POLYMARKET TERMS OF SERVICE

 

Last updated: 05/12/2020

 

Introduction

These Terms of Service (the “Terms” or the “Agreement”) set forth the terms and conditions that apply to your access and use of our website, https://poly.market (the “Site”), software applications, features, applications, and other related services (collectively, the “Service”) provided by Blockratize, Inc. (hereinafter referred to as “Polymarket”, “we”, “us”, and “our”) to you. Please read these Terms carefully and keep a copy of them for your reference. This is a legally binding document.

Polymarket is an information markets platform that hosts markets used to predict the outcomes of real-world events. Polymarket displays existing markets live on the Ethereum blockchain and is a graphical user interface for interfacing with smart contracts via Web 3 enabled wallets. By harnessing the power of free markets, we hope to combat the proliferation of misinformation in society.

THESE TERMS GOVERN USE OF THE SERVICE AND APPLY TO ALL USERS VISITING THE SITE OR USING THE SERVICE.

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST POLYMARKET ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW; AND (4) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS THAT WILL APPLY TO ANY DISPUTES BETWEEN YOU AND POLYMARKET RELATED TO YOUR USE OF THE SERVICE.

In addition, when using the Service, you will be subject to any additional terms posted on our Site, including our Privacy Policy located at: https://www.poly.market/privacy, as amended from time to time. These Terms hereby incorporate our Privacy Policy by reference, as well as any additional terms and conditions, terms or service, or similar policies applicable to the Service posted by us, or otherwise made available to you by us, each as may be amended, modified, or replaced from time to time.

Not a Financial Institution

Polymarket is not a bank or financial institution and does not provide investment, tax, legal, payment, financial or other advice or services to Users (as defined below) of any nature or kind whatsoever.

We do not take custody of any token or hold any token in escrow.

Sophistication and Risk of Cryptographic Systems

By utilizing the Service or interacting with the content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens, like Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow the Ethereum Token Standard
(
https://github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.

Your Acceptance of the Terms

By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have connected a third-party service with Polymarket or registered to create an account with Polymarket). The term “you” or “User” refers to a Visitor or a Member. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Polymarket. If you accept this Agreement, you represent that you have capacity to be bound by it or if you are acting on behalf of a company or entity that you have authority to bind such entity. If you are an individual accessing or using the Service on behalf of, or for the benefit of, any other person then you are agreeing to these Terms on behalf of such other person, and you represent and warrant that you have the legal authority to bind such person to these Terms.

If you do not agree with all terms and conditions herein and agree to be bound by the Terms, you may not access the Site or use the Service.

Jurisdictional Issues

Polymarket is controlled or operated (or both) from the United States and is not intended to be subject to any non-U.S. jurisdiction or law. Polymarket may not be appropriate or available for use in some U.S. and/or non-U.S. jurisdictions. Any use of Polymarket is at your own risk, and you must comply with all applicable laws and regulations in using Polymarket. We may limit Polymarket’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose, in our sole and absolute discretion.

NOT BOILERPLATE

The Terms are not boilerplate. If you disagree with any of them, believe that any should not apply to you, or wish to negotiate these Terms, please contact us at hello@poly.market and immediately navigate away from the Site. We ask that you please do not use the Site until you have agreed upon these Terms.

Communications

You consent to receive communications electronically and you agree that all agreements, notices, disclosuresand other communications that we provide to you via the Site or e-mail satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights.

By using the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any of these communications from us by e-mailing us at: hello@poly.market.

No Use By Minors

Service is intended only for access and use by individuals at least 18 years of age. To register for the Service, you must be 18 years of age or older. If you are not at least 18 years old, you are prohibited from access to, and use of, the Service. By accessing or using any of our services, you warrant and represent that you are at least 18 years of age. We do not knowingly collect, either online or offline, personal information from any persons, including those under the age of 18.

Your Privacy and Personal Information

Our privacy policy explains how Polymarket collects, uses and shares your information that you provide when you access the Service. By using the Service, you consent to Polymarket’s collection, use, and sharing of your information as set forth in our Privacy Policy.

