Welcome to Politeinpublic.com. These are the terms and conditions, as amended from time to time, that govern use of our website located at www.Politeinpublic.com (“the Website”). The user’s (the “User”) access and use of our Website constitutes the User’s acceptance of these terms and conditions, as amended from time to time (the “User Agreement”).
This User Agreement binds the User until the User has destroyed all Content that the User has downloaded or copied from POLITE IN PUBLIC™. The User is, in addition, bound by this User Agreement whether the User downloaded or copied the Content under the terms of the User Agreement or otherwise.
Ownership of this Website
The Website is owned and operated by Polite in Public, Inc. (“POLITE IN PUBLIC™ “). The text, images and data on the Website are protected by copyright and are subject to other restrictions as set forth in this User Agreement.
Content, including, without limitation, data, images, text, audio or video clips, software, documentation and other information presented on the Website (the “Content”) is owned by POLITE IN PUBLIC™ or its Content providers. All Content is protected by U.S. and international copyright laws. For the protection of POLITE IN PUBLIC™ images may be watermarked and/or digitally watermarked.
All elements of this Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. No portion of this Website or its Content may be copied or retransmitted via any means and this Website, its Content and all related rights shall remain the exclusive property of POLITE IN PUBLIC™ or its Content providers unless otherwise expressly agreed in writing.
Content (including photographic images and all other products) purchased or otherwise acquired by the User via the Website may only be used by the User for personal, non-commercial purposes (i.e., not for re-sale or re-distribution). POLITE IN PUBLIC™ expressly prohibits the use, copying, display, publication, distribution, transmission, modification, reposting or exploitation for commercial or public purposes of any protected Materials on the Website, and permits only the purposes described above.
Although POLITE IN PUBLIC™ uses reasonable efforts to ensure the accuracy of the Content, POLITE IN PUBLIC™ makes no representations or warranties as to the accuracy, correctness, or reliability of the Content. Further, we make no representations or warranties that the functional aspects of our Website will be uninterrupted or error-free. Use of and browsing in the Website are at your risk. Neither POLITE IN PUBLIC™ nor any other party involved in creating, producing, delivering or maintaining the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. As a convenience, the Website may be linked to other websites that may be of interest to you but may not be under our control. POLITE IN PUBLIC™ has not reviewed all of the sites linked to the Website and is not responsible for any content of any linked website. POLITE IN PUBLIC™ provides these links as a convenience only, and a link does not imply endorsement, sponsorship or any affiliation with the linked website. Your linking to any off-site pages or to other websites is at your own risk. The User waives any and all claims against POLITE IN PUBLIC™ regarding the inclusion of links to outside websites or your use of those websites.
Use of the Content
The Website may contain photographs of clothing, fashion collections and trademarks which are protected by intellectual property rights of third parties and which cannot be used or reproduced, in whole or part, without the prior written consent of the owners, or their authorized licensees, of such intellectual property rights. POLITE IN PUBLIC TM assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloading of any Content from the Website.
You acknowledge and understand that POLITE IN PUBLIC™ will make every attempt to distribute the Content you request to the mobile device you designate during the request process. You further acknowledge that POLITE IN PUBLIC™ may not be able to deliver the Content to the designated mobile device due to mobile device incompatibility, the lack of WIFI and/or Internet access available on the designated device, or other elements not within the control of POLITE IN PUBLIC™. You are liable for any Fees incurred by including any additional costs charged by your carrier. Standard usage charges for SMS, MMS and other charges, including third party charges and/or taxes may apply (please check with your carrier). All charges will be billed on your wireless service bill and/or deducted from your prepaid balance.
If you are not the owner of the wireless phone you intend to use for your participation in our services, you should always obtain the permission from the owner before participating. If you are under 18 you should get parental permission and consent.
USER AGREES THAT POLITE IN PUBLIC™ SHALL HAVE NO LIABILITY, FOR THE ACCURACY, TIMELINESS, QUALITY, PERFORMANCE OR FUNCTIONALITY OF POLITEINPUBLIC.COM, THE CONTENT, ANY SERVICE OR PRODUCT OR FOR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE CONTENT, PRODUCTS OR SERVICES. ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.
Limitation of Liability
In no event shall POLITE IN PUBLIC™ or any Content provider be liable to user or anyone else for any incidental, consequential, special or indirect damages (including but not limited to, lost profits or damages that result from inconvenience, delay or loss of the use of the materials, products, or service) arising out of or related to POLITEINPUBLIC.COM, the Content or User Agreement, even if POLITE IN PUBLIC™ or such Content provider has been advised of or is otherwise aware of the possibility of such damages. The maximum aggregate liability of POLITE IN PUBLIC™ for all claims arising out of or relating to the Website , the Content or this User Agreement, regardless of the form or cause of action, shall be the lesser of the amount User originally paid for the service, Content, products or materials or two hundred US Dollars (US $200). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, POLITE IN PUBLIC™’s liability shall be limited to the greatest extent permitted by law. User may not assert any claim or bring any action of any kind relating to or arising out of the User Agreement more then one (1) year after the date of the occurrence of the event associated with the claim or cause of action.
