PLENTIE TERMS OF SERVICE
When you sign up to use Plentie you will be asked to confirm that you agree with these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes (including the effective date) to our Site so please revisit them every so often because we will assume that you agree with them if you continue to use Plentie.
• This Statement makes up the entire agreement between the parties regarding Plentie, and supersedes any prior agreements. Any amendment to or waiver of this Statement must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Statement shall prevent us from complying with the law.
• This Statement does not confer any third party beneficiary rights.
• You will comply with all applicable laws when using or accessing Plentie.
When you download Plentie, you will be asked to create a Plentie account (“Account”) by registering with your email address and password or using your Facebook login. You can also connect to third party social networks supported by us (e.g. Facebook) to use certain features, such as connecting with friends, chatting with friends, etc. Connecting to a third party social network service is subject to your compliance with these Terms as well as any terms of the third party service provider.
When you register with Plentie we create a profile for you according to your preference settings. Your settings may result in your profile being public and/or your agreeing to share content you’ve posted with friends and/or others, in which case, your name and other material you post will become visible to others.
Please only upload data that is true, accurate, complete and up-to-date. You are responsible for all activity that occurs under your Account so please keep any password confidential and access to your computer or access device secure. You must notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or login details.
When you register on the Site, you will create a new password for use with your account. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.
To increase the security of your account, the following are some commitments you make us:
• You will not use Plentie if you are under 13 (+17 recommended) years of age.
• You will avoid creating more than one personal account on Plentie.
• You will not use your personal account for your own commercial gain.
• You allow Plentie to reclaim a username that we think belongs more appropriately to someone else (e.g., for trademark reasons).
CONTENT – USER GENERATED CONTENT
Plentie is set up to display content generated by users (“User Generated Content”). We don’t review, and cannot review, all of the content accessible via Plentie, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. Plentie may (but hopefully won’t) display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Each user chooses, and is responsible for, the content that is uploaded via Plentie, and your access of User Generated Content is solely at your own risk.
If you submit content to or via Plentie, you agree to the following:
(a) you will only upload content that you own or are permitted to upload having obtained the necessary license or permission to use it, as well as the right to sublicense the content to us, without limitation;
(b) you grant us a revocable, non-exclusive, royalty-free, worldwide and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content you upload to Plentie, including the right to sub-license use of the content, in any medium or method, whether now known or hereafter devised;
(c) you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights;
(d) you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via Plentie;
(e) you will not upload another person’s sensitive personal data without their consent;
(f) you will not upload any content which you know is false, or is defamatory, libellous, deceptive, invasive of another’s privacy, tortious, pornographic, profane, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate, or contains or depicts nudity or sexual activity; and
(g) you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.
If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use Plentie.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.
While we are very appreciative of the user-generated content you will provide, we do not compensate users for such content creation.
If you delete your profile from our site, then we will remove all association between you and your recommendations, suggestions, notes, stories and other user-generated content; the content itself will remain available on an anonymous basis (unless explicitly requested by writing to our staff at privacy@Plentie.net).
CONTENT PROVIDED BY PLENTIE
All IP rights in Plentie are our property, or the property of our affiliates or partners. So please don’t take these Terms as giving you the right to use any trademarks, images or logos of Plentie or our affiliates or partners because none can be reproduced or used without written permission.
When you access Plentie you agree not to do any of the following things (nor allow anyone else to do them) in relation to any content provided in Plentie where “content” includes any programming (or other IP) owned or distributed by us or our partners as well any digital media player provided in Plentie, clips, advertisements, graphics and characters:
(a) modifying or using any content otherwise than as allowed under these Terms;
(b) using, marketing or re-distributing any content through any software application other than Plentie;
(c) downloading, re-transmitting, reproducing or storing the content on any device or media (other than for any brief periods of time necessary for streaming of any content); and/or
(d) reformatting, optimising or customising the content for display, distribution or transmission.
