Terms of Service

These terms were last modified: January 26, 2015.

GENERAL

Welcome to Pollinate Media Group’s website. The following terms (collectively the “Terms of Use”) constitute an agreement between Pollinate Media Group, LLC, a Wyoming LLC (“Pollinate Media Group”, “we”, “our”, “us”) and you governing your access and use of all services, content and functionalities available on the Pollinate Media Group website accessed through the URL www.whoispollinate.com (collectively the “Services”). Your use of the Pollinate Media Group website constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. Pollinate Media Group reserves the right, at any time, to modify, alter or update Services, policies and these Terms of Use.

REGISTRATION

To use some of the Services or features made available to you on Pollinate Media Group website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects, including but not limited to your name and email address. Should any of your registration information change, please notify us immediately at the following e-mail address thecolony@whoispollinate.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Pollinate Media Group immediately of any breach of security or unauthorized use of your account. Although Pollinate Media Group will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Pollinate Media Group’s losses or others due to such unauthorized use. Please refer to our Privacy Policy for information about what information we collect and how we use your data.

PRIVACY

Please review our Privacy Policy, which also governs your use of the Services offered by Pollinate Media Group, to understand our practices.

ELECTRONIC COMMUNICATION

If you send us an email or register to use the Service, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please refer to our Privacy Policy for information as to how to change your personal information or opt out of email communications.

COPYRIGHT

Unless otherwise noted, the design of the Pollinate Media Group website as a whole and all materials that are part of the Pollinate Media Group (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Pollinate Media Group or third parties protected by United States and international copyright laws. All software used by the Services is the property of Pollinate Media Group and protected by United States and international copyright laws.

TRADEMARKS

Pollinate Media Group, Whoispollinate.com, the Pollinate Media Group logo, and other Pollinate Media Group graphics, logos, screen headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Pollinate Media Group in the U.S. and/or other countries. Pollinate Media Group’s trademarks and trade dress may not be used in connection with any product or service that is not Pollinate Media Group’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pollinate Media Group. All other trademarks not owned by Pollinate Media Group that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pollinate Media Group.

PROHIBITED USE

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Service. You agree that any use of the content and materials of the Service for any purpose not expressly permitted in these Terms of Use. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service. You may not introduce to the Services viruses, worms, Trojan horses and/or harmful codes.

INTERACTION WITH THIRD PARTIES

Pollinate Media Group’s website contains connections to third party websites that are not owned or controlled by Pollinate Media Group. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Pollinate Media Group has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Pollinate Media Group will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Pollinate Media Group from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services (including without limitation merchants), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Pollinate Media Group shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants using the Services, or between users and any third party, you understand and agree that Pollinate Media Group is under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE POLLINATE MEDIA GROUP, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

WARRANTY DISCLAIMERS

Pollinate Media Group has no special relationship with or fiduciary duty to you. You acknowledge that Pollinate Media Group has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pollinate Media Group from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Pollinate Media Group makes no representations concerning any content contained in or accessed through the Services, and Pollinate Media Group will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Pollinate Media Group makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Pollinate Media Group or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. Pollinate Media Group makes no warranty that the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through the Services. THE CONTENT AND PRODUCTS OBTAINED THROUGH THE SERVICES, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Pollinate Media Group may provide content features that will allow visitors to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. In such case you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Pollinate Media Group reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Pollinate Media Group a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pollinate Media Group and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pollinate Media Group for all claims resulting from content you supply. Pollinate Media Group has the right but not the obligation to monitor and edit or remove any activity or content. Pollinate Media Group takes no responsibility and assumes no liability for any content posted by you or any third party.

COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

We welcome your comments and feedback regarding our Services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Pollinate Media Group using the Services or otherwise (collectively, “Comments”) are not confidential and will become and remain Pollinate Media Group’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Pollinate Media Group of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

QUESTIONS

If you have any questions or notices of violation of this Agreement, please send an email to thecolony@whoispollinate.com.