LAST UPDATED NOVEMBER 9, 2020
We are Pollen (which is the d/b/a of StreetTeam Software LLC, a Delaware limited liability company with offices at 767 S Alameda Street Suite #300 CA 90021, USA) (referred to as Pollen, we, us, our).
StreetTeam Software Limited owns the Pollen promotion network platform (Pollen Platform) which is operated through this site and its related mobile app (together, the Site).
Customer Terms of Service
We are not responsible for hosting or operating any Events – these remain the responsibility of Event organizers (Event Organizers). If you have purchased a Trip, please click here to see additional terms of service that apply.
We reserve the right to change these Customer Terms of Service from time to time. If you do not agree to be bound by these Customer Terms of Service (or any revised terms and conditions) you must immediately stop accessing the Site and otherwise stop all activity in relation to the Pollen Platform.
Except for certain kinds of disputes described below, you agree that disputes arising under these Customer Terms of Service will be resolved by binding, individual arbitration, and BY ACCEPTING THESE MEMBER TERMS OF SERVICE, YOU AND POLLEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See the “Dispute Resolution and Arbitration” Section below).
1. TERMS OF SERVICE AND OUR ROLE
1.1 Each Event Organizer authorizes us as its commercial agent to conclude the sale of its Tickets and Merchandise on that Event Organizer’s behalf via the Site, to promote such Tickets and Merchandise via the Site and Members, and to deliver or arrange delivery of such Tickets and Merchandise to buyers. In this limited capacity, we are neither the buyer nor the seller (or reseller) of the Tickets or Merchandise that the Event Organizer offers for sale. We are not your agent for any purpose, and we are not a party to any Ticket or the sales contract relating to the Ticket or Merchandise.
1.2 We are only responsible for operating the Pollen Platform and the Site, for managing our Members, promoting Tickets and Merchandise via the Site and Members and concluding the sale and delivery of Tickets and Merchandise. We are not responsible for running Events, or for agreeing or performing any obligations under the terms of any Tickets or Event terms provided by Event Organizers that apply to you in relation to a specific Event (Event Terms). There may be additional Event Terms provided by Event Organizers that apply to you. In the event of any conflict between these Customer Terms of Service and any Event Terms, these Customer Terms of Service shall prevail.
1.3 The Event Organizer is the seller of record for all sales via the Site, but you pay us via the Site for any Ticket(s) and/or Merchandise that you purchase. Your obligation to pay for any Ticket and/or Merchandise is satisfied when you properly pay us for the item(s) via the Site. Because we conclude the sale on behalf of the Event Organizer and your payment to us satisfies your obligation to pay for the items you purchase from the Event Organizer, our name will appear on your payment card statement (which may also display the Event Organizer’s name). We will dispatch or arrange for the dispatch of the item(s) you have purchased after receiving our notification of your order. You may only pay for an item via the Site and the Event Organizer must not invoice you outside the Site.
1.4 You must contact us via firstname.lastname@example.org if you need to request a refund. We may in our sole discretion investigate or decline to process any transaction involving any item purchased via the Site. We do not charge you any fee for the Site, we charge Event Organizers for acting on their behalf in the limited capacity described above. Except as otherwise expressly provided in these Customer Terms of Service, we are not the agent, intermediary or other representative of the Event Organizer. We are not a fiduciary or trustee of the Event Organizers. Nothing in these Customer Terms of Service is intended to confer any benefit or entitlement on any person other than you and the Event Organizer.
2. AVAILABILITY OF THE PLATFORM
2.1 Although we endeavour to provide you with the best service possible, we do not guarantee that the Site will be uninterrupted or error-free all of the time, and we are not responsible for any losses arising from such errors or interruptions. If you notice an error, please contact us.
2.2 In particular, your access to the Site may be restricted at any time to allow for repairs, maintenance, improvement or for other reasons. We will endeavour to restore the Site's availability as soon as we reasonably can.
2.3 In the event that the Site is unavailable and you have any queries relating to new or existing Orders, please contact us on email@example.com
3. INTELLECTUAL PROPERTY RIGHTS
3.1 StreetTeam Software Limited is the owner or the licensee of all intellectual property rights in and to the Site, and in the material published on it. Those works are protected by copyright laws and treaties. All such rights are reserved to StreetTeam Software Limited and its licensors. As a visitor to the Site, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent.
3.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. In addition, you may not display the contents of the Site surrounded or framed or otherwise surrounded by material not originating from us without our consent.
3.3 StreetTeam Software Limited 's status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.4 If you print off, copy or download any part of the Site in breach of these Customer Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. ACCEPTABLE USE
4.1 You may use the Site only for lawful purposes. You may not use the Site:
4.2 You also agree not to access without authority, interfere with, damage or disrupt:
5. CHILDREN AND YOUNG PEOPLE
By accepting these Customer Terms of Service, you confirm that you are at least 16 years of age or more. Our Site is primarily aimed at users who are over the age of 18. We take no responsibility or liability for Links provided as a result of interactions with Members which relate to age-restricted Tickets or Merchandise.
6. PURCHASE OF TICKETS AND MERCHANDISE
In order to purchase Tickets or Merchandise you must have received a Link from us following an interaction with a Member. Once you have received a Link from us, you will be able to access the Site to place orders for Tickets and Merchandise (Orders). Links that have been sent to you will expire after a certain time (to be determined by us from time to time) and either we or Members may cancel such Links at any time. Links sent relate to a request for Tickets and/or Merchandise and do not reserve any such Tickets or Merchandise. The information in the Link and all sales are subject to availability, changes in price and cancellation.
