Plusmo User Agreement
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Thank you for using Plusmo, a free online and mobile service for finding, creating and sharing content and applications for your mobile device. Plusmo is brought to you by Plusmo Inc ("Plusmo"). By using any of these services on the plusmo.com web site you are agreeing to be bound by this User Agreement ("User Agreement").
Plusmo ("Service" or "Plusmo") allows users to discover and subscribe to information from the web on their mobile device. In addition users can create and share mobile applications based on related content topics. The Service may be used through the use of a web browser or by the use of downloadable clients ("Software"). Once registered with Plusmo, each user will receive a private space where they can view and post text, data, messages, or information concerning or linked to software, music, sound, photography, graphics, video or other content ("Content"). This Content may reside on Plusmo servers or on the servers of a third party. When you opt in to subscribe to mobile content from Plusmo, we send you a text message to your mobile device to download Software on to your mobile device. Certain carriers or providers might charge you for receiving this text message. Also, depending on your plan and your carrier or provider, you may be charged for use of your mobile device when you access the Service through your mobile phone. You are responsible for all such charges such as SMS delivery charges, airtime charges or mobile data charges.
Plusmo grants you a limited license to access the Site and use the Services subject to your full compliance with these Terms and the instructions and guidelines posted on the Site. Plusmo reserves the right to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.
Plusmo's software and services are for personal, non-commercial use only. You may not resell, reproduce, duplicate, copy, create derivative works or trade the software for any commercial purposes unless expressly authorized by reify Software, Inc. Please contact bizdev@plusmo.com for more information.
You are solely responsible for your use of the Site and Services. User-posted content on the site does not represent the advice, views, opinions or beliefs of Plusmo, and Plusmo makes no claim of accuracy of any user-posted material. Plusmo allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Plusmo. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
You must be 13 years and older to use this site. You are responsible for any activity that occurs under your user name. You are solely responsible for your use of the Site and Services and also for any other Content that you submit, post, and display on the Site. We may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Plusmo may also, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others and remove the allegedly infringing Content, pending its investigation. You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
Other examples of illegal or unauthorized uses include, but are not limited to:
- modifying, adapting, translating, or reverse engineering any portion of the Plusmo service;
- removing any copyright, trademark or other proprietary rights notices contained in or on the Plusmo;
- using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Plusmo;
- creating user accounts by automated means or under false or fraudulent pretenses;
- modify another website so as to falsely imply that it is associated with Plusmo;
- submit content that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
- abuse, harass, threaten, impersonate or intimidate other Plusmo users;
- create or submit unwanted email to any Plusmo members("Spam");
- transmit any worms or viruses or any code of a destructive nature;
- in the use of Plusmo, violate any laws in your jurisdiction (including but not limited to copyright laws);
Plusmo delivers aggregated content from RSS feeds made freely available by various content providers, and does not claim any copyright, license, or other ownership to material in these feeds., Plusmo does not control the content in any such RSS feeds or content sources.
You acknowledge that Plusmo own all rights, title and interest in and to Plusmo and software and portions thereof, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. All other trademarks not owned by Plusmo that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Plusmo.
You shall not (and you shall not permit anyone else to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any software downloaded from the Site. You shall not (and you shall not permit anyone else to) remove, obscure, or alter Plusmo's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.
By submitting, posting or displaying any Content, materials or other subject matter of any kind (collectively, .Materials.) on or through Plusmo, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works, publicly perform, display and otherwise exploit such Materials. That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
EACH OF REIFY AND ALL THIRD PARTIES THAT MAKES ITS SOFTWARE OR OTHER MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUSMO DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF PLUSMO AND/OR ANY THIRD PARTY SOFTWARE ACCESSED IN CONJUNCTION WITH OR THROUGH THE SERVICE. PLUSMO IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. REIFY AND ALL SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PLUSMO AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUSMO DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF PLUSMO AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF PLUSMO. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL REIFY OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUSMO BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF PLUSMO OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF REIFY AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PLUSMO AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUSMO , FROM INABILITY TO USE PLUSMO AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUSMO, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PLUSMO AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUSMO (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Plusmo reserves the right to change the Service or these Terms at any time. We reserve the right to refuse service to anyone for any reason at any time. We recommend that you periodically check this Site for changes.
Plusmo claims no intellectual property rights over the Materials submitted to Plusmo via the Service. If you believe that your work has been posted on Plusmo in a way that constitutes copyright infringement, please contact Plusmo at the address below and provide the following information:
Plusmo's agent for notice of claims of copyright infringement on this site can be reached using the following contact information: claims can be sent to copyright@plusmo.com.- * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- * A description of the copyright work that you claim has been infringed, and identification of the URL or other specific location on Plusmo where the Content that you claim is infringing is located;
- * 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.