Terms and Conditions
PL8PIC, LLC. (also referred to in this Agreement as "PL8PIC,” “we,” or "our") operates PL8PIC.com, which is an interactive accountability platform that allows its users to help law enforcement officials with issues such as missing children/adults, missing/stolen vehicles, wanted fugitives, crime scene analysis, probation violation, DUI incidents, future road/construction improvements, and traffic flow analysis.
PL8PIC reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the PL8PIC Services. All material modifications will apply prospectively only. Your continued use of the PL8PIC Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the PL8PIC Services immediately. You may print a copy of this Agreement or contact us at email@example.com for additional assistance.
1. Eligibility Requirement
Use of the PL8PIC Services and registration to be a Member for the PL8PIC Services (“Membership”) is void where prohibited. By using the PL8PIC Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the PL8PIC Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
This Agreement, and any posted revision(s) to this Agreement, shall remain in full force and effect while you use the PL8PIC Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account page. You acknolwedge and agree that PL8PIC may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, PL8PIC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails, and uploaded data (collectively known as “data”) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the PL8PIC Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Additionally, PL8PIC reserves the right, in its sole discretion, to reassign or rename your profile URL. PL8PIC expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the PL8PIC Services if PL8IC determines, in its sole discretion, that you have violated this Agreement or pose a threat to PL8PIC, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
You acknowledge that PL8PIC reserves the right at any time to establish, change, and collect fees, as it deems necessary from time to time, for any portion of the PL8PIC Services and to change its fees (if any) from time to time in its discretion. If PL8PIC terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Additionally, in the event that your data leads to a financial reward or remuneration of any nature, you hereby irrevocably assign fifteen percent (15%) of such compensation to PL8PIC. PL8PIC shall be entitled to enforce this permission by specific performance without limiting its other rights. Your acceptance of this Agreement supercedes any other such pre-existing financial settlement or agreement.
4. Username and Password
When you download the app, you will be prompted to register to become a Member of PL8PIC. Personal and identifiable information in your mobile device will be used to create a membership (guest or registered user), where the user will create a username and password. You will receive an email that will require you to authenticate your email in order to use the website. When you first register on the PL8PIC website, you will be directed to give personal and identifiable information and you will be given a security key code that you will need to register in the app registration, in the event that you later download the app.
It is your reponsibility to keep your password confidential. By downloading the app, using the app, or browsing the website as a User, you agree to not use the account, username, email address or password of another Member at any time or to disclose your password to any third party. Additionally, you agree to inform PL8PIC immediately if you believe there has been unauthorized use of your account or a third party, known to you or unknown to you, has access to your password. You are solely responsible for any and all use of your account.
5. Search Protection
PL8PIC reserves the right to have all uploaded images and uploaded data accessible to verified members of law enforcement and insurance agencies. Periodically, PL8PIC reserves the right to make search results viewable for PERSON(S) OF INTEREST [missing person(s), wanted person(s), fugitive(s) or other person(s) deemed appropriate by verified members of law enforcement] as well as VEHICLE(S) OF INTEREST [missing vehicle(s), suspicious vehicle(s), vehicles belonging to wanted person(s) and and those vehicles deemed appropriate by verified members of law enforcement.
6. Member Usage
The PL8PIC Services are a limited non-exclusive license for the personal use of Members. The use of PL8PIC Services may only be used for direct commercial purposes if those purposes are specifically endorsed or authorized by PL8PIC. Additionally, PL8PIC reserves the right to remove and/or edit commercial content in its sole discretion. Illegal and/or unauthorized use of the PL8PIC Services, including, without limitation, collecting usernames, user id numbers, phone or celluar device and/or email, mobile, or wireless addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PL8PIC Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. PL8PIC reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the PL8PIC Services.
7. Proprietary Rights in Content on PL8PIC
7.1 PL8PIC does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the PL8PIC Services. After posting your Content on, through or in connection with the PL8PIC Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the PL8PIC Services, you hereby grant to PL8PIC a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the PL8PIC Services, including, without limitation, through the PL8PIC Services to applications, widgets, websites or mobile, desktop or other services which are linked with your PL8PIC account (collectively, “Linked Services”), including, without limitation, distributing part or all of the PL8PIC Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by PL8PIC outside the PL8PIC Services and Linked Services. This limited license does not grant PL8PIC the right to sell or otherwise distribute your Content outside of the PL8PIC Services or Linked Services. After you remove your Content from the PL8PIC Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the PL8PIC Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the PL8PIC Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the PL8PIC Services, PL8PIC is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
7.2. The license you grant to PL8PIC is non-exclusive (meaning you are free to license your Content to anyone else in addition to PL8PIC), fully-paid and royalty-free (meaning that PL8PIC is not required to pay you or anyone else deriving rights from you for the use on the PL8PIC Services of the Content that you post), sublicensable (so that PL8PIC is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the PL8PIC Services), and worldwide (because the Internet and the PL8PIC Services are global in reach).
