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Terms of Service

Plazes is a location-aware service, connecting you with the people and places in your vicinity and all over the world.

By using the Plazes web site (the "Web site"), Plazes SMS ("Plazes SMS"), Plazes IM ("Plazes IM"), Plazes E-Mail ("Plazes E-Mail"). Plazes API and the software (the "Plazer"), alltogether referred to as the Plazes Service (the "Service"), you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the Service, read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page.

This Agreement sets out the legally binding terms of your use of the Service and your membership in the Service and may be modified by Plazes at any time and without prior notice, such modifications to be effective upon posting by Plazes on the Web site.

1. Eligibility.

You must be eighteen or over to register as a member of the Service. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Term.

This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason on the account page. Plazes may terminate your membership for any reason, at any time. If Plazes terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

3. Non Commercial Use by Members.

Passwords and compiled names, photos, comments, links and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content on Plazes.

Plazes owns and retains all proprietary rights in the Web site, Plazes SMS, Plazes IM, Plazes E-Mail and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Plazes, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted to the Service (Web Site, Plazes SMS, Plazes IM, Plazes E-Mail, Plazer).

  1. You understand and agree that Plazes without obligation may review and delete any content, messages, comments, photos, descriptions of locations, geodata or profiles (collectively, "Content") that in the sole judgment of Plazes violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  3. By posting Content to any public area of Plazes, you automatically grant, and you represent and warrant that you have the right to grant, to Plazes an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

  4. The following is a partial list of the kind of Content that is illegal or prohibited on the Service. Plazes reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

    • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • displays pornographic or sexually explicit material of any kind;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • solicits people you don't know to add you or accept you as a contact on Plazes.

    Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

  5. You must use the Service in a manner consistent with any and all applicable laws and regulations.
  6. You may not transmit any chain letters or junk email to other Members. Although Plazes cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Plazes reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Plazes deems appropriate in its sole discretion.

6. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

7. Member Disputes.

You are solely responsible for your interactions with other Plazes Members. Plazes, reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy.

Use of the Web site and/or the Service is also governed by our Privacy Policy.

9. Disclaimers.

Plazes is not responsible for any incorrect or inaccurate Content posted to the Service or in connection with the Service, whether caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Plazes is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Plazes 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, user or Member communications. Plazes 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 Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Plazes be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Service, whether online or offline. The Web site and the Service are provided "AS-IS" and Plazes expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Plazes cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Plazes or through or from the service shall create any warranty not expressly stated herein.

10. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will Plazes be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Plazes has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Plazes'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 Plazes for the Service during the term of membership.

11. Disputes.

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the law of Switzerland without regard to its conflict of law provisions. You agree to personal jurisdiction by the courts of Zurich, Switzerland.

12. Indemnity.

You agree to indemnify and hold Plazes, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13. Other.

This Agreement, accepted upon use of the Web site, the Service further affirmed by becoming a Member of the Service, contains the entire agreement between you and Plazes regarding the use of the Service. The failure of Plazes to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this agreement.
Plazes is a trade mark of plazes AG.

I have read this agreement and agree to all of the provisions contained above

Plazes Terms of Use, 05/01/2007

© 2004-2008 plazes AG