Effective Date: 16 Sep 2017
Last Updated Date: 16 Sep 2017
- Introduction and Eligibility
We have included several annotations in boxes to help explain the legal jargon and emphasize key sections.
These annotations are for convenience only and have no legal or contractual effect.
This agreement is a legally binding contract. It may change as the Service changes, and you agree you will review it and any updates regularly.
- Binding Agreement. These Terms constitute a binding agreement between you and Pakotec Productions d/b/a PluginPlay and its affiliates and subsidiaries ("PluginPlay," "we," "us"). "You" and "Users" shall mean all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service.
- Revisions to Terms. We may revise these Terms at any time by Posting an updated version. Revisions to the Terms are effective upon Posting. The Terms will be identified as of the most recent date of revision. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms. Notwithstanding the preceding sentences of this Section 1.b, no revisions to these Terms will apply to any dispute between you and PluginPlay that arose prior to the date of such revision.
- Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age. If you are under 18 years of age, you affirm that you possess the legal consent of your parent or guardian to access and use the Service.
- The terms "Post" and "Posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.
- The term "Released Parties" include PluginPlay and its affiliates, officers, employees, agents, service providers, partners, and licensors.
- Account Creation and Use by an Agent
You represent and warrant that if you create an account and use the Service on behalf of a business entity (e.g., corporation), you have the authority to bind the business entity in legal agreements and contracts and, by using the Service, hereby bind such business entity to these Terms.
- The Service
- The "Service" means the website located at www.pluginplay.co and any associated software, applications, including mobile applications, and Internet services under PluginPlay's control, whether partial or otherwise, used in connection with providing the services provided by PluginPlay. The Service is currently a beta, and your use of a release version of the Service will be subject to a revised version of these Terms. These Terms are entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
- If you choose to access the Service through a mobile device, you are responsible for all charges, including data fees, from your wireless service carrier.
- Third-Party Services.
We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.
The Service may link to websites owned by third parties ("Third Party Sites") to facilitate its provision of services to you. If you use these links, you will leave the Service. PluginPlay is not responsible for these Third Party Sites, whether or not PluginPlay is affiliated with such Third Party Sites. Through our use, we do not endorse the organizations sponsoring such Third Party Sites or their products or services. You agree that PluginPlay is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a Third Party Site or as a result of the presence of any third-party advertising on the Service.
- Your Account
If you create an account, you are responsible for your log-in credentials and for keeping your information accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
- To use some parts of the Service, you must create an account by providing a valid email address, username, password and other information as prompted by the registration form. When registering, you are prohibited from (i) selecting or using as a username a name of another person with the intent to impersonate that person; (ii) using as a username a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) using as a username a name that is otherwise offensive, vulgar or obscene. We reserve the right to reject any username or to terminate your username and give such username to another user of the Service in our sole discretion, and without any liability to you. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
- Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at firstname.lastname@example.org if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
PluginPlay may communicate with you by email or Posting notice on the Service. You may request that we provide notice of security breaches in writing.
- You agree to receive email from us at the email address you provided to us for customer service-related purposes.
- Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.
- PluginPlay's Content Ownership and Use
PluginPlay owns all of the content we create, but you may use it while you use the Service. You cannot use our logo without our written permission.
- The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and PluginPlay content (collectively, "PluginPlay Content"). All PluginPlay Content and the compilation (meaning the collection, arrangement, and assembly) of all PluginPlay Content are the property of PluginPlay or its licensors and are protected under copyright, trademark, and other laws.
- License to You. We authorize you, subject to these Terms, to access and use the Service and the PluginPlay Content solely for the use of the services provided by PluginPlay, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the PluginPlay Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original PluginPlay Content on any copy you make of the PluginPlay Content.
- No Redistribute. PluginPlay Content, even if authorized for download from the Service, may not be redistributed for any commercial purpose without PluginPlay's prior written permission.
- No Implied Rights. There are no implied licenses granted in these Terms. All rights not granted herein are expressly reserved by PluginPlay and our licensors.
- PluginPlay Marks. PluginPlay, the PluginPlay logo, and other PluginPlay logos and product and service names are or may be trademarks of PluginPlay (the "PluginPlay Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the PluginPlay Marks.
- Intellectual Property Policy
PluginPlay respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
- Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.
We appreciate hearing from our Users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials ("Creative Ideas"), we shall:
- Have a perpetual, irrevocable, non-exclusive right in and to any Creative Ideas and shall own exclusive any derivative works based upon your Creative Ideas created by or for us;
- Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
- Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Use Prohibitions
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
- Frame or link to the Service without permission;
- Use data mining, robots, or other data gathering devices on or through the Service;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Disclose personal information about another person or harass, abuse, or post objectionable material;
- Sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
- Post advertising or marketing links or content, except as specifically allowed by these Terms;
- Use the Service after your account has been terminated, without our consent;
- Use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to PluginPlay or others;
- Access the Service from a jurisdiction where it is illegal or unauthorized;
- Reproduce any part of the Service;
- Post any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except as permitted by these Terms, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by PluginPlay;
- Solicit personal information from anyone under the age of 18; or
- Promote any criminal activity on the Service.
- Consequences of Violating These Terms
If you do not act appropriately, we may prohibit your use of the Service.
- We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.
- You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
- PluginPlay's Liability
We are not liable for the actions of our Users when they use the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.
- Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
- User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release PluginPlay of all claims, demands, and damages in disputes among Users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
- Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
- Third-Party Sites. You are responsible for evaluating whether you want to access or use any Third Party Site. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on any Third Party Site. You assume all risk and we disclaim all liability arising from your use of them.
- We make no promises and disclaim all liability of specific results from the use of the Service.
- Disclaimer of warranties
You use the Service at your own risk. We make no warranties or guarantees.
You expressly understand and agree that:
Your use of the service is at your sole risk, and the service is provided on an "as is" and "as available" basis and the released parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services offered by businesses listed on the service, implied warranties of merchantability, fitness for a particular purpose, and non-infringement
The released parties make no warranty that:
The service will meet your requirements
The service will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the use of the service will be accurate or reliable
The quality of any goods or service available on the service will meet your expectations and any errors in the service will be corrected
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.
- Limitation of liability and indemnification
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. You may be responsible for our legal fees and costs arising out of your use of the Service.
You expressly understand and agree that the released parties shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PluginPlay has been advised of the possibility of such damages), resulting from:
The use or the inability to use the service
The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the service
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any user or third party on the service
Your reliance on content made available by us or any other matter relating to the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
To the fullest extent possible by law, our maximum liability arising out of or in connection with the service or your use of content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any PluginPlay Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
- General Terms
These Terms constitute the entire agreement between you and PluginPlay concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections 7 (PluginPlay's Content Ownership and Use), 8 (Intellectual Property Policy), 9 (Suggestions and Submissions), 10 (Use Prohibitions), 11 (Consequences of Violating these Terms), 12 (PluginPlay's Liability), 15 (General Terms), and 16 (Arbitration, Class Waiver, and Waiver of Jury Trial).
- Arbitration, Class Waiver, and Waiver of Jury Trial
- These Terms and the relationship between you and PluginPlay shall be governed by the laws of Israel without regard to its conflict of law provisions.
- Any such arbitration between you and PluginPlay, to the extent necessary, shall be conducted in Tel Aviv-Jaffa, Israel, and you waive any right to claim that such location is an inconvenient forum. You covenant not to sue PluginPlay in any other forum.
- The arbitration shall be conducted in the Hebrew language. You and PluginPlay agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim.
- You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
- You are giving up your right to have a trial by jury;
- You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- You must file any claim within one (1) year after such claim arose or it is forever barred.