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www.piplum.com, including any connected mobile application or version thereof (the “Site”), is an online service operated on the World Wide Web of the Internet, consisting of certain services and content provided by Piplum, (including all social networks) and/or its parent, affiliated and subsidiary companies (each, an “Affiliate”) and third parties.
This End User Agreement (the “Agreement”), sets forth the terms and conditions that apply to use of the Site by each end user thereof (“End User”). By using the Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User shall be fully responsible for the use of the Site by any other person it permits to access the Site. Piplum Motivational Website shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
PIPLUM shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions, unless the End User notifies PIPLUM in writing that it has terminated this Agreement within five (5) business days of receipt by the End User of such notice, in which case the End User’s conduct shall be deemed governed by the Agreement without such changes, modifications or additions.
End User shall be responsible for obtaining and maintaining all equipment needed for access to and use of the PIPLUM Site and all charges related thereto.
End User Conduct.
(A) End User shall use the Site for non-commercial, lawful purposes only. End User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without PIPLUM’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by End User that in PIPLUM’s discretion restricts or inhibits any other End User from using or enjoying the Site will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) the Site or its computer network to make unauthorized entry to any other machine accessible via the Site or its computer network and (4) use of the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Site to become users of other on-line services competitive with the Site. Without limiting any other rights or remedies of PIPLUM, violations of the foregoing may result in removal of violative communications and/or early termination of the End User’s access to the Site.
(B) The Site contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the EU copyright laws.PIPLUM, as between itself and End User, owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of PIPLUM and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material.
(C) End User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, End User automatically grants, or warrants that the owner of such material has expressly granted PIPLUM the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. Please note that PIPLUM does not want to receive confidential information from any End User and any information received will be deemed NOT to be confidential.
(D) From time to time, the Site may, at its sole discretion, allow End User to submit certain content including, but not limited to, photos, messages, notes, text, information, music, video, advertisements, listings, or other content (collectively, “User Content” and make available such User Content on the Site. End User understands that, regardless of whether or not such User Content is published or otherwise made available on the Site, PIPLUM in no way guarantees any confidentiality with respect to any User Content.
End User further agree that End User will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless End User is the owner of such rights or has permission from their rightful owner to post the material and to grant the Site all of the license rights granted herein.
End User understands and agrees that the PIPLUM Site does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Site expressly disclaims any and all liability in connection with User Content.
Disclaimer of Warranty; Limitation of Liability.
(A) END USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT END USER’S SOLE RISK. NEITHER PIPLUM, PIPLUM AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CLIENT COMPANIES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT PIPLUM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER. END USER SPECIFICALLY ACKNOWLEDGES THAT PIPLUM SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
(D) IN NO EVENT WILL PIPLUM, THE PIPLUM PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PIPLUM, NOR THE PIPLUM PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE PIPLUM PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER’S USE OF THE SITE AND RETAINED BY PIPLUM OR (B) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO END USER. In such jurisdictions, PIPLUM’S liability is limited to the greatest extent permitted by law.
PIPLUM shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Agreement and any operating rules established by PIPLUM and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, PIPLUM shall have the right to remove any material that PIPLUM, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless PIPLUM, PIPLUM Affiliates and its and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site by End User, inclusive of any claim that User Content in any way causes damage to a third party, except to the extent such claims and expenses arise directly out of the gross negligence of PIPLUM.
Either PIPLUM or End User may terminate this Agreement at any time. Without limiting the foregoing, PIPLUM shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which PIPLUM , in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
Trademarks appearing on the Site are the property of PIPLUM, Affiliates, or their respective owners.
Third Party Content.
Neither PIPLUM nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) PIPLUM and the PIPLUM PARTIES neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Under no circumstances will PIPLUM or the PIPLUM PARTIES be liable for any loss or damage caused by an End User’s reliance on information obtained through the Site. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.