PlumWillow Terms of Service

PlumWillow.com (the "Site") is owned and operated by PlumWillow, Inc. (hereafter "PlumWillow", "us", "our", "we"). These Terms of Service ("TOS") govern your access and use of the Site, including, but not limited to, any information, text, graphics, or other materials uploaded, downloaded or appearing on the Site (collectively referred to as "Content"). "You" or "Your" means an adult user of the Site, or as the parent or guardian of any minor whom you allow access the Site, and for whom you will be held strictly responsible.

PlumWillow does not accept registration from users who are under 13 years of age, in compliance with the Children's Online Privacy Protection Act of 1998. By visiting and contributing to content on PlumWillow, you attest that you are at least 13 years old.

Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content and services available through the PlumWillow.com domain name), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TOSAND THE TERMS AND CONDITIONS OF PLUMWILLOW'S PRIVACY NOTICE (www.plumwillow.com/plum/privacy) AND WHICH ARE INCORPORATED HERIN BY REFERENCE. Changes may be made to these TOS from time to time. Your continued use of the site will be deemed acceptance to amended or updated terms. If you do not agree to any of these terms, please do not use the PlumWillow.com website.

Limited License

PlumWillow grants you a limited license to access and use the Site subject to these TOS for your personal use only. You acknowledge that PlumWillow may, in its sole discretion and at any time, discontinue providing any part of the Site without notice.

Use of the Website

Items and Content you post or make available on the Site may be available to the public and shall not be considered confidential. Content you submit, post or display may be viewable by other users of the Site and through third party services and websites. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive sublicense to use, reproduce, create derivative works of, display, modify publicly display, transfer, transmit, distribute and publish Content you have created on the Site. PLUMWILLOW DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND PLUMWILLOW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

Content on the Site may contain descriptions or pictures of clothing items or other products, including for commercial sale. In addition, the Site may provide you with the opportunity to share such descriptions or pictures of clothing items or other products with other users, including the users of other third party websites. In such event, the Site will direct you how to share such Content. PlumWillow attempts to be as accurate as possible. HOWEVER, PLUMWILLOW DOES NOT WARRANT THAT ANY ITEM OR PRODUCT DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IN ADDITION, PLUMWILLOW CANNOT AND DOES NOT ACCEPT ANY RESPONSBILITY IN REGARDS OF ITEMS OR OUTFITS THAT YOU CHOOSE TO SHARE WITH OTHER USERS OR THROUGH THIRD PARTY WEBSITES. We reserve the right to correct any errors, inaccuracies or omissions and to change or update item or Content information at any time without prior notice (including after you have submitted an order). Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

PlumWillow may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that PlumWillow reserves the right to treat user Content as content stored at the direction of users for which PlumWillow will not exercise editorial control except when violations are directly brought to PlumWillow's attention. PlumWillow has the right to edit, delete, distort or move user Content from the Site without notice for any reason at any time. Additionally, PlumWillow has the right to refuse to transmit, post or broadcast any user Content without notice for any reason at any time.

In order to use certain parts of the Site, you may be asked to supply certain personal information. PlumWillow will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and kept current. Please note that, while we seek to have the companies with which we do business observe the spirit of our Privacy Policy, we cannot be responsible for what they do with personal information that you provide. It also is possible for others to obtain personal information about you due to your use of the Site, including any Content that you may choose to make available. Anyone receiving Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Site or through any Content. Please carefully select the type of information that you post on the Site or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS).

You are responsible for all use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to that your account has been compromised, and have requested us to block access to it. PlumWillow will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold PlumWillow harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. You agree to immediately notify PlumWillow of any unauthorized use of your PlumWillow account or password by sending an email to . We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

The software and technology underlying the Site is the property of PlumWillow, and you may not do or attempt to do any of the following:

Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content;
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site (including without limitation, for the purpose of obtaining unauthorized access to our Site) without our prior written authorization, including framing or mirroring any part of the site;
"Deep link" to the Site or any Content on it, unless such link was provided to you for that purpose by the site;
Harvest, collect or mine information about other users of the Site;
Create a database by systematically downloading and storing all or any of the Content on the Site; or
Use or access another user's account or password without permission

PlumWillow may permit the user to choose a username and/or upload or submit images and content from the web. You may not upload Content that is obscene, abusive, indecent or may otherwise subject us to public disparagement or scorn. We reserve the right, without prior notice to you, to automatically change your username, delete your Content, deny you access to our Site, or any combination of these actions.

If PlumWillow believes, in its sole discretion, that a violation of these TOS or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these TOS or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these TOS or to have engaged in illegal behavior on the Site. You may request termination of your PlumWillow account at any time and for any reason by sending an email to . Any suspension, termination, or cancellation shall not affect your obligations to PlumWillow under these TOS (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

User Content

You are solely responsible for your use of the Site and any Content you post or transmit to the Site or to another user in the course of using the site. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in such Content, and represent and warrant that such Content complies with all applicable law and does not infringe third party intellectual property rights. PlumWillow reserves the right, at its sole discretion, to remove any Content or delete an account, without prior permission to users, that may violate the TOS at any time.

PlumWillow does not claim ownership of your Content. However, the Content you make available to publicly available areas of the Site automatically grants PlumWillow a non-exclusive, royalty-free, perpetual, and transferable license of all worldwide rights to use, edit, modify, include, incorporate, adapt, prepare derivate works of, publicly display and perform, record and reproduce such Content including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all language, in all media now known or hereafter created, and to use such Content in advertising, promotion and publicity for the Site, PlumWillow and its products and services, or any items, products or services displayed in the Site, in all media now known or hereafter created.

