Website Use Terms & Conditions

Your acceptance

Please note that by using this Plotr Web/Micro Sites ("Sites"), Plotr Applications (e.g. iPhone and iPad app - "Apps") and/or Plotr Services, you accept these Terms. If you do not accept these Terms, do not use this Site.

Plotr reserves the right to revise the Terms of Use with or without notice to you at any time. When you continue to use the Service after the terms are updated, it means that you accept all the posted changes.

Last update: July 1st 2012

About us

It is important that, depending on the country you are in, special legal rules may apply to children and minors.

If you are under sixteen (16) years of age, you should discuss these Terms of Use and the Privacy Policy with a parent or legal guardian and ensure that they agree with these before using any of the Plotr Services. If you are under sixteen (16) years of age and you do not have this consent from a parent or legal guardian, you should not use any Plotr Services. Please be advised that in your country of residence other age restrictions may apply.

Using our Site

You may view (and, where applicable) listen to) the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks and copyright and trademark notices are not removed.

Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.

You may only play video or audio files using the media player on our Site.

You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.

Users, whether or not registered, must not abuse our Report Abuse facility where available, e.g. by making malicious reports.

Registration

Only one registration per person is allowed. You must keep your registration information up to date.

You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you. You must keep your password confidential.

You must not:

  • impersonate or try to impersonate another person
  • disclose your password to anyone else
  • allow anyone else use your account
  • use anyone else's account

You are responsible for everything done using your account. If you think that someone else may have access to, or be using, your password or account, you must tell us as soon as possible by contacting us directly.

Provision of information and Plotr ID

You agree and acknowledge that in order to use the Service you may be required to provide Plotr with personal data such as your telephone number as well as the telephone numbers of third parties you wish to connect with. If you decide to create a Plotr ID you will also provide other personal data. You guarantee that all information you provide to Plotr is accurate, true and complete. You are therefore not allowed to, inter alia, use telephone numbers of other people without their prior consent and/or to create an Plotr ID in the name of someone else. You yourself are responsible and liable for all use that is made of the Services through your devices and/or your Account. As soon as you know or have reason to assume that a your device and/or your Plotr ID has come into the hands of unauthorised persons, you should inform Plotr of this notwithstanding your own obligation to take immediate effective measures yourself such as for instance changing your password.

The personal data provided by you will be processed in accordance with the Plotr Privacy Policy.

Plotr is not responsible and cannot be held liable for any unauthorised access and/or use of your Plotr ID and/or the Service through your device.

Acceptable use policy

You agree that you solely use Plotr Services for lawful purposes. You acknowledge and agree that Plotr merely offers you the technical possibility to publish, share or transmit content and information. Plotr has no knowledge of these communications and/or content and therefore accepts no responsibility or liability for any communications and/or content published, shared and/or transmitted by means of the Service. You acknowledge and agree that you remain solely responsible and liable for the communications and content that you share or transmit using the Plotr Services and that you hold all (intellectual property) rights in the content and/or communications shared, published or transmitted by means of the Services or that you have obtained the permission from the third party that holds the (intellectual property) rights.

You may not use the Service to do any of the following:

  • send any unsolicited mass mailings (e.g., "spam")
  • collect or store personal information from other users other than the information collected during the normal course of using the Service. (e.g. "phishing")
  • threaten or harass any person or entity
  • infringe on any other user’s and/or third party’s (intellectual property) rights;
  • expose any person to material that is obscene, unlawful, defamatory, libellous, hateful, racially or ethically offensive, harmful to minors, illegal or encourages criminal behaviours
  • impersonate another person or entity
  • send any material containing Trojan horses, viruses, worms or other harmful or destructive items
  • breach these Terms of Use; or
  • commence or encourage any activity that breaches the law, public morality or public order

Furthermore, you may not do any of the following:

  • hack or gain unauthorized access to any Plotr server, network or hardware of Plotr or any other person or entity
  • use the Service in any way that could overload, damage, disable, disrupt or harm the Service or any Plotr server, or the network(s) associated to any Plotr server or interfere with any other user's use of the Service
  • adapt, modify or reverse engineer any of our systems or protocols
  • launch or use any automated system, including but not limited to "spiders", "robots", "load testers" etc. that sends more messages to the Plotr servers in a certain time frame than a person can reasonably produce in the same amount of time using the Plotr Services
  • register user accounts using any automated process; or
  • reformat, resell, or redistribute the Service in any way without the explicit consent of Plotr in writing

You agree that Plotr might force limits on the use of Plotr services and/or terminate your use in order to ensure "fair use" and guard the Plotr Services and its network.

Please be advised that other users may use the content and/or communications shared, published and/or transmitted by you by means of the Service. Plotr can not guarantee that other users will use your content and/or communications in accordance with these Terms of Use and/or that your content and/or communications will be kept private.

Suspending or terminating your registration

We may suspend, terminate or prevent your registration at our sole discretion. This may be because, for example, we consider that you have breached or will breach these Terms or our house rules or someone has reported abuse. However, we are not obliged to do these things, we decide.

Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit content (e.g. using someone else's registration), without our permission. The period of any suspension depends on all the circumstances.

Third party content and links available on this Site

We are not liable or responsible for the third party content on this Site. Third party content includes, for example, comments posted by users and the content of advertisements.

Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.

By using a third party website, you may interact with vendors. All such interaction, correspondence, promotion or purchase - as well as the delivery or and the payment for consumer and/or business products and services - and all other terms, conditions, warranties or representation related to such interaction, purchase or promotion, is entirely between you and the applicable third party. You agree that Plotr is not liable in any way whatsoever for direct or indirect damages as a result thereof.

Your personal information

We will use your personal information in accordance with our privacy policy, which forms part of these Terms. Please read our Privacy Policy.

Our liability

The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.

Except for liability for fraudulent misrepresentation, we are not liable for:

  • any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action
  • any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site
  • any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms

We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.

The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error free, available all the time and/or free from viruses.

However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.

Maintenance of the Site

Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.

We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.

Indemnity

You agree to indemnify, defend, and hold Plotr and its related companies and agents, partners, officers, co-branders, and employees harmless from and against any claim or demand made by any third party due to or arising out of your use of the Plotr Services, your connection to Plotr, the communications and/or content shared, published and/or transmitted, your breach of the Terms of Use or Privacy Policy, or your violation of any rights of other users. This indemnification shall include the reasonable attorney’s fees incurred in the defence of such claim.

Copyright and trademarks

All intellectual property rights with regard to the Service, including but not limited to the intellectual property rights to the texts, images, design, photographs, software, audiovisual material and other materials are vested in Plotr and/or their licensors.

Validity of these Terms

If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

Changes to the Terms of Use

These Terms of Use will be periodically revised and may be changed with or without notice. The updated Terms of Use will be posted on the Plotr Website. By using or continuing to use the Service you agree to review the Terms of Use periodically such that you are aware of any modifications. If you do not agree to the Terms of Use or this Privacy Policy, you should not use any of the Plotr Services.

Applicable Law

This Privacy Policy shall be governed and construed in accordance with the laws of England.

 

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