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User Agreement
Gafana Enterprises, Inc. (Gafana) operates Plurlife.com
(hereinafter referred to and known as Plurlife or we), which is a social
networking platform that allows Members to create unique personal profiles
online in order to find and communicate with old and new friends. The services offered by Plurlife include any
Plurlife-branded URL, Plurlife messaging services (including, but not limited,
to instant messaging, private messaging, and/or e-mail services), Plurlife
music and video services, Plurlife developer services, Plurlife mobile
services, and any other features, content, or applications offered from time to
time by Plurlife in connection with Plurlife's business (collectively referred
to as "Plurlife Services").
This Terms of Use Agreement, as may be modified from time to
time, ("Agreement") constitutes legally binding terms and applies to
your use of the Plurlife Services. By accessing and/or using the Plurlife
Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the Plurlife Services,
including, without limitation, through a mobile or other wireless device, or
otherwise use Plurlife Services without being registered) or you are a
"Member" (which means that you have registered with Plurlife). The term "User" refers to a Visitor
or a Memember. You are authorized to use the Plurlife Services (regardless of
whether your access or use is intended ) only if you agree to abide by all
applicable laws, rules, and regulations ("Applicable Law") and the
terms of this Agreement. In addition, in consideration for becoming a Member
and/or making use of the Plurlife Services, you must indicate your acceptance
of this Agreement during the registration process.
Plurlife reserves the right to modify this Agreement at any
time and from time to time, and each such modification shall be effective upon
posting on the Plurlife Services. All material modifications will apply
prospectively only. Your continued use of the Plurlife Services following any
such modification consitutes your agreement to be bound by and your acceptance
of the Agreement as so modified. It is therefore important that you review this
Agreement regularly. If you do not agree to be bound by this Agreement and to
abide by all Applicable Law, you must discontinue use of the Plurlife Services
immediately. You may receive a copy of this Agreement by contacting us through
our Contact Us function found on www.plurlife.com.
1. Eligibility. Use of the Plurlife Services
and registration to be a Member for the Plurlife Services
("Membership") is void where prohibited. By using the Plurlife
Services, you represent and warrant that (a) all registration information you
submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 13 years of age or older; and (d) your use of the
Plurlife Services does not violate any Applicable Law. Your profile may be
deleted and your Membership may be terminated without warning, if we believe
that you are under 13 years of age, if we believe that you are under 18 years
of age and you represent yourself as 18 years of age or older, of if we believe
you are over 18 years of age and represent yourself as being under 18 years of
age. Further, we may terminate your account should your account or your
activity is in violation of Applicable Law including, without limitation,
cyber-bullying laws, identity theft laws, and etc.
2. Term. This Agreement, and any posted
revision to this Agreement, shall remain in full force and effect while you use
the Plurlife Services or are a Member. You may terminate your Membership at any
time, for any reason, by following the instructions on the Member's Account
Settings page. Plurlife may terminate your Membership at any time, for any or no
reason, with or without prior notice or explanation, and without liability.
Furthermore, Plurlife reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including, without limitation, private
messages, e-mails, and instant messages (collectively, "messages"))
by you, or to deny, restrict, suspend, or terminate your access to all or any
part of the Plurlife Services at any time, for any or no reason, with or
without prior notice or explanation, and without liability. In addition,
Plurlife reserves the right, at its sole discretion, to reassign or rename your
profile URL. Plurlife expressly reserves the right to remove your profile
and/or deny, restrict, suspend, or terminate your access to all or any part of
the Plurlife services if Plurlife determines, at its sole discretion, that you
have violated this Agreement or pose a threat to Plurlife, Gafana, its
employees, business partners, Users and/or the public. Even after Membership is
terminated, this Agreement will remain in effect, including, without
limitation, Sections 5-18.
3. Fees. You
acknowledge that Plurlife reserves the right to charge for any portion of the
Plurlife Services and to change its fees (if any) from time to time at its
discretion. If Plurlife terminates your Membership because you have breached
the Agreement, then you shall not be entitled to the refund of any unused
portion of fees or payments (if any).
4. Password. When
you sign up to become a Member, you will be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, e-mail address or password of another
Member at any time or to disclose your password to any third party. You agree
to notify Plurlife 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.
