Terms of Use
Effective as of June 8, 2020.
Welcome to the Plus Samples (the “Service”). The following Terms of Use apply
when you view or use the Service located at: https://plussamples.co.uk/. Please
review the following terms carefully. By accessing or using the Service, you
signify your agreement to these Terms of Use. If you do not agree to these
Terms of Use, you may not access or use the Service.
PRIVACY POLICY
The company respects the privacy of its Service users. Please refer to the
Company’s Privacy Policy which explains how we collect, use, and disclose
information that pertains to your privacy. When you access or use the Service,
you signify your agreement to this Privacy Policy.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 16 years old to register for and use the Service.
If you are a user who signs up for the Service, the company will create a personalized
account, which includes a unique username and a password to access the Service
and allow you to receive messages from the Company. You agree to notify us
immediately of any unauthorized use of your password and/or account. The
Company will not be responsible for any liabilities, losses, or damages arising
out of the unauthorized use of your member name, password and/or account.
USE RESTRICTIONS.
Your permission to use the Site is conditioned upon the following Use Restrictions
and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is
abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable and offensive; - use the service for any unlawful
purpose or for the promotion of illegal activities; - attempt to, or harass, abuse or
harm another person or group; - use another user’s account without
permission; - provide false or inaccurate
information when registering an account; - interfere or attempt to interfere
with the proper functioning of the Service; - make any automated use of the
system, or take any action that we deem to impose or to potentially impose
an unreasonable or disproportionately large load on our servers or network
infrastructure; - bypass any robot exclusion headers
or other measures we take to restrict access to the Service or use any
software, technology, or device to scrape, spider, or crawl the Service or
harvest or manipulate data; or - publish or link to malicious
content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide (“User
Content”). You are solely responsible for the User Content that you post,
upload, link to or otherwise make available via the Service. You agree that we
are only acting as a passive conduit for your online distribution and
publication of your User Content. The Company, however, reserves the right to
remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any
User Content while using the Service, you agree as follows:
- You are solely responsible for your
account and the activity that occurs while signed in to or while using
your account; - You will not post information that
is malicious, false or inaccurate; - You will not submit content that
is copyrighted or subject to third party proprietary rights, including
privacy, publicity, trade secret, etc., unless you are the owner of such
rights or have the appropriate permission from their rightful owner to
specifically submit such content; and - You hereby affirm we have the
right to determine whether any of your User Content submissions are
appropriate and comply with these Terms of Service, remove any and/or all
of your submissions, and terminate your account with or without prior
notice.
You understand and agree that any liability, loss or damage that occurs as a result
of the use of any User Content that you make available or access through your
use of the Service is solely your responsibility. The Company is not
responsible for any public display or misuse of your User Content. The Company
does not, and cannot, pre-screen or monitor all User Content. However, at our
discretion, we, or the technology we employ, may monitor and/or record your
interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available
through the Service, but not directly by the Company, are those of their
respective authors, and should not necessarily be relied upon. Such authors are
solely responsible for such content. The Company does not guarantee the
accuracy, completeness, or usefulness of any information on the Service and
neither does the Company adopt nor endorse, nor is the Company responsible for
the accuracy or reliability of any opinion, advice, or statement made by
parties other than the Company. The Company takes no responsibility and assumes
no liability for any User Content that you or any other user or third party
posts or sends over the Service. Under no circumstances will the Company be
responsible for any loss or damage resulting from anyone’s reliance on
information or other content posted on the Service, or transmitted to users.
Though the Company strives to enforce these Terms of Use, you may be exposed to User
Content that is inaccurate or objectionable. The Company reserves the right,
but has no obligation, to monitor the materials posted in the public areas of
the service or to limit or deny a user’s access to the Service or take other
appropriate action if a user violates these Terms of Use or engages in any
activity that violates the rights of any person or entity or which we deem
unlawful, offensive, abusive, harmful or malicious. The Company shall have the
right to remove any such material that in its sole opinion violates, or is
alleged to violate, the law or this agreement or which might be offensive, or
that might violate the rights, harm, or threaten the safety of users or others.
Unauthorized use may result in criminal and/or civil prosecution under the law.
