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Terms of Use

LAST UPDATED NOVEMBER 9, 2020


ABOUT US

We are Pollen (which is the d/b/a of StreetTeam Software LLC, a Delaware limited liability company with its principal offices at 767 S Alameda Street, Suite #300, Los Angeles, CA 90021, USA) (referred to as Pollen, we, us, our).

TERMS OF USE

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website (www. pollen.co) and its related mobile app (together, our site). Use of our site includes accessing and browsing to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to our Privacy Policy and Cookies Policy, which also apply to your use of our site.

Our Privacy Policy and Cookies Policy set out the terms on which we process any personal data we collect from you, or that you provide to us, and sets out information about the cookies on our site.

Please note that other applicable terms, such as our Customer Terms of Service and/or Member Terms of Service may also apply to you.

CHANGES TO THESE TERMS OF USE

We may occasionally update these terms of use.

When we do, we will revise the “last updated” date at the top of the Terms of Use.  Please ensure that you frequently check this Terms of Use for any updates.

However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

CHANGES TO OUR SITE

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.

We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. To the extent we process any data submitted by you, we will process that data in compliance with the appropriate data protection legislation then in force.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

Our parent company, StreetTeam Software Limited, is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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.

StreetTeam Software Limited’s status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from StreetTeam Software Limited or its licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

TRADEMARKS

The Pollen name, the Pollen logo and all related names, logos, product and service names, designs, and slogans are trademarks of StreetTeam Software Limited. You must not use such marks without the prior written permission of StreetTeam Software Limited. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.

NO RELIANCE ON INFORMATION

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL POLLEN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack, or in any other way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please email support@pollen.co.

THIRD PARTY LINKS AND RESOURCES ON OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

GEOGRAPHIC RESTRICTIONS

We provide this site for use only by persons located in the United States and Canada. We make no claims that the site or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the site from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

APPLICABLE LAW AND JURISDICTION

All matters relating to the site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.