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TERMS AND CONDITIONS OF USE
THIS WEBSITE ("SITE") IS AN INTERNET
PROPERTY OF POLARIS MEDIA, A DIVISION OF NETMARKETS, LLC
("WE", "US"). PLEASE READ THE TERMS
AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE
USING THIS SITE.
BY ACCESSING OR USING THE SITE, YOU AND
ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU"
OR "YOUR") AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS CONSTITUTE AN AGREEMENT GOVERNING YOUR ACCESS
TO AND USE OF THE SITE. YOU ALSO AGREE THAT YOU HAVE READ
THE PRIVACY POLICY OF OUR SITE
AND YOU ACCEPT THE PRIVACY POLICY.
THESE TERMS AND CONDITIONS ALSO APPLY TO
SITES UNDER COMMON OWNERSHIP WITH THE SITE, INCLUDING
WITHOUT LIMITATION POLARISOFFERS.COM, TO WHICH WE MAY
PROVIDE LINKS WITHIN THE SITE.
WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT
NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITE. CONTINUED
USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF
ANY MODIFICATIONS.
PLEASE NOTE: This Site may not be used
by persons under eighteen (18) years of age, or persons
who are not residents of the United States. Persons in
these categories must not disclose any information to
us, or use this Site. We do not knowingly solicit or collect
information from persons under eighteen (18) years of
age or who are not United States residents. We define
"United States" as the fifty (50) states, plus
U.S. territories, including the Midway Islands, Puerto
Rico, American Samoa, Virgin Islands, Micronesia, Marshall
Islands, Northern Mariana Islands, Palau and Guam.
THIS SITE IS FOR INFORMATION AND PERSONAL
ENTERTAINMENT ONLY. WE DO NOT PROVIDE LICENSES FOR REPRODUCTION,
DISTRIBUTION, PUBLICATION, OR PUBLIC PERFORMANCES OF THE
MATERIALS FOUND ON OR THROUGH OUR SITE. WE DO NOT WARRANT
THE ACCURACY, ADEQUACY, COMPLETENESS, OR TIMELINESS OF
THE INFORMATION CONTAINED IN OR LINKED TO THE SITE. YOUR
USE OF INFORMATION AND RESOURCES ON THE SITE OR LINKED
TO FROM THE SITE IS ENTIRELY AT YOUR OWN RISK.
Use Of The Site
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for informational,
personal, non-commercial, educational or entertainment
purposes; and (c) to print out discrete information from
the Site solely for such purposes and provided that you
maintain all copyright and other proprietary notices contained
therein.
You further agree to comply with U.S. or
other applicable law regarding the transmission of any
information obtained from the Site in accordance with
the Terms, not to use the Site for illegal purposes, and
not to interfere or disrupt the networks or other sites
connected to the Site.
Any Site updates, enhancements, new features,
and/or the addition of any new web properties, are subject
to these Terms. We may change, suspend or discontinue
any aspect of this Site at any time, including the availability
of any feature, downloadable, software database, or content.
We may also impose limits on certain features and services
or restrict your access to parts or this entire Site without
notice and without liability to you.
We may monitor your use of this Site, and
may freely use and disclose any information and materials
received from you or collected through your use of this
Site for any lawful reason or purpose, in accordance with
our Privacy Policy relating
to the collection and use of your personal information.
Termination
We may discontinue or suspend the Site at any time without
notice. We may also may block, terminate or suspend your
access to the Members' section of the Site at any time
for any reason in our sole discretion, even if access
to the Site continues to be allowed to other users. Upon
such suspension or termination, you must immediately discontinue
use of the Site. You acknowledge and agree that we shall
not be liable to you or any person or entity making a
claim through you for any termination or suspension of
your access to the Site.
