Effective Date: February 1, 2020
This is a legal engagement which sets out the terms and conditions by which Poet Tree Poetry will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’. The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to Poet Tree Poetry and/or our affiliates, assignees, successors and/or brands.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE AND/OR APP. THROUGH YOUR USE OF THE WEBSITE AND/OR APP, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE AND APP. POET TREE POETRY RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT POET TREE POETRY MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE AFTER A CHANGE IN ITS EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.
If you do not agree with any of these Terms, you are thereby prohibited from using or accessing this Site, which is solely provided for the user’s individual benefit. In order to use the functionalities and services provided, you will need to register for an account with us, thereby disclosing certain proprietary information, along with personally identifiable information.
The Poet Tree Poetry App and the www.poettreepoetry.com Website contain potentially suggestive content and may only be used or accessed by an individual of age thirteen (13) or over. You warrant that you are age thirteen (13) or over, that you are of sound mind and competent to agree to the terms of this Agreement, and that your use of the App/Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live.
In compliance with the terms of the Children’s Online Privacy Protection Act (‘COPPA’), Poet Tree Poetry does not knowingly collect or disclose any kind of information from any person under the age of thirteen (13), and will delete any related information thereto. All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If you are accessing the App/Website on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent of said organization or entity and that you have the authority to bind said organization or entity to the terms of this Agreement.
You understand that the App/Website provide content and services that may be suggestive in nature. By using the App/Website, you warrant that you are aware of the nature of the potential content displayed on the App/Website, that you access the App/Website on your own volition, and that the App/Website does not constitute obscenity pursuant to the contemporary community standards of your jurisdiction.
- Ownership of Content and Intellectual Property
Poet Tree Poetry is the owner of all rights in, and to, the App, Website and their associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The App and Website are subject to copyright and other intellectual property rights under the law of the United States, foreign states, and international treaties, and Poet Tree Poetry provides you with the right to use the App and Website on a limited basis. You are expressly prohibited from using the App and Website for any purposes not stated in this Agreement.
Poet Tree Poetry hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the App and Website for their customary and intended purposes. Use of the App and Website for a use outside of their customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Poet Tree Poetry.
You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the App and Website, whether in whole or in part, without the prior written consent of Poet Tree Poetry or if you are the original creator of the content that you are using. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Poet Tree Poetry’s robots.txt file.
Poet Tree Poetry is the owner of the POET TREE POETRY mark, which is a registered or common law trademark, design mark, and trade name. Poet Tree Poetry is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the App and Website, which constitutes the trade dress of Poet Tree Poetry. You are prohibited from using Poet Tree Poetry’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a Website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services.
All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the App and Website are the property of their respective owners.
- User-Generated Content
Poet Tree Poetry may provide you with the ability to upload or transmit user-generated content to or through the App and Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively "User-Generated Content"). Except as otherwise provided herein, you warrant that you own all rights in and to your User-Generated Content.
By submitting User Generated Content to the Website, you grant Poet Tree Poetry a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the App and Website. These purposes may include, but are not limited to, providing you or third parties with the App, Website or its associated services and archiving or making backups of the App and Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the App and Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.
You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
Communications in the chat room or public areas of the App and Website are not private. You acknowledge and agree that all messages or content posted by you or others in any chat rooms or public areas which may be provided on the App and Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the App and Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this App and Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
Poet Tree Poetry assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the App and Website for inappropriate content or conduct. Although we attempt to monitor all User Content, we simply cannot monitor everything posted. Your use of the Poet Tree Poetry is, therefore at your own risk. By using Poet Tree Poetry, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with Poet Tree Poetry. At our discretion, our representatives or technology may monitor and/or record your interaction with Poet Tree Poetry or communications (including without limitation chat text) when you are using Poet Tree Poetry.
Poet Tree Poetry may now or in the future include various forums, blogs and chat features where you can post User Content. Poet Tree Poetry cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Poet Tree Poetry Website or App. Poet Tree Poetry shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
Content submitted to App/Website may be moderator approved so there can be time before the content goes live but once it is, then the user can delete their uploaded content by making moderator request with site feedback form.