If you become aware of misuse of our Service, please contact us at https://plussamples.co.uk/.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third
party web site(s) (“Third Party Sites”) as well as content or items
belonging to or originating from third parties (the”Third Party
Applications, Software or Content”). These links are provided as a
courtesy to Service subscribers. The Company has no control over Third Party
Sites and Third Party Applications, Software or Content or the promotions, materials,
information, goods or services available on these Third Party Sites or Third
Party Applications, Software or Content. Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness by the Company, and the Company
is not responsible for any Third Party Sites accessed through the Site or any
Third Party Applications, Software or Content posted on, available through or
installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to or permitting the use or installation of any Third
Party Site or any Third Party Applications, Software or Content does not imply
approval or endorsement thereof by the Company. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site or relating to any applications
you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual
property rights of others and requests that the users do the same. The Company
has adopted and implemented a policy that provides for the termination in
appropriate circumstances of users of the Service who are repeat infringers The
Company may terminate access for participants or users who are found repeatedly
to provide or post protected third party content without necessary rights and
permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and
believe, in good faith, that any materials provided on the Service infringe
upon your copyrights, you may submit a notification pursuant by sending the
following information in writing to the Company’s designated copyright agent at
Plus Samples:
- The date of your notification;
- A Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; - A description of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are recovered by a single
notification, a representative list of such works at that site; - A description of the material that is claimed to be infringing or to be the
subject of infringing activity and information sufficient to enable us to
locate such work; - Information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and/or email address; - A statement that you have 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; and - A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed
from the Site is not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to the law, to post
and use the content in your User Content, you may send a counter-notice
containing the following information to our copyright agent using the contact
information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the
content appeared before it was removed; - A statement that you have a good faith belief that the content was removed as a result of
mistake or a misidentification of the content; and - Your name, address, telephone number, and email address, a statement that you
consent to the laws of the United Kingdom and a statement that you will accept
service of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Company copyright agent, the Company may send
a copy of the counter-notice to the original complaining party informing such
person that it may reinstate the removed content in 10 business days. Unless
the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may (in the Company’s discretion)
be reinstated on the Site in 10 to 14 business days or more after receipt of
the counter-notice.
LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you
represent and warrant that you have a right to grant, to the Company a
royalty-free, sub licensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce, modify, publish, list
information regarding, edit, translate, distribute, publicly perform, publicly
display, and make derivative works of all such User Content and your name,
voice, and/or likeness as contained in your User Content, if applicable, in
whole or impart, and in any form, media or technology, whether now known or
hereafter developed, for use in connection with the Service.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all
intellectual property rights of any kind related to the Service, including
applicable copyrights, trademarks and other proprietary rights. Other product
and business names that are mentioned on the Service may be trademarks of their
respective owners. We reserve all rights that are not expressly granted to you
under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute
legal notice to the Company or any of its officers, employees, agents or
representatives in any situation where notice to the Company is required by
contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the
Company in an electronic form via the email address you have submitted; and (b)
agree that all Terms of Use, agreements, notices, disclosures, and other
communications that the Company provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were in writing.
The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information
about the Company and special offers. You may opt out of such email by changing
your account settings or sending an email to Plus Samples.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
WARRANTY
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT
LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY
AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES,
INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME
JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION
MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS
AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO
YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM
(A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR
INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR
SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE
COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS
PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service
that you review using the Service, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes.
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the
event of any such amendments. It is your sole responsibility to check the Site
from time to time to view any such changes in the Agreement. If you continue to
use the Site, you signify your agreement to our revisions to these Terms of
Use. However, we will notify you of material changes to the terms by posting a
notice on our homepage and/or sending an email to the email address you
provided to us upon registration. For this additional reason, you should keep
your contact and profile information current. Any changes to these Terms or
waiver of the Company’s rights hereunder shall not be valid or effective except
in a written agreement bearing the physical signature of an officer of the
Company. No purported waiver or modification of this Agreement by the Company
via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the
Agreement will be construed consistent with applicable law. The remaining portions
will remain in full force and effect. Any failure on the part of the Company to
enforce any provision of this Agreement will not be considered a waiver of our
right to enforce such provision. Our rights under this Agreement will survive
any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with
the Company must commence within ONE year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the laws of the United
Kingdom, without regard to conflict of law provisions.
The Company may assign or delegate these Terms of Service and/or the Company’s
Privacy Policy, in whole or in part, to any person or entity at any time with
or without your consent. You may not assign or delegate any rights or
obligations under the Terms of Service or Privacy Policy without the Company’s
prior written consent, and any unauthorized assignment and delegation by you is
void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE,
AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT
THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTP://PLUSSAMPLES.CO.UK/
REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND
THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.