User agrees to indemnify, defend, and hold POLITE IN PUBLIC™, its Content providers, directors, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to User’s use of or operation of the Website. User’s obligations under this Section will survive the termination of any relationship with POLITE IN PUBLIC™ or the Website.
Termination of Access
POLITE IN PUBLIC™ reserves the right to deny or terminate User’s access to or use of this Website, any service, product, or material, or any portion thereof, in POLITE IN PUBLIC™’s sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User’s breach of any provision of the User Agreement. In the event of any such termination by POLITE IN PUBLIC™, POLITE IN PUBLIC™ shall have no liability to User.
Changes to User Agreement
POLITE IN PUBLIC™ reserves the right to change or amend the User Agreement at any time upon prior notice posted on the Website. Continued use of the Website after the posting of such notification, constitutes the User’s consent to the changed or amended terms of the User Agreement.
Unlawful Activities Prohibited
POLITE IN PUBLIC™ makes no representation that the Content, products or services available on this Website are lawful, appropriate or available for use in locations outside the State of California or the USA, and accessing them from jurisdictions where the same or their content is illegal is prohibited. Any User who chooses to access this Website from a location outside the USA does so on User’s own initiative and is responsible for compliance with local laws.
Applicable Law and Jurisdiction
The Website (excluding links to Websites operated by others) is controlled and operated by POLITE IN PUBLIC™ from its offices in and around Los Angeles, California. Although POLITE IN PUBLIC™ has made no effort to publish the Website elsewhere, it is accessible in all fifty U.S. states and in other countries due to its presence on the Worldwide Web. As each of these states and countries have laws which may differ from those of California and from each other, and as you as the User and POLITE IN PUBLIC™ both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing, and/or using the Website User agrees that all matters arising from or relating to the use and operation of the Website will be governed by the laws of the State of California, without regard to its conflict of laws principles. User agrees that all claims User may have arising from or relating to the operation or use of the Website will be heard and resolved in the courts of Los Angeles, California. User consents to personal jurisdiction of such courts over User, stipulates to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If User chooses to access the Website from locations other than Los Angeles, California, User will be responsible for compliance with all local laws of such other locations.
Transmission, distribution or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right or material that is obscene, constitutes an illegal threat or harassment or violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law. If the User uses the Website, the Content, the services or products for any unlawful or illegal purpose, User shall indemnify and hold harmless POLITE IN PUBLIC™ for all losses, costs and expenses incurred by POLITE IN PUBLIC™ as a result of such use.
Unauthorized Services and Functionality
Any action to defeat or disable, or conduct that facilitates defeating or disabling, any functionality of the Website or alters the look, feel or functionality of the Website or user interface is prohibited. This includes, without limitation, altering or blocking the display of any advertisement, banner or other promotional materials appearing on the Website.
Addresses & Notices
User agrees that if POLITE IN PUBLIC™ needs to contact User or send User any written (paper-based) information (such as notices, account statements, or other communications), POLITE IN PUBLIC™ can do so by mail addressed to User at the postal service address in POLITE IN PUBLIC™ ‘s records or, at POLITE IN PUBLIC™ s option, by electronic communication(s) either authorized by User or permitted by law and transmitted by POLITE IN PUBLIC™ to User’s email address in POLITE IN PUBLIC™ ‘s records or by otherwise posting on this Website. Unless the communication states another effective date, any paper-based communication POLITE IN PUBLIC™ sends to User is effective when mailed to User’s postal service address by delivery to the mail service provider, and any electronic communication POLITE IN PUBLIC™ sends to User is effective when transmitted by POLITE IN PUBLIC™ to User’s email service provider. User must notify POLITE IN PUBLIC™ promptly in writing, or by email with written confirmation mailed within five (5) days, if User changes User’s postal service or email address or if User’s email service provider is no longer providing email service for User. In no event shall POLITE IN PUBLIC™ have any responsibility, and User hereby release POLITE IN PUBLIC™ from all claims and liabilities, for any actions or omissions by User or User’s email service provider in handling email to or from User, or for any failure in computer hardware, software, or communications lines not maintained by POLITE IN PUBLIC™ or under POLITE IN PUBLIC™ ‘s control.
Digital Millennium Copyright Act For purposes of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c)(2), POLITE IN PUBLIC™ has designated an agent for notification of claimed infringement as follows: Joseph Miller, POLITE IN PUBLIC, INC., firstname.lastname@example.org. POLITE IN PUBLIC™ provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.
This User Agreement, as amended from time to time, constitutes the sole agreement between POLITE IN PUBLIC™ and User respecting the subject matter hereof and fully supersedes any and all other agreements, either oral or in writing, with respect to the Website and products services or materials under or through this Website. User acknowledges that User has read this User Agreement and understands and accepts its terms.
If any provision of this User Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder of this User Agreement shall remain in full force and effect.
Any failure of POLITE IN PUBLIC™ to enforce any provision of this User Agreement shall not constitute a waiver of any rights under such provision or any other provision of this User Agreement.
Contacting POLITE IN PUBLIC™. If you have any questions about the User Agreement, you can contact us at privacy@Politeinpublic.com.