Servicevilkår
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to Polara.dk! These Terms of Use describe the terms and conditions applicable to
your access and use of the website, mobile sites and other portals owned, operated,
branded or made available by Polara.dk. This document is a legally binding agreement
between you as the user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter)
and the Polara.dk (referred to as “we”, “our” or “Polara.dk” hereinafter).
Damencommerce credentials
Damencommerce trading under the name Polara, established in Rotterdam and with offices at Prins hendrikstraat 4a, 3071LH (NO Visiting address!) with e-mail info@Polara.dk and registered in the trade register of the Chamber of Commerce
KVK: 73462195
VAT: NL002345509B20
Rotterdam, The Netherlands
Application and Acceptance of the Terms
- 1.1 Your access to and use of the Sites and Polara.dk services, software and products through the Sites is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of sites that Polara.dk may publish from time to time. This document and such other rules and policies of the sites are collectively referred to below as the “Terms”. By accessing and use of the sites and services, you agree to accept and be bound by the terms. Please do not access or use the services or the sites if
you do not accept all of the terms.
1.2 You may not access or use the services or the sites and may not accept the Terms if you
are not of legal age to form a binding contract with Polara.dk.
1.3 Polara.dk may amend any terms at any time by posting the relevant amended and restated terms on the sites. By continuing to access or use the services or the sites, you
agree that the amended and restated terms will apply to you.
1.4 If Polara.dk has posted or provided a translation of the English language version of the
terms, you agree that the translation is provided for convenience only and that the English
language version will govern your access to and use of the services or the sites.
1.5 You may be required to enter into a separate agreement(s), whether online or offline,
with Polara.dk or our affiliate for any service (or features within the Services) (each an
“Additional Agreement”). If there is any conflict or inconsistency between the Terms and
an Additional Agreement, the Additional Agreement shall take precedence over the Terms
only in relation to that Service (or feature within the Service) concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of
Polara.dk. - Provision of Services
2.1 You must register as a member on the Sites in order to access and use some Services.
Further, Polara.dk reserves the right, without prior notice, to restrict access to or use of
certain Services (or any features within the Services) to paying Users, or subject to other
conditions that Polara.dk may impose in our discretion.
2.2 Some Services (or part thereof) may be provided by Polara.dk’s affiliates on behalf of
Polara.dk.
2.3 Promotion Services provided by Polara.dk pursuant to the terms hereunder shall include: 1)
Top Ranking and Sponsored Listing; 2) services that benefit, promote, support, whether
directly or indirectly, the business of User, the User’s brand, product, store, logo, trademark,
service mark, User Content and/or derivative work using the User Content on software,
applications, tools, browser extensions and/or platforms operated and/or controlled by
Polara.dk and/or on software, applications, channels, platforms, websites and/or any other
forms of media that are operated and/or controlled by third parties (“Third Party Channels”);
any such other services as may be announced by Polara.dk from time to time.
Polara.dk shall be entitled to, at its sole discretion, determine whether the Promotion Services
or any part thereof will be available to you. - Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will
comply with all applicable laws and regulations when accessing or using the Sites or
Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or
resell any Services or any information, text, images, graphics, video clips, sound, directories,
files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b)
you will not copy, reproduce, download, compile or otherwise use any Site Content for the
purposes of operating a business that competes with Polara.dk, or otherwise commercially
exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or
compile, directly or indirectly, a collection, compilation, database or directory (whether
through robots, spiders, automatic devices or manual processes) without written permission
from Polara.dk is prohibited. Use of any content or materials on the Sites for any purpose not
expressly permitted in the Terms is prohibited.
3.3 You must read the following document which govern the protection and use of personal
information about Users in the possession of Polara.dk and our affiliates:
Privacy Policy
3.4 Polara.dk may allow Users to access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or
otherwise to such third parties' web sites. You are cautioned to read such web sites' terms
and conditions and/or privacy policies before using the Sites. You acknowledge that Polara.dk
has no control over such third parties' web sites, does not monitor such web sites, and shall
not be responsible or liable to anyone for such web sites, or any content, products or
services made available on or through such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer
systems or networks of Polara.dk and/or any other User nor to gain unauthorized access to
such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Polara.dk’s
feedback system.