- Registered Accounts
In order to obtain access to additional features or areas of the App and Website, you may be required to register an account ("Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Poet Tree Poetry with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Poet Tree Poetry. By creating an Account, you agree that Poet Tree Poetry may contact you by any available means, including, but not limited to, by email.
Poet Tree Poetry reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.
- Authorization and Permission to Communicate with You
You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to you from Poet Tree Poetry and from Website affiliates, Website Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter.
At any time, you may opt out of future e-mailings and cancel your receipt of e-mails from Poet Tree Poetry by clicking the unsubscribe link at the e-mail advertisement sent to You by Poet Tree Poetry.
- Copyright and Licenses
Users warrant that any User-Generated Content uploaded or transmitted through Poet Tree Poetry are owned by the user or have the appropriate rights to use in such a manner. The copyright of all content uploaded by users is retrained by the users. By offering User-Generated Content through the App and/or Website, users grant Poet Tree Poetry a limited, non-exclusive, worldwide, perpetual, sublicensable, assignable, non-revocable, and royalty-free license to reproduce, prepare derivative works of, distribute copies of, perform publicly, display publicly, and transmit by means of a digital audio transmission the User-Generated Content for the customary and intended purposes of the App/Website, including, but not limited to, for the access and viewing of the content by third party members. Users warrant that their content will not: (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.
By uploading or transmitting User-Generated Content, Users expressly waive their rights to publicity and privacy with respect to the content. Poet Tree Poetry will provide users with the ability to limit the scope of the license granted to a third party members, and content-providers are advised to take advantage of this ability to ensure that the license granted to other members conforms to uploading user’s desires and expectations.
Users agree to hold harmless, defend, and indemnify Poet Tree Poetry from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to: (1) the creation or use of an Account; (2) the uploading or transmitting of User-Generated Content; (3) the violation of any term or condition of this Agreement; (4) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Users’ obligation to defend Poet Tree Poetry will not provide Users with the ability or right to control Poet Tree Poetry’s defense, and Poet Tree Poetry reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.
- Control of Operations
Poet Tree Poetry reserves the right to accept, reject, modify, suspend, or delete any User or User-Generated Content at any time and within its sole and absolute discretion.
Poet Tree Poetry reserves the right to modify or discontinue the App, Website or any of its associated services at any time, without notice, and in its sole and absolute discretion.
- Poet Tree Poetry as Service Provider
You understand and agree that Poet Tree Poetry provides an App and Website service, takes no responsibility, and cannot be held liable or responsible for any communication or conduct entered into by or between users of the App and/or Website, whether through Accounts or otherwise. Poet Tree Poetry makes no representations or warranties as to the truth or falsity of the description of any user’s communication or representations, the legality, quality, or safety of the services offered through the App, Website and/or user, or the qualifications associated with any Account, Product, or service, including, but not limited to, warranties of title or non-infringement.
Although Poet Tree Poetry undertakes commercially reasonable efforts to verify the identity of its Account owners, and users, you understand and agree that Poet Tree Poetry cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney's fees arising out of or related to any user's, Account owner's, or third party's failure to: (1) truthfully or accurately disclose their identity or their qualities or qualifications of any product, or services, offered by them; (2) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.
You acknowledge and agree that Poet Tree Poetry is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Poet Tree Poetry may edit, remove, or control the content displayed through the App and Website, you agree that Poet Tree Poetry will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the App, Website or otherwise.
If you have any questions or complaints regarding the Site or our services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly asses your concerns.
Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our services, for which we are not responsible.
- Acceptable Uses
You agree that you will not use the App and Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the App or Website.
