Plus3 Terms of Use

Terms of Use Date of Last Revision: 30 April 2018

The Plus3.com ("we", "us", "Plus3" or the "Company") maintains the site located at the domain plus3.com ("Site") for your personal entertainment, information, education, and communication. The Site is offered globally but intended for a United States audience. Please feel free to browse the Site at any time; however, by browsing this Site, you are subject to the terms and conditions ("Terms of Use") of this Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. By accessing this Site, you accept, without limitation or qualification, the following Terms of Use. If you do NOT accept the Terms of Use, then please discontinue your use of this Site. In addition, if you are an individual who wishes to become a member and make use of the Services (defined below), you must read these Terms of Use and indicate your acceptance by following the instructions on the "Sign Up"; page and checking the box labeled "I agree to the terms of use."

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Eligibility

This Site is intended for users of all ages ("Users”, "members"). Users under sixteen (16) years of age can participate ONLY AFTER COMPLETING the U.S. Children’s Privacy Protection Act (COPPA) and the European Union's General Data Protection Regulations (GDPR) compliant sign-up procedure requiring parent or guardian email address and approval. Any registration by, use of or access to the Site by anyone under sixteen (16) years of age without parental or guardian approval is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, Users of all ages agree to abide by all of the terms and conditions of these Terms of Use.

Registration

Plus3 provides member-based services ("Services") on the Site. When you register to use these Services, you may be required to provide certain personally identifiable information about yourself. In providing such personally identifiable information, you agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Plus3 suspects that your information is untrue, inaccurate, or incomplete, then Plus3 may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services.

Subscription

We plan to keep Plus3 free for individual members to use. If we were to offer a paid service and If you were to choose to upgrade to a paid subscription at Plus3 your credit card will be charged immediately after you click "Submit" on the confirmation page and your account will be activated to "The Plus3 Network, Inc. Premium" status. You agree to pay for all charges and fees incurred in connection with your username and password for the Plus3. Standard account. All purchases are final. No refund will be given for unused portions of your subscription period.

Renewal

As applicable, monthly and annual fees will be billed automatically at the start of each pay-period to the credit card designated during the registration process, and will automatically renew until membership is terminated. If a User pays by credit card, Plus3 will automatically charge the monthly or annual fee to the User's supplied credit card and you authorize us to charge such credit card for the appropriate subscription fees and amounts stated. Plus3 reserves the right to increase subscription fees or to institute new fees at any time, upon reasonable notice posted in advance on this Site. The renewal charges will be the same as the regular subscription fees as described above, unless otherwise notified in advance. Users may upgrade from Plus3 Network, Inc. Standard to The Plus3 Network, Inc. Premium status at any time. The billing cycle is then based upon the day after Plus3 receives payment of the Standard fees. Users changing to annual subscriptions will have their new rates take effect at the beginning of the next billing date. Upgrading/adding additional categories will result in a new billing date effective upon the date of payment of the additional fees.

PLEASE NOTE THAT YOU WILL NOT RECEIVE A REFUND OR REIMBURSEMENT OF YOUR SUBSCRIPTION FEE AFTER YOUR SUBSCRIPTION HAS RENEWED.

Modifications

Cancellation and Downgrades

Downgrades to a shorter payment plan or cancellation of any subscription will not result in any refund or credit of fees already paid. Subscription fees, whether paid monthly or annually, are charged up-front and no refunds or credits will be given upon cancellation. The cancellation of a subscription will go into effect at the end of your current billing cycle. Additional fees may apply if you decide to re-subscribe at a later date. When your subscription ends, your account will enter "The Plus3 Network, Inc. Standard" mode. You can continue to use Plus3, less any of the features provided in the Premium mode. Since you always maintain access to the data stored in your account, you can renew your subscription at anytime without opening a new account.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Services, including graphics, text, pictures, video, information, applications, software, music, sound and other files (the "Site Content"), is the proprietary property of the Company, its Users, its Clients or its licensors. Except for User Content (as defined below) that you legally post on the Site, No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold without the Company's prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license, revocable at any time without notice with or without cause, to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Plus3 and others. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of Plus3 or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.

Merchants

Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. We will not be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.

User Conduct

The Services and the Site are available to you for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Services or the Site to (i) harvest or collect contact information of other Users from the Services or the Site for the purposes of sending unsolicited emails or other unsolicited communications; (ii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising or any other form of solicitation; (iii) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; (iv) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (v) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party; (vi) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; (vii) use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; or (viii) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its Users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for all content that you upload, publish or display (hereinafter, "post") on or through the Services or the Site, or transmit to or share with other Users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Services that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these Terms of Use or Plus3's standards, or which might otherwise be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Plus3 does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or Services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see below for more information on how to report infringement of your copyright.

Notification of Alleged Copyright Infringement

If you believe that your own copyrighted work is accessible on the Site or Services in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. ? 512(c)(3) that contains substantially the following information:

  • Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.[ ]." If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.

  • Identify the URL or other specific location on the Site or Services that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www. [ ]."

  • Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

  • Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

  • Include your name, mailing address, telephone number and email address.