3.7 By posting or displaying any logos, trademarks, service marks, brands,
description/information in the product listings, and any other information, content or
material on the Sites (any of such information, content or material, collectively referred to
as “User Content”) or providing any User Content to Polara.dk and/or its affiliates and their
respective representative(s), and to the extent permitted under applicable laws, you grant
an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple
tiers) license to Polara.dk and/or its affiliates and their respective representative(s) to display,
transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create
derivative works using the User Content, remove any part of it (including, without
limitation, the watermark or mark the User Content bears), and otherwise use any or all of
the User Content in any form, media, or technology now known or not currently known in
any manner, on the Sites, Polara.dk Channels and/or Third Party Channels and for any purpose
which may be beneficial, whether directly or indirectly, to Polara.dk, the operation of the
Sites, the provision of any Services and Promotion Services and/or the business of the
User. You confirm and warrant to Polara.dk that you have all the rights, power and authority
necessary to grant the above license and the User Content and use of such User Content
(including derivative works) by Polara.dk and/or its affiliates under such license is free from
any infringement or violation of any Third Party Rights. To the maximum extent permitted
by law, you waive your right to enforce your Intellectual Property Rights in the User Content
against Polara.dk and/or its affiliates, assignees or sub-licensees in connection with use of
such User Content in connection with the Services. Information that is protected under data
protection laws will only be used and kept in compliance with those laws. - Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a registered User is
also referred to as a “Member” below). Except with Polara.dk’s approval, one User may only register one member account on the Sites. Polara.dk may cancel or terminate a User’s member account if Polara.dk has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Polara.dk may reject User’s
application for registration for any reason.
4.2 Upon registration on the Sites, Polara.dk shall assign an account and issue a member ID
and password (the latter shall be chosen by a registered User during registration) to each
registered User.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your
Member account, ID or password by another person, even to other individuals within the
Member’s own business entity (where applicable). Member agrees to notify Polara.dk
immediately if you become aware of any unauthorized use of your password or your
account or any other breach of security of your account.
4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Polara.dk or other Users of the Sites. Member shall indemnify Polara.dk, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Polara.dk shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member. - Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and
authority to accept the Terms, to grant the license and authorization and to perform the
obligations hereunder; (b) your access and use of the Sites and Services will be for business purposes only; and (c) for Members who are business entities, the address you provide
when registering is the principal place of business of your business entity. For purposes of
this provision, a branch or liaison office will not be considered a separate entity and your
principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or
thereafter throughout the continuation of the use of the Sites or Service is true, accurate,
current and complete, and (b) you will maintain and promptly amend all information and
material to keep it true, accurate, current and complete.
5.3 Upon becoming a Member, you consent to the inclusion of the contact information
about you in our database and authorize Polara.dk and our affiliates to share the contact
information with other Users or otherwise use your personal information in accordance
with the Privacy Policy.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible
for obtaining all necessary third-party licenses and permissions regarding any User Content
that you submit, post or display; (b) any User Content that you submit, post or display does
not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or
any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you
have the right and authority to sell, trade, distribute or export or offer to sell, trade,
distribute or export the products or services described in the User Content and such sale,
trade, distribution or export or offer does not violate any Third Party Right；and (d) neither
the Member nor any of its related persons have been banned or removed from any major
e-commerce platforms, or otherwise implicated in selling counterfeit or pirated products
online.
5.5 Each Member further represents, warrants and agrees that the User Content that you
submit, post, or display shall:
a) be true, accurate, complete, and lawful;
b) not be false, misleading, or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene,
objectionable, offensive, sexually explicit, or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age;
e) not violate any applicable laws and regulations (including without limitation those
governing export control, consumer protection, unfair competition, price gouging, or false
advertising) or promote any activities which may violate any applicable laws and
regulations;
f) not contain any link directly or indirectly to any other web Sites which includes any
content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and
regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional
Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation
sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any
person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which
would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any
unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Polara.dk’s various
proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the
effect of damaging, interfering with, intercepting or expropriating any software or hardware
system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used
by Polara.dk and/or any user of the Sites or gain unauthorized access to such data, systems or
networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in
which any of the foregoing persons or entities is organized or has operations are not,
persons or entities that are subject to any economic or fraud sanctions of any
governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Polara.dk or our
affiliates.
