Terms and Conditions
PLIKI'S TERMS OF SERVICE
2. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING PLIKI. BY DOWNLOADING THE PLIKI SOFTWARE OR USING, ACCESSING, OR PURCHASING TICKETS FOR PLIKI, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT".) THIS INCLUDES ACCEPTING ANY MODIFICATIONS MADE TO THESE TERMS AND CONDITIONS FROM TIME TO TIME, WITHOUT LIMITATION OR QUALIFICATION.
3. IF YOU ARE NOT WILLING TO AGREE TO THIS AGREEMENT IN FULL PLEASE STOP USING PLIKI STRAIGHT AWAY.
4. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BODRUM ENTERPRISE LP We will send you a copy of this Agreement if you email us at firstname.lastname@example.org with Subject: Terms of Service Agreement.
LOCATION DATA - AN IMPORTANT DISCLAIMER.
THE LOCATION FEATURE IN PLIKI IS FOR PERSONAL NON-COMMERCIAL USE ONLY. IT IS NOT SUITABLE FOR EMERGENCY, NAVIGATION, OR ANY MISSION CRITICAL OR SAFETY APPLICATIONS WHATSOEVER. IT MUST NOT BE RELIED UPON WHEN OPERATING MACHINERY OR VEHICLES, OR IN ANY CIRCUMSTANCE WHERE DEATH, SERIOUS INJURY OR DAMAGE TO PROPERTY MAY RESULT. PLIKI IS NOT SUITABLE FOR BUSINESS USE OF ANY DESCRIPTION, OR FOR TRACKING PERSONS OR EQUIPMENT, AND MUST NOT BE USED FOR THESE PURPOSES.
CHILDREN AND MINORS NOT TO USE PLIKI.
PLIKI IS NOT AVAILABLE TO AND MUST NOT BE ACCESSED BY ANY PERSON UNDER THE AGE OF 18 YEARS IN ANY CIRCUMSTANCES. WHERE THE AGE OF MAJORITY IS 21 YEARS, PLIKI IS NOT AVAILABLE TO AND MUST NOT BE ACCESSED BY ANY PERSON UNDER THE AGE OF 21 YEARS IN ANY CIRCUMSTANCES. ANY PERSON UNDER THE AGE OF 18 (OR THE AGE OF 21 WHERE THAT IS THE AGE OF MAJORITY) MUST NOT VIEW OR OTHERWISE USE PLIKI, WHETHER DIRECTLY OR INDIRECTLY. NO PERSON OVER THE AGE OF 18 (OR 21 WHERE THAT IS THE AGE OF MAJORITY) MAY ALLOW OR SOLICIT A MINOR TO VIEW OR USE PLIKI IN ANY CIRCUMSTANCES WHATSOEVER.
AFFIRMATION OF ADULT STATUS.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE OVER THE AGE OF 18 (OR 21 WHERE THAT IS THE AGE OF MAJORITY) AND THAT YOU HAVE THE CAPACITY TO LAWFULLY ENTER INTO AND PERFORM ALL THE OBLIGATIONS CONTAINED IN THIS AGREEMENT.
MODIFICATION OF THIS AGREEMENT.
1. We reserve the right at our own discretion to modify, add to, change, or remove parts of this Agreement (including the Acceptability Guidelines) at any time. We will notify you of any such modification, addition, change or removal by sending an e-mail to the last e-mail address provided by you, and/or by posting notice of such alteration on PLIKI, and you hereby agree that this will constitute effective notice of any such alteration. It will be your responsibility to provide us with an up to date email address, and to check from time to time for changes to the Agreement. Should an email dispatched by us to the last email address provided by you not for any reason reach you, our having dispatched that email will nevertheless constitute effective notice of the changes we were trying to inform you about.
2. Your continuing to use PLIKI after we have dispatched an email to you containing notice of alterations to the Agreement, or after we have posted notice of such alterations on PLIKI, will constitute binding acceptance by you of those alterations, and agreement that such alterations shall automatically come into effect 30 days after our email giving notice to you was sent, or 30 days after notice of the changes was posted on PLIKI.
3. For new users of PLIKI, alterations will be effective immediately.
OWNERSHIP OF PLIKI.
1. PLIKI is owned and operated by Bodrum Enterprise Lp The PLIKI Software, content, visual interfaces, information, graphics, design, compilation, computer code, products and services including but not limited to the mobile device application and all other elements of PLIKI (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, as well as international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws.
