Our
intellectual property
We are the
owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks,
service marks, and logos contained therein (the "Marks").
Our Content
and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and around the
world.
The Content
and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal
business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a
non-exclusive, non-transferable, revocable license to: - access the Services;
and
- download or print
a copy of any portion of the Content to which you have properly gained
access,
solely for
your personal, non-commercial use or
internal business purpose.
Except as
set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish
to make any use of the Services, Content, or Marks other than as set out
in this section or elsewhere in our Legal Terms, please address your
request to: contact@poja.io. If we ever
grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright
or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve
all rights not expressly granted to you in and to the Services, Content,
and Marks.
Any breach
of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions and
contributions
Please review this section and the
"PROHIBITED
ACTIVITIES" section carefully prior to using
our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall
own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may
invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or other
material ("Contributions"). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may
be viewable by other users of the Services and possibly through third-party
websites.
When you post Contributions,
you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant
us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into other
works, your Contributions, and to sublicense the licenses granted in this section. Our use
and distribution may occur in any media formats and through any media
channels.
This license includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide.
You are responsible for what
you post or upload: By sending us Submissions and/or posting Contributions through any part of the
Services or making Contributions
accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
- confirm that you have read and agree
with our "PROHIBITED ACTIVITIES" and will not post, send,
publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing,
hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
- to the extent permissible by applicable law,
waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you
have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority
to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your
Submissions and/or Contributions do not constitute confidential
information.
You are solely
responsible for your Submissions and/or
Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party intellectual property rights, or (c) applicable law.
We may
remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If
we remove or edit any such Contributions, we may also suspend or disable
your account and report you to the authorities.
9. SOCIAL MEDIA
As part of the functionality of the Services, you may link your
account with online accounts you have with third-party service providers
(each such account, a "Third-Party
Account") by either: (1)
providing your Third-Party Account login information through the Services;
or (2) allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party Account. By granting us
access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored in your
Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any
friend lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with
the Third-Party Account.
Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set
in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by the third-party
service provider, then Social Network Content may no longer be available
on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes
of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between
the Services and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was
obtained through such Third-Party Account, except the username and profile
picture that become associated with your
account.
10. THIRD-PARTY WEBSITES AND
CONTENT
The Services may contain (or you may be sent via the ) links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging
to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services
or any Third-Party Content
posted on, available through, or installed from the Services, including
the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services
and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products
or services offered on Third-Party Websites and you shall hold us blameless
from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you
or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact
with Third-Party
Websites.
11. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to
place such advertisements, and we have no other relationship with
advertisers.
12.
SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning
of the Services.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and
effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive
redress.
14. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services. We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify
the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection
therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted
following the laws of France, and the use of the
United Nations Convention of Contracts for the International Sales of
Goods is expressly excluded. If your habitual residence is in the EU, and
you are a consumer, you additionally possess the protection provided to
you by obligatory provisions of the law in your country to residence. Poja and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Paris, which means that you may make a claim to
defend your consumer protection rights in regards to these Legal Terms in
France, or in the EU
country in which you reside.
16. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution
and control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or us
(individually, a "Party" and
collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30)
days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
these Legal Terms shall be determined by one arbitrator who will be chosen
in accordance with the Arbitration and Internal Rules of the European
Court of Arbitration being part of the European Centre of Arbitration
having its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this clause
constitutes acceptance. The seat of arbitration shall be Paris, France. The language of the proceedings shall be French. Applicable rules of substantive law shall
be the law of France.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any
other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
17.
CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior
notice.
18. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
19. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR 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 US DURING THE six
(6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree
to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorney's fees and expenses, made by any third party due to or
arising out of: (1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations
and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of
it.
21. USER DATA
We will
maintain
certain data that you transmit to the Services for the purpose of managing
the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any
such
data, and you hereby waive any right of action against us arising from any
such
loss or corruption of such data.
22.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
23.
MISCELLANEOUS
These Legal
Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
24. PRICING
The Services cost USD0.00002 per megabyte of memory used by the
Compute Resources per minute. Compute Resources refer to the virtual
machine, in the sense that it has virtual CPU and virtual memory, on which
the Spring Boot applications run.
We offer a free tier that is materialized by a monthly discount. Though we
do our best to offer this free tier indefinitely, we reserve the right to
stop it any time in which case we warn the User one month in
advance.
25. CONTACT
US
In order to
resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us
at:
Poja
APPARTEMENT 104
6 RUE PAUL LANGEVIN, 94120 FONTENAY-SOUS-BOIS
France
contact@poja.io
9. SOCIAL MEDIA