5.7 Member may not use the Sites, Services or member account to engage in activities
which are identical or similar to Polara.dk’s e-commerce marketplace business.
5.8 If Member provides a business referee, Member represents, warrants and agrees that
you have obtained all necessary consents, approvals and waivers from such referee to (a)
act as your business referee; (b) post and publish their contact details and information,
reference letters and comments on their behalf; and (c) that third parties may contact such
business referees to support claims or statements made about you. You further warrant and
agree that all reference letters and comments are true and accurate and third parties may
contact the business referees without the need to obtain your consent.
5.9 Member agrees to provide all necessary information, materials and approval, and
render all reasonable assistance and cooperation necessary for Polara.dk’s provision of the
Services, evaluating whether Member has breached the Terms and/or handling any
complaint against the Member. If Member’s failure to do so results in delay in, or
suspension or termination of, the provision of any Service, Polara.dk shall not be obliged to
extend the relevant service period nor be liable for any loss or damages arising out of or in
connection with such delay, suspension or termination.
5.10 Member acknowledges and agrees that Polara.dk reserves the right to, but shall not be
required to actively monitor or exercise any editorial control whatsoever over the content
of any message or material or information (including User Content) created, obtained or
accessible through the Services or Sites. Polara.dk does not endorse, verify or otherwise
certify the contents of any comments or other material or information (including User
Content) created, submitted, posted, displayed or otherwise made by any Member. Each
Member is solely responsible for the contents of their communications and may be held
legally liable or accountable for the content of their comments or other material or
information
5.11 Member acknowledges and agrees that the Sites and Services may only be used by
businesses and their representatives for business use and not for individual consumers or
for personal use.
5.12 Member acknowledges and agrees that each Member is solely responsible for
observing applicable laws and regulations in its respective jurisdictions to ensure that all
access and use of the Site and Services are in compliance with the same.
5.13 Each Member represents, warrants and agrees that
(a) you and your affiliates shall comply with applicable laws and regulations in
conducting your respective business (including without limitation applicable laws
and regulations with respect to product safety, intellectual property rights, data
privacy, consumer protection, product or regulatory certification, import and export
control, unfair competition, price gouging, false advertising, labor, environment,
health and safety, anti-bribery and anti-money laundering)；
(b) you and your affiliates are not the subject of any trade restrictions, sanctions or
other legal restrictions enacted or proposed to be enacted by any country,
international organization or jurisdiction ("Relevant Subjects");
(c) you and your affiliates are not offering products or services that would likely
trigger any international trade restrictions, sanctions or other legal restrictions by
any Relevant Subjects;
(d) neither you, or any of your parent companies or affiliates, directly or indirectly,
deals with, or provides any funds, goods or services to Relevant Subjects; and
(e) you will at all times comply with all applicable export control and sanctions laws
and regulations with regard to products, services, software and technologies in
using the Services, including sanctions resolutions, laws and regulations enacted and
enforced by the UN Security Council, the People's Republic of China, the United
States of America, and any other country.
If, at any time, you fail to meet any of the above requirements, you should stop using the
Services immediately. If Polara.dk reasonably believes that any of your conduct violates or
threatens to violate any applicable laws and regulations, Polara.dk may, at its sole discretion,
at any time take action as it may deem appropriate in light of the circumstances, including,
but not limited to, terminating the provision of Services to you, closing relevant purchase
orders, and terminating your accounts, while reserving all rights it may have regarding any
non-compliant actions or conduct of its members. - Breaches by Members
6.1 Polara.dk reserves the right in our sole discretion to remove, modify or reject any User
Content (in whole or in part) that you submit to, post or display on the Sites which we
reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms
hereunder, (iii) could subject Polara.dk or our affiliates to liability, (iv) infringes any Third Party
Rights, (v) could harm the interests of our Members, third party or Polara.dk or our affiliates,
or (vi) is otherwise found inappropriate in Polara.dk’s sole discretion.
