Terms of Service
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by PlyCount, acceptance is expressly limited to these terms.
Copyright Infringement and DMCA Policy. As PlyCount asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PlyCount.com violates your copyright, you are encouraged to notify PlyCount in accordance with PlyCount’s Digital Millennium Copyright Act (“DMCA”) Policy. PlyCount will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PlyCount will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PlyCount or others. In the case of such termination, PlyCount will have no obligation to provide a refund of any amounts previously paid to PlyCount.
Intellectual Property. This Agreement does not transfer from PlyCount to you any PlyCount or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PlyCount.
Certain Restrictions. (a) The rights granted to you in this Agreement are subject to the following restrictions: (1) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (2) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service (including the website Software and Mobile Software); (3) you shall not access the Service in order to build a similar or competitive service; and (4) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on any Service content must be retained on any copies.
(b) In addition, you agree not to use the Service to: (1) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) upload, transmit, or distribute any User Content that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right of a third party; (3) harvest, store, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (4) use automated systems (e.g., robots, spiders) on the Service, (5) interfere with or attempt to gain unauthorized access to (through password mining or other means) servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (6) grant internet search operators permission to crawl, cache, or archive the Service; or (7) harass or interfere with another user's use and enjoyment of the Service.
Changes. PlyCount reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. PlyCount may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. PlyCount may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PlyCount.com account (if you have one), you may simply discontinue using the website. PlyCount can terminate the website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability
Disclaimer of Warranties. The website is provided “as is”. PlyCount and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PlyCount nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of Liability. In no event will PlyCount, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PlyCount under this agreement during the twelve (12) month period prior to the cause of action. PlyCount shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless PlyCount, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between PlyCount and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PlyCount, or by the posting by PlyCount of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Dallas County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dallas, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PlyCount may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Copyright/Trademark Information. Copyright © 2013 PlyCount LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.