These Terms and Conditions (“Terms”) constitute a legally-binding agreement between you and Polygle Pte Ltd, a Singapore private limited company (“Polygle,” “we,” or “us”). These Terms contain the terms and conditions upon which we will provide you with the services described below (“Services”). By purchasing, accessing, or using the Services, you agree to be bound by all of the provisions set forth in these Terms, including the provisions covering the use of www.polygle.co (“Site”).
You represent that you are at least 18 years of age and are lawfully able to enter into a binding agreement.
2. Description of Services
Polygle's Services include the following:
- Polygle provides customers with a “do-it-yourself” events' videography service. We will rent to you cameras, chargers, and/or USB’s (“Equipment”) for you and your guests to use at the event. After the event, you will send the Equipment back to us and we will create a highlights video.
The Equipment rental and rights provided to you by Polygle shall be in accordance with the fees set forth on the Site.
- Polygle retains all rights, title and interest in the Equipment we rent to you and you must return the Equipment to us after the event within the timeframe set forth on the Site. The failure to do so will result in additional fees charged to you as provided on the Site.
If Equipment is not returned within two weeks of rental date conclusion, the card on file will be charged a S$1,500.00 non refundable fee. If Equipment is returned unused, Polygle cannot be held responsible. If Equipment is return damaged or missing, Polygle cannot be held responsible. You, at your sole expense, are responsible for the equipment, software, telecommunications connections and any other materials necessary to for you access the Site.
Fees to be charged on card on file in case of damages or missing elements:
- Per Camera missing: S$250
- Per Camera damaged - Broken screen: S$100
- Per Camera damaged - Does not turn on anymore: S$180
- Per Camera Case missing - S$30
- Per USB charging cable: S$20
Unless the context requires otherwise, the term Services shall be deemed to include your access to and use of the Equipment and the Site.
3. PRICING AND Payment
You agree to pay, and authorise Polygle to charge using your selected payment method, all fees associated with your purchase, access and use of the Services. The payment, shipping/courier, and billing information you provide us with will be stored on Authorize.net.
All product prices are shown in Singapore dollars and are inclusive of any Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
Payment for all orders shall be made in Singapore dollars.
We reserve the right, at our sole discretion and at any time to modify the prices of our products without further notice to you.
We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you.
4. Use of the Services
In exchange for the applicable fees, Polygle grants you a limited, non-sublicensable, non-exclusive and revocable license during the Hosting Period to access the Site and make use of the applicable Services solely in accordance with, and subject to, these Terms and any of our other policies that may exist from time to time. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site; (ii) use the Service for any commercial use; (iii) alter, modify or otherwise make any derivative uses of any portion of the Site; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) circumvent, disable, or otherwise interfere with any of the security related features of the Site, or (vii) use the Site or any content therein other than for their intended purposes and in accordance with these Terms.
Without limiting the foregoing, you may not use, or instruct, help or permit others to use the Site or Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful or offensive. Such prohibited activities include, without limitation:
- Advertising, transmitting or otherwise making available or disseminating or promoting materials that are unlawfully pornographic or indecent.
- Sending, uploading, distributing or disseminating any defamatory, harassing, abusive, fraudulent, obscene or otherwise objectionable content.
- Engaging in activities that may be deceptive or harmful to others or to Polygle’s operations or reputation.
- Using, storing, disseminating or accessing content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Polygle may, but is not obligated to, investigate any violation of these rules or misuse of the Site and Services. Polygle may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties and may cooperate with those entities or individuals to help with an investigation or prosecution of illegal conduct. Polygle may use or disclose any user information, personal information or network and systems information related to alleged violations of these rules to law enforcement officials, regulators or other appropriate third parties.
5. Disclaimer of Representations and Warranties
You agree that your use of and access to the Services, Equipment and Site shall be at your rike risk and that Polygle provides the Services, Equipment and Site on an "As Is" and "As Available" basis. To the fullest extent permitted by law, Polygle, its officers, directors, employees and agents disclaim all warranties, express of implied, in connection with the Services, Equipment and Site and your use thereof, including, without limitation: (i) Any and all warranties or merchantability; (ii) any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); (iii) Any and all warranties of non-infringement or condition of title; and (iv) that the Services, Equipment and Site will operate without interruption or error. You acknowledge and agree that you have relied on no warranties.
