Terms of Service
Polar Rose is an online service which allows you to discover information about people appearing in publicly viewable photos. We welcome you as a user - an explorer - but first ask that you read these Terms of Service and our Privacy Policy to avoid any misunderstandings. We apologize for making these lengthy, but the use of most any information service dictates such precautions as a protection of both user (you) and provider (Polar Rose). So here we go:
By using the Polar Rose web site at www.polarrose.com (the "Web site"), Polar Rose Browser Plugin (the "Plugin"), and Polar Rose API (the "API"), altogether referred to as the Polar Rose Service (the "Service"), you agree to be bound by these Terms of Service (the "Agreement"). If you wish to become a registered user ("User") read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page. If you do not accept these Terms of Service, please do not register for the Service.
This Agreement sets out the legally binding terms of your use of the Service and may be modified by Polar Rose at any time and without prior notice, such modifications to be effective upon publication by Polar Rose at http://info.polarrose.com/terms/.
1. Eligibility
You must be eighteen or over to register as a User of the Service. Use of the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term
This Agreement will remain in full force and effect while you use the Service. You may terminate your User account at any time, for any reason by sending us an email at . Polar Rose may terminate your User account for any reason, at any time. Even after your use of the Service is terminated, this Agreement will remain in effect.
3. Use of Service
Photos and related content such as names, labels, and comments are not to be transferred or copied from the Service for use with any other product or service except where permitted through use of the API. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except for that information which is in the public domain, information submitted by you, or for which you have been given written permission, you may not copy, publish, transmit, distribute, perform, display, reverse engineer, or sell any such proprietary information.
5. Content Posted to the Service
5.1
You understand and agree that Polar Rose without obligation may review and delete any content, labels, comments, photos, names or other descriptions given to photos (collectively, "Content") that in the sole judgment of Polar Rose violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other registered Users or outside parties.
5.2
You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service.
5.3
Polar Rose does not claim ownership of content you submit or make available for inclusion in the Service. You own any data you post, but by posting Content to any public area of Polar Rose, you automatically grant, and you represent and warrant that you have the right to grant, to Polar Rose an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
5.4
The following is a partial list of the kind of Content that is illegal or prohibited on the Service. Polar Rose reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; and
- provides instructional information about illegal activities such as violating someone's privacy;
Though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages from Polar Rose related to such exposure.
5.5
You must use the Service in a manner consistent with any and all applicable laws and regulations.
5.6
You may not transmit any chain letters or junk email to other User of the Service. Although Polar Rose cannot monitor the conduct of its Users off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
6. Copyright Policy
Polar Rose respects the intellectual property of others, and we ask you to do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
7. User Disputes
You are solely responsible for your interactions with other Users. Polar Rose reserves the right, but has no obligation, to monitor disputes between you and other Users.
8. Privacy
Use of the Service is also governed by our Privacy policy.
9. Disclaimers
Polar Rose is not responsible for any incorrect or inaccurate Content posted to the Service or in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. Polar Rose is not responsible for the conduct, whether online or offline, of any User of the Service. Polar Rose assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Under no circumstances will Polar Rose be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on or transmitted by Service, or any interactions between Users of the Service, whether online or offline. The Web site and the Service are provided "AS-IS" and Polar Rose expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Polar Rose cannot guarantee and does not promise any specific results from use of the Service. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by Users from Polar Rose or through or from the service shall create any warranty not expressly stated herein.
10. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Polar Rose be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Polar Rose has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Polar Rose's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Polar Rose for the Service during the term of membership.
11. Disputes
If there is any dispute about or involving the Service, by using the Service, you agree that the dispute will be governed by the law of Sweden without regard to its conflict of law provisions. You agree to personal jurisdiction by the courts of Malmö, Sweden.
12. Indemnity
You agree to indemnify and hold Polar Rose, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13. Other
This Agreement, accepted upon use of the Service, further affirmed by becoming a User of the Service, contains the entire agreement between you and Polar Rose regarding the use of the Service. The failure of Polar Rose to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement at .
Polar Rose is a registered trade mark of Polar Rose AB.
Polar Rose Terms of Service, 18th March 2008
