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, Los Angeles, 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).The Pollen Platform allows individuals to sign up to be members (Members, you, your) and promote the sale of tickets, vouchers and other related services (Tickets) and related merchandise (Merchandise) relating to events (Events) organized by participating event organizers (Brands), by participating in campaigns organized by Pollen in exchange for rewards (each a Campaign).
Tickets and Merchandise are available for customers (Customers) to purchase via the Site in accordance with our Customer Terms of Service.
Member Terms of Service
Please read these Member Terms of Service carefully before you start to use the Site. By using the Site, you indicate that you accept these Member Terms of Service and that you agree to abide by them.
We reserve the right to change these Member Terms of Service from time to time.
If you do not agree to be bound by these Member Terms of Service (or any revised terms and conditions) you should notify us immediately, stop accessing the Site and otherwise stop all activity in relation to the Pollen Platform.
ARBITRATION NOTICE. Except for certain kinds of disputes described below, you agree that disputes arising under these Member 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 Section 10 below.)
Pollen is responsible for operating the Pollen Platform and the Site only, organizing Campaigns and managing Members.
Pollen is not responsible for hosting or operating any Events – these remain the responsibility of Brands.
1. Becoming a Member
1.1 To apply to become a Member of Pollen, you must sign up via the online / mobile / social media sign-up process.
1.2 We will receive and promptly consider your application; we will confirm your email / mobile phone number / social media account, and we will notify you if you have or have not been accepted as a Member of Pollen.
1.3 Where you have signed up with an email / mobile phone number, we will provide you with your own unique username and password for your personal account on the Site.
1.4 Where you have signed up via your social media account, you will be able to access our Site using your social media login details.
1.5 We reserve the right to reject any Member application at our sole discretion.
1.6 You must sign up to be a Member in your personal and individual capacity only. You cannot register as a Member if you are acting as a representative for any other person (including an entity) with regard to your activities in connection with the Site, the Pollen Platform, any Brand or any Campaign.
1.7 Members can register one account in respect of each Brand (but no more than one account per Brand) or Members can have one account for all Campaigns, across different Brands.
1.8 There are no fees payable to Pollen’s Members from either Pollen and/or Brands.
1.9 Members have no obligation to participate in any Campaign.
1.10 We are under no obligation to provide you with any Campaigns to participate in nor to continue operating the Site or the Pollen Platform.
1.11 THE SITE, AND THE ABILITY TO BECOME A MEMBER, IS NOT FOR PERSONS UNDER THE AGE OF 18 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY POLLEN. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. By accepting these Member Terms of Service, you confirm that you are at least 18 years of age or more.
1.12 Members must to keep their username and password private and not share their account details with any other person. Members are responsible for all activities that occur under their account (including any unauthorised access or use). You must provide us with true and complete information during the sign-up process. If any information changes, you are required to promptly update your information via your Account page.
1.13 You may not create a false identity or impersonate another person or entity in any way on the Site.
1.14 Members shall immediately notify us if there is, or if they suspect there is, any unauthorized use of their account.
1.15 We will not be responsible or liable for any loss or damage arising from your failure to comply with the requirements of this paragraph 1.
1.16 We reserve the right to refuse anyone an account or terminate anyone's account at any time at our sole discretion.
2.1 When accessing the Site via your mobile, standard network charges apply. You may incur additional charges from your network operator according to your contract.
3.1 Once you are a Member, we may suggest Campaigns that we think you will be interested in, based on the profile information you have provided to us and previous Campaigns you have participated in.
3.2 You are under no obligation to participate in any of our suggested Campaigns.
3.3 You are able to browse the available Campaigns on the Site, and you can contact us at firstname.lastname@example.org if you wish to participate in any Campaign that you are not already participating in.
3.4 Your participation in a Campaign will consist of you promoting the sale of Tickets and Merchandise by providing individual and personalised links to potential Customers; such links allow Customers to buy Tickets and Merchandise via the Site in accordance with our Customer Terms of Service. When a Customer interested in buying a Ticket and/or Merchandise from you, you must first submit a request for Ticket or Merchandise sales to us via the Site. You will (in most instances) instantly receive an individual link for your potential Customer, which you may forward onto your potential Customer. Customers should not pay you directly nor should you buy any Tickets and/or Merchandise on behalf of Customers.
3.5 Customers must buy Tickets and Merchandise via the Site in accordance with our Customer Terms of Service.
3.6 Customers must not pay you directly nor should you buy any Tickets and/or Merchandise on behalf of Customers.
3.7 Each Campaign will have their own unique rewards, discounts or other perks (Rewards) and targets, redeemable against that Campaign only. Wherever possible, details of applicable Rewards will be made available before you sign up to each Campaign.
