Our Terms and Conditions of Service
The following terms and conditions (collectively "agreement" "terms and conditions" "statements"), govern your online and/or offline access and use of iplaud.com, including but not limited to all full and mobile Internet websites and mobile applications (apps), recommendation API (application programming interface) buttons ((p)), ((!)), tools, services, products and/or platforms that are owned and operated by Plawdit LLC, a Connecticut company (a/k/a "iPlaud", "iplaud", "IPLAUD" and/or "iplaud.com"), and/or its successors and assigns (collectively "iPlaud" "iplaud.com" "iplaud" "IPLAUD" "Plawdit" "company" "we" "us" or "our"). Each and every time you access and/or use any online or offline services, applications, products, platforms, apps or tools of iPlaud, you expressly agree to be bound by the following and then-current terms and conditions, including any updates and/or modifications, which we, in our sole discretion, may make from time to time. You, as a user/member of iPlaud (collectively "you" "your" "yourself"), expressly agree, acknowledge, represent, warrant, and/or accept all of the following statements, terms and conditions:
- As of the date you initially sign(ed) up as a member of iPlaud you are (were) 15 years of age or older.
- You shall take full and absolute responsibility for any and all content and commentary that you post or publish on iplaud.com and, accordingly, you shall ensure that such content and/or commentary do not violate any copyrights, or any local, state, federal or international laws, statutes, and/or regulations ("Laws").
- iPlaud in its sole discretion has the right to expunge or recover any names, content, commentary, marks and the like published or posted by you should we believe that there has been an infringement or theft of: identity, intellectual property or trade name, logo and/or mark, or a violation of any Laws. No notice to you is required.
- You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. iPlaud has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe that your work has been copied and posted on the iPlaud service in a way that constitutes copyright or trademark infringement, please contact and notify the designated agent, Chris Lippi at 315 W Lyon Farm Drive, Greenwich, CT 06831, or by email: firstname.lastname@example.org (+1 203.240.9173) and insert “iPlaud Terms of Service” in the subject line. Notification of claimed infringement must include the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the iPlaud service;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.
- an electronic or physical signature of the person authorized to act on your behalf;
- a description of the material or content that has been removed or to which access has been disabled and where the material or content was located on the iPlaud service before it was removed or access to it was disabled;
- a written statement by you that under penalty of perjury, that you have a good faith belief that the material or content was removed or disabled as a result of mistake or misidentification of the material or content to be removed or disabled;
- your address, telephone number, and email address; and
- a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
iPlaud reserves the right to remove any materials or content alleged to be infringing without prior notice, at iPlaud’s sole discretion, and without liability to you.
In appropriate circumstances, iPlaud will also terminate your account if you are determined to be a repeat infringer.
Any person who knowingly misrepresents that material is infringing or that material or content was removed or disabled by mistake or misidentification may be subject to liability.
- To keep your login password private and not share it with anyone. And not access another member's account without the member's express written permission.
- To report immediately to iPlaud and/or the proper authorities any illegal or inappropriate content, images, photos, posts and/or commentary.
- That iPlaud reserves the right and sole discretion to suspend or discontinue your account and notify the relevant authorities in the event that we deem that a violation of any Laws has taken place. No notice to you is required.
- That iPlaud reserves the right to recover and/or expunge user accounts, names, logos, images, content and/or monikers on behalf of businesses, organizations, entities or individuals that legally own or otherwise possess license and/or trademark rights to such names, logos, images, content or monikers.
- iPlaud may display Content, advertisements, promotions, coupons, offers, offerings, contests, surveys, content and/or the like including without limitation third-party (commercial or noncommercial) hyperlinks, hyperlinked buttons, icons and/or images (e.g., to purchase products or services, make a reservation, etc.) near, beside, connected to, relative/corresponding to and/or in connection with your Content.
- iPlaud shall not be liable to you for any modification, suspension or discontinuation of iPlaud or the deletion or loss of any content you may have, added, posted, saved or shared on and/or via iPlaud.
