Terms of Service
Introduction
These Terms of Service (“TOS”) contain important information; please read them carefully. We also encourage you to review our Privacy Policy. By using this Site or clicking the ACCEPT button you hereby agree to the terms of our Privacy Policy. PlumWillow Inc. (“PlumWillow”, “us”, or “we”) provides the PlumWillow site (the “Site”) subject to your compliance with these Terms of Service. By using the Site, you are entering into a legal agreement with PlumWillow. If you do not wish to be bound by the TOS, please exit the Site now. Your sole remedy for dissatisfaction with the Site, or anything available on the Site, is to stop using the Site or the particular services. PlumWillow may amend these TOS from time to time by updating this page. Your continued use of the Site after revisions have been made will indicate your acceptance of the revised TOS. It is your responsibility to review these TOS for any changes. Please bookmark and periodically review this page for updates to ensure that you are familiar with the most current version. A link to this page appears on most Site pages. You acknowledge and agree that by clicking on the ACCEPT button, or similar buttons or links as may be designated by PlumWillow, to show your approval of these TOS or by using the Site, you are entering into a legally binding contract with PlumWillow. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Site. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable mandatory law, which require an original (non-electronic) signature or delivery or retention of non-electronic records. You also agree that anyone who uses the Site on your computer also abides by these TOS.
Use of the Site
While we use reasonable efforts to include accurate and up-to-date information posted on the Site, under no circumstances will PlumWillow be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on or through the Site. (If you notice an error, please contact us through our Contact Us section.) We may refuse to display, or may remove at any time, without notice or liability, any information or material, in whole or in part, that we determine in our sole discretion to be unacceptable, inappropriate, offensive, or in violation of these TOS. Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. 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. 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. You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or to another 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 the Submissions. You further undertake not to transmit to the Site any unauthorized Submission of any other person, not to transmit any Submissions in violation of any applicable law or regulation, and not to act in any way whatsoever, which tends, has the effect or is likely to have the effect of violating the privacy of any person. PlumWillow will cooperate with law enforcement authorities or court orders directing PlumWillow to disclose account information relating to origin of any Submission. These TOS do not affect the copyright ownership of your Submissions. You automatically grant PlumWillow a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce Submissions 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 the Submissions in advertising, promotion and publicity for the Site, PlumWillow and its products and services, in all media now known or hereafter created. In addition, you represent and warrant that you are entitled to enter into these TOS and that you waive any moral rights in Submissions. To be clear, any rights you grant us do not change your ownership rights in Submissions. 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. You are responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify PlumWillow of any unauthorized use of your account. Protect your password — remember that you are responsible for all use of your account. PlumWillow personnel will never ask you for your password. You understand that PlumWillow cannot guarantee the confidentiality of any Submissions.
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: (a) your use of (or inability to use) the site or any site component, including Submissions and any transactions that involve the site; (b) 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; (c) any error or omission of PlumWillow, or any act or omission of any third party; (d) 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); (e) any breach of security involving the Site or your account; or (f) 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. 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 Submissions; and (b) will not be liable or responsible for any typographical or other errors, or any omissions, in anything available on the Site and Submissions (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. PlumWillow does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and PlumWillow expressly disclaims any and all liability in connection with Submissions. We reserve the right to determine whether any Submission complies with these TOS. 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.
Code of Conduct
You agree to abide by the following Code of Conduct. You are responsible for all use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us by mail (PlumWillow, Inc, 50 W. 77th Street, 3-B, New York, NY 10024, United States) that your account has been compromised, and have requested us to block access to it. Failure to abide by this Code of Conduct or the TOS is grounds for immediate limitation or termination of your account without notice, and, in certain cases, can subject you to civil or criminal penalties. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site. You may not use the Site in any manner or transmit any Submission that: 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. You may not publish falsehoods or misrepresentations that may damage PlumWillow or any third party. Gambling activities, or the payment or acceptance of payments relating to gambling activities, are expressly prohibited. You may not transmit any Submission and may not use the Site to post, store, transmit, offer, or solicit 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. You may not do (or attempt to do) any of the following in connection with the Site:
· Restrict or inhibit use of the Site. This includes: (a) using any account without the owner’s permission; (b) obtaining or soliciting another person’s password or other personal information under false pretenses; or (c) impersonating another user or otherwise misrepresenting yourself in any manner, whether to another user, to us, or otherwise.
· Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorized to access.
· Misuse any email function available on the Site. This includes: (a) sending unsolicited commercial email that causes complaints from the recipients; (b) continuing to send commercial email to a recipient who has requested that you discontinue such communication; (c) sending bulk emails, “spam”, chain letters, “mail bombs”, or other disruptive transmissions; or (d) forging message headers or otherwise concealing an email address or preventing others sending a response to a actual sender of a message.
· Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without our prior written authorization. This includes framing or mirroring any part of the Site.
· Remove any copyright, trademark, or other proprietary rights notice contained in any Submission.
· Use any robot, spider, site search or retrieval application, or 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 Submission
· “Deep link” to the Site or any Submission, 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 Submissions on the Site.
Copyright and 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. Copyright Owners’ Rights under the Digital Millennium Copyright Act Of 1998: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. 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.
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. You affirm that you are either more than 13years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these TOS. In any case, you affirm that you are over the age of 13, as the Site is not targeted to children (people under13 years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on the Site, they are for use or purchase by adults. If you are under 13, please do not register. 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); and (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.