3.8 Brands may vary Rewards from time to time. These updates will be posted on the Site so please ensure that you regularly check the Rewards for any Campaign that you are participating in.
3.9 The Pollen Platform is primarily aimed at Members and Customers who are over the age of 18. Often Campaigns may specify an age restriction, and this will be clearly marked on a Campaign if applicable. If you choose to market a Campaign at potential Customers who are under 18, we have no responsibility or liability for any inability by the purchasers of age-restricted Tickets and Merchandise to fulfil their purchases and/or who fail to gain entry to an Event. You may not receive a Reward in respect of such sales. We have no responsibility or liability to you for any failure by you to receive your Reward(s) in respect of such sales.
3.10 We (acting reasonably and in good faith) shall make the final decision in any dispute regarding Rewards.
3.11 Once an Event is sold out in respect of a Campaign, you will be notified via your chosen means of communication and you will no longer be able to sell any further Tickets and Merchandise relating to that Campaign.
3.12 You acknowledge that we may from time to time discontinue or cancel Campaigns or your participation in them, and we accept no liability for any loss or damage suffered by you as a result of any such discontinuation or cancellation. Where a Campaign is discontinued or cancelled after a Member has begun promotional activity, we shall use our reasonable efforts to notify such Members promptly. Any Rewards earned by a participating Member pursuant to a discontinued or cancelled Campaign shall be fulfilled to the extent possible.
3.13 Where a Reward is no longer available, we may, in our sole discretion, offer an alternative Reward in its place.
3.14 We may make certain functions on the Site available (including, for example, alerts to inform you when a Campaign is due to expire), but such functions shall be made available on an "as is" basis only and we make no representation or warranty as to the application, accuracy or availability of such functions. We recommend that You keep track of a Campaign’s key dates independently.
3.15 We may provide you with marketing and promotional materials and/or marketing and promotional guidelines in connection with any particular Campaign; however, we are under no obligation to do so, and participating in a Campaign does not guarantee that any materials or guidelines will be provided to you. You are under no obligation to use any materials and/or guidelines provided by us while taking part in any Campaign.
3.16 Your receipt of any Rewards is subject to and conditional upon your compliance with these Member Terms of Service. Any breach of these Member Terms of Service may result in us (at our sole discretion) withholding Rewards from you.
4. Pollen Membership Benefits
4.1 There are several benefits to becoming a Member – click here for further detail.
4.2 Any benefits you receive as a Member are not redeemable nor exchangeable for cash or Rewards.
4.3 Pollen shall be entitled to amend the Member benefits in our sole discretion from time to time.
5. Member’s Conduct
5.1 You represent and warrant that you will not:
5.2. If you breach or fail to comply (or we reasonably suspect that you have breached or failed to comply) with any of the representations and warranties set out in Section 5.1 above, we shall (in our sole discretion) be entitled to suspend and/or terminate your access to the Site and your role as a Member immediately and without notice.
6. Rights and Ownership
6.1 You acknowledge and agree that as between you and us, StreetTeam Software Limited (or its licensors, as applicable) own any and all rights (including intellectual property rights) in or relating to the Brands, Pollen, the Site (including its look and feel, design and architecture and all related software, codes and algorithms), any marketing and promotional materials provided in connection with any Campaign (the Pollen Materials).
6.2 Subject to your complete and ongoing compliance with these Member Terms of Service, Pollen hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Pollen Materials in compliance with the provisions of these Member Terms of Service.
6.3 Pollen trademarks, service marks and logos (the Pollen Trademarks) used and displayed on the Site are StreetTeam Software Limited’s registered and unregistered trademarks or service marks. Other product and service names located on the Site may be trademarks or service marks owned by third parties (the Third-Party Trademarks, and, collectively with Pollen Trademarks, the Trademarks). Except as otherwise permitted by law, you may not use the Trademarks to disparage Pollen or the applicable third-party, Pollen’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.
6.4 You may not use any Trademarks as part of a link to or from any Site without Pollen’s prior express written consent. All goodwill generated from the use of any Pollen Trademark will inure solely to Pollen’s benefit.
6.5 You may not use any Pollen Trademarks or Pollen Materials obtained from the Site except as expressly permitted in these Member Terms of Service.
6.6 Pollen hereby reserves all rights not expressly granted to you in this Section 6. Accordingly, nothing in these Member Terms of Service or on the Site will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Site or any Pollen Materials or Trademarks located or displayed therein. If you use any part of the Site in breach of these Member Terms of Service, we shall suspend and/or terminate your access to the Site and your role as a Member immediately and without notice, and you must, at our option, return or destroy any copies of the materials you have made.