Specifically, you are prohibited from:
Transmitting unsolicited commercial messages through the App and Website or to users of the App or Website;
Imposing a disproportionate load on the App, Website or its server infrastructure or otherwise attempting to interfere with the operation of the App or Website by use of any of the following;
- a) cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Poet Tree Poetry or any Poet Tree Poetry experience or without Poet Tree Poetry’s express written consent, modify or cause to be modified any files that are a part of Poet Tree Poetry circumventing Poet Tree Poetry’s technological or security protection mechanisms;
Using a robot, spider, scraper, or other automated technology to access the App or Website in an effort to do any of the following;
- a) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Poet Tree Poetry, or to obtain any information from Poet Tree Poetry using any method not expressly permitted by Poet Tree Poetry.
Attempting to gain access to the private data or personal information of a user of the App or Website or a third party;
Posting or transmitting content intended to collect personal or personally identifiable information from users of the App or Website or third parties;
Harassing a user of the App or Website;
Harassing a third party through your use of the App or Website;
Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
Posting or transmitting content that infringes upon the intellectual property rights of other users of the App or Website or third parties or making available through the App or Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Poet Tree Poetry employee.
Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
Posting any communication or User-Generated Content that contains or consists of the following:
- a) Images, whether moving or static, containing an individual, whether real or simulated, under the age of eighteen (18); or
- b) Textual references, including in promotional materials or advertisements, to (a) and (b) above.
- Payments & Disputes
Poet Tree Poetry is a service provider granting users access to the App and Website and to each other’s shared User-Generated Content upon their registering an Account and then accepting these Terms upon 1st use of the app. “Seeds” are purchased in App as in App purchases and purchases on Website for merchandise and other product or services. Ads may be bought on Website but will expire after set amount of time. Poet Tree Poetry reserves the right to modify the fees charged to its users and Account-holders at any time and in its sole and absolute discretion. All payments for services, products, entertainment, or otherwise, offered through the App and Website are non-refundable. You hereby authorize Poet Tree Poetry’s payment processing agent to charge your credit card (or other approved payment facility) for all approved charges. You further agree to pay all fees and charges on time, and Poet Tree Poetry may terminate or disable your access to the App, Website or your Account if you fail to pay any amount owing to Poet Tree Poetry when due. You agree that you will pay all costs of collection, including legal fees, incurred by Poet Tree Poetry.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the App or Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that Poet Tree Poetry is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or Poet Tree Poetry's payment processor. You agree that you will not initiate any chargebacks to Poet Tree Poetry unless otherwise authorized by Poet Tree Poetry in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Poet Tree Poetry.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Poet Tree Poetry within ten (10) days of any such dispute. You understand that your failure to notify Poet Tree Poetry of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
You must provide us with valid and current billing information. If we detect any invalid or illegal chargeback on us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed charge-backs for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When an illegal or invalid chargeback is issued, you are immediately liable to Poet Tree Poetry for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Poet Tree Poetry as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
If you have a problem with your payment, please contact us as soon as possible. As a general rule, we do not provide refunds, which may only be provided at our sole and final discretion. Please include a description of the Service’s functionality in question, including the reason for your technical query, your name, address, account info and payment details.
- Third Party Links
We may place ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third-parties other than Poet Tree Poetry, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. Poet Tree Poetry is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
- Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. You may terminate your subscription by notifying Poet Tree Poetry at PoetTreePoetry@gmail.com in a signed writing stating your intent to terminate. Poet Tree Poetry may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
- Disclaimer of Warranties
POET TREE POETRY PROVIDES THE APP AND WEBSITE ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
- Limitation of Liability
POET TREE POETRY WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF POET TREE POETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POET TREE POETRY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. POET TREE POETRY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. POET TREE POETRY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AND APP AT ANY TIME AND WITHOUT LIABILITY.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to hold harmless, indemnify, and defend Poet Tree Poetry, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the App or Website, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Poet Tree Poetry under the terms of this Agreement will not provide you with the right to control Poet Tree Poetry's defense, and Poet Tree Poetry reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Poet Tree Poetry.
- Mobile Application Terms
These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s terms of service.
These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications that otherwise are in conflict with, Google’s or Apple’s app stores terms of service.
