PLEXWORK™

TERMS AND CONDITIONS

These terms and conditions (“Terms”) govern our relationship with users of Plexwork’s website at www.plexwork.com (“Site”), including, cookie holder (“you”) who uses this website.  By using or accessing this website, you agree to these Terms, including, without, limitation, all of the responsibilities and obligations detailed below.  These Terms form a legal agreement between you and Plexwork website (“Plexwork”, “we” and “our”). Your use of the Site shall be deemed your unconditional acceptance of the current version of these Terms.  You hereby agree as follows:

1.       Welcome to Plexwork. Welcome to Plexwork’s online website, including boards, public forums or/and job posts. These Terms may be updated by us from time to time without notice to you. You can review the most current version of these Terms at any time at: www.plexwork.com/terms. You are responsible for providing and maintaining all necessary equipment and internet service (at your sole cost) to use Plexwork’s online website.  The quality and speed of your hardware and internet connection will affect your use and enjoyment of the online content.

2.       Online Content.  You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Plexwork, are entirely responsible for all Content that you download, post, publish or otherwise transmit via the internet to any location on the Plexwork Site.  Plexwork does not control the Content posted on the Plexwork Site by any users whatsoever, and therefore Plexwork does not guarantee or take responsibility for the accuracy, integrity, or quality of any such Content. You understand that by using the Plexwork Site, you may be exposed to Content that is offensive, indecent, or objectionable, and that you do so at your own risk.

3.       User Conduct.  Individuals under the age of 13 years old may not use the Site. You agree to not use the Site to:

a.        Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b.       Harm or threaten harm to minors in any way;

c.        Impersonate any person or entity, including, but not limited to, a Plexwork officer, director, member, manager, employee, agent, forum leader, guide, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.       Upload, post or otherwise transmit any Content that you do not have a right to upload, post or transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e.       Upload, post or otherwise transmit any Content that infringes upon any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any other party;

f.         Upload, post or otherwise transmit any material that contains a software virus, a Trojan horse, spyware, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g.        Interfere with or disrupt the Site or servers or networks connected to them, or disobey any requirements, procedures, policies, rules or regulations of networks connected to them;

h.       Intentionally or unintentionally violate any applicable local, state, national or international law or treaty, including, but not limited to, regulations promulgated by the EU. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;

i.         Stalk or otherwise harass or threaten the safety of another person;

j.         Make malicious personal attacks, defamatory statements, or other behavior deemed unacceptable by Plexwork’s administrators;

k.        Collect or store personal data about other users;

l.         Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including, without limitation, providing instructions on how to commit acts of terrorism, how to assemble bombs, grenades, and other weapons, and creating “Crush” sites);

m.      Publish or post any advertisement for any products or services (as all advertising on the Site is governed by separate advertising contracts with Plexwork);

n.       Interfere with another person’s use or enjoyment of the Site; or

o.       Promote or advertise sexually explicit or pornographic materials or websites.

4.       Confidentiality; Security; and Privacy Policy.  You are solely responsible for maintaining the confidentiality and security of your cookies and account. You should not reveal your account or login information to anyone else or use anyone else’s account or login information. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify Plexwork of any unauthorized use of your account or any other breach of security. Plexwork shall not be responsible for any losses arising out of the unauthorized use of your account.  Your account should not be used by anyone other than you, and any Content transmitted to Plexwork or posted or published within the Site through your account will be attributed to you. Except as otherwise expressly provided for in these Terms, the Site is subject to Plexwork’s Privacy Policy posted at www.neowin.net/privacy, which is expressly incorporated into and made a part of these terms. If you have not already read Plexwork’s Privacy Policy, you should do so now.

5.       Ownership and Use of Your Content.  Plexwork does not claim ownership of the Content you transmit, or otherwise post or publish within the Site’s area. However, Plexwork has the right, and your transmission of Content to Plexwork or through the Site’s online community shall be deemed your express consent, to quote, republish and/or reproduce in whole or part your Content (excluding non-public personal information) for promotion of the Site. You acknowledge that you shall have no expectation of, or right to, privacy with respect to any Content that you post or publish within the Site. You further acknowledge that Plexwork does not pre-screen any Content, including your own Content and the Content transmitted by other users.  Plexwork shall have the right (but not the obligation) in its sole discretion to refuse to publish any Content or to remove any Content that is transmitted within the Site’s online community. Without limiting the foregoing, Plexwork shall have the sole and absolute right to remove, in whole or in part, any Content that violates these Terms or that is otherwise objectionable to Plexwork. You acknowledge and agree that you must evaluate and bear all risks associated with the uploading, posting, transmission and/or use of your Content, including, without limitation, liability and claims related to issues of accuracy, completeness and infringement upon third party rights in or to the Content (including, without limitation, copyright infringement).  You agree to abide by, adhere to and follow Plexwork’s Digital Millennium Copyright Act Policy published by Plexwork from time to time at www.plexwork.com/dmca.

