These Terms of Service (“Terms”) governs our relationship with users and others who interact with “PlugThat” (as defined below). By accessing or otherwise using PlugThat, you agree to these Terms.
If you have questions regarding the Terms, suggestions, or other feedback, you may complete our feedback form or contact us at:
PlugThat Inc
500 N. Rainbow Blvd. Ste 300 A
Las Vegas, Nevada 89107
[COMPANYPHONE]
Table of Contents
1 General
1.1 Eligibility
1.1.1 Password
2.1 Online Conduct
4 Intellectual Property Rights
4.1 Your Rights
4.1.1 Intellectual Property Rights Infringement
4.1.2 Intellectual Property Rights Infringement Appeal
6 Contests
6.2 Contest Entries
6.3 Jurisdiction
7 Privacy
7.1.1 Children
7.2 Information Use and Disclosure
7.2.1 Talent Information
8.3 Indemnity
8.4 Disputes
8.4.1 Member Disputes
10 Other
11 Definitions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of PlugThat agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use PlugThat. By using PlugThat, you agree to be bound by these Terms, whether you are a “Visitor” or “Member” (as defined below).
You are only authorized to use PlugThat (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. If you do not agree with these Terms, you should leave PlugThat and discontinue use of PlugThat immediately. If you wish to become a Member, you must read and indicate your acceptance of these Terms during “Registration” (as defined below).
We may modify these Terms from time to time and such modification shall be effective upon posting on PlugThat. You agree to be bound to any changes to these Terms when you use PlugThat after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
Use of PlugThat is void where prohibited. By accessing or otherwise using PlugThat, you agree to be legally bound and to abide by these Terms; all Registration information you submit is truthful and accurate; and that you have the authority and capacity to enter into this agreement.
You will not create more than one account. If your account is deleted or disabled you will not create another account without our express permission. You will not transfer your account to, or allow your account to be used by anyone else.
If you are not 18 years of age: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to become a Member with both your and their full understanding of these Terms. By accessing or otherwise using PlugThat, you are agreeing that you and your parent or guardian have joined in this agreement.
If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their children's online activities. If you do not agree to these Terms, do not let your child use PlugThat. If you have further questions about PlugThat please complete our feedback form. If you are the parent or guardian of a child under 13 and believe that he or she is using PlugThat, please complete our feedback form.
We may delete your profile and account, and terminate your Membership without warning, if we believe that you are under 13 years of age.
During Registration, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You will not post content or take any action on PlugThat that infringes or violates someone else's rights or otherwise violates any applicable law or regulation. Appropriate legal action will be taken for any illegal or unauthorized use of PlugThat.
You are solely responsible for the content or information you post on PlugThat, or transmit to other Members. You will not post on PlugThat, or transmit to other Members, or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use PlugThat in a manner consistent with any and all applicable laws and regulations. You will not include in your profile, any offensive anatomical, sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. We reserve the right, but have no obligation, to reject or delete any profile or content that does not comply with these prohibitions.
PlugThat is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through PlugThat.
Illegal and/or unauthorized use of PlugThat, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PlugThat website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Membership.
We may delete any content that in our sole judgment violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
We assume no responsibility for monitoring PlugThat for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor PlugThat, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the Member submitting any such content.
Opinions, advice, statements, offers, or other information or content made available on PlugThat are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information posted on PlugThat. It neither adopts nor endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information, or other content posted on PlugThat, or transmitted to our Members.
You represent and warrant that: (i) you own the content posted by you on PlugThat or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on PlugThat does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Except for content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on PlugThat. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you on PlugThat.
After posting your content to PlugThat, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By posting any content on PlugThat, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on PlugThat.
