By accessing or using the Plus Club mobile application, Facebook application or its website found at plusclub.app, whether through a mobile device or computer (collectively, the “Service”), you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Plus Club account. If you wish to create a Plus Club account and use the Services, Please review the terms described herein carefully.
You agree to be bound by this Agreement by your use of the App. If you do not agree with or do not wish to be bound by any provision hereof, cease using this App immediately.
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT Plus Club SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Plus Club with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.
Your Responsibilities. You are solely responsible for the User Content that you Post and agree that any User Content you Post may be viewed by other Users.
Monitoring by Us. You understand and agree that we may, but we are not obligated to, monitor or review any User Content you or others Post on the App. We reserve the right to delete any User Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the App or the Company.
Limited License. You hereby grant to us, our Affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works for any purpose, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
Prohibited User Content. The following is a partial list of User Content that is prohibited from the App. You may not Post User Content that:
Contains overtly sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings;”
Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Advocates harassment or intimidation of another person (includes bullying);
Requests money from, or is intended to otherwise defraud, other Users;
Involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming (or spimming, phishing, trolling or similar activities);
Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
Contains realistic portrayals of people or animals being killed, maimed, tortured or abused, or content that encourages violence;
Contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
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 manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, permission of the minor’s legal guardian);
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
Notwithstanding any other provision of these Terms, Plus Club reserves the right, but has no obligation, to disclose any information that you submit to the Service if in its sole opinion Plus Club suspects or has reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include without limitation elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Plus Club in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include without limitation law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Plus Club is permitted to make such disclosures.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Plus Club and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Plus Club may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Plus Club related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, Plus Club shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Plus Club Content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.
Notwithstanding any of these Terms, Plus Club reserves the right without notice and in its sole discretion to terminate your license to use the Services and block or prevent your future access to, and use of, the Services. You can also terminate your own account at any time, for any reason. Following the guide from [Help & Feedback] of the Service. Or send your request to [email protected] with the subject "Termination" and your profile information.
In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.
Plus Club shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Our policy is to respond to notices of alleged infringement that comply with the DMCA. Copyright infringing materials found within the Services can be identified and removed via Plus Club's DMCA compliance process posted, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
You agree that the provisions of this section will survive any termination of your account or of the Services. THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY Plus Club ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Plus Club DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Plus Club BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES (INCLUDING BUT NOT LIMITED TO MOMENTS, COMMENTS ON MOMENTS, REVIEW TAGS AND PROFILE INFORMATION ETC), INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Plus Club, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Plus Club FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Plus Club ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, Plus Club, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.