6.2 If any Member breaches any Terms, or if Polara.dk has reasonable grounds to believe that
a Member is in breach of any Terms, Polara.dk shall have the right to take such disciplinary
actions as it deems appropriate, including without limitation: (i) suspending or terminating
the Member’s account and any and all accounts determined to be related to such account
by Polara.dk in its sole discretion without liability for any losses or damages arising out of or in
connection with such suspension or termination; (ii) restricting, downgrading, suspending or
terminating the subscription of, access to, or current or future use of any Service; (iii)
removing any product listings or other User Content that the Member has submitted,
posted or displayed, or imposing restrictions on the number of product listings or User
Content that the Member may post or display; (iv) imposing other restrictions on the
Member’s use of any features or functions of any Service as Polara.dk may consider
appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties
as Polara.dk may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be
considered as being in breach of the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, Polara.dk has reasonable grounds to believe
that such Member has willfully or materially failed to perform your contract with such third
party including without limitation where a Member who supplies products or services using
the Sites and Services has failed to deliver any items ordered by such third party after
receipt of the purchase price, or where the items such Member has delivered materially fail
to meet the terms and descriptions outlined in your contract with such third party,
b) Polara.dk has reasonable grounds to suspect that such Member has used a stolen credit
card or other false or misleading information in any transaction with a counter party,
c) Polara.dk has reasonable grounds to suspect that any information provided by the Member
is not current or complete or is untrue, inaccurate, or misleading, or
d) Polara.dk believes that the Member’s actions may cause financial loss or legal liability to
Polara.dk or our affiliates or any other Users.
6.4 Polara.dk reserves the right to cooperate fully with governmental or regulatory
authorities, law enforcement bodies, private investigators and/or injured third parties in the
investigation of any suspected criminal or civil wrongdoing. Further, to the extent
permitted by applicable laws and policies, Polara.dk may disclose the Member's identity,
contact information and/or information regarding the Member's account(s), transactions or
activities carried out on or via the Site, if requested by a government, regulatory or law
enforcement body or an injured third party, or as a result of a subpoena or other legal
action. Polara.dk shall not be liable for damages or results arising from such disclosure, and
Member agrees not to bring any action or claim against Polara.dk for such disclosure.
6.5 Polara.dk may, at any time and in our reasonable discretion, impose limitations on,
suspend or terminate the Member’s use of any Service or the Sites without being liable to
the Member if Polara.dk has received notice that the Member is in breach of any agreement
or undertaking with any affiliate of Polara.dk and such breach involves or is reasonably
suspected to involve dishonest or fraudulent activities. Polara.dk reserves the right to, but
shall not be required to investigate such breach or request confirmation from the Member.
6.6 Each Member agrees to indemnify Polara.dk, our affiliates, directors, employees, agents
and representatives and to hold them harmless, from any and all damages, losses, claims
and liabilities (including legal costs on a full indemnity basis) which may arise from your
submission, posting or display of any User Content, from your access to or use of the Sites
or Services, or from your breach of the Terms or any Additional Agreements.
6.7 Each Member further agrees that Polara.dk is not responsible, and shall have no liability to
you or anyone else for any User Content or other material transmitted through the Sites or
Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit
material and that the risk of damage from such User Content or other material rests entirely
with the Member. Polara.dk reserves the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by the Member, in
which event the Member shall cooperate with Polara.dk in asserting any available defenses. - Transactions Between Buyers and Sellers
7.1 Through the Sites, Polara.dk provides electronic web-based platforms for exchanging
information between buyers and sellers of products and services. However, for any Services,
Polara.dk does not represent either the seller or the buyer in specific transactions. Polara.dk
does not control and is not liable or responsible for the quality, safety, lawfulness or
availability of the products or services offered for sale on the Sites, the ability of the sellers
to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting
under false pretences. Polara.dk uses several techniques to verify the accuracy of certain
information our paying Users provide us when they register for a paying membership
service on the Sites. However, because user verification on the Internet is difficult, Polara.dk
cannot and does not confirm each User's purported identity (including, without limitation,
paying Members). We encourage you to use various means, as well as common sense, to
evaluate with whom you are dealing.