6.       Indemnification.  BY USING THE SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PLEXWORK, AND ITS AFFILIATES, AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS WITH RESPECT TO ANY AND ALL CLAIMS AND/OR ATTORNEY FEES INCURRED BY THEM, ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SITE’S ONLINE COMMUNITY, OR ANY ACTION TAKEN BY ANY OF THEM AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS/THEIR FINDING OR DECISION THAT A VIOLATION HAS OCCURRED. THEREFORE, YOU CANNOT AND SHALL NOT SUE OR RECOVER ANY DAMAGES FROM PLEXWORK, ITS AFFILIATES, AND/OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO POST OR PUBLISH ANY CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE OR ITS ONLINE COMMUNITY, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PLEXWORK’S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED.

7.       Additional Community Rules.  You agree to abide by, adhere to, and follow the Plexwork online community forum rules published by Plexwork from time to time, and the Plexwork internet relay client rules published by Plexwork from time to time.  These additional rules are incorporated herein by reference and made a part of these Terms.

8.       Modifications to the Site. Plexwork reserves the right at any time and from time to time to temporarily or permanently modify, discontinue, suspend, cancel, upgrade, update, redesign, expand, curtail, alter and change the Site and any aspect of its online community with or without notice to you. You agree that Plexwork shall not be liable to you or to any third party for any such action taken by Plexwork.

9.       Termination.  Plexwork, in its sole discretion, may terminate your account, access to the Site or any aspect of Plexwork’s online community, or your use of the Site or any part of Plexwork’s online community, and may remove and discard any Content uploaded, transmitted, posted or published within the Plexwork online community or any other aspect of the Site, for any reason or no reason whatsoever, including, without limitation, for lack of use or if Plexwork believes that you have violated or acted inconsistently with these Terms. Plexwork may also in its sole discretion and at any time discontinue the Site or any feature of the Plexwork online community, in whole or in part, with or without notice. You agree that any termination of access to your account and/or the Plexwork online community under any provision of these Terms may be implemented without prior notice to you. Further, you agree that Plexwork shall not be liable to you or any third party for any termination of your account or access to the Plexwork online community.

10.    Proprietary Rights to the Plexwork Online Community.  You acknowledge and agree that the Plexwork online community services and the Plexwork mark are the proprietary property and intellectual property of Plexwork and/or its affiliate(s), and that such property is protected by copyright, trademark and other intellectual property laws, treaties and statutes. Except as otherwise expressly permitted in these Terms, you may not use, claim an ownership interest in, or sell or assign any interest in or rights to the aforementioned proprietary property or intellectual property of Plexwork or its affiliate(s).  Further, and without limitation of the foregoing, you shall have no right to, and must not, create any derivative works based upon the Plexwork online community or any of the other aforementioned proprietary or intellectual property, in whole or in part.

11.    Disclaimer of Warranties; and Limitation of Liability.

a.        PLEXWORK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR ITS PLEXWORK ONLINE COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PLEXWORK MAY SUSPEND, LIMIT, OR REMOVE THE SITE OR ITS ONLINE COMMUNITY FOR INDEFINITE PERIODS OF TIME, OR TERMINATE THE SITE OR ITS ONLINE COMMUNITY AT ANY TIME, WITHOUT NOTICE TO YOU. FURTHER, PLEXWORK MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT: (A) THE SITE OR PLEXWORK’S ONLINE COMMUNITY WILL MEET YOUR NEEDS OR REQUIREMENTS; (B) THE SITE OR NEOWIN’S ONLINE COMMUNITY WILL BE SECURE; (C) THE QUALITY OF THE SITE OR PLEXWORK’S ONLINE COMMUNITY WILL MEET YOUR EXPECTATIONS; OR (D) THE SITE OR PLEXWORK’S ONLINE COMMUNITY WILL BE COMPATIBLE WITH YOUR PERSONAL COMPUTER SYSTEM, NETWORK AND/OR INTERNET CONNECTION.

b.       YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE OR PLEXWORK’S ONLINE COMMUNITY IS AT YOUR SOLE RISK. THE SITE AND PLEXWORK’S ONLINE COMMUNITY ARE (EXCEPT AS OTHERWISE EXPRESSLY STATED BY PLEXWORK) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c.        IN NO CASE SHALL PLEXWORK, ITS AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE SITE OR PLEXWORK’S ONLINE COMMUNITY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO PLEXWORK OR ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT UPLOADED, POSTED, PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLEXWORK ONLINE COMMUNITY, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PLEXWORK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d.       PLEXWORK WILL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR ACCOUNT FOR THE PLEXWORK ONLINE COMMUNITY, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PLEXWORK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e.       PLEXWORK DOES NOT REPRESENT OR GUARANTEE THAT ITS ONLINE COMMUNITY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PLEXWORK DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO.