- Not to misrepresent yourself in any way on iPlaud.
- To respect the rights, opinions and/or recommendations of other iPlaud users/members.
- Not to post indecent, pornographic, offensive and/or unseemly photos and/or images.
- Not, in any way, use iPlaud to engage in an activity or activities that are deceitful, malicious, discriminatory and/or in violation of any Laws.
- Not, in any way or form, use iPlaud (i) in connection with child and/or sexual grooming (ii) if you're a convicted sex offender, or (iii) to solicit, promote and/or recommend prostitution, sexual favors or the like.
- Not, in any way or form, use iPlaud as a tool or vehicle for cyber bullying, predatory acts or behavior, or harassment.
- Not to express yourself on iPlaud through the use of indecent or vulgar language.
- Not to post any remarks or content that are racist, hateful, threatening or disparaging, or untrue.
- Not to use your account for any commercial benefit or unauthorized commercial communications.
- Not to offer any form of contest or promotion on iPlaud without our prior written consent.
- Not to harvest any content and/or information on/from iPlaud either manually or using automated means (such as bots, robots, spiders, etc.).
- Not to post or spread any viruses, or any form of spam or malicious code on iPlaud.
- Not to do anything that could in any way impede the functionality of iPlaud.
- Not to modify or hack iPlaud to create a false affiliation or association with iPlaud.
- Not to access iPlaud's private APIs (application programming interfaces).
- Not to copy, reverse engineer, alter, impede or otherwise tamper with the underlying functionality and/or technology of iPlaud and/or our API buttons.
- Not to post content that is or may be pornographic, vulgar, derogatory, malicious, or in violation of another person's or entity's intellectual property rights or any Laws. iPlaud reserves the sole right and discretion to permanently delete questionable content without providing you with any prior notice.
- Not to post another person's or entity's private and/or confidential information without the express written consent of such person or entity. This includes, but is not limited to private contact information, personal home addresses, nonpublic or sensitive financial information, personal identification documents or images, and any information that violates a person's or entity's privacy.
- That stock photos made available to you on iplaud.com or those used by us in connection with iPlaud promotional, contest, sweepstake or advertisement materials or the like are the exclusive legal property of iPlaud or independent third parties (such as Getty Images) and such photos shall not be copied, reproduced, transferred, transmitted or retransmittted, or otherwise disseminate by you.
- That (i) you are solely responsible for the content posted by you on iPlaud and/or shared by you (ii) your postings and use of your content on iPlaud does not violate any privacy rights, publicity rights, copyrights, Laws, contract rights, intellectual property rights or any other rights of any person or entity and (iii) the posting of your content on iPlaud does not result in a breach of contract between you and any third party. You expressly agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of content you post on iPlaud and/or your Content. You expressly agree to release, indemnify and hold harmless iPlaud, its successors and assigns, and any and all third-party beneficiaries, including, without limitation, its officers, directors, members, agents, employees, representatives, partners, joint venturers, and affiliated companies/entities (past, present and future) from any and all losses, costs, expenses (including attorneys' fees), claims and/or causes of action, whether known or unknown, that relate in any way to any of your activities concerning iPlaud and/or that relate in any way to your use of iPlaud, including without limitation, our API buttons, apps, and/or any of our services, tools, products, or platforms.
- You will not (or even attempt to) in any way, manner and/or form, directly or indirectly, manipulate, game, cheat, defraud, or cause injury or damage to iPlaud's online services or iPlaud's business, reputation or assets. For example, without limitation, by directly or indirectly causing recommendations and/or likes of yourself and/or your business(es), your personal and/or affiliate interests to be false, fake, fraudulent, inflated and/or exaggerated, including by means of incentives, gifts, astroturfing, bribes, promotions, paying for recommendations and/or likes, or the like. You agree not to directly or indirectly engage in or cause to bring about self-promotion. Moreover, you shall not manipulate, game or attempt to manipulate or game tags/keywords in such a way that recommendations and/or likes of your business(es) display in search results more frequently, inappropriately and/or falsely. Determination of any and all such violations shall be made by us in our sole and absolute discretion.