2. All Materials contained in PLIKI are the property of Bodrum Enterprise Lp, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on PLIKI are proprietary to Bodrum Enterprise Lp or its affiliates and/or third-party licensors. Unless you are expressly authorized in writing to do so by Bodrum Enterprise Lp, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials.
ACCEPTABILITY GUIDELINES AND PROHIBITED CONDUCT.
1. PLIKI's Acceptability Guidelines located at pliki.bodrumenterprise.com ("the Guidelines") are hereby incorporated into this Agreement. Under this Agreement you have a duty to familiarize yourself with these Guidelines before posting any photo, text, or links to PLIKI.
2. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH THESE GUIDELINES.
3. SPECIFICALLY, AND WITHOUT PREJUDICE TO ANY OTHER PROVISION CONTAINED IN THE GUIDELINES, YOU WARRANT THAT YOU WILL NOT:
1. Use PLIKI or any location information obtained from PLIKI to “stalk,” harass, intimidate, abuse, defame, threaten or defraud other Users. Nor will you collect or attempt to collect or store location or personal information about other Users;
2. Use PLIKI if you are under the age of 18 years (or 21 years in places where that is the age of majority);
3. Make use of obscene, offensive or pornographic materials, or materials that depict minors or are in any way harmful to minors in your PLIKI profile page;
4. Use PLIKI for any commercial or non-private use, or any use incompatible with its intended purpose of personal, non-commercial use only;
5. Send junk mail to other Users of PLIKI, or make unsolicited offers, advertisements or proposals to them. This includes but is not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests or requests to sign petitions;
6. Use PLIKI for any illegal purpose, or in violation of any law, whether local, state, national, international or otherwise, including but not limited to laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
7. Access or attempt to access the PLIKI account of any other User;
8. Impersonate any person or entity, or falsely claim a connection with any person or entity;
9. Make any misrepresentation about the source, identity or content of information transmitted via PLIKI;
10. Remove, disable, override, circumvent, interfere with or in any way defeat the purpose of security-related features of PLIKI, or make any attempt to do the same. This includes features that prevent or restrict use or copying of content accessed through PLIKI, or features that enforce limitations on the use of PLIKI;
11. Deliberately interfere with or damage the operation of PLIKI, or any User's enjoyment of PLIKI, by any means, including but not limited to introducing or knowingly allowing the introduction of any virus, worm, Trojan or other malicious code;
12. Gain or attempt to gain unauthorized access to PLIKI, or any part of it, or to other accounts, computer systems or networks connected to PLIKI, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of PLIKI any activities conducted on PLIKI;
13. Use or attempt to use any robot, spider, scraper or other automated means to access PLIKI for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to PLIKI, or modify PLIKI in any manner or form, nor to use modified versions of PLIKI for the purpose of obtaining unauthorized access to PLIKI or any other purpose;
14. Post, store, transmit or in any way disseminate or allow to be transmitted or disseminated any material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
15. Post, store, transmit or in any way disseminate or allow the transmission or dissemination of any material which infringes any patent, trademark, trade secret, copyright, or any other proprietary or intellectual property right;
16. Use PLIKI or attempt to use PLIKI for tracking, locating, navigating or controlling any vehicle or other equipment or machinery, or any person, other than locating another User in the course of the bona fide use of the application in accordance with its intended purpose as set out in this Agreement; or
17. Use PLIKI or attempt to use PLIKI with any products, systems or applications installed or otherwise connected to or in communication with vehicles of any sort;
18. Use PLIKI in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or of PLIKI could lead directly to death, personal injury, or severe physical or property damage.
USAGE AND TERMINATION OF SERVICE
1. You acknowledge that parts of PLIKI may be accessed by downloading PLIKI to a mobile device without the need to register an account. You are responsible for the security of the mobile device on which PLIKI is installed or used. If you choose to use PLIKI, buy tickets for PLIKI or register for an account with PLIKI, you represent and warrant that: (a) all the registration information you submit is truthful and accurate; and (b) you will keep this information accurate and up to date. You are responsible for maintaining the confidentiality of your PLIKI login information and for the security of your mobile device, and are fully responsible for all activities that occur under your PLIKI account. You agree to notify Bodrum Enterprise Lp immediately of any unauthorized use, or suspected unauthorized use of your PLIKI account or any other breach of security. Bodrum Enterprise Lp cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1. BODRUM ENTERPRISE LP RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR ANY USER'S USE OF PLIKI, INCLUDING REGISTRATION ATTEMPS, AND A USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION OR PROFILES OF OTHER USERS.