12.    Storage Limitations.  Plexwork shall have no responsibility for the deletion or failure to store or maintain any Content transmitted to or uploaded, posted or published within the Plexwork online community. Plexwork has set no fixed upper limit on the number or posts, blogs, messages or other items of Content a user may send or receive through the Plexwork online Community or the amount of storage space used for such Content. However, Plexwork retains the right, at its sole discretion, to impose any such limitations and to determine whether or not a user’s conduct is consistent with these Terms and, in turn, may limit, suspend or terminate a user’s access to and/or use of the Plexwork online community and/or the user’s account if Plexwork believes that a user’s conduct is inconsistent with or in violation of these Terms.

13.    Territory. The Plexwork Online Community is available to you in the United States of America, its territories, and possessions, the United Kingdom and throughout the European Union nations, and in such other regions and countries offered by Plexwork from time to time. However, Plexwork may limit this territory at any time in its sole discretion. You agree not to use or attempt to use the Plexwork Online Community from outside of the available territory, and that Plexwork may use technologies to verify your compliance.

14.    Reporting of Violations.  You may report any third party violations of these Terms to Plexwork via e-mail at: info@plexwork.com.

15.    Changes; Modifications; and Supplements.  Plexwork reserves the right, at any time and from time to time, to update, revise, change, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, and/or conditions on your use of the Site, including the Plexwork Online Community. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms as “Additional Terms”) will be effective immediately and incorporated into these Terms. Your continued use of the Site, including, without limitation, the Plexwork online community, shall be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into these Terms by this reference.  Further, Plexwork reserves the right, at any time and from time to time, to change, alter, update, replace, expand, limit, terminate or otherwise modify the Plexwork online community without notice to you.

16.    Notices.  Plexwork may send you notice with respect to the Plexwork online community or your account by sending an email message to the email address listed on your account as part of your contact information. All such notices shall become effective immediately.

17.    How to Contact Plexwork.  If you need to contact Plexwork with respect to the Plexwork online community or these Terms, you must refer to the contact information posted on the Site at www.plexwork.com/contact.

18.    Governing Law and Jurisdiction. These Terms and your use of the Site shall be governed by and construed and enforced in accordance with the laws of the European Union, notwithstanding any conflict of laws principles or doctrines. Your use of the Plexwork online community may also be subject to other local, state, national, or international laws.

19.    Enforcement of These Terms. Plexwork reserves the right to take any steps or course of action it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Plexwork’s right to cooperate with any legal process relating to your use of its online community and/or a third party claim that your use of its online community is unlawful and/or infringes such third party’s rights). You agree that Plexwork has the right, without liability to you, to disclose any of your account information to law enforcement authorities, government officials, and/or a third party, as Plexwork believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Plexwork’s right to cooperate with any legal process relating to your use of its online community and/or a third party claim that your use of its online community is unlawful and/or infringes such third party’s rights).

20.    Claims Limitation. To the maximum extent permitted by law, you expressly, knowingly and voluntarily agree that any and all lawsuits, causes of action and/or claims against Plexwork and/or its affiliates and agents shall be forever waived, barred and released unless properly brought and filed in a court of competent jurisdiction within one (1) year from the date upon which said lawsuit, cause of action or claim accrued.

21.    Miscellaneous. These Terms constitute the entire and integrated agreement between you and Plexwork with respect to your use of Plexwork’s online community and the subject matter hereof, and these Terms supersede and replace any and all prior agreements between you and Plexwork (if any) with respect to the Plexwork online community and said subject matter. If any part of these Terms are held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties (or stricken, if not possible), and the remaining portions shall remain in full force and effect. Plexwork’s failure to enforce any right, remedy or provisions in these Terms shall not constitute a waiver of such provision, or any other provision of these Terms. Plexwork shall not be responsible for failures to fulfill any obligations due to causes beyond its control.

Last updated: September 25th, 2018