5. Use by Members.
The Plurlife Services are for the personal use of Members and may only be used
for direct commercial purposes if they are specifically endorsed or authorized
by Plurlife. Plurlife reserves the right to remove commercial content at its
sole discretion. Illegal and/or unauthorized use of Plurlife Services,
including, without limitation, collecting usernames, user identification
numbers, and/or e-mail addresses of Members by electronic or other means for
purpose of sending unsolicited e-mail or unauthorized framing of or linking to
the Plurlife Services, or employing third party promotional sites or software
to promote profiles for money, is prohibited. Commercial advertisements,
affiliate links, and other forms of unauthorized data collection or
solicitation may be removed from Member profiles without notice or explanation
and may result in termination of Membership privileges. Plurlife reserves the
right to take appropriate legal action, including, without limitation, referral
to law enforcement, for any illegal or unauthorized use of Plurlife Services,
including, without limitation, violation of applicable Child Bullying laws.
6. Proprietary Rights
in Content of Plurlife
6.1 Plurlife does not claim any ownership rights in the text,
files, images, photos, video, sounds, musical works, works of authorship,
applications, or any other materials (collectively, "Content") that
you transmit, submit, display or publish ("post") on, through or in
connection with Plurlife Services, unless claimed under a separate agreement.
After posting your Content on, through or in connection with the Plurlife Services,
you continue to retain any such rights that you may have in your Content,
subject to the limited license herein. By posting any Content on, through or in
connection with the Plurlife Services, you hereby grant Plurlife a limited
license to use, modify, delete from, add to, publicly perform, publicly
display, reproduce, and distribute such Content solely on, through or in
connection with the Plurlife Services, including, without limitation, through
the Plurlife Services to applications, widgets, websites, mobile device,
desktop, or other services that are linked with your Plurlife account
(collectively, "Linked Services"), including, without limitation,
distributing part or all of the Plurlife Services and any Content included
therein, in any media formats and through any media channels, except that
Content marked "private" will not be distributed by Plurlife outside
Plurlife Services and Linked Services. This limited license does not grant
Plurlife the right to sell or otherwise distribute your Content outside of
Plurlife Services and Linked Services unless agreed to in a separate agreement.
After you remove your Content from the Plurlife Services, we will cease
distribution as soon as practicable after you make the change. Notwithstanding
the foregoing, you understand and agree that once Content is distributed to a
Linked Services or incorporated into other aspects of Plurlife Services,
Plurlife is under no obligation to delete or ask other Users or a Linked
Services to delete that Content, and therefore it may continue to appear and be
used indefinitely.
6.2 The license you grant to Plurlife is non-exclusive (i.e., you
are free to license your Content to anyone else in addition to Plurlife) unless
otherwise agreed to in a separate agreement, fully-paid and royalty-free, sub
licensable, and worldwide.
6.3 You represent and warrant that (1) you own the Content posted
by you on, through or in connection with the Plurlife Services, or otherwise
have the right to grant the license set forth in Section 6, and (2) the
posting
of your Content on, through or in connection with the Plurlife Services and/or
Linked Services does not violate the privacy rights, publicity rights,
copyrights, contract rights, or any other rights of any person or entity. You
agree to pay for all royalties, fees, and any other monies owing any person or
entity by reason of the use of any Content posted by you on or through Plurlife
Services and/or Linked Services regardless of any other agreements between (1)
Plurlife and/or Gafana and (2) you.
6.4 The Plurlife Services contain Content of Plurlife
("Plurlife Content"). Plurlife Content is protected by copyright,
trademark, patent, trade secret, and other applicable laws. Plurlife owns and
retains all rights in the Plurlife Content and the Plurlife Services. Plurlife
hereby grants you a limited, revocable, nonsublicensable, license to reproduce
and display the Plurlife Content (excluding any software code) solely for your
personal use in connection with viewing the Plurlife website and using the
Plurlife Services.
6.5 The Plurlife Services contain Content of Users and other
Plurlife licensors. Except as provide within this Agreement, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform, display,
sell, or otherwise use any Content appearing on or through the Plurlife
Services.
6.6 Plurlife performs technical functions necessary to offer the
Plurlife Services, including, but not limited to, the technical processing and
transmission of e-mail communications to perform the e-mail service, and
transcoding and/or reformatting Content to allow its use throughout the
Plurlife Services. In addition, you agree and acknowledge that Plurlife may
send messages including, but not limited to, notifications, special offers,
promotions, commercial advertisements, and marketing materials, in connection
with the Plurlife Services. You can control what type of communications you
receive from the Plurlife Services by selecting the appropriate notification
settings, by unsubscribing from Plurlife, or by contacting Plurlife.
6.7 Plurlife reserves the right to limit the storage capacity of
Content that you post on, through, or in connection with the Plurlife Services.