7.3. You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the PL8PIC Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the PL8PIC Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the PL8PIC Services and/or Linked Services.
7.4. The PL8PIC Services contain Content of PL8PIC ("PL8PIC Content"). PL8PIC Content is protected by copyright, trademark, patent, trade secret and other laws, and PL8PIC owns and retains all rights in the PL8PIC Content and the PL8PIC Services. PL8PIC hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PL8PIC Content (excluding any software code) solely for your personal use in connection with viewing the PL8PIC Website and using the PL8PIC Services.
7.5. The PL8PIC Services contain Content of Users and other PL8PIC licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the PL8PIC Services.
7.6. PL8PIC performs technical functions necessary to offer the PL8PIC Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the PL8PIC Services. In addition, you agree and acknowledge that PL8PIC may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the PL8PIC Services. You can control what type of communications you receive from the PL8PIC Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
7.7. L8PIC reserves the right to limit the storage capacity of Content that you post on, through or in connection with the PL8PIC Services.
8. Posted Content
8.1. Please choose carefully the information that you post on, through or in connection with the PL8PIC Services and that you provide to other Users. Your PL8PIC profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other PL8PIC Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and PL8PIC assumes no responsibility or liability for this material. If you become aware of misuse of the PL8PIC Services by any person or Linked Service, please contact firstname.lastname@example.org or email@example.com in the Contact Us link at the bottom of the PL8PIC Website front page.
8.2. PL8PIC may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of PL8PIC violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. PL8PIC assumes no responsibility for monitoring the PL8PIC Services for inappropriate Content or conduct. If at any time PL8PIC chooses, in its sole discretion, to monitor the PL8PIC Services, PL8PIC nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
8.3. You are solely responsible for the Content that you post on, through or in connection with any of the PL8PIC Services, and any material or information that you transmit to other Members and for your interactions with other Users.
9. Prohibited Content and Activity
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the PL8PIC Services. PL8PIC reserves the right to investigate and take appropriate legal action against anyone who, in PL8PIC's sole discretion, violates this provision, including, without limitation, removing the offending Content from the PL8PIC Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of PL8PIC:
9.1. is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.2. harasses or advocates harassment of another person;
9.3. exploits people in a sexual or violent manner;
9.4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
9.5 solicits or is designed to solicit personal information from anyone under 18;
9.6 publicly posts confidential information that poses or creates a privacy or security risk to any person;
9.7. institutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9.8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9.12. solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
9.13. involves commercial activities and/or sales without prior written consent from PL8PIC such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.14. includes an identifiable photograph or video of another person that you have posted without that person's consent;
9.15. for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
9.16. violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
9.17. The following are examples of the kind of activity that is illegal or prohibited on the PL8PIC Website and through your use of the PL8PIC Services. PL8PIC reserves the right to investigate and take appropriate legal action against anyone who, in PL8PIC's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
9.17.A. criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
9.17.B. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the PL8PIC Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, PL8PIC reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which PL8PIC deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the PL8PIC Services, you acknowledge that you will have caused substantial harm to PL8PIC, but that the amount of such harm would be extremely difficult to ascertain.
9.17.C. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the PL8PIC Services;
9.17.D. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
9.17.E. modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the PL8PIC Services other than your Content which you legally post on, through or in connection with the PL8PIC Services;
9.18.F. providing or using “tracking” or monitoring functionality in connection with the PL8PIC Services, including, without limitation, to identify other Users’ views, actions or other activities on the PL8PIC Services;
9.17.G. covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any PL8PIC page via HTML/CSS or any other means;
9.17.H. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
9.17.I. interfering with, disrupting, or creating an undue burden on the PL8PIC Services or the networks or services connected to the PL8PIC Services;
9.17.J. impersonating or attempting to impersonate PL8PIC or a PL8PIC employee, administrator or moderator, another Member, law enforcement official, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
9.17.K. for band, comedy, filmmaker and other profiles containing a PL8PIC player, copying the code for your PL8PIC Player and embedding it (or directing others to embed it) anywhere other than in your band profile on PL8PIC;
9.17.L. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9.17.M. selling or otherwise transferring your profile, your email address or URL;
9.17.N. using or distributing any information obtained from the PL8PIC Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9.17.O. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the PL8PIC Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by PL8PIC, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
9.17.P. relaying email from a third party's mail servers without the permission of that third party;
9.17.Q. using invalid or forged headers to disguise the origin of any Content transmitted to or through PL8PIC’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
9.17.R. using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the PL8PIC Website for the purposes of sending unsolicited or unauthorized material;
9.17.S. engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
9.17.T. using the PL8PIC Services in a fraudulent manner (e.g. creating fake license plate(s) or accounts, altering images, uploading scanned images of pictures from another picture or from a different digital souce like a computer, or altering location services).