Purchases and Payment Methods

You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed for you to use Polymarket (including any applicable device data transmission charges). We will have no financial obligation with respect to your use of the Service.

If you wish to purchase any product or service made available through Service (“Purchase”). In connection with any Purchase, you may be asked to supply certain information including, without limitation, your public address and account balances for a web3-enabled cryptocurrency wallet, your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. You can link or unlink a debit card, credit card, or a U.S. bank account to your Polymarket account as a payment method. Please keep your payment method information current (e.g. card numbers, expiration dates). If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your Polymarket account.

We may employ the use of third-party services to facilitate payment in connection with any Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or any unauthorized or illegal transaction is suspected.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

Rights Granted to Polymarket

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us in connection with the Service, you hereby give us permission to use that content solely for the purpose of providing the Service. We may use and store the content, but only to provide the Service to you. By submitting this content to us, you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.

You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as and when needed.

Updates

You understand that the Site and our related services are evolving. As a result, we may require you to accept updates to the Site and related services that you have previously installed or used. You acknowledge and agree that we may update the Site with or without notifying you. You may need to update third-party software from time to time in order to use the Site.

Unlawful Internet Gambling Notice

The term, “restricted transactions” as defined in Federal Reserve Regulation GG (12 C.F.R. Part 233) are prohibited from being processed through your Polymarket account. Restricted transactions include transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Third-Party Linked Sites and Materials

The Site may contain links to other websites (“Linked Sites”) and materials prepared by third parties (“Third-Party Materials”).

Linked Sites and Third-Party Materials are not under the control of Polymarket, and Polymarket is not responsible for the contents of any Linked Site or Third-Party Materials, including without limitation any link contained in a Linked Site or Third-Party Materials, or any changes or updates to a Linked Site or Third-Party Materials. When you click on a link to a Linked Site, we may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination.

Polymarket does not pre-screen content. Inclusion of any Linked Site or Third-Party Materials does not imply endorsement by us of the site or any association with its operators. You acknowledge and understand that your use of any Linked Sites and Third-Party Materials is at your own risk. Under no circumstances will Polymarket be liable to you or to any third party in any way for any content or materials produced by third parties (including users) for any errors or omissions in content, or for any loss or damage of any kind incurred in connection with your use of such content or materials. You agree that you will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

When you leave the Site, our Terms and policies no longer govern. We encourage you to review applicable terms and policies, including privacy and data-gathering practices of any Linked Site, and to conduct investigation as you feel necessary or appropriate before proceeding with any third-party transaction.

Identity Authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

Relevant laws and regulations may require that we verify the required identifying information (such as name, physical address, date of birth, and social security or taxpayer identification number) if you use certain our services. We reserve the right to close, suspend, or limit access to your account and/or the services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Notification Disclaimer

You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Polymarket does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You further agree that Polymarket shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance on a notification.

 

Prohibited Uses

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. 

You may use Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to:

 

If you violate or infringe any of the above, we may immediately suspend or terminate your right to use or access our services.

Polymarket Intellectual Property Rights

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Polymarket, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service.

All content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Polymarket and protected by copyright, Trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

The Polymarket name and logos are trademarks and service marks of Polymarket (collectively the “Polymarket Trademarks”). Other Polymarket, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Polymarket. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Polymarket Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Polymarket Trademarks will inure to our exclusive benefit.

Polymarket Copyright Disputes

Polymarket respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Polymarket of your infringement claim in accordance with the procedure set forth below.

Procedure:

Polymarket will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be e-mailed to Polymarket’s Copyright Agent via hello@poly.market (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

In accordance with the DMCA and other applicable law, Polymarket has adopted a policy of terminating, in appropriate circumstances and at Polymarket's sole discretion, users who are deemed to be repeat infringers. Polymarket may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Compliance and Authority

You agree to comply with any and all applicable laws and regulations in using the Service. The Service, among other things, allows you to post, share, link, store, and otherwise make available certain information, data, text, graphics, videos, and other material (Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

In posting, sharing, linking to, and otherwise making available such Content in connection with the Service, you represent and warrant that:

Polymarket has the right (but not the obligation) to monitor and edit all Content provided by you. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Content found on or through this Service are the property of Polymarket or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

By posting Content using Service you grant us the right and license to use, modify, publicly perform, display, reproduce, distribute, store, modify, and otherwise use such Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Polymarket are non-confidential and Polymarket will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Polymarket may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Polymarket, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Error Reporting and Feedback

You may provide us directly at hello@poly.market with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Polymarket may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Polymarket is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Polymarket and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Polymarket will have no liability or responsibility with respect thereto.  Polymarket reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service, and you hereby consent to our involvement.