7. Content Posted Please
choose carefully the information that you post on, through, or in connection
with the Plurlife Services and that you provide to other Users. Your Plurlife
profile may not include any form of Prohibited Content as described in this
Agreement, subsequent agreements, and/or applicable law. Despite this
prohibition, information, materials, products, or services provided by other
Plurlife Members (e.g., in their profiles) or Linked Services may, in whole or
in part, be unauthorized, impermissible, or otherwise violate this Agreement,
and Plurlife assumes no responsibility or liability for this material. If you
become aware of misuse of the Plurlife Services by any person or Linked
Service, please report the abuse by contacting Plurlife, Gafana, or the local
authorities.
Plurlife reserves the right to reject, refuse to post, or
delete any Content for any or no reason, including, but not limited to, Content
that in the sole judgment of Plurlife violates this Agreement or which may be offensive,
illegal, or violate the rights of any person or entity, or harm
or threaten the safety of any person or entity. Plurlife assumes no
responsibility for monitoring the Plurlife Services for inappropriate Content
or conduct. Should Plurlife, at its sole discretion, monitor the Content or
conduct being exhibited in or through Plurlife Services by Members, Plurlife
assumes no responsibility for the Content or conduct being exhibited by
Members, Users, or visitors (including, but not limited to, hackers) to the
site.
You are solely responsible for the Content or conduct that
you post on, through, or in connection with any Plurlife Services, and any
material or information that you transmit to other Members, visitors, or Users,
and for your interactions with other Users.
8. Prohibited
Content/Activity Plurlife, at its sole discretion, reserves the right to
investigate and take appropriate legal action against anyone who violates this
Agreement, including, without limitation, removing the offending Content from
the Plurlife Services, terminating the Membership of such violators, and/or
reporting such Content or activities to law enforcement authorities. The
following are examples (which means that content or actions not listed below
may still be Prohibited Content) that Plurlife, at its sole discretion, finds
to be Prohibited Content:
(1) Content that is patently
offensive, promotes, or otherwise incites racism, bigotry, hatred, or physical
harm of any kind against any group or individual;
(2) Content or conduct that is
harassment, or advocates harassment of another person;
(3) Content or conduct that
exploits people in a sexual or violent manner;
(4) Content or conduct that
contains nudity, excessive violence, or offensive subject matter or contains a
link (a dead or live link) to an adult website;
(5) Content or conduct that
solicits or is designed to solicit personal information from anyone under 18
years of age;
(6) Content or conduct that
publicly posts information that poses or creates a privacy or security risk to
any person or entity;
(7) Content or conduct that involves
the transmission of "junk mail", "chain letters", or
unsolicited mass mailing, instant messaging, "spimming" or
"spamming";
(8) Content or conduct that
furthers or promotes any criminal activity, enterprise, or provides
instructional information about illegal activities including, but not limited
to, making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
(9) Content or conduct that
involves commercial activities and/or sales without the prior written consent
from Plurlife and/or Gafana;
(10) Content that includes, but not
limited to, a photography and/or video recording of another person that you
have posted without that person's consent;
(11) Content or conduct that is
criminal or tortious in nature (e.g., child pornography, fraud, trafficking,
and etc.);
(12) Content or conduct that
involves the use of viruses, bots, worms, or any other computer code, files, or
programs that interrupt, destroy, or limit the functionality of any computer
software or hardware, or otherwise permit the unauthorized use of or access to
a computer or a computer network;
(13) Content or conduct that is
inconsistent with any and all Applicable Law or this Agreement.
Plurlife encourages Members and/or Users to contact Plurlife
should any doubt arise as to whether any particular conduct or content may be
in violation of this Agreement; and, as a result, may be cause for terminating
that person's Membership. It is the Member's and/or User's responsibility to
ensure that any particular conduct or content is in conformance with any
applicable law.
9. Hacking/Automated Software (bots) Users
must not attempt to gain unauthorized access to Plurlife's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
Plurlife website. Use of any form of automated device or computer program that
allows the creations of accounts, reporting of accounts, adding of friends,
sending of messages, posting of bulletins, comments, blogs, or forum posts
without each being manually entered by the author thereof (an "automated
device") is strictly prohibited.
10. Third-Party Linked Services Linked
Services created by third-party developers may be available on, through, or in
connection with Plurlife Services. Linked Services include applications, websites,
desktop, wireless, mobile, and other services available from third parties that
can be installed onto your Plurlife profile or shared with other Users on the
Plurlife Services or which may link to your Plurlife account from outside of
the Plurlife Services. Linked Services may use your Plurlife profile
information, friends, and/or other profile content on the Linked Service and
share activity events between Plurlife and the Linked Service depending on the
features the Linked Service chooses to make available.
