Effective 6th December 2024. Last Revised 6th December 2024.
These Terms of Service (“Terms”) govern your access to and use of any website, app, service, technology, API, widget, platform, channel or any other products, services and features (collectively, the “Services”) owned, operated, branded or offered by Plozee (“Plozee”, “we”, “us”, or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to our Terms, you may not access or use our Services.
1. Your Access to the Services
You may use the Services only if you follow these Terms and all applicable laws. Using the Services may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
No one under 13 is allowed to use or access the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services. If you are older than 13, you can use the Services if you are over the minimum age of consent in your country. If you are aged 13 to 18, you may only use the Service with the permission of your parent or legal guardian. Please make sure your parent or legal guardian has reviewed and discussed these Terms with you.
By using the Services, you state that:
- You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
- You can form a binding contract with Plozee, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;
- You are not barred from using the Services under all applicable laws; and
- You have not been permanently suspended or removed from the Services.
If we have previously disabled your account for violation of these Terms, any of our policies or for legal reasons, you will not create a new Plozee account without our express written permission, which is provided at our sole discretion.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
2. Privacy
Plozee’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.
3. Your Use of the Services
Subject to your complete and ongoing compliance with these Terms, Plozee grants you a personal, non-transferable, non-exclusive, non-sublicensable, revocable, limited license to access and use the Services. We reserve all rights not expressly granted to you by these Terms.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- copy any features or functions of the Service, access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms.
We are always improving our Services. This means we may add or remove features, products, or functionalities. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Your Plozee Account and Account Security
To use certain features of our Services, you may be required to create a Plozee account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Plozee if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password. Keep your password secure and do not disclose it to any other person or entity.
You will not license, sell, or transfer your Account without our prior written approval.
5. Your Content
The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
We can take action against User Content that violates these Terms or where we are permitted or required by law, such as by removing, restricting or limiting access to, or distribution of, the content. We can also suspend or terminate accounts of users who repeatedly or seriously infringe third-party intellectual property rights, violate the law, these Terms or where permitted or required to do so by law. We are not responsible for or liable to any third party for the content or accuracy of any User Content posted by you or any other Plozee user.
You retain any ownership rights you have in Your Content, but you grant Plozee the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Plozee. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Nothing in these Terms: (i) entitles you to any payment or the right to share in any revenue from any monetisation of User Content; (ii) restricts other legal rights we may have to User Content, for example under other licences. We reserve the right to remove, limit distribution of or modify User Content, or change the way it’s used on the Services.
Any ideas, suggestions, and feedback about Plozee or our Services that you provide to us are entirely voluntary, and you agree that Plozee may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms or if you otherwise create or are likely to create liability for us.
6. Third-Party Content, Advertisements, and Promotions
The Services may contain advertisements and/or links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”).
Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. You agree that we have no liability arising from your use of, purchase from or access to any third-party website, service or content, etc.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Plozee, and the rules for your Promotion must require each entrant or participant to release Plozee from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.
7. Things You Cannot Do
When using or accessing the Services, you must comply with these Terms and all applicable laws, rules, and regulations. You may not do any of the following:
- Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
- Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
- Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
- Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;
- Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Plozee; or
- Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Plozee or any payment system.
If you see content or conduct that you believe violates these Terms or you wish to report a security issue, please Contact Us.
8. Copyright, Trademark, and Takedowns
Plozee respects the intellectual property rights of others and we expect users of our Services do the same. We endeavour to remove any infringing material from the Services and to terminate the accounts, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may Contact Us.
Please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Plozee for certain costs and damages.
9. Intellectual Property
The Services are owned and operated by Plozee. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by Plozee are protected by intellectual property and other laws. All Materials included in the Services are the property of Plozee or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing any paid services offered by Plozee. Except as expressly authorized by Plozee, you may not make use of the Materials. No right, title or interest in or to Plozee or any Materials is transferred to you under these Terms, and we reserve all rights not expressly granted.
10. Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold Plozee, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Plozee Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11. Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Services are provided “as is” and “as available” without representations, warranties, or conditions of any kind, whether express, implied, legal, or statutory, including implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Plozee Entities do not warrant that the Services are accurate, complete, reliable, current, or error free. Plozee does not control, endorse, or take responsibility for any Content available on or linked to the Services or the actions of any third party or user. While Plozee attempts to make your access to and use of our Services safe, we do not represent or warrant that our Services or servers are free of viruses or other harmful components.
In no event will any of the Plozee Entites be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these Terms or the Services, including those arising from or relating to Content made available on the Services that is alleged to be defamatory, offensive, or illegal. Access to, and use of, the Services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or resulting loss of data. In no event shall the aggregate liability of the Plozee Entities for all claims relating to the Service exceed one hundred US dollars (US $100.00). The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort, negligence, strict liability, or otherwise, even if the Plozee Entities have been advised of the possibility of any such damage, and even if any remedy set forth in these Terms is found to have failed its essential purpose.
12. Governing Law and Venue
If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us here.
To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of England, without regard to its conflict of laws rules. We agree and you agree to submit to the exclusive jurisdiction of the English Courts.
13. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
14. Additional Terms
Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by Plozee (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services. If you participate in any Plozee program that is subject to Additional Terms, you must also agree to those Additional Terms.
15. Termination
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services.
To the fullest extent permitted by applicable law, we may suspend or terminate your Account, or ability to access or use the Services at any time for any or no reason, including for violating these Terms.
Upon termination, Sections 5 (Your Content), 7 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers and Limitation of Liability), 12 (Governing Law and Venue), 15 (Termination), and 16 (Miscellaneous) will continue to be in operation.
16. Miscellaneous
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
Headings are used in these Terms for reference only and will not be considered when interpreting them. For purposes of these Terms: (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;” (b) the words “such as,” “for example,” “e.g.,” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language.
These Terms are a legally-binding agreement between you and Plozee. If you have any questions about these Terms, please contact us.