  • You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by fax, mail, or E-Mail as set forth below:

Plus3 Designated Copyright Agent
Plus 3 Network, Inc. (dba: Plus3 and/or Plus3.com)
1687 Laurel Street
San Mateo, CA 94070
E-Mail: help @ plus3 dot com

Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the Site and/or Services is copyright infringing. Filing a false form on this page constitutes perjury. Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). We do not investigate, monitor or review such Third Party Sites and Third Party Applications, Software or Content, and we are 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 us. 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. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any Third Party Site, (ii) terminate any and all links from this Site to any Third Party Site and/or (iii) terminate any Third Party Site made available or accessible via this Site and remove any online posting thereof.

Offer of Rewards/Gifts

From time to time, we or third parties may offer rewards or gifts ("Rewards"). These rewards are available exclusively for residents of the continental United States and are not available to residents of Hawaii, Alaska or foreign countries. The Rewards are discretionary, and we or any third party offering Rewards has the right to modify or discontinue, temporarily or permanently, the Rewards, in whole or in part for any reason, at our sole discretion. We or any third party may, among other things: (a) increase or decrease the threshold required to redeem a specific Reward; (b) withdraw, limit, modify, or cancel any Reward; (c) limit the Rewards available; or (d) change conditions of participation, rules for earning, redeeming, retaining, or forfeiting Rewards, or rules governing the use of specific Rewards.

You agree that we will not be liable to you or any third-party for (a) our or any third party's participation in or withdrawal from the Site that may result in cancellation of a Reward, nor (b) any modification or discontinuance of the Rewards, in whole or in part. If we terminate your membership for any reason, you will become ineligible to receive any Rewards from us or a third party and any pending shipments of Rewards will be cancelled.

In case of fraud or abuse involving Rewards, we or any third party will have the right to take appropriate administrative and/or legal action, including but not limited to revocation/cancellation of the Reward and/or termination of your membership with us. The awarding of Rewards is void where prohibited by law.

Acceptance of Rewards/Gifts

By accepting Rewards, you agree to release us from any and all liability for injury, accident, loss, claim, expense or damages sustained in connection with the receipt, ownership, or use of any Reward received. We are not responsible for any actions you take which violate third-party rules or regulations that may prohibit you from receiving a Reward through this Site. It is your responsibility to read applicable governing body rules, such as those promulgated by the NCAA or your local school district, to determine whether or not your receipt of a Reward will violate any rules or regulations applicable to you. For the sake of explanation, NCAA Division I Rule 12.1.2 states: "An individual loses amateur status and thus shall not be eligible for intercollegiate competition in a particular sport if the individual: (a) Uses his or her athletics skill (directly or indirectly) for pay in any form in that sport..." If you are a Division 1 athlete we recommend that you speak with your university's governing athletic body to determine whether acceptance of a Reward through the Site violates NCAA Division 1 rules.

User Disputes

You are solely responsible for your interactions with other Plus3 Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Privacy

We care about the privacy of our Users. Click here to view Plus3's Privacy Policy. By using the Site or the Services, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

Plus3 is not responsible for any incorrect or inaccurate User Content or Site Content posted on the Site or in connection with the Services, whether caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Services.

Use of the Plus3 can be enhanced by data collections/tracking devices such as GPS, accelerometer or other such enabled equipment (collectively "Data Devices"). By making use of such Data Devices, you acknowledge and agree that Plus3 is not responsible for, and cannot verify the accuracy of these Data Devices and disclaims any incorrect or inaccurate data or information provided therefrom. You are being warned that Data Devices may contain errors and that geographical information, by nature, contains errors and may change from time to time. PLUS3 DISCLAIMS RESPONSIBILITY OF ANY KIND EITHER EXPRESS OR IMPLIED FOR YOUR SAFETY OR FOR THE POTENTIALLY HARMFUL ACTIONS OF OTHERS WHO MAY LEARN OF YOUR ROUTES VIA DATA THAT YOU HAVE UPLOADED FROM A DATA COLLECTION DEVICE, SUCH AS A GPS, OR THAT YOU HAVE ENTERED BY HAND.

Plus3 is not responsible for the conduct, whether online or offline, of any User of the Site or Services. The Services may be temporarily unavailable from time to time for maintenance or other reasons. Plus3 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications. Plus3 is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will Plus3 be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any Site Content or User Contest, or any interactions between Users of the Site, whether online or offline. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS". PLUS3 DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PLUS3 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL PLUS3 BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF PLUS3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLUS3'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PLUS3 FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

Termination

Plus3 may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site using multiple profiles, (ii) permitting another person or entity to use your profile to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms of Use, (iv) any violation of the Terms of Use or the rules and regulations relating the use of, the software and/or data files contained in, or accessed through, the Site, or (v) failure to use the Site or a portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to Plus3 of your intent to terminate these Terms of Use. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which Plus3 may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Plus3 and its licensors.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California. Any action you, any third party or Plus3 brings to enforce these Terms of Use or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in San Mateo County, California and you expressly consent to the jurisdiction of said courts.

Indemnity

You agree to indemnify and hold the Company and each of its directors, officers, agents, contractors and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Non-Waiver

The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

Entire Agreement/Severability

These Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.