Our advisors like it when we go into detail but to state things simply, our terms for posting and submitting content are as follows:
1. Say only what you would say in person. 2. Tell us why you like or dislike something, agree or disagree, but keep it respectful. 3. Don’t post comments that are libelous, defamatory, obscene, pornographic, abusive or discriminatory. 4. Stay on topic. Post comments only once. Don’t spam. 5. Post only what you own the rights to, including music, video, and images. 6. Save commercial messages for another place. Don’t advertise or solicit here. 7. By posting content you are giving Plum a non-exclusive license to distribute and publish your content online, on TV, and on mobile devices. 8. If you let us know you don’t want us to use your content, we’ll stop using it. 9. Take responsibility for your own privacy. Please don’t include phone numbers or addresses in comments. 10. We can change the rules or cancel any user account at any time. Full Terms and Conditions
1. General
1.1. Plumtv.com and any successor web sites (the "Web site") is an informational web site for and provided by Plum TV, Inc., doing business as Plum ("Plum" or “we”). These terms, conditions and any notices in the web site (the "Terms") will apply to the Web site and products (“Products”) or services ("Services") provided to you via the Web site.
1.2. Use of the Web site is conditioned on your acceptance of the Terms. We may modify the Terms from time to time without notice except in the web site, so you should review them if you continue using the Web site. Use of the Web site indicates your knowledge and agreement to the Terms.
1.3. Contact Information:
E-mail: info@plumtv.comTelephone: 646-292-4200Facsimile: 646-292-4201U.S. Mail:
PublisherPlum TV419 Lafayette Street, 7th FloorNew York, NY 10003
2. Use of the Web site
2.1. To use the Web site and thus agree to these Terms, you must be at least 18 years of age or be at least 13 years of age and have parental consent.2.2. The Web site may contain various content, including games, forums, and other message or communication services provided by people or entities other than Plum (“Content”). Plum has no obligation to monitor this Content, and reserves the right to review and remove such Content in its discretion.
2.3. Like other web sites and companies, Plum requires that you assume responsibility for your use of the Web site.
TO THE EXTENT PERMITTED BY LAW, PLUM PROVIDES ALL SERVICES, PRODUCTS AND INFORMATION ON AN "AS IS" BASIS AND DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WITH REGARD TO THE WEB SITE, MERCHANTS, INFORMATION, OR PRODUCTS OFFERED ON THIS WEB SITE.
2.4. In order to access some features of the Web site, you will have to create or register for an account. You may never use another's account without permission. When creating or registering for your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and access information secure. You must notify Plum immediately of any breach of security or unauthorized use of your account. Although Plum will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Plum or others due to such unauthorized use. Plum reserves the right to cancel your user account at any time in its sole discretion.
2.5. Plum does not claim ownership of any materials you provide to Plum (including feedback and suggestions) or post, upload, input or submit to this Web site for review by the general public, or by the members of any public or private community (“Submission”). By posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are warranting to Plum that you have the right to do so, and are granting Plum a non-exclusive worldwide license in perpetuity to use your Submission in connection with the operation of its business, including, without limitation, the license rights to: edit, translate and reformat your Submission, and to cache, copy, distribute, transmit, publicly display, publicly perform and reproduce your Submission as part of the Web site, in all media, including, but not limited to, television and mobile devices, as well as unknown new media hereinafter developed; to publish your name in connection with your Submission; and the right to sublicense such rights. Plum cannot and will have no obligation to pay any compensation with respect to such use of your Submission, and is under no obligation to post or use any Submission you may provide. As mentioned above, Plum may remove any Submission at any time in its sole discretion. You may request Plum to remove your Submission for any reason on reasonable written notice to Plum, on receipt of which Plum will take commercially reasonable steps to comply.
2.6. In connection with Posting your Submission, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Plum all of the license rights granted herein; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as may be determined by Plum, or contrary to Plum’s policies and procedures.
2.7. You agree not to use the Web site for any purpose that is unlawful or prohibited by these Terms. You may not use the Web site in any manner that could damage, disable, overburden, or impair the Web site or Plum’s network, Plum’s connection to the Web site, or interfere with any other party's use and enjoyment of the Web site. You may not attempt to gain unauthorized access to the Web site, accounts, computer systems or networks connected to the Web site, through any means. Obviously, Plum must and does reserve the right to disclose information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
2.8. Unless otherwise specified, the Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Web site without Plum’s written permission.
2.9. Third-Party Content: The Web site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are obviously not under Plum’s control, and so Plum makes no warranties or representations about the Linked Sites and cannot be responsible for their contents. Plum provides links to you only as a convenience, not to imply endorsement of the Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Your dealings with third parties (including advertisers) included within the Web site and your participation in promotions, including the delivery of and the payment for Goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Plum shall not be responsible or liable for any part of any such dealings or promotions.
2.10. Plum reserves the right to terminate your access to the Web site at any time, without prior notice and without cause.