ADVERTISING AND COOKIES
Plentie may deliver advertising in the form of banners, paid links, coupons, promotions, sponsorship graphics or other means to you via our App, Site or via other third-party services and websites (“Advertising”). We may use “cookies” (as outlined in our Privacy and Cookies Policy) to improve our service, to make your experience more personalized, and to make advertising more relevant to you. Our Advertising may be contextual, that is related to your location, your use of the App over time, or based on other information you have provided to Plentie or has been provided to us by third parties or is ascertainable from your user profile.
THIRD PARTY SITES AND APPS
Plentie will enable you to access other apps and sites (e.g. Facebook, Wikipedia). Even though these apps and sites are accessible via Plentie, they are not owned or controlled by us. As a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of, with regard to such third party apps and sites, what you experience, the content you access, what impact that content has on you, or any dealings between you and these third parties or the failure of third party apps or sites to function properly.
Please also note that the inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by Plentie of the site or app and/or its contents.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Plentie will investigate notices of copyright infringement. If you are a copyright holder who believes that any of the products, services or content which are directly available via Plentie are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be emailed to us at info@Plentie.net. A notification of claimed copyright infringement must include the following: (a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; (b) Specific identification of each copyrighted work claimed to have been infringed, including if applicable, the Copyright Registration Certificate Number; (c) A description of where the material believed to be infringed is located on Plentie (please be as detailed as possible and provide a URL to help us locate the material you are reporting); (d) contact information for the complaining party, such as a complete name, address, telephone number, and email address; (e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once we receive a notification of infringement, it is our policy to remove any infringing content and terminate the accounts of repeat infringers. Upon receipt of a written notice containing the information and statements specified in the previous paragraph we will promptly (a) disable or remove access to the material that is alleged to be infringing, (b) forward the written notification to such alleged infringer (“Infringement Notification Recipient”), (c) and take reasonable steps to notify such Infringement Notification Recipient that we have removed or disabled access to the materials, and that such Infringement Notification Recipient has the right to file a counter-notification.
You will only upload, post, submit or otherwise transmit User-Generated Content: that you have the lawful right to use, copy, distribute, transmit, or display; and that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). We will in appropriate circumstances terminate the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
To be effective, a Counter Notification must be a written communication provided by an Infringement Notification Recipient to Plentie by email that includes substantially the following:
* A physical or electronic signature of the Infringement Notification Recipient;
* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
* A statement under penalty of perjury that the Infringement Notification Recipient has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
* The Infringement Notification Recipient’s name, address, and telephone number, and a statement that the Infringement Notification Recipient consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Infringement Notification Recipient ‘s address is outside of the United States, for any judicial district in which Plentie may be found, and that the Notification Recipient will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
* Plentie shall promptly provide the complaining party, with a copy of the Counter Notification;
* Plentie shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
* Plentie shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Plentie’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain the Infringement Notification Recipient from engaging in infringing activity relating to the material on Plentie’s network or system.
DEVELOPERS & OPERATORS USING PLENTIE’S APPLICATION PROGRAMMING INTERFACES (API’S) – PLENTIE API’S
If you are a developer or an operator of a website, a mobile application or another type of platform application (from now defiled as ‘integrator’) and you decide to use Plentie’s API (also referred to as “Plentie Link”), first and foremost we ask you to respect all Plentie users who trust our company and services and to never take advantage of this trust by providing services that are not aimed at improving their experience thanks to the access to Plentie data and information.
Additionally, in the aforementioned case of you being an ‘integrator’, the following terms of service will apply to you:
1. You are responsible for the service you provide to your users
2. You are responsible for the application you provide to your users and its related content
3. You are responsible to abide to all Terms&Conditions required for the use of Plentie Link and will also respect the Privacy Policies for all Plentie users
5. You will abide to your Privacy Polity and hence will not share, publish or transfer to any third-party data in a way inconsistent with your Privacy Policies
6. You will request from Plentie Link only data that enable to operate your application and would be required to improve the user’s experience and service provided by your application.
