TERMS OF SERVICE
THESE TERMS REPRESENT AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT, HEREINAFTER “YOU” OR “YOUR” or “SELLER”, AND PLIGG.COM, INC, HEREINAFTER “PLIGG”, WHICH GOVERNS YOUR USE OF Pligg’S SERVICE. PLEASE NOTE THAT THE INFORMATION CONTAINED HEREIN IS SUBJECT TO CHANGE WITHOUT NOTICE. PLIGG MAY, BUT IS UNDER NO OBLIGATION TO, PROVIDE NOTICES OF ANY AMENDMENT, MODIFICATION OR UPDATE OF THIS AGREEMENT.
Pligg is a distribution network where you can purchase, sell and promote digital products. By using Pligg’s service you agree to these terms, and you agree to abide by these Terms of Service, make sure you have the authority to accept these terms on behalf of any entity or organization you represent and not use Pligg if you are under 18 years of age.
TRADEMARKS AND COPYRIGHTS
Any files or documents that infringe on copyrights or trademarks are NOT allowed and will be removed immediately. If a copyright or trademark complaint is made regarding products on your account, you will be notified and given an opportunity to provide proof of ownership.
Pligg does not intentionally induce or encourage trademark infringement of any kind. If Pligg discovers, or is made aware of any trademark infringement occurring on its service then the offending products will be deactivated.
Adult related files or downloads are not allowed and will be deleted without notice.
You agree that Pligg may store a cookie in your browser. Cookies are only used to store necessary information on Pligg.
Provide correct information when you sign up and keep your account information up to date.
– Use your real name, or the name of the entity you represent
– Use your own email address, or one that you have permission to use to open your account
– Keep your password safe and don’t let anyone else use your account
– Always log out when you are finished or leave your device unattended.
You agree that, by submitting a payment via PayPal or Credit Card for a product sold through Pligg, you are making an offer to purchase all items contained in the order. Our confirmation of your order via email is our acceptance of your offer.
The Seller grants the promotion and distribution rights to Pligg and subsidiaries. This agreement defines the basic understanding of both parties.
1. Promotion and Distribution
Pligg owns and operates a marketplace for digital products, where sellers sign-up and offer digital products for download on the Internet in a self-service process.
The seller creates (or has created) an account on the marketplace platform to upload and present digital goods (such as eBooks, documents, sounds, software, etc.). The seller is identified by a login and password on the platform.
Pligg does all possible to make the marketplace available on the Internet around the clock.
Pligg reserves the right to promote and market the products in the marketplace through a variety of channels.
Pligg delivers the product information provided by the seller in a readable form on standard web browsers, including payment buttons where necessary.
2. Rights and Obligations of the Seller
The seller has to provide contact details for the customers and ownership information for potential buyers by the means provided by Pligg. The seller confirms that the ownership or sales rights are legally with the seller. On request, the seller provides proof of these rights to Pligg within 24 hours. The seller agrees to follow local legal requirements for the sales of digital goods in his/her jurisdiction and specifically the actual terms of service provided by PayPal, MasterCard and VISA related to the products under US laws.
The seller takes responsibility for the creation of the digital product as well as providing and maintaining accurate and complete technical and product information for the product on Pligg’s service and for affiliates.
The seller accepts the sole responsibility for the design, performance, maintenance, and technical support of the product as well as any warranties or representations you make in relation to the product
The seller has the intellectual and proprietary rights necessary to grant Pligg a license to store, market and resell the product and that you have the right to use Pligg’s service for this purpose.
3. Rights and Obligations of Pligg
Pligg retains the right to:
– remove any products from its marketplace that might violate legal requirements
– refund payments for digital goods or deny delivery on high-risk transactions such as potential credit card fraud payments.
– provide the contact information of the seller to the buyer of the digital product Pligg has the right to include additional partners in the promotion of a sale (affiliates).
Pligg acts as the merchant of record for any sales of the product and is responsible for delivering the download to the buyer.
Pligg collects payments via credit card and PayPal and delivers the uploaded file as a download to the customer.
Pligg provides 1st level support to buyers with download problems.
Pligg provides detailed statistics in real-time to the seller.
Pligg pays collected and processed payments in the agreed amount (minus refunds, chargebacks) to the seller on a weekly basis 24 days after a sale is completed.