2. BODRUM ENTERPRISE LP ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S ACCESS TO PLIKI, INCLUDING THE LOCATION INFORMATION OR REQUESTS OF OTHER USERS; OR TO CLOSE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
3. You are solely responsible for your involvement with other Users, and you agree that Bodrum Enterprise Lp will not be responsible for any loss or damage suffered as a result of such involvement.
4. Bodrum Enterprise Lp reserves the right (but has no obligation) to monitor disagreements between you and other Users.
5. Bodrum Enterprise Lp reserves the right (but has no obligation) to monitor the content of meeting requests and communication for any purpose. However, Bodrum Enterprise Lp does not control the content of User meeting requests, and you acknowledge that you are solely responsible for all your content or material in your meeting requests.
2. PLEASE NOTE THAT BODRUM ENTERPRISE LP RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER FOR ANY REASON, WITHOUT NOTICE.
CONTENT SUBMITTED BY USERS.
1. You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize PLIKI to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by PLIKI and this Agreement; and
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by PLIKI and this Agreement. For clarity, it is confirmed that you all retain all ownership rights in your User Submissions.
2. You understand that when using PLIKI you will be exposed to User Submissions from a variety of sources, and that Bodrum Enterprise Lp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
2. Bodrum Enterprise Lp assumes no responsibility whatsoever in connection with or arising from User Submissions. Bodrum Enterprise Lp assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Bodrum Enterprise Lp chooses, in its sole discretion, to monitor User Submissions, Bodrum Enterprise Lp nevertheless does not assume any responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Bodrum Enterprise Lp does not endorse and has no control over the content of User Submissions submitted by other Users. Bodrum Enterprise Lp makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Bodrum Enterprise Lp reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
3. User Submissions are owned by the User who submitted them, subject to Bodrum Enterprise Lp's license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
4. You hereby grant, and you represent and warrant that you have the right to grant to Bodrum Enterprise Lp an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in PLIKI. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
5. If you provide any feedback or suggestions to Bodrum Enterprise Lp regarding PLIKI(“Feedback”), you hereby assign to Bodrum Enterprise Lp all rights in the Feedback and agree that Bodrum Enterprise Lp shall have the right to use such Feedback and related information in any manner it deems appropriate. Bodrum Enterprise Lp will treat any Feedback you provide to it as non-confidential and non-proprietary. You agree that you will not submit to Bodrum Enterprise Lp any information or ideas that you consider to be confidential or proprietary.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS .
1. PLIKI may, solely as a convenience to Users, include links to other web sites or services (“Third Party Websites”). Bodrum Enterprise Lp does not endorse any such linked sites or the information, material, products or services contained on such linked sites or accessible through other linked sites. Furthermore, Bodrum Enterprise Lp makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PLIKI are solely between you and such advertiser. You agree that Bodrum Enterprise Lp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on PLIKI.
3. Parties other than Bodrum Enterprise Lp may provide services or sell products through PLIKI. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses, nor the content of their product and service offerings. Bodrum Enterprise Lp does not assume any responsibility or liability for the actions, product, or content of these or any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
4. By your use of third party applications that connect with PLIKI (“Third Party Applications”), you acknowledge and agree that Bodrum Enterprise Lp may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. Bodrum Enterprise Lp is not responsible for the transmission of the User Submissions from PLIKI to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Bodrum Enterprise Lp is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. Bodrum Enterprise Lp also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.
1. Bodrum Enterprise Lp and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
END USER LICENSES
1. Mobile Device. To use PLIKI you must have a mobile device that is compatible with the PLIKI application. Bodrum Enterprise Lp does not warrant that PLIKI will be compatible with your mobile device.
2. License Grant. Subject to the terms of this Agreement, Bodrum Enterprise Lp hereby grants you a non-exclusive, non-transferable, revocable license to (i use a compiled code copy of PLIKI for one account on one mobile device owned or leased solely by you, for your personal, noncommercial use.
1. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer PLIKI, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer PLIKI to any third party or use PLIKI to provide time sharing or similar services for any third party; (iii) make any copies of PLIKI; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of PLIKI, features that prevent or restrict use or copying of any content accessible through PLIKI, or features that enforce limitations on use of PLIKI; or (v) delete the copyright and other proprietary rights notices on PLIKI.
2. Software Upgrades. You acknowledge that Bodrum Enterprise Lp may from time to time issue upgraded versions of PLIKI, and may automatically electronically upgrade the version of PLIKI that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Bodrum Enterprise Lp will not be liable to you for any such modifications.
3. Open Source. With respect to any open source or third-party code that may be incorporated in PLIKI, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
3. Rights Reserved. The foregoing license grant under this Agreement is not a sale of PLIKI or any copy thereof and Bodrum Enterprise Lp or its third party partners or suppliers retain all right, title, and interest in PLIKI(and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Bodrum Enterprise Lp reserves all rights not expressly granted under this Agreement.
4. Trademarks, Service Marks and Logos. The name of this web site is a service mark of Bodrum Enterprise Lp No use of this mark shall be permitted except through the prior written authorization and permission of Bodrum Enterprise Lp All rights reserved.
5. Government End Users. If PLIKI is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of PLIKI by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
6. Export Control. PLIKI originates in the United States, and is subject to United States export laws and regulations. PLIKI may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the PLIKI may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of PLIKI and the PLIKI Software.
7. App Stores. You acknowledge and agree that the availability of the PLIKI Software is dependent on the third party from which you received the PLIKI Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Bodrum Enterprise Lp and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the PLIKI Software from it. You agree to comply with, and your license to use the PLIKI Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
1. You agree that if Bodrum Enterprise Lp believes in good faith belief that you have violated any of the terms and conditions of this Agreement, it may terminate any account you have with PLIKI or your use of PLIKI or any portion thereof, and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to PLIKI or any account you may have or portion thereof may be effected without prior notice, and you agree that Bodrum Enterprise Lp will not be liable to you or any third-party for any such termination. Bodrum Enterprise Lp does not permit copyright infringing activities on PLIKI, and reserves the right to terminate access to PLIKI, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of PLIKI and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Bodrum Enterprise Lp may have at law or in equity.
ALL WARRANTIES DISCLAIMED
1. PLIKI (AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLIKI) ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BODRUM ENTERPRISE LP AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
2. BODRUM ENTERPRISE LP AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN PLIKI WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PLIKI OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. BODRUM ENTERPRISE LP AND ITS SUPPLIERS AND PARTNERS (INCLUDING THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE PLIKI SOFTWARE IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BODRUM ENTERPRISE LP OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS PLIKI. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF PLIKI AT YOUR OWN DISCRETION AND RISK.
4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION; HOLD HARMLESS
1. You agree to indemnify, defend, and hold Bodrum Enterprise Lp (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or PLIKI generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of PLIKI to meet another User in-person or to locate and attend any offline place or event. Bodrum Enterprise Lp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL BODRUM ENTERPRISE LP (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE PLIKI; (C)PLIKI GENERALLY (INCLUDING THE PLIKI SOFTWARE) OR SYSTEMS THAT MAKE PLIKI AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH PLIKI OR ANY OTHER USER OF PLIKI, EVEN IF BODRUM ENTERPRISE LP OR A BODRUM ENTERPRISE LP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
2. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF BODRUM ENTERPRISE LP (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF PLIKI (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING PLIKI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BODRUM ENTERPRISE LP'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
BENEFIT OF THE BARGAIN.
1. YOU ACKNOWLEDGE AND AGREE THAT BODRUM ENTERPRISE LPHAS OFFERED PLIKI, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BODRUM ENTERPRISE LP, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BODRUM ENTERPRISE LP BODRUM ENTERPRISE LP WOULD NOT BE ABLE TO PROVIDE PLIKI TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
1. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other PLIKI Users or (2) any third party site, products, services, and links included on or accessed through PLIKI. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
1. It is Bodrum Enterprise Lp's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Bodrum Enterprise Lp will promptly terminate without notice the accounts of Users that are determined by Bodrum Enterprise Lp to be “repeat infringers.” A repeat infringer is a User who has been notified by Bodrum Enterprise Lp of infringing activity violations more than twice and/or who has had a User Submission removed from PLIKI more than twice.
