PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR CONTENT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Welcome to the Pokeify Site. PPLfy Analytics P Ltd. owns and operates www.Pokeify.com and any mobile, touch or affiliated websites or applications we may have now or in the future that refer to these Terms of Service (collectively, the Site).
Pokeify provides a creation, management, distribution and monetization platform for content creators. When a creator posts content on Pokeify, they are inviting other people to consume and engage with them on the content.
THE SERVICE IS AN ONLINE PLATFORM THROUGH WHICH BRANDS MAY POSTS REQUESTS FOR INTERESTED CREATORS, CREATORS MAY RESPOND TO THE BRANDS, AND BRANDS AND CREATORS MAY ENTER INTO AGREEMENTS. YOU UNDERSTAND AND AGREE THAT Pokeify IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BRANDS AND CREATORS. Pokeify HAS NO CONTROL OVER THE CONDUCT OF BRANDS, CREATORS, AND OTHER USERS OF THE SERVICE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Pokeify reserves the right, at any time, to modify the Platform, Content or this Agreement, by making those modifications available on the Platform or by providing notice to You as specified in this Agreement. Modifications will be effective immediately upon posting on the Platform or such other notice. You may cease using the Platform at any time if you do not agree to any modification. However, You will be deemed to have agreed to such modification through Your continued use of the Platform following such notice.
The Services are intended solely for persons who are 18 or older. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them.
You may be required to establish an account on the Platform (an “Account”) to access an Application and certain portions of the Platform. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your personal use and each Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform or Content through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify Pokeify immediately if any Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You will be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current.
To the Platform
Subject to Your compliance with this Agreement, Pokeify will permit You to access and use the Platform, solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You have entered into with Pokeify
The Platform may allow (a) You to make certain of Your data and information (which may include Your personally identifiable information) available to Marketers, (b) Marketers to solicit Assignments from You, and (c) for Marketers and You to communicate regarding any such Assignments or other matters (in each case, a “Communication”). By accepting or providing a Communication to or from a Marketer, You are agreeing to allow that Marketer to communicate directly with You through the Platform. You agree that You are solely responsible for all Communications between You and any Marketer through the Platform. Your election to share your data and information (which may include Your personally identifiable information) to Marketers, or solicitation or acceptance of an Assignment from a Marketer will serve as Your affirmative “opt in” to the disclosure by Pokeify of Your, data, and information (which may include Your personally identifiable information) to that Marketer.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Service.
In the event we terminate these Terms, or your access to our Services or deactivate or cancel your User Account, you will remain liable for all funds due here under. You may cancel your User Account at any time by contacting us or following the prompts on the Site. Please note that if your User Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
Without limiting Pokeify’s right to terminate this Agreement, Pokeify may also suspend Your access to Your Account and the Platform or Content (including Your Assignments), with or without notice to You, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Pokeify to be inappropriate or detrimental to the Platform, Pokeify, or any other Marketer or Influencer.
- Platform Technology
The Platform, and the databases, software, hardware and other technology used by or on behalf of Pokeify to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of Pokeify. You will not, and will not permit any third party to:
(1) access or attempt to access the Technology except as expressly provided in this Agreement.
(2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology.
(3) use automated scripts to collect information from or otherwise interact with the Technology
(4) alter, modify, reproduce, create derivative works of the Technology
(5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party
(6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology
(7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology
(8) monitor the availability, performance or functionality of the Technology
(9) interfere with the operation or hosting of the Technology
(10) You will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
Your Intellectual Property
We don’t own the stuff you post on Pokeify. But when you post it, you are giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally use this for distribution on your behalf of your content and showcase your content on the network.) You are responsible for the content you post and you are vouching to us that it’s all okay to use.
Pokeify doesn’t own content you submit to us (Your “Content”). But we do need certain licenses from you in order to perform our services. When you submit a content for review, or launch a content, you agree to these terms:
(1). We can use the content you have submitted: You grant to us, and others acting on your behalf, the worldwide, non exclusive, perpetual, irrevocable, royalty free, sub licensable, transferable right to use, exercise commercialize and exploit the copyright, publicity, trademark, and database rights with respect to your content.
(2). When we use the content we can make changes, like editing or translating it: You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of our content.
(3). You won’t submit stuff you don’t hold the copyright for (unless you have permission) Your content will not contain third party copyrighted material or material that is subject to other third party proprietary rights. Unless you have permission from the rightful owner of the material, or you are legally entitled to post the material (and to grant Pokeify all the license rights outlined here).