4. Commissions and Fees
Pligg may pay the seller a commission on each digital product sold, at the descretion and at a rate set by Pligg. The commission will be deducted from the payout of the sales to the seller. Commission rates may vary depending on the type of product sold. Pligg reserves the right to modify commission rates at any time.
Payments made to sellers are paid via PayPal on a weekly basis and require a verified PayPal account. You agree to maintain an up to date PayPal email address on your account.
Seller forfeits any pending and future earnings if your account is closed for any violation of these terms of service.
DISCLAIMER OF WARRANTY
You agree to use the services and any information obtained through or from Pligg at your own risk. You acknowledge and agree that Pligg exercises no control over, and accepts no responsibility for, the content of information passing through Pligg’s host computers, network hubs, points of presence or the internet. The services provided under this agreement are provided on an as is, as available basis. Pligg makes no warranties of any kind, either express or implied, including but not limited to warranties of non-infringement, merchantability or fitness for a particular purpose with respect to the services it provides. Pligg makes no warranties that the services will not be interrupted or error-free or that any results obtained from the use of services is accurate and reliable. Pligg expressly disclaims any liability for the content of any data transferred either to or from customer or stored by customer or any of customer’s customers via the services provided by Pligg. No oral advice or written information given by any Pligg person will create any warranty or may you rely on such information or advice.The terms of this section will survive any termination of this agreement.
Pligg is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Pligg.This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Pligg.
LIMITATION OF LIABILITY
You agree that Pligg will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Pligg at the time) which may exist in the Services or in Pligg’s equipment used to provide the Services.
Under no circumstances will Pligg be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory.Pligg will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Pligg’s records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Pligg’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement.The terms of this Section will survive any termination of this Agreement.
RIGHT TO REFUSE SERVICE
At its sole discretion, Pligg has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.
Customer agrees to indemnify, defend and hold harmless Pligg, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer’s use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer.The terms of this Section will survive any termination of this Agreement.
DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although Pligg maintains strict confidentiality on Customer’s information, there are certain exceptions in which Pligg may disclose information in its possession, including but not limited to information about the Customer’s internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests.Pligg has no obligation to notify Customer about whom the information is sought or that Pligg has provided the information.Customer acknowledges the above exceptions and agrees to them without reservation.
Customer will not have the right to assign this Agreement without the prior written consent of Pligg.
ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
Pligg retains the right to close your account for any violation of these terms of service or for any reason we deem to be an abuse of the Pligg platform.
This policy covers how Pligg.com treats personal information that Pligg.com collects and receives, including information related to your past use of Pligg.com products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies that Pligg.com does not own or control, or to people that Pligg.com does not employ or manage.
Information Collection and Use
Pligg.com collects personal information when you register with Pligg.com, when you visit Pligg.com pages or the pages of certain Pligg.com partners. Pligg.com may combine information about you that we have with information we obtain from business partners or other companies.
When you register we may ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some services we may also ask for your address, Social Security number, and other personal information. Once you register with Pligg.com and sign in to our services, you are not anonymous to us.
Pligg.com collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that we offer.
Pligg.com automatically receives and records information on our server logs from your browser, including your IP address, Pligg.com cookie information, and the page you request.
Pligg.com uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Pligg.com does not allow a child under age 13 to register with our services.
Information Sharing and Disclosure
Pligg.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with Pligg.com under confidentiality agreements. These companies may use your personal information to help Pligg.com communicate with you about offers from Pligg.com and our marketing partners. However, these companies do not have any independent right to share this information.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims
Pligg.com may set and access Pligg.com cookies on your computer.
Your Ability to Edit and Delete Your Account Information and Preferences
You can edit your Pligg.com Account Information at any time.
We reserve the right to send you certain communications relating to the Pligg.com service, such as service announcements, administrative messages and the Pligg.com Newsletter, that are considered part of your Pligg.com account, without offering you the opportunity to opt-out of receiving them.
You can delete your Pligg.com account by visiting the Account Deletion page in the member area for the free accounts or just cancel your subscription with PayPal.
Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
Softlayer, our hosting company, has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Pligg.com may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Pligg.com account or by placing a prominent notice on our site.
Questions and Suggestions
If you have questions or suggestions, please send us an e-mail to email@example.com