Indemnification and Release

You hereby agree to release, indemnify, defend and hold harmless Polymarket and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, shareholders, agents, representatives and employees of any of the foregoing entities, from and against any and all losses, liabilities, claims, damages, expenses (including attorneys’ fees, court costs and other legal expenses) or actions of any kind whatsoever arising or resulting from, in whole or in part, your use of the Service, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Limitation on Liability

POLYMARKET SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF POLYMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF POLYMARKET SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. POLYMARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

POLYMARKET MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. POLYMARKET MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF DELAWARE.  IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF DELAWARE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Token Disclaimer

TOKENS ARE OFTEN DESCRIBED IN EXCEEDINGLY TECHNICAL LANGUAGE THAT REQUIRES A COMPREHENSIVE UNDERSTANDING OF APPLIED CRYPTOGRAPHY AND COMPUTER SCIENCE IN ORDER TOAPPRECIATE THE INHERENT RISKS OF TRADING OR HOLDING TOKENS. ANY REFERENCE TO ANY TYPE OF TOKEN BY US DOES NOT INDICATE OUR APPROVAL OR DISAPPROVAL OF THE UNDERLYING TECHNOLOGY REGARDING SUCH TYPE OF TOKEN, AND SHOULD NOT BE USED AS A SUBSTITUTE FOR YOUR OWN UNDERSTANDING OF THE RISKS SPECIFIC TO EACH TYPE OF TOKEN. WE MAKE NO WARRANTY AS TO THE SUITABILITY OF ANY TOKENS REFERENCED ON THE SITE AND ASSUME NO FIDUCIARY OR OTHER DUTIES IN OUR RELATIONS WITH YOU.

Governing Law and Venue

These Terms and your relationship with us shall be governed by Delaware law without regard to its conflict or choice of law provisions. Any action brought by any party hereto shall be brought within the State of Delaware, New Castle County.

 

Service Changes and Interruption

We reserve the right to withdraw or amend our Service in our sole discretion and at any time and without prior notice to you. We will not be liable to you or to any party if, for any reason, all or any part of Service is unavailable for any period of time. We may, from time to time, restrict access to parts of Service, the entire Service, or to users, including registered users.

You understand that our Servive could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit our ability to access or use the Service or blockchains generally.

Risk of Weaknesses or Exploits in Cryptography

You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and services generally, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, we intend to deliver relevant updates to account for any advances in cryptography and to incorporate additional security measures. Despite this, however, we do not guarantee or  otherwise represent full security of the system. By using the Service, you acknowledge your acceptance of these inherent risks.

Volatility of Cryptocurrencies

You understand that blockchain technologies and associated currencies or tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on blockchain. You acknowledge these risks and represent that Polymarket cannot be held liable for such fluctuations or increased costs.

Operation of Underlying Protocols

We do not own or control the underlying software protocols that govern the operation of any token, coin, or cryptocurrency referenced on Polymarket. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By accessing or using the Service, you acknowledge and agree that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability. Underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the function and/or even the name of the token, coin, or cryptocurrency referenced on Polymarket. In the event of a fork, you agree that we may temporarily suspend our operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that we assume absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

Changes to the Terms

Polymarket reserves the right, in its sole discretion, to change the Terms under which the Site is offered. Polymarket may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to our Terms will be posted on the Site. In addition, the Terms will always indicate the date it was last revised (you can determine if the Terms have been revised since your last visit by referring to the “Last Updated” date at the top of these Terms. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). The most current version of the Terms will supersede all previous versions. We may not, and have no obligation to, notify Users of any amendments, changes or other modifications by e-mail or other personal communication.