3. Registration, Purchase and Delivery
3.1. The price of any Product purchased through the Web site will be the price specified in the Web site at the time of your purchase. Payment may be made via credit cards accepted by Plum from time to time (each, a “Card”). Upon presentation of the Card, the purchaser warrants that he/she is the cardholder, has permission to use the Card and that the billing information provided is accurate. Plum will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize Plum to charge the Card for the purchase.
3.2. Registration and Log-In Information: Certain sections of this Web site may require you to open an account by providing current, complete and accurate information. You agree to notify Plum immediately of any alterations of such information, for example information about your Card and about unauthorized use of your account or any other breach of security. Plum will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Plum or another party due to someone else using your account or password.
3.3. Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made directly to the shipping address provided in your order. The details of the delivery process should be provided to you at the time of purchase. In order to ensure proper delivery, you must provide a valid shipping address. In the event of payment by Card, ordered Product(s) can only be delivered to a valid shipping address on file with your credit card. Depending on your chosen method of shipment, Products may be returned to Plum if deemed undeliverable by the shipping company. If you receive notification that the Product(s) has been returned to Plum, please notify us within 14 days. If you do not notify us within this period, we will presume that the Product(s) has been received. Upon proper and timely notification of non-delivery, Plum will refund the payment, provided that the Product's non-delivery is not the result of the Customer's error, and subject to compliance with the agreement between you and the issuer of the Card.
4. Interruptions or Discontinuation of Access to Web site
4.1. Interruptions or Discontinuation of Access to Web site: Plum reserves the rights at any time and from time to time to modify, suspend, discontinue or permanently remove all of the Web site, or portions thereof, with or without notice to you.
4.2. You agree that upon termination of your access to the Web site under any provision of these Terms, Plum may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web site. Further, you agree that Plum shall not be liable to you or any third party for any termination of your access to the Web site. If you cancel your account for any reason, Plum will not refund any amounts paid to date, except as expressly provided in these Terms.
5. Privacy Policy
5.1. The information you provide to Plum is subject to our Privacy Policy. Use of the Web site indicates your agreement to our Privacy Policy, located at www.plumtv.com/privacy_policy.
6. Liability and Damages
6.1. THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND TO THE INFORMATION THEREIN. PLUM AND/OR ITS AUTHORIZED AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. PLUM AND ITS AUTHORIZED AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEB SITE OR SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PLUM PROVIDES NO TECHNICAL SUPPORT. PLUM AND ITS AUTHORIZED AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEB SITE, AND ALL RELATED SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLUM, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. YOU SPECIFICALLY AGREE THAT PLUM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA AND FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOU AGREE THAT PLUM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
6.2. Damages: In no event shall Plum, its officers, directors, employees, contractors, affiliates, suppliers, subsidiaries, parent company or agents be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits, arising out of or in any way connected with the use or performance of the Web site, with the delay or inability to use the Web site or related services, the provision of or failure to provide services, or for any information, products, and related graphics obtained through the Web site, or otherwise arising out of the use of the Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Plum or any of its authorized agents have been advised of the possibility of damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
6.3. Plum’s total liability to you for actual damages for any cause whatsoever will be limited to the amounts which you have paid to Plum for Goods or Services.6.4. The Web site may be viewed or used outside the United States of America, but Plum makes no representation that these materials are appropriate or available for use there.
6.5. You agree to indemnify and hold Plum, its parents, subsidiaries, affiliates, officers and employees, and attorneys harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Web site. Plum reserves the right to disclose any personal information about you or your use of the Web site, including its contents, without your prior permission if Plum has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Plum or its affiliated companies; (3) enforce the Terms; or (4) act to protect the interests of its members or others.
7. Intellectual Property Rights
7.1. Unless otherwise stated herein, information on the Web site belongs to Plum or Plum has the right to use it in the Web site. The contents of the Web site may not be reproduced, distributed, transmitted or used in any way for public or commercial purposes. Use of the Web site and Goods and Services does not allow you to infringe those rights or the rights of the third parties which may exist in material in the Web site. No license is expressly or impliedly granted within or as a result of your use of the Web site or of Goods or Services.
7.2. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
7.3. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on this Web site.
8. Miscellaneous
8.1. Choice of Law: This Agreement is governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of State or Federal courts in the County of New York, New York, U.S.A. in all disputes arising out of or relating to the use of the Web site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Plum as a result of this Agreement or use of the Web site. Plum's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Plum's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web site or information provided to or gathered by Plum with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Plum with respect to the Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Plum with respect to the Web site.
8.2. Accuracy Information: Plum believes its data and text services to be reliable, but accuracy is not warranted or guaranteed. Neither Plum nor its third party information providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, this information, or advocates the purchase or sale of any security or investment.
8.3. Any claim or cause of action arising out of or related to use of the Web site or the content or the Terms must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred.
8.4. We want our clients, customers, friends and viewers to enjoy our Web site and to fully understand the Terms on which we provide it. If you have any questions concerning this Agreement, please direct them to: Plum TV, LLC, Attention: General Counsel. Thank you for using the Web site. We hope you enjoy it as much as we do.
Terms last updated: April 29, 2007
