End User License Agreement ("EULA") for Pollen – iOS Platform.
This End-User License Agreement (the "EULA" or "Agreement") governs your ("you" or "your") use of the Pollen mobile app software (the "Software") provided by Curated Ltd. (the "Company") designed to operate on your iPhone, iPad or iPod Touch device. This EULA governs only that Software which may operate on these devices or other computing device manufactured or marketed by Apple, Inc.
BY CLICKING THE "AGREE" BUTTON, OR DOWNLOADING AND INSTALLING, OR USING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION; YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.
Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Company. The most recent version of this Agreement will be available on the Internet at www.pollen.co (the "Website") and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Software at any time and at its sole discretion by posting revisions on the Internet at the Website, which shall constitute notice of such revisions. Your continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Acknowledgement. Company and you, the end-user of the Software, acknowledge that the Agreement is entered into by and between Company and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. Company is solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Incorporation of Apple. Inc. Licensed Software End User License Agreement. This Agreement incorporates by reference the Licensed Software End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the "Software" is considered the "Licensed Software" as defined in the LAEULA and "Company" is considered the "Software Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Allowable Uses of the Software. Any use of the Software in any manner not allowed under this Agreement or the LAEULA, including, without limitation, resale, transfer, modification, reverse engineering, or distribution of the Software is prohibited. This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
Subscription, Free Trial, Billing and Cancellation
Subscription. By downloading, installing or purchasing this mobile app ("App"), you agree to subscribe to the App, which will automatically renew every 30 days. Upon renewal of your subscription, you will be billed the subscription fee unless you cancel before the last day of your current billing period. You may not be notified in advance of each renewal.
Free Trial. From time to time, we may offer free trials for a specified period of time. Company reserves the right, in its sole discretion, to determine your eligibility for a free trial, and to modify or withdraw a free trial at any time without notice or liability. On the first day after the free trial ends, you will be billed the subscription fee on a recurring basis, every 30 days, unless you cancel prior to the end of the free trial period. You may not be notified that your free trial period has ended or that the paying period of your subscription has begun.
Recurring Billing. By subscribing to the App, you authorize payment of the subscription fee at the then current rate, and any other charges you may incur in connection with your use of the App. You acknowledge that the amount billed each billing period may vary for reasons including promotional offers, gift card redemptions and adding subscriptions. You authorize payment of such varying amounts, which may be billed in one or more charges during the billing cycle.
Billing Cycle. You will be billed at the start of the paying period of your subscription and every 30 days thereafter unless you cancel your subscription or we terminate it. You must cancel your subscription before it renews for the next 30-day billing cycle in order to avoid billing of the next cycle's subscription fee. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing or billing cycle.
Price Changes. We reserve the right to change pricing for subscriptions or any components thereof in any manner and at any time as we may determine in our sole discretion. Subject to these Terms, any price changes will take effect following notice to you.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND NO REFUNDS OR CREDITS WILL BE GIVEN FOR PARTIAL OR INCOMPLETE USE. We reserve the right, in our sole discretion, to provide refunds, discounts or credits to subscribers on one or more instances without obligation to do so in the future.
Cancellation. You may cancel your subscription at any time by logging into your account and following the instructions for cancellation. Cancellation will become effective at the end of your current billing period. You will not receive a refund or credit for your current billing period. After cancellation, you may continue to access the App for the remainder of your current billing period.
Company may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Software will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.
Third Party Materials. The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. Once you choose to link to another site, you should read and understand that site's privacy statement before disclosing any personal information.
Your Acceptable Use. Use of the Software and any of your information or content collected, transmitted or stored in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company's proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company's website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company's computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that you remove the Software from your Mobile Device for any reason, including, but not limited to, Company's reasonable conclusion that you have violated this Agreement.
Content You Post.
Content you post via the Software may appear on other user's devices. You are responsible for all content that you post through or download from the Software. You may not post content that:
Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn't mean you can use it without permission);
Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;
You know to be inaccurate;
Is pornographic, sexually explicit, or obscene;
Exploits children or minors;
Violates the rights of privacy or publicity of any person;
Is harassing, libelous, slanderous, or defamatory;
Contains any personally identifying information about any person without their consent or about any person who is a minor;
May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;
Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;
Is off topic;
Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;
Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;
Violates any local, state, federal, and/or international laws or regulations;
Promotes or provides instructional information about illegal or illicit activities;
Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,
Is intended to overwhelm, cause technical disruptions of or denial of service to Company's servers.
Company may remove any content that violates these Terms or that Company determines is otherwise not appropriate in Company's sole discretion.
By posting or transmitting content on or through the Software, you
represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by Company and this Agreement,
you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent's or legal guardian's express consent to submit content;
agree to and do hereby grant Company and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Software for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Company a license to use your user name in connection with Company's use of any content you provide to Company. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be nonconfidential.
Reservation of Rights. You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SOFTWARE, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY WEBSITE THAT THE SOFTWARE MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, UPGRADES, OR UPDATES (AND ANY COPIES OF THE SAME), SUPPORT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees and costs) that arise from your use or misuse of the Software, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.
Intellectual Property Rights. You and Company acknowledge that, in the event of any third party claim that the Software or your use of the Software infringes any third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the Software or to use a noninfringing version of the Software should Company choose to provide you with such a non-infringing version.
Product Claims. You acknowledge that Company, not Apple, Inc., is responsible for addressing any claims of the end-user or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.
Contact Information. Should you wish to contact Company with any questions, complaints or claims with respect to the Software, email Company at firstname.lastname@example.org.
Proprietary Nature of Software and Trademarks. Company owns or is licensed to use the Software and any and all trademarks, service marks and content included in the Software. The Software may incorporate trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owners. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to you through the Software.
