Plizy Terms of Use
Welcome to Plizy!
Your use of Plizy’s products, software, services and websites, including the Plizy iPad application and the website located at plizy.com, (collectively the “Services”), is conditioned on your acceptance of and compliance with these terms of use (“Terms”). By accessing or using the Services you agree to be bound by these Terms. If you do not understand and agree to these Terms, do not access or use the Services.
Certain of the Services may require you to agree to and accept additional terms of use. If there is any contradiction between these Terms and any additional terms of use, then the additional terms of use shall take precedence.
Changes to the Terms
Plizy may change these Terms from time to time. When changes are made, Plizy will make a new copy of these Terms available at plizy.com/terms. By continuing to access or use the Services after such changes, you agree to be bound by the new Terms.
Use of the Services
Plizy provides its users the ability to view content from social networks and the larger Internet in creative new ways.
To use certain features of the Services, you will need to register with Plizy and create an account. Your account gives you access to services and functionality that Plizy may establish and maintain from time to time and in our sole discretion.
You may never use another person’s Plizy account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Plizy immediately of any breach of security or unauthorized use of your account. Although Plizy will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Plizy or others due to such unauthorized use.
Subject to these Terms, Plizy grants you permission to use the Services for your personal, non-commercial purposes only. You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the Services; (2) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (3) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (4) uploading invalid data, viruses, worms, or other software agents through the Services; (5) collecting or harvesting any personally identifiable information, including account names and email addresses, from the Services; (6) using the Services for any commercial solicitation purposes; (7) using any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, (8) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (9) interfering with the proper working of the Services; or, (10) bypassing the measures Plizy may use to prevent or restrict access to the Services. Plizy may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in Plizy’s sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Without limiting any other terms of these Terms, you may stop using the Services at any time.
After any termination, you understand and acknowledge that Plizy will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of will immediately cease. Plizy will not be liable to you or any third party for termination of the Services or termination of your use the Services.
The Services are subject to scheduled and unscheduled service interruptions. All aspects of the Services are subject to change or elimination at Plizy's sole discretion. Plizy reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Plizy will not be liable to you for any interruption of the Services, delay or failure to perform.
User Content
Some areas of the Services may allow users to post reviews, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that Plizy is only acting as a passive conduit for your online distribution and publication of your User Content.
You agree not to post User Content that: (1) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (2) may create a risk of any other loss or damage to any person or property; (3) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (4) may constitute or contribute to a crime or tort; (5) contains any information or content that Plizy deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (6) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (7) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (8) contains any information or content that you know is incorrect . You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Plizy reserves the right, but is not obligated, to reject and/or remove any User Content that Plizy believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Plizy takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. Plizy is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Plizy shall not be liable for any damages you allege to incur as a result of such User Content. Plizy may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
License Grant
By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to Plizy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and to grant and authorize sublicenses of the foregoing for any purpose at the sole discretion of Plizy.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, personal license to use the Services. Plizy reserves all rights not expressly granted herein in the Services. Plizy may terminate this license at any time for any reason or no reason.
Ownership
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Plizy and its licensors exclusively own all right, title and interest in and to the Services, including all associated Intellectual Property Rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Plizy claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Plizy under any fiduciary or other obligation, and that we are free to use the Idea for any purpose and in any way, without any additional compensation to you or any third party, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Plizy does not waive any rights to use similar or related ideas previously known to Plizy, or developed by its employees, or obtained from sources other than you.
Eligibility
The Services are intended solely for person who are 13 years of age or older, and any use of or access to the Services by anyone under 13 is unauthorized, unlicensed, and in violation of these Terms. If you are under 18 years of age you may use the Services only if you either are 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 Terms, and to abide by and comply with these Terms.
Third Party Materials and Agreements
You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via the Services, including the Plizy iPad application. By using the Services to find and display Third Party Materials, you instruct Plizy to present portions of the data sources that you have selected in a creative new way. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Plizy disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content (defined below) via the Services. You acknowledge and agree that Plizy: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Plizy of Third Party Materials or any such third party services.
