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PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
1.
ACCEPTANCE OF TERMS
These terms and conditions regarding
your use of the Site constitute a legally binding agreement ("Agreement")
between you and PlugStar.com ("PlugStar", "we", "us" or "our"). PlugStar
provides a collection of online resources including classified ads, forums
and various e-mail services, which are subject to the following terms of
use. In this agreement, the terms "Site" or "Web Site" includes all web
sites and web pages within PlugStar as well as any equivalent, mirror,
replacement, substitute or backup web sites and web pages thereto and
thereof. The Site may also contain links or references to additional
rules, policies and terms which may apply to specific features or
functions of the Site and when you use those features or functions, those
rules, policies and terms will also apply to you and form a part of these
terms and conditions, and consequently, your agreement with us. By using
PlugStar in any way, you are agreeing to comply with this Agreement.
Additionally, when using a particular PlugStar service you agree to abide
by any applicable posted guidelines for such PlugStar service, which may
change from time to time. If, for any reason, you do not agree with all of
the terms and conditions contained in this Agreement, please discontinue
using the Site immediately, because by using or attempting to use the
Site, you are agreeing to be legally bound by this agreement. The words
"use" or "using" in this agreement, means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or
device, does or attempts to access, interact with use, display, view,
print or copy from the Site, transmit, receive or exchange data or
communicate with the Site, or in any way utilizes, benefits, takes
advantage of or interacts with any function, service or feature of the
Site, for any purpose whatsoever. This agreement does not cover your
rights or responsibilities with respect to third party content or sites or
any links that may direct your browser or your connection to third party
sites or pages. This is the entire and exclusive agreement between you and
us regarding use of the Site and it cannot be modified, except as
specifically described below in Section 2.
2.
CONTENT
You are solely responsible for all of the images,
photos, audio files, video files, postings, links to third party websites,
messages and text files and any other material (“Content”) you upload,
post or e-mail provide to or otherwise transmit through the Site. You must
have the legal right to display the Content. Content that is protected by
copyright by a third party and Content which you do not have a license to
use should not be uploaded, shared or copied on the Site. You agree that
by using the Site you may expose yourself to Content you may find
objectionable, misleading or offensive. You understand that PlugStar has
no obligation to monitor, and does not pre-screen Content. However,
PlugStar has the right (but not the obligation) to refuse to post or to
remove any Content, in whole or in part, that in PlugStar's sole, absolute
and final discretion it deems objectionable or in violation of this
Agreement. You acknowledge PlugStar reserves the right to, and may from
time to time, without notice, monitor any and all information transmitted
or received through the Service, for operational and other purposes. You
agree that PlugStar is not responsible for Content posted by other users
of the Site and will not be liable for any damages resulting from your use
of the Content.
3. CODE OF CONDUCT
You are
responsible for all of the Content you post or upload on the Site. You
must have the legal right to post or upload such Content. In addition, the
actions further described below, will constitute grounds for blocking your
access to the Site and removal of posted material. You agree not to post,
email or otherwise make available Content: that is unlawful, harmful,
threatening, harassing, defamatory, obscene, vulgar, invasive of another's
privacy, abusive, hateful, or otherwise objectionable; that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships (such as insider information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements) or any content that infringes any
trademark, trade secret, copyright or other proprietary rights of any
party; harms minors in any way, including, but not limited to, content
that violates federal and state child pornography laws, child sexual
exploitation laws and laws prohibiting the depiction of minors engaged in
sexual conduct; with forged headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through this site;
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software; interferes with or disrupt (or attempt to interfere with or
disrupt) this site or servers or networks connected to this site, or
disobey any requirements, procedures, policies or regulations of networks
connected to this site; that uses this Site and service for the purpose of
making images available for viewing to the general public; intentionally
or unintentionally violate any local, state, or federal law, including
violations of the Copyright Act; that is the copyrighted, patented or
trademarked intellectual property of another, or the trade secret of or
confidential information of another; that is unsolicited or unauthorized
advertising, including ''spam'' or ''junk mail.'' that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability; that is misleading or deceptive in nature; where you
misrepresent yourself as someone else or connected with an entity or
otherwise misrepresent your professional or other affiliation with any
person or entity; that posts or transmits any information, software or
other material which contains advertising (including but not limited to
“junk mail” or “pyramid schemes”) that advertises any illegal services or
the sale of any items the sale of which is prohibited or restricted by
applicable law (i.e. including but not limited to child pornography,
weapons, fireworks, alcohol, animals and animal parts). that contain links
to other third party websites that are used to promote commercial
services; that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment; that
interferes or disrupts the Site, servers or networks connected with the
Site. Additionally, when using the Site you agree not to: use the Site in
any form to collect or store personal data about other Site users; contact
other Site users of without their permission or harass
them;
4. ELIGIBILITY
This Site except for
the Personal section is offered and made available only to users 13 years
of age or older who reside in the United States of America. If you are not
yet 13 years old, or do not reside in the United States, please
discontinue using the Site immediately. The Personals section of this Site
is offered and made available only to users 18 years of age or older who
reside in the United States of America. If you are not yet 18 years old,
or do not reside in the United States, please discontinue using the Site
immediately.
