Effective Date: October 13, 2023

Welcome. These Terms of Use (“Terms”) are a legal agreement between you and PointPolish (“us”, “we” or “our”) governing your use of point2poll.net (the “Site”).

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, whether or not you are a registered user of our Site. If you do not agree to these Terms, you may not use our Site.

Use of Site

You may use the Site only for lawful purposes. You agree to use the Site in accordance with these Terms and all applicable laws, rules and regulations.

Restrictions on Use

In connection with your use of the Site, you agree you WILL NOT:

• Violate any local, state, national or international law
• Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
• Post, upload, or distribute any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
• Post, upload, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
• Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other user of the Site
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site

No Endorsement

The Site may contain links and references to third-party websites. Any such links and references are provided for your convenience only. We do not control such websites and are not responsible for their content. Our inclusion of links or references to third-party websites does not imply any endorsement, sponsorship, or recommendation of the material on such sites or of any product or service offered by the owner or operator of such sites.

User Content

If you submit, post, upload, distribute, transmit, display or otherwise make available on or through the Site any text, images, videos, profiles, audio, personal information or other content (“User Content”), you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free and fully transferable and sub-licensable right and license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, distribute and publish such User Content in connection with operating and providing the Site and any other products or services provided by us or our affiliates.

You are solely responsible and liable for all your User Content and for your use of any interactive features, links or information or content on the Site, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity. We are not responsible or liable for the deletion or accuracy of any of your User Content or any User Content uploaded by other users.

Trademarks

The trademarks, service marks, designs, and logos (collectively, “Trademarks”) displayed on the Site are our registered and unregistered Trademarks and the Trademarks of our licensors. You agree not to display or use our Trademarks in any manner without our prior, written permission. The Site and its contents are protected by copyright and/or other intellectual property laws and any unauthorized use of the materials on the Site may violate such laws and these Terms.

Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of all or any part of the Site or any features, functionality, or content of the Site at any time without notice for any reason. We may change, suspend, or discontinue all or any part of the Site at any time without notice.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our affiliates and subsidiaries, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Indemnified Parties”) from any claim, demand, loss, damage, or harm made by any third party, together with all losses, liabilities, damages, costs and expenses, including legal fees and costs, arising out of or in connection therewith, incurred by any Indemnified Parties in connection with: (i) your access to or use of the Site; (ii) your User Content; (iii) any products or services purchased or obtained by you in connection with the Site; (iv) your violation of any of these Terms; (v) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property right; or (vi) any other party’s access to or use of the Site with your account information.

Disclaimers

THE SITE AND ALL MATERIALS, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND ALL MATERIALS, PRODUCTS AND SERVICES ON THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY MATERIALS, PRODUCTS OR SERVICES ON THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY MATERIALS, PRODUCTS OR SERVICES ON THE SITE EXCEED $100.

Governing Law

These Terms shall be governed by the laws of the State of New York. Any dispute arising out of or related to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in New York.

Modifications

We reserve the right, in our sole discretion, to amend these Terms from time to time. Updated versions of the Terms will be provided on the Site and are effective immediately. Please check this page periodically for any updates. Continued use of the Site following the posting of changes constitutes your acceptance of such changes.

Contact Us

If you have any questions about these Terms, please contact PointPolish: es@pointpolish.com.