Without limiting any other terms of these Terms, by using a social network service (e.g. Twitter, Facebook) via the Services you understand and agree that Plizy, as an agent on your behalf, will access and store your applicable social network service account information and content so that they are available to you through your use of the Services and you give Plizy permission to do so. You agree that any content that you submit to a social network service while using the Services may be stored by Plizy at your direction, although Plizy does not undertake any obligations to maintain such submissions.
Privacy
See Plizy’s Privacy Policy located at plizy.com/privacy for information and notices concerning Plizy’s collection and use of your personal information. If you have any questions about the Plizy Privacy Policy, please contact Plizy at privacy@plizy.com.
Plizy Application License
Subject to your compliance with the terms and conditions of these Terms, Plizy grants you limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Plizy iPad Application, or any other downloadable software application provided by Plizy to access the Services (the “Plizy Application”), onto a single device that you own and control. Furthermore, with respect to any Plizy Application available through the Apple App Store or iTunes, you agree you will only such application as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Plizy reserves all rights in the Plizy Application not expressly granted to you in these Terms.
Except as expressly specified in these Terms, you may not (a) copy or modify the Plizy Application, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the Plizy Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Plizy Application to any third party; or (c) make the functionality of the Plizy Application available to multiple users through any means, including, but not limited to distribution of the Plizy Application or by uploading the Plizy Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. The Plizy Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Plizy Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. You will comply with any technical restrictions in the Plizy Application that allow you to use the Plizy Application only in certain ways.
Plizy is not obligated to maintain or support the Plizy Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that Plizy may from time to time in its sole discretion issue updates or upgrades to the Plizy Application, and may automatically update or upgrade the version of the Plizy Application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that these Terms will apply to all such updates or upgrades.
The license to the Plizy Application granted under these Terms remains in effect for a period of 99 years, unless earlier terminated by you or Plizy in accordance with this provision. You may terminate the license at any time by destroying all copies of the Plizy Application in your possession or control. Without limiting any other terms of these Terms, the license will automatically terminate without notice from Plizy if you breach any terms of these Terms. Upon any termination of these Terms you must cease all use of the Plizy Application and promptly delete and destroy all copies, full or partial, of the Plizy Application.
The copy of the Plizy Application is licensed, not sold, to you. You agree that Plizy and its licensors own all right, title and interest in and to the Plizy Application, including all Intellectual Property Rights therein, and that Plizy retains ownership of all copies of the Plizy Application even after installation on your mobile device. The Plizy Application is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Plizy Application as delivered to you.
Copyright
You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the Intellectual Property Rights of any third party. It is Plizy’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Plizy’s policy can be found at www.plizy.com/dmca.
Interactions between Users
You are solely responsible for your interactions (including any disputes) with other users. You understand that Plizy does not in any way screen Plizy users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other Plizy users. You agree to take reasonable precautions in all interactions with other Plizy users, particularly if you decide to meet a Plizy user offline, or in person. Your use of the Services and any other content made available through the Services is at your sole risk and discretion and Plizy hereby disclaims any and all liability to you or any third party relating thereto. Plizy reserves the right to contact Plizy users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms. You will cooperate fully with Plizy to investigate any suspected unlawful, fraudulent or improper activity via the Services.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Plizy used herein are trademarks or registered trademarks of Plizy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
DISCLAIMERS
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT PLIZY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, PLIZY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLIZY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
PLIZY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnity
You agree to defend, indemnify, and hold Plizy, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected your violation of these Terms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLIZY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY CHANGES WHICH PLIZY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (3) YOUR FAILURE TO PROVIDE PLIZY WITH ACCURATE ACCOUNT INFORMATION; (4) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON PLIZY’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT PLIZY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
General Legal Terms
The Terms constitute the whole legal agreement between you and Plizy and govern your use of the Services (but excluding any services which Plizy may provide to you under a separate written agreement), and completely replace any prior agreements between you and Plizy in relation to the Services.
You agree that Plizy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if Plizy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Plizy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Plizy’s rights and that those rights or remedies will still be available to Plizy.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Plizy under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and Plizy agree to submit to the exclusive jurisdiction of the courts located within the county of New York, NY to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Plizy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Services are operated and provided by Milestone Project, Inc., d/b/a Plizy, a Delaware corporation, c/o KVB Partners, 60 Broad Street, Suite 3502, 10004 NEW-YORK. If you have any questions about these Terms, please contact Plizy at info@plizy.com.