Poet Tree Poetry, and not any such third party app store provider, shall be solely responsible for the App and any and all content thereof. Poet Tree Poetry is solely responsible for the App, the Services and the content thereof.
Poet Tree Poetry is solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will Poet Tree Poetry’s responsibility.
You hereby acknowledge and agree that Apple and Google (and their affiliates), are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Poet Tree Poetry may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website or App.
- Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of California without giving effect to any conflicts of laws and principles. You agree that any claim or dispute that you may have against Poet Tree Poetry will be exclusively resolved through arbitration.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Poet Tree Poetry that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and Poet Tree Poetry, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Poet Tree Poetry should be sent to our address as indicated in our contact section. After the Notice is received, you and Poet Tree Poetry may attempt to resolve the claim or dispute informally. If you and Poet Tree Poetry do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.
Arbitration Rules. Arbitration shall be initiated through pursuant to the most recently effective commercial arbitration rules (the “Arbitration Rules”) of NET- ARB, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If NET- ARB is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of Poet Tree Poetry’s business premises, unless you reside outside of the USA, and unless the parties agree otherwise. If you reside outside of the State of New York or the USA, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed here below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Poet Tree Poetry elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Poet Tree Poetry, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Poet Tree Poetry.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Poet Tree Poetry shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Poet Tree Poetry, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and App and their associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Poet Tree Poetry.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
- Limitation on Actions
POET TREE POETRY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
- Reservation of Rights
All rights not expressly granted herein are reserved to Poet Tree Poetry.
You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
- Force Majeure
Poet Tree Poetry shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
- No Embargo
You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
- No Relationship
You and Poet Tree Poetry are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
- California Residents Notice
As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Poet Tree Poetry. For any inquires or complaints regarding the Site, please contact our customer service team at the address indicated in our website. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Effective Date: February 1, 2020
The Poet Tree Poetry Website and App and their associated content and services are © 2020 Poet Tree Poetry ("PoetTree").
If you believe that a user of Poet Tree Poetry has infringed upon your copyright rights, you may provide Poet Tree Poetry a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, Poet Tree Poetry will remove the allegedly infringing content.
This notice of copyright infringement must contain the following:
The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user that believes that deleted content was subject to a notice of copyright infringement but is not infringing, you may submit a counter-notification. If your content was moderator approved and posted on the website but was then removed, it is because someone submitted it as a copyright issue. If you disagree then you can submit a counter-notification. This counter-notification must contain the following:
Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to Poet Tree Poetry at PoetTreePoetry@gmail.com.
Effective Date: February 1, 2020
The terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall be refer to your personal data and other data collected from our visitors and end users.
What do you collect from me?
We may collect the following personal information from you:
Any information that you voluntarily submit to the Website;
Your user name, name, email address, date of birth, gender, phone number, state, city, country, or zip code;
Your payment information, which is used to complete a transaction;
Proof of a government photo identification card;
Links to other websites that you own; and
Links to your social networking profile.
We may also collect the following personally identifiable information from you:
Your IP address;
Your use of the Website;
Information stored in cookies, pixel tags, or web beacons; and
Any other additional analytics data that you voluntarily submit to the Website.
How do you use this information?
We use this personal and personally identifiable information to:
Provide you with the Website and its services;
To communicate with you;
To troubleshoot problems with the Website;
To complete a transaction that you have initiated;
To update you on changes to the Website; and
To update you on our services or the services of third parties.
How do you store this information?
Poet Tree Poetry stores and processes your personal and personally identifiable information on computers located within the United States. By using the Website, you agree to the collection and processing of your personal and personally identifiable information in the United States and hereby expressly waive any rights that you may have under the EU Data Protection Directive.
We use commercially standard technology to help protect against the unauthorized disclosure of your personal and personally identifiable information, including encryption. Though we do our best to protect your personal and personally identifiable information, you provide all such information at your own risk.
Do you share my information with third parties?
