Terms of Use
Effective 01 May, 2023
As used in these Terms of Use, “PSC”, “Our”, “us” or “we” refers to PoleStarCloud and its affiliates.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms of use (“Terms”), along with Polestar Cloud’s Privacy Policy, govern your use of the PSC Service. For the purposes of these Terms, “Service”, refers to any services provided or operated by PSC that link to these Terms. If you do not agree to these Terms, you should not use our Service.
GENERAL TERMS AND CONDITIONS
1. Eligibility
By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service and (iii) that your use of the Service is in compliance with any and all applicable laws and regulations.
2. License Grant to Polestar Cloud.
By posting or publishing your content, suggestions, information, data, or comments (“Content”) to this Service, you are granting PSC a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to display, perform, reproduce, distribute, and prepare derivative works of your Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). You will retain ownership of your Content, however, any use of your Content by PSC may be without any compensation paid to you. By posting and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
3. Infringement and Abuse.
PSC is a pass-through network used to improve network performance, not a hosting provider and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Copyright holders or their agents concerned with material served through PSC’s network should submit a notification of claimed copyright infringement to email: [email protected]
4. Termination of Use; Discontinuation and Modification of the Service.
We may at our sole discretion suspend or terminate your use to the Service at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
5. Third-Party Services.
This Service may contain links to third-party Services. Such linked Services are not under our control, and we are not responsible for their content.
6. Ownership; Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by PSC are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of PSC or our third-party licensors. Except as expressly authorized by PSC you may not make use of the Materials. PSC reserves all rights to the Materials not granted expressly in this Agreement.
7. Indemnity.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless PSC and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “PSC Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defence of such claim.
8. Disclaimers; No Warranties.
THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PSC ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE SERVICE. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE PSC ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability.
IN NO EVENT WILL THE PSC ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PSC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10. Governing Law.
This Agreement will be governed by the laws of Singapore without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and PSC agree to submit the personal and exclusive jurisdiction for the purpose of litigating all such disputes.
11. Changes to this Agreement.
PSC reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Service.
12. General.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and PSC regarding your use of and access to the Service. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Section 3 and Sections 7 through 12.