6.7 If you breach or fail to comply (or we suspect that you have breached or failed to comply) with any of the representations and warranties set out in Section 5above,
6.8 Whilst we are continuously working to develop and evaluate our own product ideas and features, we know that 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), the following terms shall apply (regardless of what any accompanying communication may state). Accordingly, by sending any Feedback to us, you agree that:
7.3 You may update your contact preferences at any time by visiting their Notification Settings page in your Member Account.
8. Termination and Suspension
8.1 Without prejudice to any other provisions in these Member Terms of Service, we shall be entitled to terminate your password, account or use of the Pollen Platform or the Site (or any part of it), and remove and discard any content on the Site, for any reason, including if we reasonably believe that you have violated or acted inconsistently with these (or the spirit of these) Member Terms of Service.
8.2 We may also at any time suspend or discontinue the provision of the Pollen Platform or the Site, or any part of it, with or without notice. You agree that any termination of your access to the Pollen Platform and the Site under any provision of these Member Terms of Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any of the facilities provided on or via the Pollen Platform or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Pollen Platform and the Site.
8.3 Termination or suspension pursuant to Sections 1.16, 5.2, 6.6 and/or 8.1 or shall not affect any other rights, remedies or other forms of relief to which we may be entitled to.
8.4. Sections 6.1, 6.3, 6.4, 6.5, 7.2, 8 and 9 will survive the termination of these Member Terms of Service.
9. Limitation of Liability & Indemnity
9.1 To the fullest extent permitted by law, in no event, shall Pollen and our group companies and the officers, directors, employees, shareholders or agents (together, the Pollen Parties) be liable for any indirect, incidental, special or consequential losses or for exemplary damages or for any direct or indirect loss of profits, goodwill, use, data or other such losses, including without limitation any such loss or damages arising out of or in any way connected with:
9.2 To the fullest extent permitted by law, and in any event, our liability to you in relation to any matter arising under or in relation to these Member Terms of Service shall be limited to the lower of the monetary equivalent of the value of any Reward(s) due to you or $50.00.
9.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THE POLLEN PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE, OR THAT THE SITE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO POLLEN PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
9.4 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL POLLEN MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE POLLEN PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
9.5 To the fullest extent permitted by law, we shall not be in breach of these Member Terms of Service nor bear any responsibility or liability for any losses arising out of any delay or failure in the performance of our obligations under these Member Terms of Service due to events beyond our reasonable control including: fire, storm, flood or other Acts of God; war or the threat of war or acts of terrorism or similar; contamination; riot or other manifestation of civil disorder; strike, lockout or other forms of labor difficulties; any act, order, rule or regulation of any court, government agency or public authority; an absence of power or other essential services; failure of technical facilities; failure of the internet; failure or delay of transportation (beyond our reasonable control); non-performance by suppliers and/or sub-contractors arising through no fault of us; and/or any similar or dissimilar cause beyond the reasonable control of us.
9.6 To the fullest extent permitted by law, you agree to indemnify the Pollen Parties 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: (i) any misrepresentation, act, or omission made by you in connection with your use of the Site or your position as a Member or (ii) your breach of these Member Terms of Service.
10. Dispute Resolution and Arbitration
10.1 Generally. In the interest of resolving disputes between you and Pollen in the most expedient and cost effective manner, and except as described in Section 10.2, you and Pollen agree that every dispute arising in connection with these Member 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 Member 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 Terms. 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.
10.2 Exceptions. Despite the provisions of Section 10.1, nothing in these Member 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.
10.3 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 Member 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.
10.4 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, 90021, Los Angeles, CA. 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.
10.5 Fees. If you commence arbitration in accordance with these Member 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.
10.6 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.
10.7 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 account with Pollen will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
10.8 Enforceability. If Section 10.6 is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11.9 will govern any action arising out of or related to these Member Terms of Service.
11.1 Nothing in these terms and conditions will render you an employee, worker, agent or partner of Pollen and you will not hold yourself out as such.
11.2 You will execute such documents and perform such acts as may reasonably be required in order to give full effect to these terms and conditions and the rights expressed to be granted or transferred under these Member Terms of Service.
11.3 You acknowledge and agree that the warranties, disclaimers and limitations in these Member Terms of Service are material terms and that they have been taken into account in the decision by us to provide access to the Pollen Platform and the Site to you.
11.4 You may not assign any of your rights, obligations, duties or privileges hereunder without the prior, written consent of us. Any such assignment shall be invalid in the absence of such consent.
11.5 If any provision of these Member Terms of Service are deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Member Terms of Service, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
11.7 No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
11.8 The headings used in these Member Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Member Terms of Service.
11.9 These Member Terms of Service shall be governed by and construed in accordance with the laws of California, without regards to its conflicts of law provisions. You hereby agree that the state and federal courts located in the Southern District of California shall have exclusive jurisdiction to settle any dispute or claim relating to or arising from these terms and conditions or your use of this Site.