6. Limitation of Liability
In no event shall Polygle, its Officers, Directors, Employees or Agents, be liable to you or any third party for loss of revenue, loss of profits, or any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Services, Equipment or Site, regardless of the form of action, whether in Contract, Tort, Strict Liability or Otherwise. Even if we have been advised of the possibility of such damages or are aware of the possibility of such damages, in no event will our total cumulative liability to you or any third party arising out of or in connection with the Services, Equipment or Site exceed the feeds paid by you to us.
You agree that we are not responsible in any way for any offers made by third parties through the Site, including the failure of Video Editors to meet your expectations or deliver their Services. You release us from any liability arising from failures of this information or these Services to be delivered or to meet your expectations, or from any fraudulent, negligent or otherwise actionable wrongs committed by these third parties.
Polygle shall not be liable for, and you will not be entitled to a refund for your or your guest's failure to operate the Equipment properly.
7. POLYGLE’s Intellectual Property
Other than the content you provide to us that we host on our Site (as discussed below and for which you retain all of your ownership rights), all other content and other materials on the Site, including, but not limited to, the Polygle's effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof are the property of Polygle or our licensors and are protected by applicable intellectual property laws. Therefore, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or the Site itself, without our prior written permission.
8. Your Content
Our website model is based on the uploading, editing, production and publication on the Site of content that you provide to us (i.e., your event footage). You understand that you are solely responsible for your own content and the consequences of submitting and publishing your content on the Site. You affirm, represent and warrant that you own or have the necessary licenses, rights, permissions and/or consents to publish such content.
By submitting your footage or other content to Polygle, you are granting Polygle a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content solely in connection with: (i) providing and promoting the Site and/or the Services; and/or (ii) exercising the rights granted in these Terms. Furthermore, you grant Polygle and its affiliates and sublicensees the right (but, not the obligation) to use the username that you submit in connection such content.
9. Digital Millennium Copyright Act (“DMCA”)
Polygle understands the value and importance of intellectual property rights and makes every effort to observe and respect the valid intellectual property rights of others. Polygle does not review all of the material posted on or submitted through the Site and has no responsibility for any content that you may find or access when using the Site or Services, or the Services provided on the Site. Polygle takes all concerns related to intellectual property seriously and it is Polygle’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if such user infringes or appears to infringe the intellectual property rights of others
If you are a copyright owner (or an agent of a copyright owner) and believe that any content provided on the Site infringes upon your copyrights, you may submit a notification to us by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works provided on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Polygle to locate the material;
- Information reasonably sufficient to permit Polygle to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Polygle’s designated Copyright Agent to receive notifications of claimed infringement is:
Polygle Pte Ltd
16 Raffles Quay, #33-02
Hong Leong Building
Due to information technology concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any DMCA notification submitted electronically with an attachment will not be received or processed.
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Polygle's customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
You will indemnify, defend and hold us and our, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, and/or the Services; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); (iii) your infringement of a third party’s copyrighted material, trademark material or other intellectual property rights; and/or (iii) any content you upload to, posted on, created on, transmitted through or linked from the Site.
11. Choice of Law and Venue
12. Force Majeure
If the performance of the Services or any other of Polygle's obligations under these Terms is prevented, restricted, interfered with or delayed (either totally or in part) by reason of any cause beyond our reasonable control (such as acts of God, disease, weather, war, terrorism, insurrection, civil strike, riots or power failure), then we shall be excused from such performance to the extent of such prevention, restriction, interference or delay.
13. Amendment To Terms; Changes to Service
We reserve the right to change or modify any provisions of these Terms, which govern your access and use the Services, at any time in our sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the changes/modifications. Therefore, you should frequently review these Terms on the Site in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms, your sole recourse is to stop using the Services.
14. Suspension, Limitation, and Termination
Notwithstanding any other provision to the contrary in these Terms, Polygle reserves the right, without liability to you, to suspend, limit, or terminate your access to the Site or use of the Services if you breach any provision included in these Terms.
These Terms, together with any policies referenced herein, constitute the entire agreement between you and Polygle concerning the Services (including the Equipment and the Site). These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Polygle without restriction. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Polygle's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms. Provisions surviving these Terms or your use of the Services are those which on their face affect rights and obligations after termination or expiration, including, without limitation Sections 6, 7, 8, 11, and 12.
16. COURIER/Return COURIER
Polygle is not liable for stolen packages. Polygle will provide a prepaid shipping label to return the Equipment. You may use your own shipping carrier or purchase additional insurance, however Equipment must arrive back in the office by said return date. You are responsible for the Equipment until said Equipment arrives back in our office.
17. CHANGES TO TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.