5. PRIVACY
Please read our
Privacy Policy, which
describes how we collect and use your personal information. We may collect
information from you and request that you provide us with certain
information about you ("User Information").
6.
MODIFICATIONS
We reserve the right, at any time and from
time to time, for any reason in our sole discretion, to change the terms
of this Agreement. We will post or display notices of changes on the Site
and we may also e-mail you about these changes. Once we post them on the
Site, these changes become effective immediately and if you use the Site
after they become effective it will signify your agreement to be bound by
the changes. You should check back frequently and review the terms and
conditions of this agreement regularly so you are aware of the most
current rights and obligations that apply to you and the terms and
conditions of your agreement with us.
7.
REGISTRATION
PlugStar may require you to register in order
to use certain features and functions of the Site. You must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. This
information may include your name and email address. In addition, during
the registration process we will also ask you to select (or we may
provide) a user ID and password (we will allow you to change your
password, as well as any personally identifiable information you have
given us in order to keep this information current). You are entirely
responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify PlugStar
immediately of any unauthorized use of your account or any other breach of
security. PlugStar will not be liable for any loss that you may incur as a
result of someone else using your password or account, either with or
without your knowledge. However, you could be held liable for losses
incurred by PlugStar or another party due to someone else using your
account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
8.
DEACTIVATION/TERMINATION OF YOUR REGISTRATION
You may
deactivate your account on the Site, at any time and for any reason, by
sending an e-mail to privacy @ plugstar.com. We may terminate your use of
and registration on the Site, at any time and for any reason, with or
without cause, without prior notice to you and without any liability or
further obligation of any kind whatsoever to you or any other
party.
9. OWNERSHIP OF INTELLECTUAL
PROPERTY
All Site software, design, text, images,
photographs, illustrations, audio and video material, artwork, graphic
material, database, proprietary information and all copyrightable or
otherwise legally protectible elements of the Site, including, without
limitation, the selection, sequence and 'look and feel' and arrangement of
items, and all PlugStar trademarks, service marks, trade names, copyrights
and logos (individually and/or collectively, "Material"), are the property
of PlugStar, its subsidiaries, affiliates, licensors or suppliers and are
legally protected, without limitation, under U.S. Federal and State, as
well as applicable foreign, laws, regulations and treaties. Unless the
context clearly requires otherwise or we explicitly say so in writing, the
term "Site" includes "Material" as well. Unless otherwise specified, the
Site is for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from the Site including notices on any
Material you download, transmit, print or reproduce from the Site. You
shall not reproduce, modify, create derivative works from, display,
perform, publish, distribute, disseminate, broadcast or circulate to any
third party (including, without limitation, on or via a third party web
site), or otherwise use, any Material without the express prior written
consent of PlugStar or the owner if PlugStar is in fact not the owner at
any given time. Any unauthorized or prohibited use of any Material, may
subject you to civil liability or criminal prosecution, or both, under
applicable federal and state laws. We require users to respect our
copyrights and other intellectual property rights. You further agree that
any photographic image submitted to be displayed on the Site may be
altered at anytime by PlugStar..
10. DISCLAIMER AND
LIMITATIONS OF LIABILITY
THE USE OF THIS SITE AND THE
SERVICES OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THE USE OF THIS SITE
AND SERVICES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR
ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL
PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM
AS DESCRIBED. Without limiting the foregoing, PlugStar is not responsible
or liable for any malicious code, delays, inaccuracies, errors, or
omissions arising out of your use of the Site. As between you and PlugStar
you are assuming the entire risk as to the quality, accuracy, performance,
timeliness, adequacy, completeness, correctness, authenticity, security
and validity of any and all features and functions of the Site, including,
without limitation, Postings and Materials associated with your use of the
Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, NEITHER PLUGSTAR NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF
ANY KIND, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF PLUGSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE
SERVICE, WHETHER DAMAGE ARISE FROM USE OR MISUSE OF THE SITE OR THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR
TERMINATION FO THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY
WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. THESE
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PlugStar
users remain responsible for complying with all applicable laws,
regulations or restrictions on items, services, or manner of sale, payment
or exchange that may apply to transactions in which they participate. We
encourage you to research the applicable laws and regulations that may
apply to your transaction.
11. HYPERLINKS TO THIRD PARTY
SITES
The appearance, availability, or your use of URLs or
hyperlinks referenced or included anywhere on the Site or any other form
of link or re-direction of your connection to, with or through the Site,
does not constitute an endorsement by, nor does it incur any obligation,
responsibility or liability on the part of, PlugStar or any of its
subsidiaries, affiliates, agents, representatives, licensors or suppliers.