(4). Any royalties or licensing on your content are your responsibility: You will pay all royalties and other amount owed to any person or entity based on your content, or on Pokeify Hosting on that content on its or any third party portal like Youtube.
(5). You promise that if we use your content, we are not violating anyone’s rights or copyrights: If Pokeify or its user exploit or make use of your submission in the way contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
(6). You are responsible for the stuff you post: All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the content originated.
(7). We are not responsible for any mistakes in your content: Pokeify will not be liable for any error or omission in any content.
Your Intellectual Property
The content on Pokeify is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Pokeify Service are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Pokeify grants you a license to reproduce content from the services for personal use only. This license cover both Pokeify own protected content and user-generated content on this Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable) If you want to use, reproduce, modify, distribute, or store any of this content for commercial purposes, you need prior written permission from Pokeify or the relevant copyright holder. A “Commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
- User Affirmations, Conduct and Use
By using the Service, you represent, warrant and agree to the following:
1. You are at least 18 years of age.
2. You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Service.
3. Nothing that you upload, publish, represent, warrant or transmit using the Site or Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
5. You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.
6. You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
7. You will not access, tamper with, or use non-public areas of the Site or Service, Pokeify’s computer systems, or any third-party provider system.
8. You will not advocate, encourage, or assist any third party in doing any of the foregoing.
Pokeify will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Pokeify may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
You acknowledge that Pokeify has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- Warranties and Disclaimer
We work hard to provide you with great services but we can’t guarantee that everything will always work perfectly. This site is presented as-is, without warranties.
You use our services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
POKEIFY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION(ORAL OR WRITTEN) OBTAINED BY YOU FROM POKEIFY SHALL CREATE ANY WARRANTY.
You hereby agree to indemnify, defend, and hold harmless Pokeify and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your access to or use of the Platform, Content or Technology, any Assignments You provide to the Platform, and any breach by You of this Agreement. Pokeify will provide You with notice of any such claim or allegation, and Pokeify will have the right to participate in the defense of any such claim at its expense.
- Limitation on Liability
To the fullest extent permitted by law, in no event will Pokeify, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages
(a) resulting from your access to, use of, or inability to access or use the services.
(b). for any lost profits, data loss or cost of procurement or substitute goods or services; or
(c). for any conduct of content of any third party on the site, in no event shall Pokeify liability for direct damages be in excess of (in the aggregate) 100 India Rupees (INR 100).
- Proprietary Rights Notice
All trademarks, service marks, logos, trade names and any other proprietary designations of Pokeify used herein are trademarks or registered trademarks of Pokeify. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer these Terms, by operation of law or otherwise, without Pokeify’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Pokeify may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Governing Law and Venue
We are located in India and we would like to handle any dispute with us in India under the Law of India.
We at Pokeify encourage you to contact us if you are having an issue, before resorting to the court. In an unfortunate situation where legal action does arise, these terms (and all other rules, policies or guidelines incorporated by reference) will be governed by and construed in accordance with the law of India. You agree that Pokeify and its services are deemed a passive website that does not give rise to Jurisdiction over Pokeify or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers or shareholders, either specifically or general, in any jurisdiction other than India. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of Pokeify shall be filed only in the India Courts, and You hereby consent and submit to the personal jurisdiction of these courts for the purpose of litigation any such action. You hereby irrevocably waive any right you may have to trial in any dispute, action or proceeding. Before you choose to go to court, the parties can make an effort to resolve the matters through arbitration, the law of arbitration will be of India and location would be (New Delhi) India, or a location suggested by Pokeify.
- Additional Terms
These terms and the other material referenced in them are the entire agreement between you and Pokeify will respect to the Services. They do not supersede all other agreements, between you and Pokeify with respect to the services and govern our future relationship.
If any provision of these terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the terms otherwise will remain in full force and effect and enforceable. The failure of either you or Pokeify to exercise any right provided for in these terms in any way will not be deemed a waiver of any other rights.
These terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Pokeify prior written consent. Pokeify has the right to assign, transfer, or delegate any of its right and obligations under the terms without your consent. Pokeify will provide you notice via email, written notice or by conspicuously posting the notice on our site.
Pokeify is a trademark of PPLFY ANALYTICS PRIVATE LIMITED.