You may delete your content at any time, however, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). If we removed your content for
We are committed to protecting the intellectual property (“IP”) of third parties. We remove infringing content which is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA. You may report copyright and other IP infringements by sending a notice to our Designated DMCA Agent. We will process notices of alleged infringement which it receives and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement are sent to this site's Designated Agent who is:
[DMCAAGENT]
PlugThat Inc
500 N. Rainbow Blvd. Ste 300 A
Las Vegas, Nevada 89107
Email: [DMCAEMAIL]
Subject
Line: DMCA Copyright Infringement
Phone: [DMCAPHONE]
Fax:
[DMCAFAX]
To be effective, the notification must be in writing and contain substantially the following information (DMCA, 17 U.S.C. §512(c)(3) and §512(d)):
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and a statement, made 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.
We do not tolerate false claims of IP infringement. If you believe that content that you posted on the site was removed by mistake, you can file a DMCA counter-notice by sending a notice to our Designated DCMA Agent (see above). So long as everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.
From time to time we will select member information or content for use in our promotional advertisements across various media. We reserve the right to choose your information or content based on our sole and unfettered discretion.
You agree to release, discharge, and hold harmless PlugThat Inc, affiliates, subsidiaries, employees, sub-contractors, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, or damages arising out of your participation in our promotions or promotion-related activities.
Promotions are not to be confused with the various Contests (as defined below) which we run from time to time in which the winner(s) will be selected based on the criteria established in the Contest Rules (as defined below).
We do not rent, sell, or share your content or information with third party advertisers without your consent.
These Terms together with any specific rules set out in Contest Notices (as defined below) are the Contest Rules ("Rules") and apply to contests ("Contest") featured on PlugThat unless otherwise expressly stated. By entering a Contest, entrants agree to be bound by these Rules.
Rules specific to each Contest are displayed in a notice on the page for such Contest ("Contest Notice") and are incorporated into the Rules. In the event of discrepancy between these Terms and the Contest Notice, the Contest Notice shall prevail. We reserve the right to cancel or amend the Contest or the Rules. Any changes will be posted on the Contest Notice.
In the event of any dispute regarding the Rules, conduct, results and all other matters relating to a Contest, our decision shall be final and no correspondence or discussion shall be entered into.
Employees of PlugThat Inc and their immediate families, persons connected with the Contest and their immediate families are not eligible to enter the Contest. By entering the Contest, you hereby warrant that all information submitted by you is true, current and complete. We reserve the right to verify the eligibility of all entrants. Your profile information will be used to send any prizes so please make sure this is correct.
We reserve the right to disqualify any entrant if we have reasonable grounds to believe the entrant has breached any of the Rules. Contests are void where prohibited.
Anything you send us as part of or related to a Contest entry becomes our property, and you give us the broad permission to use your submission as we see fit. We may use your information or content submitted as part of a Content Entry to announce that you are the winner. Unless we post additional rules stating otherwise, you must be 13 years of age or older and a U.S. resident to participate. Any winners under the age of 18 will need a signed Affidavit of Parental Consent from a parent or guardian.
Only one entry per person per Contest is allowed (except where the Contest Notice states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified.
Contest entries must be made in the manner and by the closing date specified on the Contest Notice. Failure to do so will disqualify the entry. Proof of posting or emailing cannot be accepted as proof of delivery. We accept no responsibility for any lost or undelivered entries/posts.
Contest entries deemed offensive or inappropriate at our sole discretion will be disqualified and excluded or removed.
The Contest and Rules will be governed by the laws of the State of Michigan and any disputes will be subject to the exclusive jurisdiction of a state or federal court located in the State of Michigan, City of Kalamazoo.
We are not responsible for the use of your content or information by entities that we does not own or control, such as linked websites. We reserve the right, but have no obligation to monitor the materials posted on PlugThat. You remain solely responsible for the information and content you post, and any messages you send through the use of PlugThat.
When you Register on PlugThat you must provide us with your name, birth date, and email address. All other information is optional. If you choose to participate in our Promotions or Ad Revenue Sharing program, we may ask for additional information such as your phone number, address, and Social Security number.
We automatically receive and record information from your computer and browser, including your IP Address, PlugThat cookie information, software and hardware attributes, and the pages you request on PlugThat. We may collect information about you from other users, such as when a friend tags you in a photo or indicates a relationship with you.