- We shall in our sole and absolute discretion and in any and/or all respects control and/or determine, programmatically or otherwise, what is included/delivered in your feed.
- We do not guarantee in any way whatsoever the accuracy nor the completeness, security, functionality, uptime(s), safety, usefulness, features, utility, back up, availability and/or capability of any of: our online or offline services or third party services including, without limitation, any related data and/or content and/or your Content nor those/that of third parties, any of our partners, associates, vendors and/or affiliates.
- That iPlaud, ((!)), ((p)) and the name IPLAUD (in any case or color) and all its official trademarks, service marks and applications are proprietary assets protected by copyright, trademark, patent, trade secret and/or government registration or other Laws, and any unauthorized use by you or anyone is strictly prohibited. Likewise, you expressly recognize that the names and marks of other entities or persons displayed on iPlaud are the property their respective owners and any unauthorized use by you is strictly prohibited. You expressly represent that you are not now, nor do you intend to be in the future, a competitor of iPlaud, or its online services.
- That iPlaud does not claim any ownership rights to the text, files, links, attachments, chats, images, photos, audio, videos, sounds, musical works, works of authorship, messages, commentary, recommendations, endorsements, likes, asks, chats, your profile photos and/or images, information, data, hyperlinks and their related content, applications, messaging, or any content or any other materials (collectively, "Content") that you publish, post, include, add, save, author and/or display on or via iPlaud. That said by displaying, publishing, viewing, launching, following/tracking anything (e.g., person, business, place, product, service, member, tag, location, demographic, category, or the like), including by adding, saving, including, authoring and/or posting, any Content or thing on or via iPlaud (collectively, "your Content"), you hereby grant to iPlaud a nonexclusive, fully paid and royalty-free, worldwide, license and/or right to: track, use, publicize, commercially exploit and/or sell such data and/or your Content in our sole and absolute discretion, including without limitation to modify, reformat, aggregate, associate or tie/link your recommendation(s) to third parties (e.g., product, service, commercial advertisements, event, place, web content, goods, group, person and/or entity), delete from, add to, publicly perform, publicly display and/or share, post, air, publicize, circulate, broadcast, sell, commercially exploit, translate, reproduce, transfer, transmit or retransmit, disseminate, distribute and/or publish (e.g., directly or indirectly to wider audiences, via third parties or otherwise) your Content (as is, or as modified or reformatted by us), including without limitation distribution or conveyance in whole or in part, together with or apart from all or other content on iplaud.com, in any media formats through any medium or media channels, except for any of your Content that you have designated not to be shared publicly (said exception shall not apply to your Content anonymized by iPlaud that is, if your name has been redacted or removed from your Content by us).
- We reserve the right, in our sole discretion and without notice or explanation to disable, purge and/or cancel your account.
- If you, the entity you perform services for, and/or any and all other entities, businesses, organizations, partners, agents, representatives, affiliates, contractors, or employees of yours ("Entity") use iPlaud for business or commerce, including but not limited to Entity's use of iPlaud's recommendation API (application programming interface) buttons, Entity hereby expressly agrees as well to be bound by all of our Business Terms, which are hereby incorporated by reference into and made a part of this agreement.
- You shall not have the right to use, copy, publish, share, sell or otherwise distribute any information, data and/or content that relates in any way to any information, data and/or content that is, and/or can be, deemed in any way proprietary by/to Plawdit.
Any commercial or other type deal, offer, coupon, promotion, giveaway, incentive, advertisement, affinity marketing, contest, loyalty program, survey, events, specials, and the like published and/or offered ("Offer(s)") by a business, iplaud member, entity, person, group and/or you (collectively “Offeror”) shall in each and every case be deemed to be the full responsibility, commitment and obligation of Offeror, i.e., and not Plawdit.