7. You will not transfer any data received from Plentie (directly or indirectly) to third party services related to online or offline advertising services (e.g., ad networks, demand platforms, real-time bidding platforms, etc.)
8. You will provide to users a system to request deletion of data related to their accounts and you wil delete immediately all data related to a user requesting such action
9. You will not sell user data receive from Plentie: either in individual nor aggregate form.
10. You will not sell, transfer or sub-license our API’s or other code belonging to Plentie to anyone
11. You will provide the users with an easy way to disconnect from your application
12. We do not guarantee that Plentie Link (or other API’s) will remain free in the future.
13. We require the right to audit your application.
14. We may analyze your application and its integration with Plentie Link, for multiple purposes, including helping provide a better service for your users in relation to Plentie’s integration or delivering commercial messages to your users.
15. We may provide commercial content to you through Plentie Link, if we believe it would be beneficial for the user.
16. Please do not mis-represent with others the relationship we have thanks to the use of Plentie Link. We are very happy to develop communication plans or press-releases in collaboration, or we will still be honored of you wanting to talk about us, but please always represent clearly our current collaboration. Furthermore, please use our current logos or request such marketing material to partners [at] Plentie dot com.
17. We may issue a press release describing accurately our relationship with you.
18. We will have the right to request that you delete all data you received from Plentie, if we determine that you are using Plentie Link without respecting these policies or not servicing the user a valuable service.
Plentie reserves the right to terminate the account of, or block access to Plentie for, any Infringement Notification Recipient who has been alleged to infringe copyrights.
We will do our best to ensure plentie runs smoothly, but we cannot give any guarantees that it always will (particularly given that we rely on third parties in providing plentie to you). plentie is provided “as is” and, to the maximum extent permitted by law, we, and on behalf of our affiliates, licensors and suppliers, expressly disclaim all warranties (express or implied), including without limitation:
(a) warranties of title, merchantability, fitness for a particular purpose, any warranties implied by course of performance or usage of trade, and non-infringement;
(b) that plentie will be available, accessible, uninterrupted, timely, secure, complete, virus-free or error-free;
(c) that content displayed or obtained via plentie will be accurate or reliable or that any defects or errors will be corrected; and
(d) that the results of using plentie will meet your requirements.
in no event will plentie, or its licensors, suppliers or affiliates, be liable, to the extent permitted by law, with respect to any subject matter of these terms under any contract, tort, negligence, strict liability or other legal or equitable theory with respect to plentie for:
(a) any special, indirect, incidental, punitive, compensatory, or consequential damages;
(b) any lost profits or the cost of procurement of substitute products or services;
(c) for interruption of use or loss or corruption of data;
(d) for business losses or losses to non-consumers;
(e) personal injury or property damage related to use of plentie;
(f) any loss or damage arising from user generated content (as set out above) or any actions or omissions that you take in reliance upon it;
(g) any failure or delay due to matters beyond our reasonable control; or
(h) any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
you agree that your only right with respect to any problems or dissatisfaction with plentie is to discontinue any use of our site and/or our app.
if for any reason, you do bring a claim or cause of action arising out of or related to your use of plentie, you agree that our liability to you shall not exceed $50.
you agree to indemnify and hold harmless plentie, our contractors, and our licensors, suppliers, and affiliates, and all respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of, misuse of, or access to plentie, or any content therein, including but not limited to out of your (or any third party using your account or identity on plentie) breach of these terms or the terms of any third party login service. we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, Plentie Content, Services, and Applications contained therein. The Site, Plentie Content, Services, and Applications are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, Plentie Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Plentie or related products and services. Other than explicitly stated herein, you may not make any commercial use of the Site, Plentie Content and Services without Plentie's prior written approval (if interested in commercial use of the Site, its content and services, please contact us partnerships@Plentie.net).
CHANGES TO THESE TERMS
We may revise these Terms of Service from time to time. The most current version of the Terms will always be available atwww.Plentie.net/terms. If we make a change to these Terms that, in our sole discretion, is material, we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.