The Polemix.io website and its associated services, software, and content (collectively “Website”) is owned and operated by Polemix Inc. (“Polemix”), “our”, “us”, “we”), a Delaware corporation with its principal place of business in Dover, Delaware. Polemix has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
NOTICE TO NFT PURCHASERS: If you are purchasing an Non-Fungible Token (NFT), or transferring ownership of an NFT, you are also agreeing to the NFT Purchase & IP License Agreement found at this link. To the extent there is any conflict between this Agreement and the NFT Purchase & IP License Agreement, the NFT Purchase & IP License Agreement shall control.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
POLEMIX MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT POLEMIX MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
Definitions
As used in this Agreement:
About the Website
Polemix’s Website is a digital NFT marketplace where opinion leaders can create and sell NFTs depicting their opinions and users can purchase said NFTs to show their support for the vision or cause as well as comment on and contribute to online threads discussing said ideas.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any pre existing Agreement.
You warrant and represent that any and all information that you provide to Polemix and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Polemix makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Beta Website
Polemix may, from time to time, offer access to the Website that is classified as Beta version. Polemix makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Website at any time without notice. Beta versions of the Website are provided AS IS, and may contain bugs, errors, or other defects. Your use of a Beta version is at your sole risk.
Ownership of Website and License
You acknowledge and agree that Polemix is the owner of, or has rights in and to, the Website and its associated software and content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Polemix.
Polemix hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Polemix, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Polemix.
Intellectual Property
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all photographs featured on the Website are copyrighted and owned by Polemix, unless otherwise stated. All Polemix marks are the property of Polemix, including, but not limited to POLEMIX and all Polemix logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Polemix. You are prohibited from using Polemix’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Polemix.
Use of Website and Your Responsibilities
You may only use the Website pursuant to the terms of this Agreement. You understand that the Website is subject to change and may be modified at any time without notice. The Website is provided AS IS, and may contain bugs, errors, or other defects. Your use of the Website is at your own risk. Users are solely responsible for their use of the Website and shall abide by, and ensure compliance with, all laws in connection with use of the Website, including, but not limited to, laws related to recording, intellectual property, privacy, and export control. All Users that use the Website agree to the terms of this Agreement.
A third-party crypto wallet is required to create an account and use the Website. If you do not have a crypto wallet at the time of signing up, a wallet will be automatically created for you upon creation of your Account through Magic Link. You can view Magic’s Terms of Servicehere. Through your Account, you will be able to view, change, or delete information from your Account. Your Account on Polemix will be associated with your email and/or linked blockchain address.
By using your wallet in connection with the Website, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Polemix, and Polemix does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Polemix accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Website will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Website or your Account.
You have a duty to ensure that the information provided through the Website and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website. Polemix reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify Polemix for any damages that arise out of or in relation to the use of the Website.
Registered Users agree to keep their Account secure from unauthorized access. Registered Users should not reveal their passwords or login credentials to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Polemix immediately. Registered Users agree to hold harmless and indemnify Polemix for any damages that arise out of or in relationship to the use of their Account.
Registered Users may cancel their Account from within their Account settings. If a Registered Users cancels their Account, Polemix is under no obligation to preserve their data for any length of time and will not be responsible for any loss of data. Polemix is under no obligation to provide Registered Users with the data associated with their Website use and/or Account, except as otherwise provided in the Privacy Policy. Polemix recommends that Registered Users maintain their own backup of information submitted to the Website.
Comment Rewards
Users who participate and contribute to threads on select topics may be eligible for certain rewards. The number of top commentators, the amount of rewards, and the deadline for participation will be announced by Polemix ahead of time, and users will have until the established deadline to post and get the highest rated comments. Polemix reserves the right to delete comments that violate Polemix’s Terms of Use and Rules of Engagement, and upon Polemix’s own discretion. Polemix also reserves the right to change the amount of rewards, and deadline for participation as well as the manner in which this information is communicated.
Once the deadline passes, Polemix will review the submitted comments and determine which ones are the highest rated based on criteria set by Polemix. Factors Polemix will consider include the number of upvotes, responses, and other contributing factors. Users agree and acknowledge that Polemix may choose the top comments in Polemix’s sole discretion of the comment’s value eligibility for comment rewards. After Polemix selects and finalizes the top commentators, rewards will be distributed to the wallet associated with the user’s account. Polemix reserves all rights with regards to payment and distribution of comment rewards.
User Generated Content
Users may submit content to the Website, including, but not limited to text, photos, audio, and videos (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Polemix does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Polemix a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Website. Polemix acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Polemix does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Polemix reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Polemix also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
To learn more about Polemix’s copyright policies and learn how to submit an infringement claim based upon User Generated Content, please reference Polemix’s Copyright Policy below.
Copyright Policy
The Polemix.io website, content, and services (“Website”) are © 2022 Polemix, Inc. (“Polemix”).