We do not knowingly collect information from children under age 13. If you are under age 13, please do not attempt to Register on PlugThat or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please complete our feedback form.
We do not sell, rent, or share your content or information to any third party except when we have your consent, or have a good faith belief that such sharing is required by law. We use your information for the following purposes: to customize the advertising you see, improve our services, contact you, and make any payments owed to you from Promotions and/or Advertisement Revenue Sharing.
Your name, birth date, gender and most other profile information is visible to other users via your profile page. If you are not comfortable sharing this information (except your name and birth date which are required), do not provide it. Additionally, your contact information is not visible to other users at any time.
By default, we make certain information you have posted to your profile available in search results on PlugThat to help others find you. However, you can control who can see some of this information, as well as who can find you in searches, through your privacy settings.
If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the service can continue to operate. In such a case, your information would remain subject to the privacy policy outlined in these Terms.
Information which you provide in the form of a 'talent' on the website will be available to all members of PlugThat. This information includes but is not limited to any photos or videos you choose to associate with the talent using the form provided. We do this so that you are not required to make your entire profile open to all members in order to promote your talents to all members.
You may change or remove your profile information at any time. You may delete your profile at any time, if you do so it is permanently deleted from PlugThat along with any content you have posted. Removed and deleted information may persist in backup copies, but will not be available to others.
Use of the services is at your sole risk. All services provided by PlugThat are provided "as is" and on an "as available basis." Neither PlugThat Inc nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the services will be uninterrupted or error-free. Neither PlugThat Inc nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the services. PlugThat DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In no event will we be liable for any direct, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use PlugThat, even if we or our agents or representatives know or have been advised of the possibility of such damages. Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use of PlugThat during the term of Membership. In addition, we disclaim all liability, regardless of the form of action, for the acts or omissions of other Members or Users (including unauthorized users) of PlugThat. Certain jurisdictions limit the applicability of warranty, disclaimers, and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You will defend, indemnify, and hold harmless PlugThat Inc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of PlugThat, including without limitation any breach by you of these Terms.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or PlugThat exclusively in a state or federal court located in the State of Michigan, City of Kalamazoo. The laws of the State of Michigan will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Kalamazoo, Michigan, USA for the purpose of litigating all such claims.
Either PlugThat Inc or you may demand that any dispute between PlugThat Inc and you about or involving PlugThat must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in Kalamazoo, Michigan, USA, provided that the foregoing shall not prevent PlugThat from seeking injunctive relief in a court of competent jurisdiction.
If anyone brings a claim against us related to your actions, content or information on PlugThat, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of PlugThat to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or Membership at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 4 , 4.1 , 5.3 , and 8 - 11 .
These Terms are accepted upon your use of PlugThat and is further affirmed by you becoming a Member. These Terms constitute the entire agreement between you and PlugThat Inc regarding the use of PlugThat. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. PlugThat is a trademark of PlugThat Inc. These Terms operate to the fullest extent permissible by law. If any provision of these Terms are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You hereby acknowledge and agree that the we do not warrant or guarantee results deemed satisfactory to you. You hereby waive legal action against us on any legal basis absent fraud. You shall be responsible for all our costs and attorney fees if you do not prevail by being awarded a money judgment in a court of law in the State of Michigan.
By “PlugThat” we mean the features and services we make available through our website at PlugThat.com and any other PlugThat branded websites including mobile versions.
By “PlugThat Inc” we mean our corporation, PlugThat Inc. References to “us,” “we,” and “our” mean PlugThat Inc.
By “Visitor” we mean that you simply browse the PlugThat website.
By "Member" we mean that you have created an account on PlugThat.
By “User” we mean you are a either a Visitor or a Member.
By “Registration” we mean the process of filling out the sign-up form and agreeing to these Terms to become a Member.
By “information” we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on PlugThat that would not be included in the definition of "information."
By "post" we mean publish or display on PlugThat or otherwise make available to us or other Members of PlugThat.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.