2. If you are a copyright owner or an agent thereof, and you believe that any content hosted on PLIKI infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bodrum Enterprise Lp's Designated Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on PLIKI are covered by a single notification, a representative list of such works on PLIKI;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bodrum Enterprise Lp to locate the material;
4. Information reasonably sufficient to permit Bodrum Enterprise Lp to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”)
3. Bodrum Enterprise Lp's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agents
4. Bodrum Enterprise Lp
5. Email: email@example.com
6. For clarity, only DMCA notices should go to the Bodrum Enterprise Lp Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
PAYMENTS, CANCELLATION, FINAL SALE.
1. Any and all payments made to Bodrum Enterprise Lp for use and access to PLIKI are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within PLIKI violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited.
2. We reserve the right at any time to charge fees for access to any portion or portions of PLIKI.
1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any principles of conflicts of law.
2. Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or PLIKI shall be filed only in the state or federal courts in and for County, Delaware and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Bodrum Enterprise Lp from seeking injunctive relief in a court of competent jurisdiction.
3. Arbitration. If a dispute arises between you and Bodrum Enterprise Lp, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Bodrum Enterprise Lp regarding PLIKI by emailing us at firstname.lastname@example.org
1. You and Bodrum Enterprise Lp. agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or PLIKI (a “claim”) in accordance with this Section 23.iii)1. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2. All claims between you and Bodrum Enterprise Lp must be resolved in accordance with this Section. All claims filed or brought contrry to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Bodrum Enterprise Lp may recover legal fees and costs up to $1,000, provided that Bodrum Enterprise Lp has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should Bodrum Enterprise Lp file a claim contrary to this Section, you may recover legal fees and costs up to $1,000, provided that you have notified Bodrum Enterprise Lp in writing of the improperly filed claim, and Bodrum Enterprise Lp fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
4. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
5. Notices. Bodrum Enterprise Lp may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on PLIKI.
6. Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Bodrum Enterprise Lp without restriction.
7. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to PLIKI.
8. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Bodrum Enterprise Lp as set forth above.
9. Claims. YOU AND BODRUM ENTERPRISE LP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PLIKI MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Disclosures. The services hereunder are offered by Bodrum Enterprise Lp General Inquiries: email@example.com
11. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using PLIKI Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to PLIKI Software from the Apple App Store.
12. Acknowledgement: Bodrum Enterprise Lp and you acknowledge that this Agreement is concluded between Bodrum Enterprise Lp and you only, and not with Apple, and that Bodrum Enterprise Lp, not Apple, is solely responsible for PLIKI Software and the content thereof. To the extent this Agreement provides for usage rules for PLIKI Software that are less restrictive than the Usage Rules set forth for PLIKI Software in the App Store Terms of Service, or are otherwise in conflict with those Usage Rules, the more restrictive Apple term applies.
13. Scope of License: The license granted to you for PLIKI is limited to a non-transferable license to use PLIKI on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
14. Maintenance and Support: Bodrum Enterprise Lp is solely responsible for providing any maintenance and support services with respect to PLIKI, as specified in this Agreement (if any), or as required under applicable law. Bodrum Enterprise Lp and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to PLIKI.
15. Warranty: Bodrum Enterprise Lp is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of PLIKI Software to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for PLIKI to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to PLIKI , and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole Bodrum Enterprise Lp's responsibility.
16. Product Claims: Bodrum Enterprise Lp and you acknowledge that Bodrum Enterprise Lp, not Apple, is responsible for addressing any claims by you or any third party relating to PLIKI or your possession and/or use of the PLIKI Software, including, but not limited to: (i) product liability claims; (ii) any claim that the PLIKI Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Bodrum Enterprise Lp's liability to you beyond what is permitted by applicable law.
17. Intellectual Property Rights: Bodrum Enterprise Lp and you acknowledge that, in the event of any third party claim that the PLIKI Software or your possession and use of the PLIKI Software infringes that third party’s intellectual property rights, Bodrum Enterprise Lp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
18. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Developer Name and Address: Bodrum Enterprise Lp's contact information for any end-user questions, complaints or claims with respect to the PLIKI Software is set forth above.
20. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the PLIKI Software.
21. Third Party Beneficiary: Bodrum Enterprise Lp and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Effective Date, February 10, 2019
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE