The following Terms of Use outline your obligations when using Pohela.
- ACCEPTANCE OF TERMS
The web pages available at this site ("Site"), are owned and operated by Pohela, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. Pohela'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Pohela, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- MODIFICATIONS OF TERMS OF USE
Pohela reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Pohela will notify you by updating the date below. What constitutes a "material change" will be determined at Pohela's sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
- DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Pohela may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Pohela performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Pohela may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Pohela may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
- YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Pohela and select a password and screen name ("Pohela User ID"). You shall provide Pohela with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Pohela account. You may not (i) select or use as a Pohela User ID a name of another person with the intent to impersonate that person; (ii) use as a Pohela User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Pohela User ID a name that is otherwise offensive, vulgar or obscene. Pohela reserves the right to refuse registration of, or cancel a Pohela User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Pohela password.
Parts of the Services (such as Marriage) are available only to individuals who are at least 18 years of age. If you do not so qualify, do not attempt to register for or use those Services. Pohela is for your personal use only and may not be used in connection with any commercial endeavors other than as specified by the Services (buy/sell, real estate etc.).
- USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Pohela.
By way of example, and not as a limitation, you agree not to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other Pohela users;
- to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Pohela user;
- to create or submit unwanted email ("Spam") to any other Pohela users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- with the intention of artificially inflating or altering the 'Pohela count', blog count, comments, or any other Pohela service, including by way of creating separate user accounts for the purpose of artificially altering Pohela's services; giving or receiving money or other remuneration in exchange for votes, ratings etc.; or participating in any other organized effort that in any way artificially alters the results of Pohela's services;
- to advertise to, or solicit, any user to buy or sell any products or services other than specified by the Services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- attempt to impersonate another user or person;
- sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "Pohela" ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD PARTY TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.
Pohela may remove any Content and Pohela accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please contact us using the feedback form.
You are solely responsible for your interactions with other users of the Site. Pohela reserves the right, but has no obligation, to monitor disputes between you and other users.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By submitting Content to Pohela, you warrant that you own all rights to the Content, agree that the Content will be available to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by Pohela in any context.
- PRIVACY POLICY
Pohela values your privacy. Pohela shall not share your individual information (e-mail, dob etc.) with any thrid party. Please note that anything you post to Pohela (photos, profile etc.) is available for anyone to view or download.
- INDEMNITY
You will indemnify and hold harmless Pohela, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Pohela User ID, of any intellectual property or other right of any person or entity.
- WARRANTY DISCLAIMERS
You acknowledge that Pohela has no control over, and no duty to take any action regarding: which users gain access to the Site or use 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 Pohela from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Pohela makes no representations concerning any content contained in or accessed through the Site or Services, and Pohela will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL Pohela OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- TERMINATION
Pohela may terminate or suspend any and all Services and your Pohela account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Pohela account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Pohela in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Pohela shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pohela's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Pohela's prior written consent. Pohela may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
- TRADEMARKS
Pohela, and other Pohela graphics, logos, designs, page headers, button icons, source code, scripts, and service names are registered trademarks, trademarks or trade dress of Pohela in the U.S. and/or other countries. Pohela's trademarks and trade dress may NOT be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Pohela icon pack may used by partner and third party sites in connection with providing appropriate "Pohela" links to the Pohela site.
- OTHER
The Terms of Use is ONLY provided in English. It is your responsibility to understand it. If you do not agree with this you may not use Pohela or the Services. If you need any further clarification, please contact us. We are happy to clarify our terms for your specific query.