Term of Use
Updated: August 01, 2021
The Services (defied below) are provided by Polish Pages, Inc. (“Polish Pages”). This is a legal agreement between you and Polish Pages, applicable to your use of the Services.
Here are a few helpful deﬁnitions for understanding this agreement. Throughout this document, when we say:
- “Content”, we mean any information, data, text, creative, video, audio, photographs, images, illustrations, animations, logos, software, scripts, executable ﬁles, graphics, and interactive features, any of which may be submitted to, generated, provided, or otherwise made accessible on or through the Services.
- “Polish Pages”, “we”, or “us”, we mean Polish Pages, Inc., a New York Corporation, collectively with its agents, consultants, employees, oﬃcers, and directors;
- “Services”, we mean the Site along with all the other domains, products, applications, Content, and services to the Polish communities in the United States, including but not limited to business directories, newsletters, advertising and marketing content and materials, website development, web and data analytics, printing services and any other services described on the website, provided by Polish Pages under the Polish Pages brand name, all designed for use in the United States.
- “Site”, we mean the https://polishpages.poland.us/ website.
- “User” or “you”, we mean the individual or the entity that is receives the Services. For purposes of this definition, if an entity registers with Polish Pages for Services, only the individual who registered that entity for the Services shall be considered a “User” or “you” in addition to the Entity.
This Agreement deﬁnes the terms and conditions under which you’re allowed to use the Services. If you have any questions, feel free to send us an email at firstname.lastname@example.org, and we’ll contact you shortly.
Use of the Polish Pages Services
By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Services in a way that violates any laws or regulations. We may refuse Services, suspend or close your account, and change eligibility requirements at any time.
The “Term” begins when you register for the Services and continues until your account is terminated. During the Term, you are considered a “Client”. If you sign up for the Services on behalf of an entity, you represent and warrant that you have the authority to accept this Agreement on the entity’s behalf.
Termination by You
If you choose to terminate your account after paying for Services or after receiving an invoice for Services rendered, you will not receive a refund for any period of time you did not use Services unless you are terminating the Agreement for our breach and have so notiﬁed us in writing.
Termination by Us
Plans and Payments
Payment for Services
You agree to pay Polish Pages any fees for Services you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be charged using the payment method you select. Fees paid by you are non- refundable, except as provided in this Agreement or when required by law.
As long as you’re a Client or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to charge the fees against that credit card. You’ll update expired or incorrect credit card information as needed. Anyone using a credit card on your behalf for this purpose represents and warrants to Polish Pages that he or she is authorized to use that credit card, and that any and all fees may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card to pay for Services, we’ll try to contact you and suspend your account until your payment can be processed.
We may change our fees at any time, provided that we will notify you in advance of any change affecting any Servies you receive, and new rates will only apply to a new period.
You are solely responsible for any and all taxes associated with the sale of the Services, including any related penalties or interest. Payments for Services are not reduced to account for such taxes.
Changes to this Agreement
Proprietary Rights Owned by Us
You will respect our proprietary rights in the Site and the Services (proprietary rights include patents, trademarks, Services marks, and copyrights). Neither your use of our Services nor anything in this Agreement grants you ownership in the Services or content you access through the Services (excluding your Content).
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to duplicate our Services or content, unless laws prohibit those restrictions or you have our written permission. Do not misuse or interfere with our Services.
Proprietary Rights Owned by You
Our Services may allow you to submit Content. You represent and warrant that you either own any content you submit to Polish Pages, have permission to submit it, or that such information is publicly searchable or in the public domain. You also represent and warrant that such information is accurate and that you will promptly inform Polish Pages if any such information is found to be inaccurate. You retain ownership of all pre-existing intellectual property rights in the Content you submit to the Services.
Feedback You Provide Us to Improve Our Services
Any feedback, comments, or suggestions you may provide regarding our Services or related products is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We respect the intellectual property rights of others and expect our users to do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act (“DMCA”).
If copyrighted Content that belongs to you was posted without your permission to our Site or sent through one of our Services, let us know. Please send notice of the alleged infringement to our designated agent at the following address:
Polish Pages, Inc.
Attn: Copyright Agent
224-27 67th Avenue
Oakland Gardens, NY 11364
or by electronic mailing at: email@example.com
Your notice should provide the following information:
(a) an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
(b) the name, address, telephone number, and email address of the copyright owner;
(c) identification of the copyrighted work that is being infringed;
(d) identification of where the infringing material is located on our Site or Services;
(e) a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in your notice is accurate, and you’re authorized to act on behalf of the copyright owner.
This statement must be made under penalty of perjury. By submitting the notice you acknowledge and agree that we may forward the information to the person who uploaded the allegedly infringing material.
If you believe that your removed or disabled Content is not infringing, or that you have the authorization or right to post and use that Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the DMCA (17 U.S.C. § 512(g)(3)). We will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled Content within fourteen (14) calendar days of receiving the counter-notice from us, then we may, in our sole discretion, reinstate the removed or disabled Content.
Intellectual Property Rights
(b) Unauthorized Use of Marks. Using the Services does not give you any rights to use any of our trademarks, service marks, trade dress, trade names, or the like ("Polish Pages Marks") or third-party marks, used in connection with the Services, without express permission from the owner. Although Polish Pages protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of Polish Pages Marks by a third party; accordingly, do not rely upon any third party's use of any Polish Pages Marks in determining whether a third party is affiliated with Polish Pages, as such use may be unauthorized.