PlugStar does not verify, endorse, or have any responsibility for any such
third party sites, nor for any goods or services associated with or
obtained in connection with any such site. If any third party site obtains
or collects personally identifiable information from you, in no event
shall PlugStar assume or have any responsibility or liability. Please read
our Privacy Policy, which describes how PlugStar collect and uses your
personal information. 12. NO SPAM POLICY You agree not to use the Site to
send unsolicited advertisements through PlugStar’s computer systems or
Site. Any unauthorized use of PlugStar systems is in violation of this
Agreement and certain federal and state laws.
13.
INDEMNIFICATION
You agree to indemnify, defend and hold
PlugStar, its subsidiaries and affiliates, and their respective officers,
directors, employees, agents, licensors, representatives and suppliers,
harmless from and against any and all claims, actions, losses, expenses,
damages and costs (including reasonable attorneys' fees), arising out of
content you submit, post, transmit or make available through the Site,
your use of the Site, your connection to the Site and resulting from any
breach or violation of this agreement by you. PlugStar reserves the right
to assume, at its sole expense, the exclusive defense and control of any
such claim or action and all negotiations for settlement or compromise,
and you agree to fully cooperate with PlugStar in the defense of any such
claim, action, settlement or compromise negotiations, as requested by
PlugStar.
14. LIMITATIONS ON SERVICE/TERMINATION OF
SERVICE
You agree that PlugStar may establish policies and
procedures relating to the use of the Site (i.e. the size of e-mail
messages, size of postings, number of days the Content may be posted). You
agree that PlugStar may change these policies and procedures without
notifying you. Additionally you agree that PlugStar has the right to
delete or remove Content at any time at its sole discretion and that
PlugStar will not assume any liability for deletion or failing to store
such Content. You agree that PlugStar, in its sole, absolute and final
discretion, may terminate your account if you are registered (partially or
entirely) or use of the Site, and remove and discard any Content within
the Site, for any reason, including without limitation lack of use or
PlugStar's determination in its sole discretion that you have violated or
acted inconsistently with this Agreement. PlugStar may at any time, and in
its sole, absolute and final discretion, discontinue providing the Site,
or any part of it, with or without notice. You agree that any termination
of your access to the Site may be effected without prior notice, and
acknowledge and agree that PlugStar may immediately deactivate or delete
your account and all related Content you posted or made available on the
Site. Further, you agree that PlugStar shall not be liable to you or any
third party for any termination of your access to the Site. Paragraphs 2,
5, 10, 13 and 16 shall survive the termination of this
Agreement.
15. DEALINGS WITH ORGANIZATIONS AND
INDIVIDUALS
The Site is a community website which allows
its users to interact with organizations and individuals for social
purposes as well as commercial purposes such as payment and delivery of
goods. Accordingly the Site acts as a venue to allow anyone to make
contact, offer, sell, and buy items, goods and services. PlugStar is not
involved in the actual transactions or interactions between users of the
Site. Therefore, PlugStar has no control over the safety, legality or
quality of the transactions or interactions between users of the Site.
Therefore, in the event you have a dispute with one or more users of the
Site, you release PlugStar (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from damages (actual and
consequential), claims and demands arising and connected to such
disputes.
16. LAW THAT APPLIES TO THIS AGREEMENT;
MISCELLANEOUS TERMS
The Site is operated by or on behalf
of PlugStar in the United States and is intended solely and exclusively
for residents of the United States, its territories and possessions, who
are at least 13 years of age or older when using all areas of the Site
except the Personals section and at least 18 years of age or older when
using the Personals section of the Site. This Agreement, together with our
Privacy Policy and any other rules, regulations, procedures and policies
which we refer to and which are hereby incorporated by reference, contains
the entire understanding and agreement between you and PlugStar and
supersedes any and all prior or inconsistent understandings relating to
the Site and your use of the Site. This agreement cannot be changed or
terminated orally. If any provision of this agreement is held to be
illegal, invalid or unenforceable, this will not affect any other
provisions and the agreement will be deemed amended to the extent
necessary to make it legal, valid and enforceable. Any provision which
must survive in order to allow us to enforce its meaning shall survive the
termination of this Agreement; however, no action arising out of this
Agreement or your use of the Site, regardless of form or the basis of the
claim, may be brought by you more than one (1) year after the cause of
action has arisen (or if multiple causes, from the date the first such
cause arose). This agreement and your use of the Site is governed by,
construed and enforced in accordance with the internal substantive laws of
the State of Massachusetts applicable to contracts made, executed and
wholly performed in Massachusetts, and, for the purposes of any and all
legal or equitable actions, you specifically agree and submit to the
exclusive jurisdiction and venue of the State and Federal Courts situated
in the Commonwealth of Massachusetts of and agree you will not object to
such jurisdiction or venue on the grounds of lack of personal
jurisdiction, forum non convene or otherwise. To the extent it may be
applicable, you agree with us, to opt out from and expressly exclude any
applicability of the Uniform Computer Information Transactions Act. IN ANY
ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE
PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE
SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR
HEREAFTER POSSESS TO A TRIAL BY
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