If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate the Terms (as above). You are deemed to accept and agree to be bound by any changes to the Terms when you use the Service after those changes are posted. We encourage you to periodically review the Terms to stay informed of our updates.

 

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term or condition by us set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Polymarket to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any portion of these Terms is deemed unlawful, void, or unenforceable by any arbitrator, court of competent jurisdiction, or other Tribunal, the Terms as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms that is unlawful, void, or unenforceable shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Arbitration, Class Action Waiver and Dispute Resolution

**PLEASE REVIEW THIS SECTION AS THIS AFFECTS YOUR LEGAL RIGHTS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.**

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF DELAWARE. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

If you wish to commence an arbitration proceeding, you must first e-mail a letter describing your claim and requesting arbitration to: hello@poly.market.  

You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND POLYMARKET ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one-hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.

If you do not want to arbitrate disputes with Polymarket and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an e-mail to hello@poly.market within 30 days of the first date you access or use the Service.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration provision will survive the termination of your relationship with us.

All aspects of any arbitration proceeding, including any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of you and Polymarket.

For information on the American Arbitration Association , please visit its website: https://www.adr.org. Information about the American Arbitration Association Rules and fees for consumer disputes can be found at the American Arbitration Association consumer arbitration page: http://www.adr.org/consumer_arbitration.  

Pre-Arbitration Dispute Resolution

Polymarket is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at: hello@poly.market. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Polymarket should be sent to hello@poly.market (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Polymarket and you do not resolve the claim within 60 calendar days after the Notice is received, you or Polymarket may commence an arbitration proceeding.

During the arbitration, the amount of any settlement offer made by Polymarket or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Polymarket is entitled.

Future Changes to Arbitration Provisions

Notwithstanding any provision in these Terms to the contrary, Polymarket agrees that if it makes any future change to this arbitration section (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Polymarket written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Termination

The Agreement will continue to apply until terminated by either you or Polymarket as set out below.

If you wish to terminate this Agreement, you may do so immediately at any time by closing your account for the Service.

E-mail hello@poly.market (Subject Line: “Account Cancellation Request”) to cancel your account. Upon doing so:

We may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your registration.  You agree that Polymarket will not be liable to you or any third party for any termination of your access to the Service.

Assignment

You may not transfer or assign any rights or obligations you have under these Terms without our prior written consent. You agree that we may transfer or assign these Terms or any right or obligation under these Terms at any time.

 

Survival

All covenants, agreements, representations, and warranties made herein shall survive this Agreement and termination of any services we provide in connection with this Agreement.

Bankruptcy

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these Terms.

Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED TO YOU BY US IN CONNECTION WITH THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

 

Printed Form

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Permits and Government Regulations

At all times during your access to and utilization of the Service, you shall have in effect all licenses, permits, and authorizations that are legally necessary or commercially advisable to utilize the Service. You further agree to obtain, at your own expense, any necessary export licenses or other governmental authorizations, and carry out all formalities necessary to utilize the platform. You shall at all times abide by all local, regional, and international laws, and rules and regulations applicable to its activities including, but not limited to (1) the United States Foreign Corrupt Trade Practices Act of 1977, as amended, (2) U.S. Export Administration Regulations, (3) International Traffic in Arms Regulation, (4) USA Patriot Act, as amended, (5) U.S. Treasury regulations (including sanctions and requirements promulgated by the Office of Foreign Assets Control (“OFAC”)), (5) anti-dumping laws, and (6) all other U.S. and other countries’ laws and regulations relating to international trade and investment activities. If you are provided notice, correspondence, subpoena, or other contact that a governmental investigation has been initiated related to your utilization of the Service, you shall immediately notify us in writing of the investigation or inquiry. You agree to cooperate fully with us and to assist in responding to or defending against any governmental inquiry into your compliance with the applicable laws.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contact Us

Please send your feedback, comments, claims, and technical support requests to us by e-mail at: hello@poly.market.