Terms of Use

Please read these Terms of Use fully and carefully before using the Product/Services, features, content or applications offered by PlusTou, LLC ("we", "us" or "our") (together with the Site, the Platform, the "Services"). These Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Services.

Acceptance of Terms

Registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

 

Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

 

These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

 

Agreement

The Agreement. PlusTou enables you and other users to arrange off-line, real-world connections based on common interests. The terms “PlusTou,” “we,” “us,” and “our” include PlusTou, LLC. and our affiliates. We use the terms “you” and “your” to mean any person using our “Product/Service”, and any person who attends our sponsored events/activities. We use the word “Product/Service” to mean any website, application, or service offered by PlusTou, including content we offer and electronic communications we send. We provide our Product/Service to you subject to these Terms of Use. We use the terms “Terms of Use” and “Agreement” interchangeably to mean this document together with our other policies. Your use of the Product/Service signifies that you agree to this Agreement. If you are using the Product/Service for a third party, you agree to this Agreement on behalf of that third party and represent you have the authority to bind the third party to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Product/Service.

We reserve the right to modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Product/Service. By continuing to use the Product/Service after any changes come into effect, you agree to the revised Agreement.

 

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. Additional eligibility requirements for a particular portion of our Product/Service may be set by any member who is posting the event or activity on our Product/Service.

 

You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

 

Suspension of Account

We may modify, suspend or terminate your account or access to the Product/Service if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the PlusTou and PlusTou users, or to protect our brand or Product/Service. We also may remove accounts of members who are inactive for an extended period of time.

 

A member who is posting the event or activity on our Product/Service also has the ability, in his or her sole discretion, to modify, suspend, or terminate events or activities posted on our Product/Service.

 

Registration

  1. To get the most benefit from the Services, when you register you will be asked to provide some basic information, including an email address and a password. Keep your email address and other account information current and accurate. You are solely responsible for the activity that occurs on your profile/post, and for keeping your profile password secure. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, by emailing contact@plustou.com.

  2. To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself. Each Member is responsible for updating their profile with current information. You agree that we may rely on your Profile, Profile Photos, and listed activities or events as accurate, current and complete. You acknowledge that if your Profile is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service.

  3. Membership Options: Currently, it is free to use our Product/Service. We reserve the right to charge for some features on our Product/Service in the future.  We may modify the existing fee for certain current or future features of our Platform. If we implement a new or modified fee, we will give you advanced notice such as by posting changes on our Product/Service or sending you an email.

  4. Members may impose fees related to particular activities posted on the Product/Service, such as an event/activity fee for a connection. The decision to charge fees and the amount of those fees is at the discretion of those members. We are not liable or responsible for the fees related to activities or events posted on the Product/Service posted by members. It is at the discretion of each member to  “Accept” or “Reject” an event or activity. 

 

Content

You are solely responsible for your Content. We use the word “Content” to mean any information, material, or other content posted to our Product/Service or otherwise provide to us (such as feedback, comments, or suggestions shared with us).  You may delete or remove your User Content, either yourself or through a request made to one of our employees or affiliates by emailing contact@plustou.com. When your User Content is deleted, it will be removed from the Product/Service. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not share with others, unless required by law).

 

You agree that you and your Content shall not violate the rights of any third party (such as copyrights, trademarks, contract rights, privacy rights, or publicity rights), this Agreement (including our other policies).We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Plustou and our Product/Service, and to ensure we do not violate any rights you may have in your Content, you hereby grant PlusTou a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.

 

Privacy

PlusTou collects registration and other information about you through our Product/Service. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as other members of PlusTou’s Product/Service. 

 

Rule of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You also agree to comply with all applicable laws, rules, and regulations, and to not violate or infringe the rights of any third party. If you do not comply, we may modify, suspend or terminate your account or access to the Product/Service, in our sole discretion.

 

PlusTou does not control the Content of other members. When we become aware of inappropriate Content on our Product/Service, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.

 

PlusTou is not a party to any offline arrangements made through our Product/Service. PlusTou does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. PlusTou makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

 

Our Product/Service contains proprietary and confidential information and is protected by intellectual property laws. Unless we expressly permit it through this Agreement, you agree not to modify, reproduce, sell or charge a fee, offer to sell or charge a fee, make, create derivative works based on, or distribute any part of our Product/Service, including any data, or Content of others.

You agree that you will not engage in any activity or post any information or material that interferes with or disrupts, or that is designed to interfere with or disrupt, the Product/Service or any hardware used in connection with the Product/Service.

 

Product/Service Modification

We work hard to continuously improve our Product/Service. This means that we may modify or discontinue portions or all of our Product/Service with or without notice and without liability to you or any third party.

 

Third Party Services

The Product/Service may contain links to third party sites and may be integrated with various third party services, applications and sites that may make their content and products available to you. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies.

 

Release

You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (referred to in this Agreement as “PlusTou Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (referred to in this Agreement as “Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a PlusTou event or activity. You also agree to release members from Claims based on a member’s negligence arising out of or in any way connected with their Content, a PlusTou event or activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

 

Indemnification

You agree to indemnify, defend and hold all PlusTou Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Product/Service, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a PlusTou event or activity that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all PlusTou Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

 

Warranty Disclaimer

THE PRODUCT/SERVICE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ALSO DISCLAIM ANY WARRANTIES REGARDING (A) THE RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR PRODUCT/SERVICE, (B) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON OUR PRODUCT/SERVICE OR BY US, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS TO OTHER WEBSITES OR RESOURCES PROVIDED THROUGH OUR PRODUCT/SERVICE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE PRODUCT/SERVICE, AND (D) THE CORRECTION OF ANY ERRORS IN THE PRODUCT/SERVICE, (E) ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF OUR PRODUCT/SERVICE, AND (F) DEALINGS WITH OR AS THE RESULT OF THE PRESENCE OF MARKETING PARTNERS OR OTHER THIRD PARTIES ON OR LOCATED THROUGH OUR PRODUCT/SERVICE.

 

Limitation of Liability

YOU AGREE THAT IN NO EVENT SHALL ANY PLUSTOU PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY PLUSTOU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH (A) OUR PRODUCT/SERVICE OR THIS AGREEMENT OR THE INABILITY TO USE OUR PRODUCT/SERVICE (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE), (B) STATEMENTS OR CONDUCT OF OR TRANSACTIONS WITH ANY MEMBER OR THIRD PARTY ON THE PRODUCT/SERVICE, (C) YOUR USE OF OUR PRODUCT/SERVICE OR TRANSPORTATION TO OR FROM PLUSTOU EVENTS OR ACTIVITIES, ATTENDANCE AT PLUSTOU EVENTS OR ACTIVITIES, PARTICIPATION IN OR EXCLUSION FROM PLUSTOU EVENTS OR ACTIVITIES AND THE ACTIONS OF YOU OR OTHERS AT PLUSTOU EVENTS OR ACTIVITIES, OR (D) ANY OTHER MATTER RELATING TO THE PRODUCT/SERVICE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT OF FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION THAT MAY GIVE RISE TO LIABILITY. THE LIMITATIONS SET FORTH ABOVE IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS, OR RECKLESS MISCONDUCT.

 

Intellectual Property

PlusTou trademarks, logos, service marks, and service names are the intellectual property of PlusTou. Our Product/Service, including our material on the Product/Service, are also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent.

 

PlusTou respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material that infringes on the intellectual property rights of others. We may also restrict or terminate access to our PlusTou to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please notify PlusTou at contact@plustou.com. 

 

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Maryland.

 

Entire Agreement and Severability

These Terms of Use are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.

 

Miscellaneous

  1. Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

  2. Assignment: These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

  3. Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

  4. Notices: Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to contact@plustou.com.

  5. No Waiver: Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

  6. Headings: The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

 

Last updated: July 15, 2017

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Washington, DC

 

© 2017 by PlusTou, LLC