Effective 24 July 2009
Welcome to PLEOworld!
2. Registration and Eligibility.
a. To become a Member you must be at least 13 years old. In order to access certain features of the PLEOworld Site and Services, and to post User Submissions (defined below), you will have to become a Member and set up a PLEOworld account ("Account"), with a corresponding username and password. Your username and password will permit you to access certain secure areas of the PLEOworld Site only available to Members. Further, certain Services are only provided to Pleo owners who are also Members and to enjoy these Services you will have to provide a valid Pleo serial number to register.
b. You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify INNVO LABS of any unauthorized use of your Account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify INNVO LABS immediately so that a new username or password can be created. If you forget your username or password, please follow the process indicated on the registration page.
c. If you become a Member, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to INNVO LABS. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
5. Interaction with Other Members. INNVO LABS provides the PLEOworld Site as a medium for PLEOworld Members to use, share and enjoy information about Pleo. You are solely responsible for your interactions with other Members. You understand that INNVO LABS does not in any way screen Members or review or police statements made by Members in their User Submissions, or the User Submissions in general. (See "User Submissions," below.) You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the PLEOworld Site or Services and disclosing personal information to other Members. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet a Member offline or in person. Your use of the PLEOworld Site, Services, INNVO LABS Content and User Submissions is at your sole risk and discretion and INNVO LABS hereby disclaims any and all liability to you or any third party relating thereto.
6. Your Obligations in Using the PLEOworld Site and Services. The PLEOworld Site and Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the PLEOworld Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the PLEOworld Site or Services:
a. Upload, post, email or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Upload, post, email or otherwise transmit, via the PLEOworld Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the opinion of INNVO LABS;
c. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
d. Circumvent, disable or otherwise interfere with security related features of the PLEOworld Site or features that prevent or restrict use or copying of any INNVO LABS Content;
e. Use any meta tags or other hidden text or metadata utilizing a INNVO LABS name, trademark, URL or product name;
f. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the PLEOworld Site or Services to send altered, deceptive or false source-identifying information;
g. Upload, post, email or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any PLEOworld User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the PLEOworld Site;
h. Upload, post, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
i. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
j. Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the PLEOworld Site, servers or networks connected to the PLEOworld Site or the technical delivery systems of INNVO LAB's providers or disobey any requirements, procedures, policies or regulations of networks connected to the PLEOworld Site;
k. Attempt to probe, scan or test the vulnerability of any INNVO LABS system or network or breach or impair or circumvent any security or authentication measures protecting the PLEOworld Site or Services;
l. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PLEOworld Site or Services;
m. Attempt to access, search or meta-search the PLEOworld Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by INNVO LABS or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla, Firefox, Safari, or Opera), including, without limitation, any software that sends queries to the PLEOworld Site to determine how a website or web page ranks.
n. Collect or store personal data about other PLEOworld Users without their express permission;
o. Use the PLEOworld Site or Services in any manner not permitted by this Agreement; or
8. Intellectual Property Rights and Ownership.
a. Content. You may access and use the PLEOworld Site, Services, INNVO LABS Content and User Submissions for your own personal, non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PLEOworld Site, INNVO LABS Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PLEOworld Site, INNVO LABS Content, User Submissions (other than your User Submissions). INNVO LABS and its licensors own all right, title and interest, including all worldwide intellectual property rights in the PLEOworld Site, INNVO LABS Content and the trademarks, service marks and logos contained therein, other than your User Submissions.
b. User Submissions.
(i) License Grant. INNVO LABS does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to INNVO LABS or on the PLEOworld Site, you hereby grant INNVO LABS a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including, without limitation, on the PLEOworld Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to INNVO LABS. INNVO LABS will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by INNVO LABS, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by INNVO LABS to give to INNVO LABS the full benefit of the rights granted to INNVO LABS by you.
(ii) Limitations. You acknowledge and agree that INNVO LABS may, at its option, establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain on the PLEOworld Site, the maximum size of any files that may be stored on or uploaded to the PLEOworld Site and the maximum disk space that will be allotted to you for the storage of User Submissions on INNVO LAB's servers. INNVO LABS will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Submissions.
(iii) Disclaimer. INNVO LABS has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using the PLEOworld Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including, without limitation, any information obtained by using the PLEOworld Site. INNVO LABS does not endorse any User Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against INNVO LABS with respect thereto.
8. Copyrighted Materials: No Unauthorized Use. YOU WILL NOT USE THE PLEOworld SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. INNVO LABS has adopted and implemented a policy that provides for the termination in appropriate circumstances of the Accounts of Members who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the PLEOworld Copyright Policy for further information.
9. Termination; Cancellation.
b. You may terminate your Account at any time and for any reason by selecting "Remove Account" on your Account information page. Upon any termination by a Member, the related Account will no longer be accessible.
10. Third Party Links. The PLEOworld Site, profiles created and posted by Members on the PLEOworld Site and User Submissions may provide links to third party websites or resources. You acknowledge and agree that INNVO LABS is not responsible or liable for the availability or accuracy of, and INNVO LABS does not endorse, such websites or resources or the content, products or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
11. Disclaimer of Warranties. THE PLEOWORLD SITE, SERVICES, INNVO LABS CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. INNVO LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLEOWORLD SITE, SERVICES, INNVO CONTENT AND USER SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. INNVO LABS DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLEOWORLD SITE; OR (II) THAT THE PLEOWORLD SITE, SERVICES, INNVO LABS CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INNVO LABS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. IN NO EVENT WILL INNVO LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLEOWORLD SITE, SERVICES, INNVO LABS CONTENT AND USER SUBMISSIONS OR THE CONDUCT OF ANY PLEOWORLD MEMBERS WHETHER ONLINE OR OFFLINE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET USING THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT INNVO LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL INNVO LAB'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
d. Force Majeure. INNVO LABS will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to INNVO LABS infrastructure or connectivity to the Internet or failure at a INNVO LABS co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, INNVO LABS will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
g. Notice. Any notice or other communication to be given hereunder will be in writing and given (i) by INNVO LABS via email (in each case to the address that you provide), (ii) a posting on the PLEOworld Site or (iii) by you via email to the addresses INNVO LABS may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
© INNVO LABS LIMITED. All rights reserved.