PLUM WEB SITE TERMS AND CONDITIONS OF USE
Welcome
Welcome to the Plum website. These terms and conditions of use apply to and govern your use of the Site. Your use of the Site signifies your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use the Site. Plum's current privacy policy which addresses Plum's use and release of information collected from your use of the Site is available here.
License to Use the Site
Plum grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these Terms. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms or any applicable law or regulation.
Changes to Terms and Conditions
Plum reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of such changes.
Ownership; Restrictions
Plum owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Plum is the owner of the copyright in the entire Site. Plum owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit, the Site or any portion thereof for any public or commercial use without the express written permission of Plum. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Plum and its affiliates or the copyright holder identified in the specific Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading Content. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of Plum and its affiliates and Content owners by viewing the copyright and trademark notices posted on the Site.
Change to Site or Content
Plum shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. Plum may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Acceptable Use Policy
As a condition of your use of the Site, you warrant to Plum that you:
Monitoring, Editing and Disclosure of User Material
You agree that Plum has the right, but not the obligation, to monitor all material on the Site at any time for any reason in its sole discretion to determine compliance with these Terms and any other operating rules that Plummay establish from time to time in its sole discretion. Notwithstanding this right of Plum, Plum does not and cannot review all materials posted to the Site by users, and Plum is not responsible for any such materials posted by users. Plum reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary to comply with any law, regulation or government or agency request or if, in Plum's sole discretion, such materials are objectionable or in violation of these Terms.
Indemnification
You shall indemnify, defend and hold harmless Plum, and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the 'Indemnified Parties') from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees and expenses) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Plum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Plum.
Links to Other Web Sites
The Site may contain links and pointers to the other Web sites, resources, and sponsors of the Site. Links to and from third party Web sites do not constitute an endorsement by Plum or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Plum or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Plum or any of its affiliates. You should direct any concerns regarding any external link to the applicable site administrator or webmaster. Plum does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Plum reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PLUM NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SITE OR THE SOFTWARE USED ON, MADE AVAILABLE OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. PLUM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PLUM'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
UNDER NO CIRCUMSTANCES SHALL PLUM, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS OR FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR GOODWILL, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PLUM, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Plum's Rights to Materials Provided by Users
Plum welcomes your comments regarding the Site and our merchandise and services made available through the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Plum and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively 'Communications') to or within the Site, you grant to Plum a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Plum of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Plum for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Plum is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Plum or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Plum or any Plum affiliate or subsidiary other than pursuant to these Terms. Plum shall not be responsible for the payment of any monies to any party in connection with Plum's use of Communications submitted by you to the Site.
Non-United States Residents
Plum makes no representation that materials or Content in or on the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you choose to access the Site from locations outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. With respect to shipments of merchandise purchased on the Site, title to the merchandise shall pass to the buyer upon delivery of the merchandise by Plum or its agent to the common carrier.
General Provisions
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or relating to these Terms shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between you and Plum with respect to the subject matter hereof, and supersede all previous written or oral agreements between Plum and you with respect to such subject matter. No waiver by either you or Plum of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
PLUM PRIVACY POLICY
Plum has created this privacy policy in order to demonstrate our firm commitment to our visitors' and customers' privacy. The following discloses our information gathering and dissemination practices for this Web site: www.plummagazine.com.
Personal and Non-Personal Information
When registering at the Site, purchasing merchandise on the Site, or responding to a survey, you may be asked to provide certain personally identifiable information about yourself, such as your name, e-mail address, physical address and/or telephone number. For purchases, we require your name, physical address, telephone number and credit card number and expiration date.
We use personal information provided on order forms, such as a purchaser's name, address, and credit card, to fulfill merchandise orders. We may also use order information to contact a purchaser when necessary, such as when a delivery may be delayed or when an ordered product is out of stock. Although Plum does not currently use personal information to notify consumers about new products or services or for any other commercial purposes, we may do so in the future. If we do, we will provide you with an e-mail address by which you may inform us that you do not wish to receive such materials in the future. Plum will not share any personal information with any unaffiliated third parties.
We may also request non-personally identifiable information, such as annual income, buying preferences, or age, also known as demographic and profile data, though providing this information is optional. We may use this data to improve our site and enhance your browsing and shopping experience. For example, we may use this data to tailor your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Site, in aggregated, anonymous form, such that the information will not contain any personally identifiable information about you or any other person.
Cookies
'Cookies' are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with a Web site. Plum may use cookies to customize your shopping experience, to keep track of your shopping cart and to make sure you don't see the same ad repeatedly. We use cookies to deliver content specific to your interests, to save your password (if you have registered with us) so you don't have to re-enter it each time you visit our site, and for other purposes. However, you may disallow cookies through your web browser and still shop on our site. Plum will never use cookies to retrieve information from your computer that is unrelated to the Site or your interaction with the Site.
Internet Protocol (IP) Address
We may use your IP address to help diagnose problems with our server, and to administer the Site. Your IP address is used to help identify you and your shopping cart for the duration of a session and to gather broad demographic information.
Clickstream
As you browse the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes called 'clickstream' data, can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Site and, in some instances, your e-mail address. We may use clickstream data to determine how much time you spend on each page of the Site and how you navigate throughout the Site. We will only use this information to improve the Site. Any collection or use of clickstream data will be anonymous and aggregated, and will not contain any personally identifiable information.
Consent to Processing
By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in the United States.
Other Sites
The Site may contain links to other Web sites. Other Web sites may also reference or link to the Site. Plum is not responsible for the privacy practices or the content of such other Web sites.
Supplemental Information
We may supplement the information that you provide to us with information that is received from third parties.
Security
We take seriously the security for all personal and non-personal information associated with our visitors and customers. We attempt to provide for the secure transmission of your purchase information from your PC to our servers by utilizing encryption software. However, due to the open communication nature of the Internet, we can not guarantee that communications between you and Plum, and Plum and you, will be free from unauthorized access by third parties. Only those Plum employees, agents and contractors who need access to your information in order to perform their duties are allowed access. Any employee, agent or contractor who violates our privacy and/or security policies may be subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
Choice/Opt-Out
If we ever send you information by e-mail concerning new Plum products or services, we will provide you with an e-mail address by which you may request no future notices.
Correct/Update
You may review for accuracy and update any personal information we have about you. To do so, send a request to info@plummagazine.com.
Your Acceptance of this Policy
By using the Site, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. Your continued use of the Site following the posting of changes to this Privacy Policy means you accept such changes.
COPYRIGHT NOTICE
If you believe that your work has been copied and appears on this Web site in a way that constitutes copyright infringement, please forward the following information to Plum's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Plum
ATTN: Copyright Agent
276 Fifth Ave., Suite 302
New York, NY 10001
Tel: 212-725-9201
Fax: 212-725-9203
E-Mail: info@plummagazine.com
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