Input Factory Inc. (“Input Factory,” “we,” or “our) provides a website located at www.polarb.com, including the mobile version of the website, (collectively, the “Site”), software we make available through the Site (if any) (“Site Software”), and software we make available for mobile devices (e.g. iPhone or Android application) (“Mobile Software”) (collectively, the “Service”). The service allows users to create, share and vote on photo polls.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version here. Input Factory may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Site and Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Input Factory, including but not limited to all software and services offered via the Site.
The Service may contain links to third party websites and advertisements that are not owned or controlled by Input Factory. Input Factory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Input Factory will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Input Factory from any and all liability arising from your use of any third-party website.
In order to access some features of the Service, you will have to create an Input Factory account. You may never use another's account without permission. When creating your account, you must provide accurate and truthful information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not use another user’s account or allow another user to use your account. You must notify Input Factory immediately of any breach of security or unauthorized use of your account.
Although Input Factory will not be liable for your losses caused by any unauthorized use of your account or your failure to comply with the above requirements, you may be liable for the losses of Input Factory or others due to such unauthorized use.
Input Factory gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to i) use the Site solely for your personal, non-commercial purposes; ii) install and use Site Software (if Input Factory makes any available) and iii) install and use all Mobile Software solely on your handheld mobile device. Your use of any Mobile Software from the Apple App Store and the Android Market is governed by separate terms and conditions and you agree to all applicable terms of service for the Apple App Store and the Android Market, respectively and as applicable.
Input Factory hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
Input Factory reserves the right to modify, suspend or discontinue any aspect of the Service at any time with or without notice.
As defined above, “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Input Factory is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Input Factory with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Input Factory, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. Input Factory is not obligated to backup any Content and Content may be deleted at any time. You are solely responsible for creating backup copies of your Content if you desire.
As an Input Factory account holder you may submit Content to the Service. You understand that Input Factory does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Input Factory all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. You acknowledge and agree that Input Factory may display advertisements, product and service offers and deals and other information with Content and that you are not entitled to any compensation for such advertisements.
For clarity, you retain ownership of your Content. However, by submitting Content to Input Factory, you hereby grant Input Factory a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Input Factory (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Input Factory all of the license rights granted herein.
Input Factory does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Input Factory expressly disclaims any and all liability in connection with Content. Input Factory does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Input Factory reserves the right (but have no obligation) to review any Content, investigate, and/or take appropriate action in our sole discretion (including the removal of all Content) if properly notified that such Content infringes on another's intellectual property rights. Input Factory reserves the right to remove Content without prior notice.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Input Factory Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
The Content on the Service and all intellectual property rights, including copyrights, patents, trademarks and trade secrets associated with the Service, Site, Site Software and Mobile Software are owned by or licensed to Input Factory or its licensors. Use of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights and such use is governed by Input Factory’s Copyright Policy.
This Agreement will remain in full force and effect while you use the Service, unless otherwise terminated. Input Factory will suspend a user’s rights to use the Service or terminate a user's access to the Service if, under appropriate circumstances and at Input Factory’s sole discretion, the user is determined to be in violation of this Agreement. Any termination of a user’s account involves deletion of the Content associated therewith from our live databases and Input Factory will have no liability in connection therewith.
You agree not to hold Input Factory liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release Input Factory (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Input Factory becomes involved in any resolution or attempted resolution of the dispute. 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." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
At Input Factory’s request, you agree to defend, indemnify and hold harmless Input Factory, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INPUT FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. INPUT FACTORY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. INPUT FACTORY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INPUT FACTORY 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL INPUT FACTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE MAXIMUM LIABILITY OF INPUT FACTORY ARISING OUT OF OR IN ANYWAY CONNECTED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR SERVICES.
This Agreement is made and entered into in the State of California and shall be governed by, interpreted, enforced and construed in all respects in accor¬dance with the laws of the State of California, excluding its conflict of laws rules. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purposes of litigating all such claims or disputes. Notwithstanding the foregoing, Input Factory may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.