Any Offer reviewed, examined, claimed, accepted, tendered, proffered and/or redeemed by you is a matter and/or contract (Transaction) between you and the third party/Offeror. Plawdit is not and shall not be deemed a party to such Transaction, which is/shall be strictly between you and the third party/Offeror. Accordingly, any grievances, disputes, claims of any kind or nature, including without limitation legal claims and/or Law suits (“Disputes”) shall not involve Plawdit nor require, compel or otherwise cause Plawdit to be involved in Disputes in any way whatsoever.
Offer or promo code can be redeemed only by Offeror and only at the time/point of purchase and/or redemption, i.e., and not by or at Plawdit.
- No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship or the like is intended or created by this agreement.
- You may contact Plawdit LLC directly at 26 Silver Spring Lane, Ridgefield, CT 06877.
- We reserve the right, in our sole discretion, to charge you service fees (amounts to be solely determined by us) plus any third party costs and expenses for your use of, and/or access to, any of the company's services and/or products including, but not limited to, your use of/access to our API buttons and/or any of the company's related or derivative services, products, data and/or information.
- Resolution of Disputes – IF A DISPUTE ARISES BETWEEN YOU AND PLAWDIT, OUR GOAL IS TO PROVIDE YOU WITH A NEUTRAL AND COST EFFECTIVE MEANS OF RESOLVING THE DISPUTE QUICKLY. ACCORDINGLY, YOU AND PLAWDIT AGREE TO RESOLVE ANY CLAIM OR CONTROVERSY AT LAW OR IN EQUITY THAT ARISES OUT OF THIS AGREEMENT AND/OR ANY OF OUR SERVICES AND/OR PRODUCTS (A "CLAIM") IN ACCORDANCE WITH ONE OF THE PARAGRAPHS BELOW OR AS WE AND YOU OTHERWISE AGREE IN WRITING. BEFORE RESORTING TO THESE ALTERNATIVES, WE STRONGLY ENCOURAGE YOU TO FIRST CONTACT US DIRECTLY AT MICHAEL@IPLAUD.COM.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims – All claims you bring against Plawdit must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes section, Plawdit shall recover attorneys' fees and costs up to $10,000, provided that Plawdit has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- If any one or more provisions, rules, regulations, or requirements set forth, referenced and/or incorporated by reference herein, including any portion(s) thereof be held invalid, illegal or unenforceable in any respect (collectively "Provisions"), you agree that (i) such Provisions shall be interpreted in such a manner as to preserve, to the maximum extent possible, the Provisions written intent and (ii) the remaining provisions, rules, regulations, or requirements contained, referenced and/or incorporated by reference herein shall remain in full force and effect. All provisions, rules, regulations and requirements of this agreement, including those referenced and/or incorporated by reference herein, shall survive your discontinued use of iPlaud and/or canceled membership (whether voluntary or involuntary) with iPlaud and, accordingly, shall remain in full force and effect.
- Disclaimer of Warranties. PLAWDIT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEBSITE OR APPS, IPLAUD MARKS, IPLAUD CONTENT, IPLAUD.COM, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Plawdit obtains the content appearing on iplaud.com and/or its apps from sources that it considers reliable; however, neither Plawdit nor any of its vendors, partners or affiliates warrant the accuracy or completeness of such content.
- Limitation of Liability. IN NO EVENT SHALL PLAWDIT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LACK OF A REQUIREMENT OF ANY MONETARY PAYMENT HEREUNDER IS BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- This agreement and the rights and the liabilities of the parties hereto shall be governed/determined in all respects in accordance with the laws of the State of Connecticut, USA. You agree that any claim or dispute you may have against Plawdit must be resolved by a court located in Fairfield County, Connecticut, except as otherwise agreed by the parties or as described in the Arbitration Option section above. You agree to submit to the jurisdiction of the courts located within Fairfield County, Connecticut for the purpose of litigating all such claims or disputes.