7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of
conducting any purchase and sale transactions in connection with or through the Sites or
Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all
risks of liability or harm of any kind arising out of or in connection with any subsequent
activity relating to the products or services that are the subject of the transactions on the
Sites. Examples of such risks shall include, but are not limited to, mis-representation of
products and services, fraudulent schemes, unsatisfactory product quality, failure to meet
specifications, defective or dangerous products, unlawful products, delay or default in
delivery or payment, cost mis-calculations, breach of warranty, breach of contract,
transportation accidents, the risk that the manufacture, importation, export, distribution,
offer, display, purchase, sale and/or use of products or services offered or displayed on the
Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users
may incur costs of defense or other costs in connection with third parties’ assertion of Third
Party Rights, or in connection with any claims by any party that they are entitled to defense
or indemnification in relation to the assertion of rights, demands or claims by claimants of
Third Party Rights. Examples of such risks also include the risk of claims from consumers,
other purchasers, end-users of products or other third parties that they have suffered
injuries or harm from their use of the products obtained through the Sites or Services. All of
the foregoing risks are referred to as "Transaction Risks". Polara.dk is not liable or responsible
for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or
expenditures of any kind that may arise a result of or in connection with any Transaction
Risks.
7.4 User agrees to provide all information and materials as may be reasonably required by
Polara.dk in connection with your transactions conducted on, through or as a result of use of
the Sites or Services. Polara.dk has the right to suspend or terminate any User’s account if the
User fails to provide the required information and materials without liability for any losses
or damages arising out of or in connection with such suspension or termination.
7.5 In the event that any User has a dispute with any party to a transaction, such User
agrees to release and indemnify Polara.dk (and our agents, affiliates, directors, officers and
employees) from all claims, demands, actions, proceedings, costs, expenses and damages
(including without limitation any actual, special, incidental or consequential damages)
arising out of or in connection with such dispute or the transaction. - Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY POLARA.DK
ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL
FAULTS”, AND POLARA.DK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY,
DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND
UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLARA.DK MAKES NO REPRESENTATIONS
OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY,
STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR
THROUGH THE SITES; POLARA.DK DOES NOT REPRESENT OR WARRANT THAT THE
MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE
AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT
VIOLATE ANY THIRD PARTY RIGHTS; AND POLARA.DK MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR
DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at
each User's sole discretion and risk and each User is solely responsible for any damage to its
own or to Polara.dk’s computer system(s) or any loss of data that may result from the
download of any such material. No advice or information, whether oral or written, obtained
by any User from Polara.dk or through or from the Sites shall create any warranty not
expressly stated herein.
8.4 The Sites may make available to User services or products provided by independent
third parties. No warranty or representation is made with regard to such services or
products. In no event shall Polara.dk or our affiliates be held liable for any such services or
products.
8.5 Each User hereby agrees to indemnify and hold Polara.dk, our affiliates, directors, officers
and employees harmless, from any and all losses, claims, liabilities (including legal costs on a
full indemnity basis) which may arise from such User's access to or use of the Sites or
Services (including but not limited to the submission, posting or display of such User's
information and User Content on the Sites, Polara.dk Channels or Third Party Channels under
Promotion Services) or from your breach of any of the representations, warranties
hereunder and the terms and conditions of the Terms. Each User hereby further agrees to
indemnify and hold Polara.dk, our affiliates, directors, officers and employees harmless, from
any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis)
which may arise from User's breach of any representations and warranties made by User to
Polara.dk, including but not limited to those set forth in clause 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Polara.dk, our affiliates, directors,
officers and employees harmless, from any and all losses, damages, claims, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a
result of any claims asserted by Third Party Rights claimants or other third parties relating to
the User Content, information and/or products offered or displayed on the Sites. Each User
hereby further agrees that Polara.dk is not responsible and shall have no liability to you, for
any material posted by others, including defamatory, offensive or illicit material and that
the risk of damages from such material rests entirely with each User. Polara.dk reserves the
right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate with
Polara.dk in asserting any available defenses.