Any trademarks that are not owned by Polish Pages that appear in any Polish Pages’ Service are the property of their respective owners, who may or may not be affiliated with or connected to Polish Pages. Polish Pages do not claim in any way to own or infringe any third party’s trademarks when such trademarks are listed in Polish Pages’ business directories or other Services to refer to such third party’s goods or services associated with the trademark, and Polish Pages only uses trademarks legally pursuant to descriptive, comparative, nominative, or other fair use doctrines. Polish Pages respects the trademark rights of third parties and we expect our Users to do the same. We reserve the right to remove, suspend, terminate access, or take other appropriate actions against users or third parties that we believe, in good faith, to be repeat offenders of our policy against infringing trademarked material.
Compliance with Laws
You are responsible for your Content and use of the Services. You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations.
You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, or other laws. If you’re subject to regulations (like HIPAA) and you use our Services, then we won’t be liable if our Services don’t meet those regulatory requirements.
Polish Pages will not use any of your customer information for any other purposes than those related to the Services. In addition, Polish Pages will not use your customer information for the purpose of sending unsolicited commercial email.
Polish Pages strictly prohibits any involvement in unsolicited commercial email campaigns, commonly known as SPAM. You agree to import, access or otherwise use only permission-based lists. Spam is any email sent by you to someone who hasn’t given you their direct permission to contact them on the topic of the email. If you do not have explicit, provable and recent permission (obtained within the last 18 months) to contact recipients with surveys, Polish Pages reserves the right to suspend your access to Polish Pages’ email functionality.
You agree and warrant that (a) you will not engage in any spamming activity in your use of Polish Pages Services and (b) your use of the Polish Pages Services will not violate any U.S or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited e-mail.
Further, you agree that:
(a) You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).
(b) You must not use the Services to send to Clients, Customers or Users any material that link to or display nudity, obscene content, gambling related content, payday lender related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
(c) The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates American or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
(d) You acknowledge that you are responsible for the content you provide to use the Services. Although Polish Pages has no obligation to monitor the content provided by you or your use of the Services, Polish Pages may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
(e) Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email communications do not generate a number of abuse complaints in excess of industry norms. Polish Pages in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
(f) Polish Pages at its own discretion, may immediately suspend your access to or use of the Services without refund if Polish Pages believes in its sole discretion that you have violated any of the email and permission practices listed above.
(g) You hereby agree to indemnify and hold harmless Polish Pages against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services.
You understand and agree that we may cooperate with any governmental authority in connection with any investigation into a user’s use of the Services, including use in contravention of applicable laws, and may disclose any Content, and any other information pertaining to the user or to user’s use to such governmental authority in connection with any such investigation.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW AND EXCEPT FOR WILLFUL MISCONDUCT AND WITH RESPECT TO YOUR OBLIGATION PURSUANT TO SECTION 14, (I) NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, AND (II) EITHER PARTY’S TOTAL LIABILITY FOR ALL CLAIMS MADE RELATING TO THE SERVICES IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICES THE MONTH BEFORE.
WE PROVIDE THE MATERIAL ON THE SITE AND THE SERVICES “AS IS” AND “AS AVAILABLE.” THAT MEANS WE DON’T PROVIDE WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims relating to your use of the Services. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your account did something that, if true, would violate any term in this Agreement.
We are not responsible for the behavior or Content of our Clients, any third parties, including advertisers, linked websites, or other users.
Notice to U.S. Government End Users
(This part will matter to you if you’re affiliated with the U.S. government.) The Services and Site, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:
(a) only as Commercial Items,
(b) with the same rights as all other end users, and
(c) according to this Agreement.
Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Polish Pages, Inc., 224-27 67th Avenue, Oakland Gardens, NY 11364.
You may not assign any of your rights under this Agreement without our consent, which may be withheld in our sole discretion. We may assign our rights to any other individual or entity at our sole discretion.
We are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers or third-party internet Services providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Binding Individual Arbitration, Additional Terms and No Waiver, Notices, Severability, and Entire Agreement.
If it turns out that a particular term is not enforceable, this will not affect any other terms in this Agreement.
Additional Terms and No Waiver
Additional terms may apply to certain features of the Services (the “Additional Terms”). The Additional Terms will be considered incorporated into this Agreement when you activate the feature and accept the Additional Terms. Where there’s a conflict between this Agreement and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
No Changes in Terms at Request of Member
Any notice to you will be effective when we send it to the last email or physical address you provided to us. Any notice to us will be effective when delivered to us: Attn. Legal Notices, Polish Pages, Inc., 224-27 67th Avenue, Oakland Gardens, NY 11364, or any addresses as we may later post on the Site.
Choice of Law
The laws of New York, USA, excluding New York’s conflict of laws rules, will apply to any and all disputes arising out or relating to the Services or this Agreement (“Disputes”).
Binding Individual Arbitration
You and Polish Pages each agree to exclusively arbitrate any and all Disputes. YOU AND POLISH PAGES AGREE THAT ANY DISPUTE AGAINST THE OTHER MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE FOREGOING A JURY TRIAL AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST POLISH PAGES. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and any applicable arbitration rules for expedited procedures for that forum. Consumer claimants (individuals whose use of the Services is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in New York City, NY, or another mutually agreeable location. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, you and Polish Pages will share equally the costs of the arbitration fees. If either party prevails on any claim for which such party is legally entitled to attorney’s fees, such party may recover those fees from the arbitrator. For purposes of this arbitration provision, references to you and Polish Pages also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Polish Pages’ Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and New York, New York, or federal court.
Any rights not expressly granted herein are reserved.
© 2021, Polish Pages, Inc.
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