold PoiZen, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless 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 your contributed content, use of the PoiZen Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, PoiZen reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PoiZen, and you agree to cooperate, at your expense, with PoiZen’s defense of such claims. PoiZen 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.
Except as explicitly stated otherwise, any notices given to PoiZen shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the PoiZen Services, as well as data relating to your use of the PoiZen Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the PoiZen Services. You agree that PoiZen shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against PoiZen arising from any such loss or corruption of such data.
Your use of the PoiZen Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE PoiZen SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and PoiZen regarding the use of the PoiZen Services. The failure of PoiZen to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. PoiZen may assign any or all of its rights and obligations to others at any time. PoiZen shall not be responsible or liable for any loss, damage, delay or failure to act cause by any cause beyond PoiZen’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement 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 PoiZen as a result of this Agreement or use of the Website and PoiZen Services. Upon PoiZen’s request, you will furnish PoiZen any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against PoiZen by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the PoiZen Services or to receive further information regarding use of the PoiZen Services, please contact PoiZen as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.