8.7 Polara.dk shall not be liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to damages
for loss of profits or savings, business interruption, loss of information), whether in contract,
negligence, tort, equity or otherwise or any other damages resulting from any of the
following:
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a
User or any other third party through the Sites or Services;
c) violation of Third Party Rights or claims or demands that User's manufacture,
importation, exportation, distribution, offer, display, purchase, sale and/or use of products
or services offered or displayed on the Sites or through the Services may violate or may be
asserted to violate Third Party Rights; or claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or claims by Third
Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites or Services; or;
f) any matters relating to the Sites or Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Polara.dk, our
employees, agents, affiliates, representatives or anyone acting on our behalf with respect to
each User for all claims arising from the access to or use of the Sites or Services during any
the calendar year shall be limited to the greater of (a) the amount of fees the User has paid to
Polara.dk in exchange for the access to or use of the Site or Services during the calendar year
and (b) the maximum amount permitted under the applicable law. The preceding sentence
shall not preclude the requirement by the User to prove actual damages. All claims arising
from the use of the Sites or Services must be filed within one (1) year from the date the
cause of action arose or such longer period as prescribed under the applicable law
governing the Terms.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the
maximum extent permitted by law and shall apply whether or not Polara.dk has been advised
of or should have been aware of the possibility of any such losses arising. - Force Majeure
9.1 Polara.dk shall not be liable for or required to pay compensation of any nature
whatsoever for any loss arising from the unavailability, inconvenience or failures of the
services or systems due to the following reasons: (i) system shut-down for maintenance; (ii)
inability to transmit data due to failures in communications terminals or
telecommunications equipment; (iii) systems failure and inability to perform its functions)
due to force majeure events including but not limited to typhoons, earthquakes, tsunamis,
floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or
materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God,
governmental actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties; or (iv) suspension or delay of services or systems failure due to reasons
beyond the reasonable control of Polara.dk such as hacker or cyber attacks, technical
adjustments or failure of the telecommunications department, website upgrades, third
party problems or any suspension or disruption of transportation or business operation
(including but not limited to delays or disruption of the resumption of work or operation
ordered by any government agency) in the event of a national or regional spread of
epidemic or pandemic. - Intellectual Property Rights
10.1 Polara.dk is the sole owner or lawful licensee of all the rights and interests in the Sites
and the Site Content. The Sites and Site Content embody trade secrets and other intellectual
property rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Sites and Site Content shall remain with Polara.dk, our
affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms
or by Polara.dk are hereby reserved.
10.2 Polara.dk may have independent third parties involved in the provision of the Sites or
Services (e.g., the authentication and verification service providers). You may not use any
trademark, service mark or logo of such independent third parties without prior written
approval from such parties.
10.3 To the largest extent permissible under applicable law, all rights, title and interest to all
derivative work created by Polara.dk and/or its affiliates using User Content pursuant to the
Terms shall belong to Polara.dk, which may be freely assignable, licensable or grantable by
Polara.dk to any third party or its affiliates. - General Provisions
11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement
between you and Polara.dk with respect to and govern your use of the Sites and Services,
superseding any prior written or oral agreements in relation to the same subject matter
herein.
11.2 Polara.dk and you are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
11.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall
be deleted and the remaining provisions shall remain valid and be enforced.
11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.
11.5 Polara.dk’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Polara.dk’s right to act with respect to subsequent or similar breaches.
11.6 Polara.dk shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including
any affiliates of Polara.dk). You may not assign, in whole or part, the Terms to any person or entity.
11.7 This Agreement is governed by the Dutch law with exclusive jurisdiction Court of
Rotterdam
11.8 If you have any comments on the Services we provide to you, you may contact our
customer service support line Info@polara.dk with any such feedback or questions.