The following clause 6.1 relates to the purchase of Tickets using the Site. Depending on the Event to which such Tickets relate, the Event Organizer may have their own Event Terms relating to purchase, delivery and refunds, or purchases may be made via a third-party ticket seller. If applicable, please read such additional Event Terms carefully.
6.1 Purchase of Tickets
6.2 Purchase of Merchandise
While we take every care to ensure that the information on the Site is accurate and complete, some of it, including (but not limited to) information about Events and Merchandise, is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it.
8. LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. COMPETITIONS AND VOTES
From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers via the Site. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.
10. ACCESS CHARGES
You shall (at your own cost) be solely responsible for the provision of all equipment, software, systems and telecommunications facilities which are required to enable you to receive and access the Site.
We may revise these Customer Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Customer Terms of Service may also be superseded by provisions or notices published elsewhere on the Site.
To the fullest extent permitted by law, you agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
12.1 any misrepresentation, act or omission made by you in connection with your use of the Service;
12.2 any non-compliance by you with these Customer Terms of Service; or
12.3 any claims brought by third parties arising from or related to your access or use of the Site or other information made available by you to the Site.
13.1 While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending Pollen or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials (collectively Feedback), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Pollen, you agree to the following:
You may terminate these Customer Terms of Service by sending written notification to Pollen pursuant to the contact information set forth below, deleting the Site from your mobile device and terminating all other uses of the Site. Pollen reserves the right, in its sole discretion, to restrict, suspend or terminate these Customer Terms of Service and your access to all or any part of the Site at any time without prior notice or liability if you breach any provision of these Customer Terms of Service or violate any third party intellectual property rights. Pollen may further terminate these Customer Terms of Service immediately for any other reason with or without notice to you, using the email address associated with your account credentials. Pollen reserves the right to change, suspend or discontinue all or any part of the Site at any time without prior notice or liability.
1.1 Sections 2.1, 3.1, 3.2, 3.4, 3.5, 7, 8, 12, 13, 14.2, and 18 will survive termination of these Customer Terms of Service.
16. GOVERNING LAW
These Customer Terms of Service are governed by the laws of the State of California without regard to conflict of law principles. You and Pollen submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Southern District of California for resolution of any lawsuit or court proceeding permitted under these Customer Terms of Service.
17. ADDITIONAL TERMS
Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Customer Terms of Service.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
19. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
20. NO SUPPORT
We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
21. NO WARRANTIES
A. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Pollen DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Pollen DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Pollen DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
B. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Pollen ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING Pollen OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER MEMBER, BRAND MANAGER, OR OTHER INDIVIDUAL, INCLUDING, TO AVOID DOUBT, YOUR SAFETY AT ANY EVENT. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
C. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALTHOUGH POLLEN PROVIDES INFORMATION ABOUT VARIOUS EVENTS ON THE SITE, POLLEN DOES NOT RECOMMEND ANY OF THE EVENTS AND DOES NOT PROVIDE THE EVENTS. FURTHER, POLLEN DOES NOT AND CANNOT GUARANTEE THAT ITS IDENTITY VERIFICATION PROCESSES (WHETHER OF POLLEN MEMBERS OR BRAND MANAGES) ARE ACCURATE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, POLLEN DISCLAIMS ANY LIABILITY ARISING OUT OF A POLLEN’S FAILURE TO ACCURATELY VERIFY THE IDENTITY OF A POLLEN MEMBER OR BRAND MANAGER. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS’ PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SITE.
D. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
E. Pollen does not disclaim any warranty or other right that Pollen is prohibited from disclaiming under applicable law.
22. LIMITATION OF LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Pollen BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Pollen ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
B. TO THE FULLEST EXTENT PERMITTED BY LAW, POLLEN WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF AN EVENT.
C. EXCEPT AS PROVIDED IN THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION” AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF POLLEN TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO POLLEN FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
D. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS “LIMITATION OF LIABILITY” SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
23. DISPUTE RESOLUTION AND ARBITRATION
A. Generally. In the interest of resolving disputes between you and Pollen in the most expedient and cost effective manner, and except as described in sub-section B of this Section, you and Pollen agree that every dispute arising in connection with these Customer Terms of Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Customer Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Customer Terms of Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND POLLEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Despite the provisions of sub-section A of this Section, nothing in these Customer Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Pollen will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (collectively, AAA Rules) as modified by these Customer Terms of Service. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Pollen. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (Notice of Arbitration). Pollen’s address for Notice is: 767 S Alameda Street Suite #300, CA 90021. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Pollen may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Pollen must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Pollen in settlement of the dispute prior to the award, Pollen will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
E. Fees. If you commence arbitration in accordance with these Customer Terms of Service, Pollen will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, CA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Pollen for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
F. No Class Actions. YOU AND POLLEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pollen agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
G. Modifications to this Arbitration Provision. If Pollen makes any future change to this arbitration provision, other than a change to Pollen’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Pollen address for Notice of Arbitration, in which case your agreement with Pollen will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
H. Enforceability. If subs-section F of this Section is found to be unenforceable or if the entirety of this “Dispute Resolution and Arbitration” Section is found to be unenforceable, then the entirety of this “Dispute Resolution and Arbitration” Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” Section will govern any action arising out of or related to these Customer Terms of Service.