Restrictions On Use
Your license for access and use of the Site and any information,
materials or documents (collectively, "Content") found
on the Site are subject to the following restrictions
and prohibitions on use:
(i) you may not copy, print (except for
the express limited purpose permitted by the section entitled
"Use of the Site" above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any
portion of the Site or any Content retrieved from it;
(b) you may not use the Site or any materials
obtained from the Site to develop, of as a component of,
any information, storage and retrieval system, database,
information base, website, or similar resource (in any
media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other
commercial distribution mechanism;
(c) you may not create compilations or derivative
works of any Content from the Site;
(d) you may not use any Content from the
Site in any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of
us or any third parties;
(e) you may not remove, change or obscure
any copyright notice or other proprietary notice or terms
of use contained in the Site;
(f) you may not remove, decompile, disassemble
or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site
architecture;
(h) you may not use any automatic or manual
process to harvest information from the Site;
(i) you may not download, post, email or
otherwise transmit or intentionally receive any content
that is unlawful, illegal, threatening, abusive, harassing,
tortious, defamatory, obscene, libelous, invasive of another's
right to privacy, reveals private information about another
person without consent of that person, or may tend to
incite others to undertake any of the foregoing activities,
or violate any export or import regulations of the country
of origin or receipt;
(j) you may not download, post, email or
otherwise transmit any software virus or other computer
code, files or programs designed to interrupt, destroy,
limit the functionality, or cause a denial or interruption
of service of any computer software or hardware or telecommunications
equipment of ours or any third party, including without
limitation any telecommunications network;
(k) you may not copy, transmit, use, broadcast,
distribute or modify any information or material in violation
of patent, copyright, trademark or trade secret rights
of any other person;
(l) you may not use this Site in any manner
that violates any rules or regulations imposed on you
by the owner of the computer equipment or by the Internet
Service Provider you have chosen to use to access this
Site;
(m) you may not violate or attempt to violate
the security, efficiency, reliability, or integrity of
this Site or its content in any way, including, without
limitation, by accessing data, servers or accounts which
you are not authorized to access, forging TCP/IP packet
headers or payloads or accessing or attempting to access
parts of this Site that are subject to access restrictions;
(n) you may not use the Site in a manner
that violates any state or federal law.
Member Account, Password and Security
We make certain services available to individuals ("Members")
who register on the Site.
Members have access to certain information
relating to products, services and information provided
by third parties ("Third Party Providers"),
including access to Members' Area webpage with links to
resources and information. Members also may receive complimentary
promotional offers after fulfilling the applicable participation
requirements.
There is no charge for membership.
To gain free access to the Members' Area of the Site,
each registrant must do the following: (1) read
and agree with the Terms
and Conditions and Privacy
Policy of our Site; (2) provide true and accurate
registration information; (3) complete the sponsors' survey(s)
during the registration process; and (4) accept the sponsors'
free offers as indicated at the end of the survey.
No purchase from the sponsor is required.
Third Party Providers
We use reasonable diligence to ensure that the services
and information provided by us is reliable and accurate.
However, we do not maintain any control over the quality
of service, accuracy of information or operation of websites
of Third Party Providers. The appearance of a link to
a Third Party Provider on the Site is not an endorsement
of such Third Party Provider or any services or information
provided by the Third Party Provider or at its site. If
a Member decides to access a Third Party Provider website,
such access is entirely at the Member's own risk.
WE MAKE NO GUARANTEES OR WARRANTIES ABOUT
THE ACCURACY, CURRENCY, CONTENT, QUALITY OR TIMELINESS
OF THE SERVICES OR INFORMATION PROVIDED BY ANY THIRD PARTY
PROVIDER, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED,
OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT
THAT MAY RESIDE ON THIRD PARTY PROVIDER WEBSITES. YOU
ACKNOWLEDGE AND AGREE THAT WE MAKE NO GUARANTEES ABOUT,
AND ASSUME NO RESPONSIBILITY FOR, THE ACCURACY, CURRENCY,
CONTENT, TIMELINESS OR QUALITY OF SUCH THIRD PARTY PROVIDER
WEBSITES, SERVICES OR INFORMATION. MEMBERS ACCEPT FULL
RESPONSIBILITY FOR ANY CORRESPONDENCE, COMMUNICATION OR
CONTACT WITH THIRD PARTY PROVIDERS. ANY AND ALL FEE ARRANGEMENTS
ARE STRICTLY BETWEEN MEMBER AND ANY THIRD PARTY PROVIDER
OR ADVERTISER.
Warranties And Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT
BETWEEN YOU AND US, ALL INFORMATION AND SERVICES ON THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
WE ASSUME NO RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH
ARE REFERENCED BY OR LINKED TO THIS SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER
INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION
HEREIN. HOWEVER, WE MAKE NO COMMITMENT TO UPDATE MATERIALS
ON THIS SITE.
Liability Limitations
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE
RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED,
(2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS
INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THIS SITE) WHETHER OR NOT YOU HAVE ADVISED US OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU
FOR ANY DAMAGES, DIRECT OR INDIRECT, EXCEED THE SUM OF
$500.00.
SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold us, and all our
officers, members, managers, directors, owners, agents,
employees, information providers, affiliates, licensors
and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of these Terms,
including, without limitation, our reasonable attorneys'
fees and costs. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right,
at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter
without our written consent.
Security
Currently, we do not require any payments for access to
our Members' Area, and therefore do not protect or secure
credit card or other payment transactions. We may provide
links to Third Party Providers' sites that require such
payments, but we do not accept any liability for the security
of credit card or other data transmitted to such third
parties.
We do not desire to receive confidential
or proprietary information through this Site. Your personal
identifying information will be maintained by us in confidence
under our Privacy Policy.
