|
|
Terms and Conditions of Use
Terms & Conditions The provisions of these Terms of Service set out the terms and conditions that are applicable to everyone who accesses or uses the Pluba's website and network available at www.Pluba.com (the "Service"). By accessing and using the Service (or any portion of it), you are indicating your agreement to be bound by and to adhere to the following provisions, including any schedules, exhibits and related materials that are attached and/or incorporated by reference (collectively, the "Service Terms"). The Service Terms apply between you and the owner of the Pluba's website (the "Network Owner"). They also give certain directly enforceable rights to the business that provides the Network Owner with technology infrastructure and hosting services for the Service (the "Technology Licensor"), although there is no direct contractual relationship between you and the Technology Licensor in relation to the Service.
The Network Owner expressly reserves the right to amend and otherwise modify the Service Terms (or any portion thereof) periodically without advance notice. Please check the Service Terms each time that you use the Service to ensure that you are aware of any changes to the Service Terms. The posted Service Terms will indicate the date on which they were last updated. Your continued use of the Service after the adoption and/or implementation of any such changes shall be deemed to indicate your acceptance and agreement with any and all such amendments and/or modifications. If you do not agree with any particular changes to the Service Terms and/or to the Service, your only remedy is not to use the Service and to cancel the account(s) for which you previously signed-up.
Disclaimer of Warranties Relating to the Service
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, including, without limitation, any implied warranties of merchantability, fitness for any particular purpose, title, or non-infringement. You acknowledge and agree that your use of the Service (or any part thereof) is entirely at your sole risk and expense.
The Network Owner does not guarantee or warrant that (i) the Service will be uninterrupted, timely provided, secure, or error-free; (ii) the results that may be obtained from any use of the Service will be accurate, complete or reliable; (iii) the Service will meet your expectations or specific requirements; (iv) the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the Service will meet your expectations; or (v) any errors confirmed to exist in the Service will be corrected.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE NETWORK OWNER NOR ANY OF ITS AFFILIATES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, CUSTOMERS, AGENTS OR REPRESENTATIVES OF THE NETWORK OWNER OR ANY OF ITS AFFILIATES, SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE AND/OR SOFTWARE), AND THE ENTIRE COST AND RISK OF YOUR USE OF THE SERVICE AND/OR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR REAL OR PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, YOU COMPUTER HARDWARE AND/OR SOFTWARE) RESIDES SOLELY AND EXCLUSIVELY WITH YOU.
You expressly acknowledge and agree that neither the Network Owner (or any of its affiliates) nor any of the officers, directors, employees, members, licensors, customers, agents or representatives of the Network Owner (or any its affiliates) shall be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including, but not limited to, damages for loss of sales, revenues, profits, use, data, goodwill, or any other tangible or intangible losses (even if the Network Owner has been advised of the possibility of any such loss or damages), resulting from: (i) your use or any inability to use the Service; (ii) the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into, by means of or otherwise in connection with the Service; (iii) any unauthorized access to or alteration of your user or Account data or related information, or any content or materials, postings, communications, transmissions, or any related data or information; (iv) any conduct, statements, representations, or content or materials of any third party contained within or otherwise displayed on or as part of the Service; (v) the suspension, cancellation or termination of your Account(s); or (vi) any other matter(s) relating to the Service or the Service Terms.
You acknowledge that the technical processing and transmission of the Service, including your user and Account data, content and materials, and related data and information (a) may be distributed in an unencrypted form, (b) may involve transmissions by means of various networks and equipment that are not owned or controlled by the Network Owner, and (c) may require adaptive changes to conform to technical requirements of any connecting networks and/or devices, and you agree that the Network Owner shall have no obligation or liability to you or any third party as a result of or otherwise in connection with any such matters.
You further acknowledge that the Network Owner contracts with third parties to provide the necessary hardware, software, networking, storage, hosting, and related technology required to operate, manage, maintain and support the Service, including, without limitation, the posting, hosting and serving of your content and materials (including, without limitation, any related data and information), and you agree that the Network Owner shall have no obligation or liability to you or any third party as a result of or otherwise In connection with any such matters.
You further acknowledge and agree that, upon request by the Network Owner, you shall defend, indemnify and hold harmless the Network Owner and the Technology Licensor (and their affiliates) and the officers, directors, employees, members, licensors, customers, representatives and agents of the foregoing from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable fees for attorneys and other professionals) resulting from or arising in connection with any breach of the Service Terms by you or any Third-Party Users that you authorize, allow or otherwise permit to have access to and/or to use any of your Account(s), user ID(s), and/or password(s), or that arise as a consequence of any content or materials (including, without limitation, any related data or information) posted, distributed or otherwise disseminated as part of or otherwise in connection with the Service and/or any Account(s) that you establish with the Service.
The Network Owner expressly reserves the right for the Technology Licensor, at its own expense, to participate in the defense of any claim, demand or suit for which you are obliged to indemnify the Technology Licensor hereunder, using counsel chosen by the Technology Licensor, and may assume control of its defense at any time, at the Technology Licensor's sole discretion.
Third-Party Sites
If you elect to click on a link within the Service or a link within any web page(s) that are displayed or performed on and/or as part of the Service, you will leave the Service and be directed to the website(s) that you choose to visit and voluntarily select, at your sole discretion. Please be advised that the Network Owner does not and cannot control the activities of any such third-party website operators, and, accordingly, the Network Owner does not know and cannot guarantee that any such third parties adhere to the same privacy and security practices as those adopted by the Network Owner. You should carefully review the privacy policies of the owners and/or operators of any such third-party website(s) that you elect to access and/or from which you request products or services, or to which (or from which) you transmit (or receive) any data or information.
Some third-party websites may charge separate fees (which are not included in any subscription or other payment plan that you choose to establish with the Network Owner). Any separate obligations, including, but not limited to, any fees or charges that you may incur as a result of your communications, dealings and/or transactions with any such third parties are solely and exclusively your responsibility. Cheers, -Theo Mod
|