Accounts registered by “bots” or other automated methods are not permitted. You also represent and warrant that any registration information that you submit to PlanChat is true, accurate and complete, and you agree to maintain its accuracy and immediately notify PlanChat if any information is inaccurate.
When you are required to open an account to use or access the Site or Products or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify PlanChat immediately on any unauthorized use of your account, user name, or password. PlanChat shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by PlanChat, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
USE OF SOFTWARE.
PlanChat may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and data (collectively, “Software”) are deemed to be licensed to you by PlanChat, for your personal, noncommercial, home use only. PlanChat does not transfer either the title or the intellectual property rights to the Software, and PlanChat retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by PlanChat or its licensors and you may not copy or use them in any manner.
PlanChat attempts to ensure that the Products, Materials, Services and other information featured on this Site are complete, accurate and current. Despite these efforts, the Products, Materials, Services and other information contained on this Site may occasionally be inaccurate, incomplete or out of date. Company makes no representations as to the completeness or accuracy of the Products, Materials, Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Site.
Peer to peer payment processing services for PlanChat Services are provided by Vemno and are subject to the Vemno User Agreement https://venmo.com/legal/us-user-agreement/ (collectively, the “Vemno User Agreement”). By agreeing to these terms and linking your PlanChat account with Vemno, you agree to be bound by the Vemno User Agreement, as the same may be modified by Vemno from time to time. As a condition of PlanChat enabling peer to peer payment processing services through Vemno, you agree to provide PlanChat accurate and complete information, and you authorize PlanChat to share it and transaction information related to your use of the payment processing services provided by Vemno.
USE OF SERVICES AND AFFILIATED SITES.
The Site may contain Products and Services and features that are available to certain mobile phones or devices. Your carrier’s normal rates and fees apply. If PlanChat charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using PlanChat’s mobile Services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Products and Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Products and Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
(c) advertises or otherwise solicits funds or is a solicitation for goods or services;
(d) includes malicious content such as malware, trojan horses, viruses worms, time bombs, cancelbots, corrupted files, or similar software and/or the use of metatag searches of the website or the service, or otherwise interferes with any user’s access to the Service;
(e) is intended or does harass or bully other users;
(f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading;
(g) uses automated means to artificially promote content;
(h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar;
(i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes;
(j) promotes commercial products or services (except as expressly permitted by PlanChat);
(k) interferes with the PlanChat Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or PlanChat’s computer systems or network, or breaches any of PlanChat’s security or authentication measures; or
PlanChat has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. PlanChat has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of PlanChat or of a third party, or otherwise violated any intellectual property laws or regulations. PlanChat’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PlanChat to delete, edit, or disable the material in question, you must provide PlanChat with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(d) information reasonably sufficient to permit PlanChat to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) 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
(f) 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. For this notification to be effective, you must provide it to PlanChat’s designated agent at:
1265 Battery Street, 5th Floor
San Francisco, CA 94111
PLANCHAT HEREBY DISCLAIMS ALL WARRANTIES. PLANCHAT IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLANCHAT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR NONINFRINGEMENT. PLANCHAT DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
PLANCHAT’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLANCHAT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, GOOD WILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PLANCHAT, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PLANCHAT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. 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, the liability of PlanChat and its affiliates shall be limited to the fullest extent permitted by law.
PlanChat imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PlanChat in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service are: Copyright © 2016 PlanChat, 1265 Battery Street, 5th Floor, San Francisco CA 94111. All rights reserved.
GOVERNING LAW AND ARBITRATION.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by PlanChat or by any third party.
CALIFORNIA USE ONLY.
The Site is controlled and operated by PlanChat from its offices in the State of California. PlanChat makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as PlanChat’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. We make no representations that our Site and Products are appropriate or available for use in other locations.