This agreement contains important provisions including an arbitration provision that requires you and the providers to resolve all disputes by binding arbitration instead of in court unless you choose to opt out of such provision. Please see section 17 titled “dispute resolution by binding arbitration and class action waiver” below. Unless you opt out of the arbitration agreement, you waive your right to trial by jury, and except as permitted by section 17, you will not be able to bring any claims in state or federal court.
As explained in further detail in the sections below, authorization to electronically receive any and all communications (defined below) is a condition of access to and use of the services, meaning that if you revoke your consent to receive such communications electronically you understand that you may not continue to access or use the services.
You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.
Any fees imposed will also be displayed to you before you are charged. P00ls is not responsible for any fees charged by a third party.
We are not responsible for any delays or errors in the provision of the Services.
P00ls reserves all rights in and to the Site and Services and all related intellectual property. “P00ls,” and all associated logos, trademarks or other identifiers displayed within the Site are the sole property of P00ls or its licensors. You acknowledge that, as between you and us, all rights, title, and interest, including all copyright, trademark, patent, trade secret and other intellectual property or proprietary rights, related to the Site (including all modifications, improvements, upgrades, and derivative works thereof) belong exclusively to P00ls. You shall honor and comply with any and all contractual, statutory or common law rights of P00ls, as well as any applicable third parties, arising out of or relating to the provision or use of the Site or Services.
In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
If you believe that any text, graphics, photos, audio, videos, or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
Notices of copyright infringement claims should be sent by mail to: P00ls Inc, 990 Biscayne Boulevard, Suite 701, Miami FL 33132; or by e-mail to firstname.lastname@example.org. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content, or an activity is not infringing the copyrights of others.
Any websites that are accessible via links embedded in the Site that take you away from the Site or browser extensions that may be used while on the site are not within P00ls’ control and we are not responsible for the content, products, services, or terms of any linked website. All such websites are subject to the terms, conditions, policies, and procedures of the owner of such website and not this Agreement. Accordingly, P00ls hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on any such websites accessible through links on the Site. We encourage you to read the applicable terms and conditions to understand your rights and obligations.
P00ls, in its sole discretion, may suspend or terminate your access to or use of the Services, for any reason, including, without limitation, if we receive a facially valid subpoena, court order or other binding order from a government authority requiring us to do so or if we believe you have violated this Agreement, in letter or in spirit. P00ls may also, in its sole discretion, discontinue providing the Services, or any part thereof, with or without notice.
For sake of clarity, P00ls reserves the right to disable or terminate your access to or use of the Services if your account was identified as engaging in behavior such as dumping, hoarding, bot-creation, farming, or speculation that do not comply with our community values. Users of P00ls earn tokens for free to participate in creators’ ecosystems, and we will not tolerate any sign of dumping, hoarding, bot-creation, farming, or speculation.
All provisions of this Agreement which, according to their terms or their nature, should survive termination, including, without limitation, provisions with respect to limitation of liability and disclaimer of warranties, shall survive.
To the fullest extent permitted by law, you agree to indemnify and hold the providers, their affiliates, and their parents, subsidiaries, officers, employees, agents, directors, managers, equity owners, successors and assigns, as applicable, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the services, the violation of this agreement by you, the infringement by you (or anyone accessing the site using your account) of any intellectual property or other right of any person or entity or violation of any applicable law or regulation.
In addition, to the fullest extent permitted by law, P00ls shall not be liable for any indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, even if P00ls has been advised of the possibility of such damages, including damages resulting from (I) the use or the inability to use the services; (II) the cost of procurement of substitute services; or (III) unauthorized access to your account or alteration of your account or data. You specifically agree that p00ls is not responsible or liable to you or anyone else for any loss of, on, or through the site or the services, or for any infringement or violation of your rights by any other party, including but not limited to intellectual property rights, rights of publicity, or rights of privacy. P00ls is not liable for any changes in value in digital currency or fiat currency. The provider’s total liability to you for breach of contract and for any and all other claims (including tort claims) arising out of or in connection with this agreement, the site or the services, shall not exceed the total amount of all payments made by you to the provider hereunder. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to you.
You expressly agree that your use of the site and services are at your sole risk and expense and subject to this agreement, any applicable law, and any additional terms and conditions imposed by any issuer of digital currency or other third party. The site and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement or any other implied warranty under the uniform computer information transactions act as enacted by any state. The provider makes no warranty that the site or services will meet your requirements, or that the site or services will be uninterrupted, timely, secure, or error free. The provider makes no warranty regarding any transactions entered into through the site. No information, whether oral or written, obtained by you from p00ls shall create any warranty not expressly made herein.
Any dispute, controversy, or claim (collectively, “claim”) relating in any way to your use of the company’s services and/or products, including the services, will be resolved by arbitration, including threshold questions of arbitrability of the claim, except as permitted herein. You and the company agree that any claim will be settled by final and binding arbitration, using the English language, administered by jams under its comprehensive arbitration rules and procedures and the jams consumer minimum standards (together, the “jams rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these terms). Arbitration will be handled by a sole arbitrator in accordance with the jams rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the united states) or another location that is reasonably convenient to you.
WAIVER OF CLASS ARBITRATION OR ACTIONS.
Any claims you or we assert under this agreement will be brought on an individual basis and not on a class, consolidated, representative or collective basis. Only individual relief is available for claims covered by this arbitration agreement, and you and we agree that class arbitrations and class actions are not permitted under any circumstances, including that any claims of more than one customer cannot be arbitrated or consolidated with those of another customer or person. You and we agree to give up the ability to participate in any form of class arbitration and/or action. Each party knowingly, voluntarily, and intentionally waives any and all rights it may have to a trial by jury. Any dispute must be initiated within one year after the complaining party discovers the facts that form the basis for the controversy or claim, or it is forever waived.
Payment for any and all reasonable jams filing, administrative and arbitrator fees will be in accordance with the jams rules. If the value of your claim does not exceed $10,000, the company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the jams rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
EXCEPTIONS TO ARBITRATION.
Notwithstanding anything in these terms to the contrary, you may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains only in such court, and your claim remains on an individual, non-representative, and non-class basis. Further, you and the company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the claim relates to intellectual property infringement or misappropriation.
You and we agree that if any portion of this section 17 is found illegal or unenforceable, that portion shall be severed, and the remainder of this section 17 shall be given full force and effect.
You have the right to opt out of the provisions of this section 17 by sending a timely written notice of your decision to opt out to the following address: P00ls inc., 990 Biscayne Blvd, suite #701, Miami, FL 33132 or by email to email@example.com, within 30 days after executing this agreement (as evidenced by your creation of an account). Your notice must include your name and address and a clear statement that you want to opt out of this section 17 of the agreement. If you opt out of this section 17, all other parts of this agreement will continue to apply to you. Opting out of this section 17 will not have any effect on other arbitration agreements that you may currently have with P00ls, or may enter into in the future with P00ls.