When you engage with a third-party Linked Service, you are
interacting with the third party and not with Plurlife. Plurlife does not
control the third party, and Plurlife cannot dictate their actions. Plurlife is
not responsible for and makes no warranties (express or implied) as to the
third-party Linked Services or the providers of such Linked Services. Plurlife
encourages Members and/or Users to review the third-party Linked Services
agreements or policies, as those third-party policies or agreements may govern
the interaction between Plurlife Members and/or Users and the third-party
Linked Services.
11. Member Disputes
You are solely responsible for your interaction(s) with other Plurlife Users
and/or Members, third-party developers, and/or other parties with whom you
interact with through the Plurlife Services and/or Linked Services. Plurlife
reserves the right, but has no obligation, to become involved in any way with
these disputes.
12. Privacy Use
of Plurlife Services is also governed by Plurlife's Privacy Policy, which is
incorporated into this Agreement by this reference.
13. Disclaimers
Plurlife is not responsible for and makes no warranties (express or implied) as
to the User Content or the accuracy and reliability of the User Content posted
through or in connection with the Plurlife Services
or Linked Services by Users
of the Plurlife Services or Linked Services, and such user Content does not
necessarily reflect the opinions or policies of Plurlife. Further, Plurlife is
not responsible for any damage, injury, or loss caused by Users of the Plurlife
Services or by any of the equipment or programming associated with or utilized
in the Plurlife Services or Linked Services. Under no circumstances shall
Plurlife be responsible for any loss or damage, including, without limitation,
personal injury or death, resulting from use of the Plurlife Services, Linked
Services, Gafana services, or attendance at a Plurlife and/or Gafana event,
whether offline or online. Plurlife Services and Linked Services are provided
"AS-IS" and as available, and Plurlife expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Plurlife
cannot and does not guarantee any specific results from use of the Plurlife
Services or Linked Services.
When you access any third-party site and services, you do so
at your own risk. Plurlife takes no responsibility for third-party
advertisements or Linked Services that are posted on, through, or in connection
with the Plurlife Services or Linked Services, nor does Plurlife take any
responsibility for the goods or services provided by these third parties.
14. Limitation on
Liability In no event shall Plurlife
be liable to you or any third party for any indirect, consequential, exemplary,
incidental, special or punitive damages, including, without limitation, lost
profit damages arising from your use of the Plurlife Services or Linked
Services, even if Plurlife has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Plurlife's liability
to you for any cause whatsoever and regardless of the form of action, will at
all times be limited to the amount paid, if any, by you to Plurlife for the
Plurlife Services during the term of membership.
15. Disputes The
Agreement shall be governed by, and construed in accordance with, the laws of
the State of California, without regard to its conflict of laws provisions. You
and Plurlife agree to submit to the exclusive jurisdiction of the courts
located in the County of Riverside, State of California to resolve any dispute
arising out of the Agreement or Plurlife Services. Each of the parties (i.e.,
You and Plurlife) hereby knowingly, voluntarily, and intentionally waive any
right it may have to a trial by jury in respect of any litigation (including,
but not limited to, any claims, counterclaims, cross-claims, or third-party
claims0 arising out of, under, or in connection with this Agreement. Further
each party hereto certifies that no representative or agent of either party has
represented (expressly or otherwise) that such party would not in the event of
such litigation, seek to enforce this waiver of right to jury trial provision.
Each of the parties acknowledges that this section is a material inducement for
the other party entering into this Agreement.
16. Indemnity You
agree to indemnify and hold Plurlife, its subsidiaries, affiliates,
subcontractors, and other partners (e.g., Gafana), and their respective
officers, agents, partners, and employees, harmless from any loss, liability,
claim, or demand, including, but not limited to, reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Plurlife
Services in violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth in this
Agreement and/or any Content that you post on, through, or in connection with
Plurlife Services.
17. Other This
Agreement is accepted upon your use of Plurlife Website or any of the Plurlife
Services and is further affirmed by you becoming a Member. Your agreement with
Plurlife will always include this Agreement at
minimum. Your access and use of
certain Plurlife Services will require you to accept additional terms and conditions
applicable to such certain Plurlife Services, in addition to this Agreement,
and may require you to download Software or Content. the failure of Plurlife to
exercise or enforce any right or provision of this Agreement shall not be
construed or operate as a waiver of such right or provision. The section titles
in this agreement are for convenience only and have no legal or contractual
effect. Plurlife is a trademark of Gafana Enterprises, Inc. This Agreement
operates to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void, or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
If permission is required in order for me to agree to this
agreement by applicable law or court order, such permission has been granted.
I have read this
agreement and agree to all of the provisions contained above.
Consequences for Violation
Violation of any part of this Agreement will result in termination of your Plurlife.com account as well as being reported to the authorities if deemed necessary appropriate.
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