Without limiting the foregoing, you agree that you will not use the Site in any manner or transmit any Content that:

Restricts or inhibits use of the Site;
Uses any account or password without prior permission;
Obtains or solicits another person's password or other personal information under false pretenses;
Impersonates another user or otherwise misrepresenting yourself in any manner, whether to another user, to us, or otherwise;
Violates the legal rights of others, including defaming, abuse, stalking or threatening users;
Infringes (or results in the infringement of) PlumWillow's or any third party's intellectual property or other rights;
Is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, "applicable" refers to both your own location and to location(s) of all other parties to the transaction; or would cause PlumWillow to be in violation of any law or regulation, or to infringe any right of any third party;
Publishes falsehoods or misrepresentations that may damage PlumWillow or any third party;
Involves gambling activities, or the payment or acceptance of payments relating to gambling activities;
Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on our site;
Disrupt, interfere or harm our Site, servers or networks;
Imposes an unreasonably or disproportionately large load on our infrastructure; or
Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:
Material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity);
Material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening;
Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor;
Any virus, worm, Trojan horse, or other harmful or disruptive component; or
Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
In addition, you may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.

PlumWillow does not endorse any Content or any opinion, recommendation, or advice expressed therein, and PlumWillow expressly disclaims any and all liability in connection with Content.

Intellectual Property

PlumWillow and its licensors own the Site, including all worldwide intellectual property rights in the Site and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site or Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, or trade name of PlumWillow or any third party.

PlumWillow does not permit copyright infringement or infringement of intellectual property rights on its Site. We will remove all Content if properly notified of these infringements, and may do so at our sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under US copyright law. Users may need to obtain authorization of the owner of these materials for use of any other purpose other than viewing on the web. To obtain authorization, please contact the image owner as indicated on the source site, and not PlumWillow. PlumWillow is unable to give authorization to use copyrighted images. PlumWillow accepts no responsibility or liability for the content of any Content or otherwise linked to by the Site's services, or for the user's use of such Content. We reserve the right to remove any content without prior notice to you, any other user, or any third party.

If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. If you need to contact us for any other reason, please use our Contact Us section www.plumwillow.com/plum/contact

Content on the Site come from a variety of sources. You understand that PlumWillow is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to Content. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against PlumWillow with respect to thereto, and agree to indemnify and hold PlumWillow, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters to your use of the site.

Content Linked to by PlumWillow

Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items or products. PlumWillow takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. We have no control over third-party sites, and all use of third-party sites is at your own risk. PlumWillow is not responsible for content or services available by means of such sites. Additionally, PlumWillow cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. PlumWillow does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Disclaimer

Your use of any aspect of the site is at your own risk. Neither PlumWillow nor any of its affiliates will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, special or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with:

Your use of (or inability to use) the Site or any Site component, including Content and any transactions that involve the Site;
Any material available (or intended to be available) on or by means of the Site or information or advice received by means of the Site;
Any error or omission of PlumWillow, or any act or omission of any third party;
Any error, delay, interruption, operational problem, unavailability, or failure in the Site, any site component, or any directly or indirectly related equipment, system, programming, or network (including the internet);
Any breach of security involving the Site or your account; or
Any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL PLUMWILLOW'S CUMULATIVE LIABILITY TO YOU EXCEED US $100.

PlumWillow: (a) makes no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on the Site, or any advice or information obtained by means of the Site, including without limitation the Content; and (b) will not be liable or responsible for any typographical or other errors, or any omissions, in anything available on the Site and Content (regardless of the cause or party responsible), or for any resulting damages.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TOS, EVERYTHING AVAILABLE ON THE SITE OR BY MEANS OF THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND PLUMWILLOW EXPRESSLY DISCLAIMS ALL SUCH EXPRESS OR IMPLIED WARRANTIES. No advice or information, whether oral or written, obtained by you from PlumWillow, shall create any warranty not expressly stated in these TOS. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

PlumWillow has implemented a ranking system with respect to certain elements of the Site. Rankings are determined using user review as processed using certain algorithms. In order improve functionality of the rankings and the Site, we may modify these algorithms, and you understand that these modifications may result in somewhat modified rankings even in absence of new user review. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You agree to indemnify, defend, and hold harmless PlumWillow and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from: (a) breach of these TOS by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Trademark

You acknowledge that the Site and all of its contents and components are copyrighted, and that, except for a single copy for your personal use only, you may not copy, resell, or redistribute any part of the Site in any manner without the express written permission of the owner(s). All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, or trade name of PlumWillow or any third party.

Miscellaneous

These TOS shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these TOS or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action against PlumWillow must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these TOS is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these TOS shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and PlumWillow or enables you to act on behalf of PlumWillow. Except as may be expressly stated in these TOS, these TOS constitute the entire agreement between PlumWillow and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

We may at any time, without prior notice: (a) cancel any user account, or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees or time for sessions is calculated); or (d) assign any and all of our rights under these TOS to any other entity. These TOS will bind and inure to the benefit of each party's permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.

Nothing contained in these terms shall be construed to limit the actions or remedies available to PlumWillow with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and PlumWillow reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These TOS are for the benefit of PlumWillow (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These TOS supersede any prior agreements between you and PlumWillow with regard to your use of the Site. We may assign our rights under these terms to any third party.

PlumWillow