Poet Tree Poetry will only share your personal or personally identifiable information with third parties in the following situations:
Where Poet Tree Poetry has obtained your consent;
Where it is necessary to provide you with services initiated at your request;
Where it is necessary to share such information with Poet Tree Poetry’s parents, subsidiaries, successors, and assigns;
Where Poet Tree Poetry has been purchased by or has purchased a third party;
Where it is needed to respond to information requests by government authorities;
Where it is demanded by a court order or subpoena;
Where it is needed to protect the employees, independent contractors, users, members, officers, directors, or shareholders of Poet Tree; and
Where it is needed to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance, or treaty.
Any personal or personally identifiable information that you include within your Website profile or elsewhere on the Website may also be displayed to third parties. You are advised to review that information before you submit it to the Website.
Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services and invitations to participate in surveys.
We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.
To enrich and perfect your online experience, Poet Tree Poetry uses “cookies” and similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
What can I do to stop the collection of my personal or personally identifiable information?
You can cease Poet Tree Poetry’s collection of your personal and personally identifiable information by taking the following steps:
By adjusting your web browser settings to block or limit cookies, pixel tags, and web beacons;
What are my duties when using the Website?
You have the duty to:
Inform Poet Tree Poetry of any changes to your personal or personally identifiable information; and
Protect the security of your username, password, and personal or personally identifiable information.
California Privacy Rights
Notice to California Residents
Pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), Poet Tree Poetry and its affiliates hereto provide the following notice regarding the categories of PI that we have collected or disclosed within the preceding 12 (twelve) months about California residents who are not employees, independent contractors, owners, directors, officers, or job applicants of Poet Tree Poetry, or emergency contacts or benefits beneficiaries of the foregoing.
Henceforth, the CCPA provides Californians with the following rights:
- Requests for Information: you (or your authorized agent) can request a copy of your PI, including how we have collected, used, and shared your PI over the past 12 months (if any), including the categories of PI we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so.
- Your Right to Opt Out of Sales: We do not sell your PI, thus, we don’t offer opt out notices.
- Your Right to Notification: under the CCPA, we cannot collect new categories of PI or use them for materially different purposes without first notifying you.
- Nondiscrimination for exercising your CCPA Rights: the CCPA prohibits us from discriminating against you for exercising your rights under the law. Such discrimination may include denying services, charging different prices or rates for services, providing a different level or quality of services, or suggesting that you will receive a different level or quality of goods or services as a result of exercising your rights.
- Your Right to Delete PI: you can request that we delete your PI by closing your Poet Tree Poetry account. You also can request that we delete specific information, and we will honor such requests, unless a due exception applies, such as when the information is necessary to complete a transaction, verify a fraud, review a chargeback or contract for which it was collected or when it is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.
- Please take into consideration that we may deny your deletion request if retaining the PI is necessary for us, our affiliates or our service providers in order to:
- Complete the transaction for which we collected the PI information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug our products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation that has substantive grounds;
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Overall, we have, may collect or will collect the following categories of PI from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:
- Personal information, as defined in the California customer records law, such as contact information and financial information;
- Identifiers, such as online identifier, IP address and name;
- Financial information, such as transaction information and history and securities trading information and history;
- Internet or network activity information, such as browsing history and interactions with our and other websites and systems;
- Geolocation data, such as device location and IP location;
- Audio, electronic, visual and similar information, such as video recordings created in connection with our business activities, such as your poetry and multimedia content; and
- Inferences drawn from any of the PI listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
If you have any privacy request, such must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.
Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our services within thirty (30) days. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.
From time to time, this Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of Site and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
Amendments to this Policy
Periodically, and at the final discretion of ourselves, we may update, change, suspend and/modify or our Site, our services, this Policy and/or our Terms, in whole or in part. We hereby reserve such right in order to operate our business and protect ourselves. Your use after any changes indicate your acceptance thereof and we will post a notice regarding such changes on our Site and may also write an email to you or otherwise notify you.
How can I contact you if I have questions?