Polemix respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Polemix and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of Polemix has infringed upon your copyright rights, please provide Polemix with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Polemix receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Polemix will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Polemix with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to:
Polemix Inc.
ATTN: Fox Horan & Camerini LLP
885 Third Avenue
New York, NY 10022
With a copy e-mailed to[email protected]
Prohibited Uses
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Polemix by sending an email to: [email protected].
Export Restrictions
You acknowledge that the Website, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Polemix will provide the U.S. export classification(s) applicable to its Website upon request. Users Participants may not access, use, export, re-export, divert, transfer or disclose any portion of the Website or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. Users represent and warrant that: (i) You (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that You will not access or use the Website, or export, re-export, divert, or transfer the Website, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) Users located in China, Russia, or Venezuela are not Military Participants and will not put Polemix’s Website to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no content created or submitted by Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. Users are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.
Mobile Devices
In the event Polemix provides access to the Website via a mobile device: to the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Polemix is not responsible for any fees or errors that occur while accessing the Website via mobile device.
Section 230 of Communications Decency Act
You acknowledge and agree that Polemix is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Polemix may edit, remove, or control the content displayed through the Website, you agree that Polemix will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party & Affiliate Links
You understand that the Website may contain links to third party websites, applications, or services that Polemix does not own or control. You agree that Polemix will not be held responsible or liable for the content of third-party websites, applications, or services and that Polemix’ inclusion of those websites, applications, or services within its Website does not constitute Polemix’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
No Endorsement
From time to time, Polemix will refer to commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. Polemix does not endorse any commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Polemix and are not intended to be used for product endorsement purposes.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Polemix may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT WE DO NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY OR QUALITY OF THE WEBSITE AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE WEBSITE, AND INTEGRITY AND ACCURACY OF THE WEBSITE. NOTHING ON THE WEBSITE SHOULD BE DEEMED TO CONSTITUTE A RECOMMENDATION TO PURCHASE, SELL OR HOLD, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, ANY REGISTERED OR UNREGISTERED SECURITY.
SALES HOSTED ON THE WEBSITE ARE NOT INTENDED TO BE AN OFFERING OR SALE OF SECURITIES, SWAPS ON EITHER SECURITIES OR COMMODITIES OR A FINANCIAL INSTRUMENT OF ANY KIND AS MAY BE DETERMINED BY AND LAW, RULE, OR REGULATION. PURCHASES AND SALES OF PROOF OF SUPPORT TOKENS MAY NOT BE SUBJECT TO THE PROTECTIONS OF ANY LAWS GOVERNING THOSE TYPES OF FINANCIAL INSTRUMENTS. BY ACCESSING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT POLEMIX IS NOT A WALLET PROVIDER, EXCHANGE, BROKER, FINANCIAL INSTITUTION, CREDITOR, AND DOES NOT ENGAGE IN THE BUSINESS OF EFFECTING SECURITIES TRANSACTIONS OR PROVIDING INVESTMENT ADVICE AND IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES REGULATOR AS A BROKER-DEALER OR INVESTMENT ADVISER AND DOES NOT CONDUCT ANY ACTIVITY THAT WOULD REQUIRE SUCH REGISTRATION.
POLEMIX DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. POLEMIX PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
POLEMIX WILL NOT BE HELD LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR; ANY USE OF NFTS, CONTENT AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE OR CRYPTO ASSETS.
PROOF OF SUPPORT TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFER OR SALES OCCUR ON THE ASSOCIATED BLOCK CHAIN (E.G. ETHEREUM). WE DO NOT GUARANTEE THAT POLEMIX AND/OR ANY OTHER POLEMIX PARTY CAN AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY POS TOKENS, NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. YOU SHOULD NOT PURCHASE OUR NFTS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON POLEMIX. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, POLEMIX MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE WEBSITE.
NO POLEMIX PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G. WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO POLEMIX PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.
POLEMIX WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. POLEMIX IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. POLEMIX RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
POLEMIX WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
Limitation of Liability
POLEMIX WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT POLEMIX CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO POLEMIX, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. POLEMIX IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
Indemnification
You agree to hold harmless, indemnify, and defend Polemix, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Polemix under the terms of this Agreement will not provide you with the right to control Polemix’s defense, and Polemix reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Polemix.
No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Polemix may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Jurisdiction, Governing Law, and Resolution of Disputes via Arbitration
This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Delaware without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Delaware, with venue proper in Dover, Delaware.
YOU AND POLEMIX AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM POLEMIX, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN DELAWARE AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF DELAWARE AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND POLEMIX AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF DELAWARE. YOU AND POLEMIX AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
Polemix hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Polemix.
No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Polemix will not knowingly collect personally identifiable information from children under the age of eighteen (18) for the creation of User Accounts. If Polemix inadvertently collects such personally identifiable information outside of the purposes of the Website, Polemix will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
POLEMIX AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST POLEMIX ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to Polemix.
Notice
Any notice required by this Agreement must be in writing and must be emailed to: [email protected].