Plater Terms of Service and Privacy Policy

These Terms of Service and Privacy Policy are a binding legal agreement between you and Plater Inc., a Delaware corporation with its headquarters in New York, New York ("Plater", "we", "us" or "our"). Plater provides services, content, features and products through the Plater website located at https://plater.com (the "Plater Site" or the "Site"), through mobile and desktop or device applications (including iOS and Android applications), browser extensions and Plater-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter) (collectively, the "Plater", "Plater Service" or the "Service"). By registering as a member or by visiting, browsing, or using the Plater Service in any way, you (as a "user") accept these Terms of Service ("Agreement"), which forms a binding agreement between you and Plater.

If you do not wish to be bound by this Agreement, do not access or use the Plater Service. Certain elements of the Plater Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Plater Service is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://plater.com/privacy/. Plater may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

We may, in our sole discretion, refuse to offer the Plater Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you, and the right to access and use the Plater Service is revoked where this Agreement or use of the Plater Service is prohibited or conflicts with any applicable law, rule or regulation.

The Service may contain links to or embedded content from third party websites that are not owned or controlled by Plater. Plater has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Plater will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Plater from any and all liability arising from your use of any third-party website.

In order to access some features of the Service, you will have to create a Plater Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You must update your information if it changes. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Plater immediately of any breach of security or unauthorized use of your account.

Although Plater will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Plater or others due to such unauthorized use.

You agree not to distribute in any medium any part of the Service or the Content without Plater’s prior written authorization. You agree not to alter or modify any part of the Service. You agree not to use the Service for any of the following commercial uses unless you obtain Plater’s prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Plater appears on the same page and is of sufficient value to be the basis for such sales. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", that accesses the Service in a manner that sends more request messages to the Plater servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Plater grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Plater reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. In your use of the Service, you will comply with all applicable laws. Plater reserves the right to discontinue any aspect of the Service at any time.

Except as expressly permitted in writing by an authorized representative of Plater, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Plater Service, nor will you take any measures to interfere with or damage the Plater Service. All rights not expressly granted by Plater in this Agreement are reserved.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You represent that all Content submitted by or on behalf of you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations and does not infringe any third party proprietary rights. You acknowledge that all Content accessed by you using the Plater Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We make no representations, warranties or guarantees with respect to any Content that you access on or through the Plater Service.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Plater is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Plater with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Plater, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

You consent to receive all communications including notices, agreements, disclosures, or other information from Plater electronically. Plater may communicate by email or by posting to the Service. For support-related inquiries, you may contact us using Contact Form.

Nothing in this Agreement or otherwise limits Plater’s right to object to subpoenas, claims, or other demands.

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PLATER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PLATER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PLATER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLATER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL PLATER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PLATER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Plater from its facilities in the United States of America. Plater makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Plater, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Plater without restriction. This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.

Plater provides the Service on an "AS IS" and "AS AVAILABLE" basis. You therefore use the Service at your own risk. Plater expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Plater makes no representations or warranties: that the Service is or will be permitted in your jurisdiction; that the Service will be uninterrupted or error-⁠free concerning any content, including Content; concerning any third party’s use of User Content that you submit; that the Service will meet your personal or professional needs; that Plater will continue to support any particular feature of the Service; or concerning sites and resources outside of the Service, even if linked to from the Service.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Plater, or owned by their respective owners and subject to copyright and other intellectual property rights under the law.

When you interact with us through the Service, we may collect Personal Data and other information from you. We collect Personal Data from you when you voluntarily provide information, such as when you contact us with inquiries, register an account with us, or participate in activities on the Service. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with these Terms of Service. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Plater and certain third parties located in the United States or abroad.

When you interact with the Service, we automatically receive and store certain information. This information does not reveal your specific identity (like your name or contact information), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, referring URLs, device name, country location, information about how and when you use the Service and other technical information. Plater may store such information itself or such information may be included in databases owned and maintained by Plater affiliates, agents, or service providers. We may use such information and pool it with other information to track, for example, the characteristics of clients that register for or use Plater, and we may publish or otherwise disclose such aggregated information.

In an ongoing effort to better understand and serve the users of the Service, Plater may conduct research on the characteristics of such users, including but not limited to user demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Plater may publish or otherwise disclose such aggregated information.

Analytics and Tracking Technologies: We may, and we may allow third party service providers to, use cookies or similar technologies to collect information about your browsing activities over time and across different services following your use of the Service. For example, we use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how users use the Service and enhance your experience when you use the Service. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.

On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the features of the Service.

No uniform technology standard for recognizing and implementing "Do Not Track" (DNT) signals has been finalized. As such, the Service currently does not respond to DNT signals and operates as described in these Terms of Service whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this document.

We use the Personal Data you provide for a variety of purposes. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided as well as for other purposes, including legitimate business interests. For instance, but without limitation: to facilitate account creation and Service usage; your account information, including Personal Data, will be used to provide you with access to such components of the Service that require an account and to monitor your usage of the Service; we use your Personal Data to render services to you such as sending you information and reminders; we use your Personal Data to respond to your inquiries, questions, and feedback; we may use your Personal Data to request feedback and to contact you about your use of the Service; we may use your Personal Data to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies; we may use your information as part of our efforts keep the Service safe and secure (for example, for fraud monitoring and prevention); to enforce our terms, conditions, and policies; we may use your Personal Data for other business purposes, such as data analysis, identifying usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve the Service and our products, services, marketing, and your experience.

We may share your personal information and non-personal information with other parties for a variety of purposes. In addition to the disclosures described above, there are certain circumstances in which we may share your Personal Data with certain third parties without further notice to you. For instance, but without limitation: Plater may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Plater or individuals associated with Plater, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability; we may share your Personal Data with our affiliates (some of our affiliates may include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us); we may share your Personal Data with third party vendors, service providers, contractors, or agents who perform services for us or on our behalf (examples include: payment processing, data analysis, email delivery, text message delivery, hosting services, and marketing efforts); we may allow certain third parties to use tracking technology on the Service, which will enable them to collect data about how you interact with the Service over time (this information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand online activity); we may share or transfer your Personal Data in order to improve our business.

We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of company assets, sale of data that we collect, financing, acquisition of all or a portion of our business to another company, reorganization, dissolution or similar event.

These Terms of Service do not apply to any data collected by Plater other than data collected through the Service. In addition, these Terms of Service shall not apply to any information that we do not directly solicit from you that you provide to Plater through the Service or through any other means. This includes, but is not limited to, information provided to Plater or any Plater personnel by text or online message, phone or online call, email, through forms on the Service, or other such communication, information provided through social media platforms, information that you otherwise provide in connection with the Service outside of our registration process, and other unsolicited submissions (collectively, "Unsolicited Information").

The Service may contain links to other websites not operated or controlled by Plater (the "Third Party Sites"). The policies and procedures we describe here do not apply to the Third Party Sites. The links from the Service do not imply that Plater endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Information security is important to Plater and we take reasonable steps to protect the Personal Data provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet service or transmission is ever fully secure or error free. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us through electronic means. We ask that you do your part by maintaining your Internet and Service passwords and access codes strictly confidential. Please keep this in mind when disclosing any Personal Data to Plater via the Internet.

You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive service that does not give rise to personal jurisdiction over Plater, either specific or general, in jurisdictions other than Delaware. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Plater that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the Privacy Notice and any other legal notices published by Plater on the Service, shall constitute the entire agreement between you and Plater concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Plater’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Plater reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PLATER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: October 5th, 2020

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