9.17.U. using the PL8PIC Services in a manner inconsistent with any and all Applicable Law.
10. Copyright Protection and Any Other Intellectual Property
PL8PIC respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is PL8PIC’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe your work has been copied and posted on or through the PL8PIC Services in a way that constitutes copyright infringement, please contact PL8PIC at firstname.lastname@example.org and notify us of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the PL8PIC Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. PL8PIC's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, PL8PIC, LLC., 33 Main St., Whitesburg, KY 41858; PL8PIC's Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com PL8PIC provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact PL8PIC’s Copyright Agent at the email address listed above.
11. Linked Services to Third Parties
Linked Services created by third party developers may be available on, through or in connection with the PL8PIC Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your PL8PIC profile or shared with other Users on the PL8PIC Services or which may link to your PL8PIC account from outside of the PL8PIC Services. Linked Services may use your PL8PIC profile information, friends and/or other profile content on the Linked Service and share activity events between PL8PIC and the Linked Service (depending on the features the Linked Service chooses to make available).
12. Member Disputes
You are solely responsible for your interactions with other PL8PIC Users, third party developers, or any other parties with whom you interact through the PL8PIC Services and/or Linked Services. PL8PIC reserves the right, but has no obligation, to become involved in any way with these disputes.
PL8PIC is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the PL8PIC Services or Linked Services, by Users of the PL8PIC Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of PL8PIC. In addition, PL8PIC is not responsible for any damage, injury or loss caused by Users of the PL8PIC Services or by any of the equipment or programming associated with or utilized in the PL8PIC Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the PL8PIC Services may contain links to other websites or services. PL8PIC is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by PL8PIC. Inclusion of any linked website or service on the PL8PIC Services does not imply approval or endorsement of the linked website or service by PL8PIC. When you access these third party sites and services, you do so at your own risk. PL8PIC takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the PL8PIC Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. PL8PIC is not responsible for the conduct, whether online or offline, of any User of the PL8PIC Services or Linked Services. PL8PIC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. PL8PIC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the PL8PIC Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the PL8PIC Services or Linked Services. Under no circumstances shall PL8PIC be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the PL8PIC Services or Linked Services, attendance at a PL8PIC event, from any User Content posted on or through the PL8PIC Services or Linked Services, or from the conduct of any Users of the PL8PIC Services, whether online or offline. The PL8PIC Services and Linked Services are provided "AS-IS" and as available and PL8PIC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PL8PIC cannot guarantee and does not promise any specific results from use of the PL8PIC Services or Linked Services.
15. Limitation on Liability
IN NO EVENT SHALL PL8PIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE PL8PIC SERVICES OR LINKED SERVICES, EVEN IF PL8PIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PL8PIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PL8PIC FOR THE PL8PIC SERVICES DURING THE TERM OF MEMBERSHIP.
16. U.S. Export Controls
Software available in connection with the PL8PIC Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the PL8PIC Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without regard to its conflict of law provisions. You and PL8PIC agree to submit to the exclusive jurisdiction of the courts located within the State of Kentucky to resolve any dispute arising out of the Agreement or the PL8PIC Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to defend, indemnify, and hold PL8PIC, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, court costs, and attorneys' fees, made by any third party due to or arising out of your use of the PL8PIC Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through, or in connection with the PL8PIC Services, or your use thereof.
This Agreement is accepted upon your use of the PL8PIC Website or any of the PL8PIC Services and is further affirmed by you becoming a Member. Your agreement with PL8PIC will always include this Agreement at a minimum. Your access and use of certain PL8PIC Services will require you to accept additional terms and conditions applicable to such certain PL8PIC Services, in addition to this Agreement, and may require you to download Software or Content. The failure of PL8PIC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please see the Contact Us link on the PL8PIC front page.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Date of last revision: July 4, 2016
Copyright © 2011-2016 PL8PIC, LLC.
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The PL8PIC Website is a general audience site and does not knowingly collect IID from minors under 18 years of age.
COLLECTION AND SUBMISSION OF IID AND NON-IID ON PL8PIC
General. When PL8PIC collects IID from you it is because you are voluntarily submitting Registration IID to us in order to register as a Member of PL8PIC. PL8PIC may also collect IID from you if you choose to participate in PL8PIC Services activities like searches, sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to PL8PIC for review.
In addition, PL8PIC collects other data including IP address, GPS data, photo MD5 information, aggregate user data, and browser type. This data is used to manage and improve the PL8PIC Services, track usage, and improve security functions.
PL8PIC Members may also choose to provide or store non-IID information in their profiles, including but not limited to birth date, videos, pictures, hobbies, gender, relationship status, affiliated groups, blogs, and status updates (collectively “Profile Information”). Members provide this Profile Information at his or her sole discretion.
PL8PIC Members can change their Registration IID and Profile Information at any time and can control how Guests, other Members, and PL8PIC communicate with them by controlling their account settings, which is found in the “My Account” section their PL8PIC profile. For more information, please see My Account settings. In the event that a member's personal information changes from the time of his/her nitial registration, it is the responsibility of the user to his/her IID on his/her account to reflect this change.
Pixel tag. A pixel tag is a tiny image inserted in a webpage that is used to record the number and types of views for that page. PL8PIC reserves the right to allow third party pixel tags to be present on PL8PIC Services for purposes of advertising, providing services, or data and statistics collection.
You can program your computer to warn you each time a cookie is being sent, block third party cookies, or block all cookies. However, by blocking all cookies you may not have access to certain features on the PL8PIC Services.
NOTICE: PL8PIC WILL PROVIDE YOU WITH NOTICE ABOUT ITS IID COLLECTION PRACTICES
Some of the advertisements that appear on PL8PIC Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-IID about your visit to or use of PL8PIC Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, contact firstname.lastname@example.org
Third party applications (such as widgets) created by third party developers may also be available on the PL8PIC Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, PL8PIC does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with PL8PIC. PL8PIC encourages Members not to provide IID to the third party’s application unless the Member knows the party with whom it is interacting.
CHOICE: PL8PIC WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR IID
USE: PL8PIC 'S USE OF IID
In order to locate other PL8PIC Members that you may already know in the physical world, PL8PIC allows Users to search for Members using Registration IID (i.e., full name or email address). PL8PIC also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). PL8PIC may also enable Members to publicly display some Registration IID as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.
If you have consented to receive promotional materials (e.g., newsletters) or notifications from PL8PIC, PL8PIC may periodically use your email address to send you such materials related to the PL8PIC Services, as applicable. If you want to stop receiving such materials from PL8PIC, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.
PL8PIC employees, agents and contractors must have a business reason to obtain access to your IID. PL8PIC may share your IID with those who help us manage or provide PL8PIC Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your IID to provide PL8PIC with a specific service and not for any other purpose. PL8PIC may also provide your IID to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your IID. PL8PIC also may share your IID with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, PL8PIC may customize the advertising and marketing messages you receive on the PL8PIC Website, or may work with outside companies to do so. Your non-IID and/or Profile Information may be shared with these companies so this customization can be accomplished. PL8PIC prohibits these companies from sharing your non-IID and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with PL8PIC’s advertisers and business partners.
There may be instances when PL8PIC may access or disclose IID, Profile Information or non-IID without providing you a choice in order to: (i) protect or defend the legal rights or property of PL8PIC, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the PL8PIC Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if PL8PIC sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, PL8PIC may transfer your IID to the party or parties involved in the transaction as part of that transaction. Your use of the platform is your consent to the above.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. PL8PIC is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: PL8PIC PROTECTS THE SECURITY OF IID
PL8PIC uses commercially reasonable administrative, technical, personnel and physical measures to safeguard IID and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, PL8PIC uses reasonable methods to make sure that IID is accurate, up-to-date and appropriately complete. By your use of the platform, you irrevocably waive and forever release PL8PIC from any claims, losses, damages, or costs related to the unauthorized user of your IID.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR IID AND HOW TO CONTACT PL8PIC ABOUT PRIVACY CONCERNS
Whenever possible, PL8PIC Members may review the Registration IID we maintain about them in our records. We will take reasonable steps to correct any IID a Member informs us is incorrect. If you are a Member, you can view and change your Registration IID, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”
If you ask PL8PIC to stop using your IID, PL8PIC will honor that request while retaining any record of your IID that is necessary to comply with applicable federal, state or local law.
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Date of last revision: July 4, 2016
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