Terms and Conditions of Use
Last updated March 22nd, 2017.
1. This Service
The PlushForums Service (Service) is provided by Plush Content Ltd (us, we) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms and Conditions.
You must be a minimum age of 18 to subscribe to and use the Service. By subscribing and using the Service you warrant that you are 18 or older and understand your obligations under these Terms and Conditions.
3. Pricing, Plans and Features
3.1 For current pricing and plans please see the Pricing page located on our website.
3.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
4. Payment and Credit Control
4.1 All services are billed monthly in advance.
4.2 It is a condition of use that a valid credit/debit card or PayPal Subscription (Subscription) is active at all times in order for your access to the Service to be maintained.
4.3 If you upgrade from a free or trial Subscription you will be immediately charged for the necessary full Subscription. Your monthly payment will be due from that date each month onwards.
4.4 Where a scheduled Subscription payment is not received by us (for whatever reason) your access to the Service may be suspended immediately until such time as a valid payment has been processed.
5.1 You may cancel your Subscription or Subscriptions at any time.
5.2 Cancellation must be done using the facility provided on the Billing page within your forum's Dashboard section.
5.3 Cancellation by any other means, including (but not limited to) telephone call, fax, text or instant message is not valid.
5.4 No refunds will be provided for remaining unused days under a monthly Subscription.
6. Upgrading or Downgrading
6.1 Users have the ability to upgrade their Subscription and the services offered at any time.
6.2 Users may downgrade their Subscription and the services at our sole discretion.
6.3 No refunds will be offered for downgraded monthly Subscriptions that have been downgraded before the monthly charge is due on the Subscription. The new lower monthly charge will be automatically applied on the ususal date of the monthly charge.
6.4 Where a Subscription is upgraded the new higher monthly charge will be applied immediately.
7. Trial and Offer Periods
7.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
7.2 Only one person may use a single free or trial Subscription.
7.3 These Terms and Conditions apply to all trial or offer period Subscriptions.
8. Technical Support
8.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
8.2 We reserve the right not to provide a full techncial support service to free or trial users.
9. Specific Service Rules
9.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
9. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
10. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
11. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
9.2 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
9.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the Subscription of any user who in our sole judgment is in breach of these Terms and Conditions.
10. Content Ownership
10.1 As a user you retain all ownership rights to content provided by you.
10.2 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
11. Copyrighted Material
11.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
11.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
11.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
12. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service.
13.1 We may terminate your Subscription and all content and materials associated with it at any time where these Terms and Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your Subscription at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
13.2 Various clauses within these Terms and Conditions are designed to survive and continue after termination, including (but not limited to) clauses 10 and 17.
14. Access and Backups
14.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
14.2 We take all reasonable steps to ensure your data is secure and recoverable at all times. However, we do not accept any responsibility for loss of data, or unauthorized transmission of data for any reason, whether within or outside our direct control. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
15.1 We are not responsible for the accuracy of any content on the Service.
15.2 We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
16. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms and Conditions whilst using the Service or any other service provided by us.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.