We do not desire to receive confidential
or proprietary information through this Site. Your personal
identifying information will be maintained by us in accordance
with our Privacy Policy. Any
other information sent to us will be deemed NOT CONFIDENTIAL.
You also agree that we are free to use
any links to additional resources or Third Party Providers,
along with any ideas, concepts, or techniques that you
send to us for any purpose, including, but not limited
to, developing, manufacturing, and marketing products
that incorporate such ideas, concepts, or techniques.
Linking To Our Site
We permit anyone to link to our Site subject to the linker's
compliance with these Terms:
(i) You may link to, but not replicate,
content contained at our Site, except for our Member's
Area, which may not be linked to without our prior written
consent;
(ii) You may not create a border or browser
around content contained in our Site;
(iii) You must not present misleading or
false information about our services or products;
(iv) You may not misrepresent our relationship
with the linker;
(v) You may not imply that we endorse or
sponsor the linker or the linker's services or products;
(vi) You may not use our logos or trade
dress without our prior written permission;
(vii) You may not include any content that
could be construed as obscene, libelous, defamatory, pornographic,
or inappropriate for viewers of all ages;
(viii) You may not include materials that
would violate any U.S. laws, including without limitation
the CAN-SPAM Act;
(ix) You must agree that the link may be
removed at any time upon our request.
Intellectual Property
The information on this Site is protected by copyright.
Except as specifically permitted, no portion of this Site
may be distributed or reproduced by any means, or in any
form, without our prior written permission.
COPYRIGHT NOTICE: Copyright © NetMarkets,
LLC DBA Polaris Media. All rights reserved.
The absence of a name or logo in these
Terms does not constitute a waiver of any intellectual
property rights that we have established in any of our
material, feature, or service names or logos. We reserve
all intellectual property rights, including all copyrights
and trademark rights.
Notices, How To Contact Us
All notices to you required or permitted under these Terms
may be sent to you at the last email address you submitted
to us, or by regular mail to your last-submitted physical
address, if any. You are solely responsible for contacting
us with any changes in your contact details. Notices to
us shall be submitted at service@PolarisMediaCo.com
or by mail at:
Customer Service Manager
Polaris Media
532 La Guardia Place
Suite 439
New York, NY 10012
Email: service@PolarisMediaCo.com
or to such other address as we may provide
at this Site from time to time.
Compliance With Copyright And Other
Laws / DMCA
We do not knowingly provide links to resources, websites
or other materials that violate the copyrights, trademarks,
or other intellectual property rights of third parties.
If you are the owner of such rights, and you object to
the linking or posting of materials on our Site, please
send a notice to the Customer Service Manager at the address
posted above for Notices. Please be as specific as possible
with regard to your claim, and you must cooperate by providing
any additional information we may request. If you do so,
we will investigate your claim promptly, and will disable
or remove links or materials that we believe may violate
the rights of third parties. Similarly, if you are a website
owner and prefer that the Site not include a link to your
site, please notify us and we will promptly remove the
link.
Governing Law, Venue And Jurisdiction
These Terms shall be governed and construed in accordance
with the laws of the State of New York without giving
effect to the conflict of laws principles thereof. Any
controversy or claim arising out of or relating to these
Terms and Conditions, the Privacy Policy, or the breach
thereof, shall be settled by arbitration administered
by the American Arbitration Association in accordance
with its Commercial Arbitration Rules, and judgment on
the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. The arbitrator(s)
will have no authority to award punitive or other damages
not measured by the prevailing party's actual damages,
except as may be required by statute. Any decision rendered
by the arbitrators shall include findings of fact and
conclusions of law. The arbitration shall take place in
New York, New York, and shall be conducted in the English
language. Either party also may, without waiving any remedy
under these Terms and Conditions, seek from any court
having jurisdiction any interim or provisional relief
that is necessary to protect the rights or property of
that party, pending the establishment of the arbitral
tribunal (or pending the arbitral tribunal's determination
of the merits of the controversy).
Severability
If any provision of this agreement shall be held or made
invalid or unenforceable by a court decision, statute,
rule or otherwise, the remaining provisions of this agreement
shall not be affected thereby.
Modifications
We reserve the right to change or modify any provision
of these Terms at any time in its sole and exclusive discretion.
You also may be subject to additional terms and conditions
that may apply when you use Third Party Provider content
or third party software.
Miscellaneous
These Terms constitute the entire agreement between you
and us with respect to the use of the Site or its Content,
any software or service, information, and supersede all
discussions, communications, conversations and agreements
concerning the subject matter hereof.
Our failure to exercise or enforce any right
or provision of these Terms shall not constitute a waiver
of such right or provision. If any provision of the Terms
is found by a court of competent jurisdiction to be invalid
or unenforceable, the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the Terms shall remain in
full force and effect.
The section titles in the Terms are for
convenience only and have no legal or contractual effect.
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