Third Party Terms of Agreement. You agree to comply with all applicable third party terms of agreement when using the Software.
Governing Law. In order to assure consistency in the interpretation of this agreement, this Agreement is governed exclusively by the laws of the State of California, without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is Los Angeles, California, USA. You consent to the exclusive venue and personal and subject matter jurisdiction in the courts of Los Angeles County, California and the District Court in Los Angeles County, California.
Waiver/Severability. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement.
Assignment. Except to the extent such rights cannot be restricted by applicable law, you shall not assign, sublicense, convey or transfer (collectively, "Assign") this Agreement (whether by contract, merger or operation of law) without the prior written consent of Company, and any such attempt by you to Assign any rights, duties, or obligations hereunder shall have no power or effect, and is subject to Company's right to immediately terminate this Agreement.
Arbitration. Any dispute, claim or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules ("Rules") of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person's claims with your or Company's claims, and may not otherwise preside over any form of a class or representative proceeding.
Entire Agreement; Modifications. This Agreement comprises the entire agreement between you and Company, and supersedes any other agreement or discussion, oral or written, with respect to the subject matter of this Agreement, and may not be changed except by a written agreement signed in hardcopy form by both parties. There shall be no application of any rule of construction of this Agreement against the drafter as you have had an opportunity to have this Agreement reviewed by your counsel.
Effective Date: November 5, 2015
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this Policy. This Policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Children under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Info@pollen.co.
Information We Collect and How We Collect It
We may collect information from and about users of the App directly from you when you provide it to us and/or automatically when you use the App.
Information You Provide to Us.
When you download, register with or use this App, we may ask you provide information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline ("personal information"), or that is about you but individually does not identify you.
This information includes: (i) Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App; (ii) records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us; (iii) Your responses to surveys that we might ask you to complete for research purposes; (iv) Details of transactions you carry out through the App and of the fulfillment of your orders (note that you may be required to provide financial information before placing an order through the App); (v) Your search queries on the App; and (vi) Your appearance at events where you use a QR code at the event location to indicate to us that you attended the event. You may be able to access features of the App by using your Facebook or other social media accounts. Your privacy settings on your Facebook or other social media accounts, as well as the social media companies' respective privacy policies, will determine the personal and other information that may be shared with us when you access the App.
You may be able to provide information to be published or displayed ("Posts" or "Posted") on public areas of websites you access through the App (collectively, "User Contributions"). Your User Contributions and Posts may be transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection And Tracking.
When you download, access and use the App, it may use technology to automatically collect certain information, including but not limited to:
· Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
· Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.
· Stored Information and Files. The App also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
· Location Information. This App may collect real-time information about the location of your device.
We also may use technologies to collect information about your usage of the App over time. We do not respond to web browser "do not track" signals.
Information Collection And Tracking Technologies. The technologies we use for automatic information collection may include:
· Cookies. A cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting you may be unable to access certain parts of our App.
· Web Beacons. Pages of the App or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.
These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services or websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
· Provide you with the App and its contents, and any other information, products or services that you request from us.
· Fulfill any other purpose for which you provide it.
· Give you notices about your account or subscription, including expiration and renewal notices.
· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our App according to your individual interests.
· Speed up your searches.
· Recognize you when you use the App.
We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers' target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated and de-identified information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:
· To our subsidiaries and affiliates.
· To contractors, service providers, content providers, and other third parties we use to support our business.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our App users is among the assets transferred.
· To third parties to personalize services and products offered to you.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
· To comply with any court order, law or legal process, including to respond to any government or regulatory request.
· If we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Accessing, Correcting and Deleting Your Information
You may review and change your personal information by logging into the App and visiting your account profile page. You can request and obtain removal of your Posts and User Contributions by emailing Info@pollen.co with your request and specifying the particular Post or User Contribution you seek to remove. We may not accommodate a request to change or delete any information if we believe such action would violate any law or legal requirement or cause the information to be incorrect. Removal of your Posts or User Contributions from the App does not ensure complete or comprehensive removal of such Posts or User Contributions from the App as copies may remain viewable in cached and archived pages, or might have been copied or stored by other App users. You can unsubscribe from any newsletters or various promotional emails at any time by clicking on the "unsubscribe" links provided in such communications. You may not opt out of App-related communications, such as account verification, purchase confirmations and administrative messages, so long as you are registered with the App. As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
Social Media Plug-ins
Processing Your Information
The App is hosted in the United States. Your use of the App from the European Union or any other place in the world means you agree to transfer, store and process your personal information to and in the United States, which laws may not provide the same level of protection of those in your country. We may limit the availability of the App or any service or product described in the App to any person or geographic area at any time. If you choose to access the App from outside the United States, you do so at your own risk.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at Info@pollen.co.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the App, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Changes to Our Policy
We may update our Policy from time to time. Non-material changes will take effect immediately. If we make material changes, we will notify you by email (at the email address you have provided to us) or through notice on www.Pollen.co, and will also indicate as much at the top of this page. Material changes will take effect 30 days after such notice. We encourage you to review this Policy at least every 30 days to check for material changes.
Intellectual Property Rights Policy; DMCA Notification
We respect the rights of intellectual property holders. If you believe that any content on the App violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the App (including the exact URL);
An address, a telephone number, and an e-mail address where we can contact you;
A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and
Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Curated Inc. designated agent listed below.
Legal Affairs, Curated Inc. Suite 1045, 1600 Vine Street, Hollywood, Los Angeles, CA, 90028, Email:email@example.com.
We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the App more than twice.
Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at Curated Inc., Attn: Suite 1045, 1600 Vine Street, Hollywood, Los Angeles, CA, 90028, U.S.A or email us at Info@pollen.co We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.
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