Plazmatic Website Terms and Conditions
These Plazmatic Website Terms and Conditions (the “Terms”) constitute a legal agreement between you and Plazmatic LLC, a registered California company located in Oakland, California (“Plazmatic”) and spell out the terms and conditions to which users of Plazmatic websites (the “Sites”) are required to adhere. The words “we”, “us” and “our” refer to Plazmatic, and the words “you” and “your” refer to the users of the Sites.
By using a Site, you agree to be bound by these Terms and any supplemental terms of the applicable Site. If you do not agree with or do not wish to be bound by all of the Terms, do not use any of the Sites. We reserve the right to amend these Terms at any time. Amended Terms will be posted on the Sites. Your continued use of any Site following the posting of changes to these Terms means you accept the changes.
This website is operated, in whole or in part, from the United States. By using any of the Sites, regardless of where you live in the world, you consent to have any personal data you submit to any Site transferred to and processed in the United States. Plazmatic reserves the right to refuse shipment of any product to any location for any reason or no reason.
Website Content and User Submissions
The contents of the Sites are intended for the personal use of its users. All materials published on the Sites (including, but not limited to information, articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Plazmatic or the party credited as the provider of such Content. You must abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Sites.
The Sites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be expressly set forth in these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials of any Site in whole or in part.
Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Plazmatic, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
To enable Plazmatic to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information.
If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Legal Department with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The email should be sent to Plazmatic Customer Service, Attention Legal Dept. Our Copyright Agent for notice of claims of copyright infringement on this Site is: Plazmatic LLC Legal Department.
User Generated Content, Product Reviews And Discussions
The Sites may make available product reviews and surveys. You shall not upload to, or distribute or otherwise publish in those sections through any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use good judgment and be respectful of other individuals using the product reviews and surveys. You agree not to use vulgar, abusive or hateful language. Product reviews and surveys within the Site are provided to give our users interesting and helpful information in which they may express opinions and share ideas concerning Plazmatic products and related matters. Plazmatic does not endorse the opinions placed in these product reviews and surveys.
The product reviews will be used by you only in a noncommercial manner. You shall not, without the express approval of Plazmatic, use the product reviews to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services or to promote websites or online services that are competitive with Plazmatic and the Service.
While we do not and cannot review every message posted by users in the Product Reviews and are not responsible for the content of any of these messages, Plazmatic reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. Plazmatic reserves the right to revoke a user’s Site privileges and access at any time for any reason or no reason.
General Rules For User-Generated Content
Guests of Plazmatic Sites are solely responsible for the content of messages they post in any forum, blog, social media site or consumer review. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) in the previously mentioned content pages and any social network pages where Plazmatic hosts a page or space like Facebook, Twitter, etc, that information can be collected and used by others for any reason.
Content is Not Prescreened
Plazmatic does not guarantee to prescreen User Generated Content. Plazmatic does not guarantee the website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Plazmatic is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Even in the event Plazmatic chooses to monitor any User Generated Content, Plazmatic assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Plazmatic reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Eligibility and Registration
Plazmatic's Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Plazmatic a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Access And Availability Of Services And Links
A Plazmatic Site may contain links to other internet sites. Your selection of a link will redirect you off of the Plazmatic Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party website and are not the responsibility of Plazmatic. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these linked sites. Plazmatic does not assume any liability or responsibility for the actions, product, availability or content of these outside websites. You should direct any concerns regarding any externally linked website to the administrator or webmaster of the third party website.
Limitation Of Liability
NEITHER PLAZMATIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, OR ANY OF THE MATERIALS PROVIDED BY PLAZMATIC OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTION OF USE, DELETIONS OF FILES, ERRORS OR DEFECTS IN THE USERS SYSTEM, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLAZMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
You may not use any device, software, virus or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure relative to your use, which is non-commercial. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
Termination Of Use
Plazmatic may, in its sole discretion, terminate or suspend your access or refuse access at any time, without notice, to all or part of any of the Sites for any or no reason, including, without limitation, breach of these Terms, the infringement of copyrights owned by third parties, attempting to alter or improperly access any feature or function of any of the Sites, if you post or transmit any illegal content, harass or threaten any user of any Site or any Plazmatic employee, post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities, post unsolicited advertising, or improperly impersonate a Plazmatic employee or other individual.
These Terms have been made in and shall be construed and enforced in accordance with California and U.S. federal law without regard to any conflict of law provisions. Plazmatic makes no representation that the content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce these Terms shall be brought in the federal or state courts located in Oakland (Alameda County), California.
The Terms and the Privacy Statement constitute the entire agreement between you and Plazmatic with respect to your access and use of the Sites and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Plazmatic with respect to the Sites. If any of the provisions of these Terms are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. Plazmatic may assign these Terms (i) to any of its affiliates; (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Plazmatic; or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.
PLAZMATIC is a trademark of Plazmatic LLC.
Copyright © 2016 Plazmatic LLC. All rights reserved. The material on the Sites may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of Plazmatic LLC.
No material found or located on the Plazmatic Sites may be, downloaded, framed, linked to, copied, reproduced or used in any other way in any media now existing or hereafter created without the prior written permission of Plazmatic.