Last Updated: October 24, 2023
Before accessing and using the OpenSync Site, please read these Site Terms carefully because they constitute a legal agreement between Plume and you. BY USING THE OPENSYNC SITE, YOU AFFIRM THAT:
✓ YOU HAVE READ AND UNDERSTAND THESE SITE TERMS;
✓ YOU WILL COMPLY WITH THE OPENSYNC SITE TERMS; AND
✓ YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
1. CHANGES TO SITE TERMS
The Effective Date of these Site Terms is set forth at the top of this webpage. As we add new features to the OpenSync Site, we may need to modify these Site Terms. When we modify these Site Terms, we will update the Effective Date and, when possible, we also will provide you with advance written notice of our changes. We will not make changes that have a material retroactive effect unless we are legally required to do so or to protect the rights of other Site users. Your continued use of the OpenSync Site after the Effective Date constitutes your acceptance of the amended Site Terms. The amended Site Terms supersede all previous versions of or agreements, notices or statements of or about the OpenSync Site.
2. ADDITIONAL TERMS
Additional terms and conditions may apply to certain features of the OpenSync Site. When presented to you, you must agree to the additional terms before using the features to which they apply. These Site Terms and the additional terms will apply equally unless an additional term is irrevocably inconsistent with these Site Terms, in which case the additional term will prevail but solely to the extent of the inconsistency.
We do not and cannot guarantee the privacy or security of information provided by you through the OpenSync Site. You are responsible for using the precautions and security measures best suited for your situation and intended use of the OpenSync Site. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. OPENSYNC CONTENT
The OpenSync Site, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo and other content provided on, in or through the OpenSync Site (collectively, "OpenSync Content") is owned by Plume or its licensors and protected under both United States and foreign copyright, trademark and other laws.
Plume grants to you a nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the OpenSync Site and download, print and/or copy OpenSync Content solely for your own use and subject to these Site Terms. You acknowledge that the trade secrets and intellectual property embodied in the OpenSync Site are not and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Plume.
These Site Terms and your use of the OpenSync Site grant you only the limited rights described in these Site Terms. Nothing contained in these Site Terms grants by implication, estoppel or otherwise, any license or right in or to Plume's trademarks, logos or service marks (“Marks”), patents, trade secrets or other intellectual property embodied in the OpenSync Site. Unauthorized use of any of the Marks or our other intellectual property may violate law.
5. USING THE OPENSYNC SITE
5.1. Eligibility: You must be the age of legal majority or older in your place of residence to use the OpenSync Site. Persons who are not of the age of majority are not eligible to use the OpenSync Site.
5.2. Your Responsibilities: You may use the OpenSync Site for lawful, non-commercial purposes only. You may not use the OpenSync Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party's use and enjoyment of the OpenSync Site.
You may not attempt to gain unauthorized access to the OpenSync Site or Plume's computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):
- copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the OpenSync Site or OpenSync Content;
- remove any copyright, trademark or other proprietary rights notice contained in the OpenSync Site or OpenSync Content;
- use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the OpenSync Site;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the OpenSync Site or any feature or functionality of the OpenSync Site to any third party for any reason;
- reformat or frame any portion of the web pages that are part of the OpenSync Site;
- collect or store personal data about any other user without his/her express prior written consent; or
- use the OpenSync Site to send any unauthorized advertisement, junk mail or other unsolicited or unauthorized commercial or promotional content.
Plume has the discretion to terminate your access to the OpenSync Site without notice for any violation of the above rules.
You are solely responsible for any and all charges, fees and other costs related to use of the OpenSync Site. If you access and use the OpenSync Site on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your mobile service provider.
5.4. Submissions. Plume may from time to time offer areas in the OpenSync Site where you and other users can post or otherwise submit suggestions, ideas, notes, concepts or other information or materials to or through the OpenSync Site (collectively, "Submissions"). By sending, posting or transmitting Submissions to Plume (and/or our designees) through the OpenSync Site, you grant Plume and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, Plume has the automatic right to use your Submissions -- including reproducing, disclosing, publishing or broadcasting your Submissions -- in any medium and for any purpose. Under no circumstances are you entitled to payment if Plume uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
By posting a Submission, you represent and warrant that:
> you own or otherwise control all of the rights to your Submission, including without implied limitation all copyrights;
> your Submission is true and accurate;
> your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
> your Submission complies with applicable laws, rules and regulations.
You acknowledge and agree that Plume has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. Plume takes no responsibility and assumes no liability for any Submission posted by you or any third party. Plume is not responsible for information that you choose to communicate via Submissions.
6. LINKS TO OTHER WEBSITES AND SERVICES
The OpenSync Site may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under the control of Plume and Plume is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Services. You access Linked Services at your own risk. The inclusion of a link does not imply endorsement by Plume of the Linked Services or any association with the operators of the Linked Services. Plume does not investigate, verify or monitor the Linked Services. Plume provides links to Linked Sites for your convenience only. Please check the URL address provided in your browser to see if you are on the OpenSync Site's domain.
7. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Plume warrants that Plume has validly entered into these Site Terms and has the legal power to do so. You warrant that you have validly entered into these Site Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE OPENSYNC SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Plume specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Plume does not warrant that (a) the OpenSync Site will meet your requirements, (b) operation of the OpenSync Site will be uninterrupted or virus- or error-free or (c) errors will be corrected.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PLUME TO YOU OR ANY THIRD PARTY FOR ACCESSING OR USING THE OPENSYNC SITE, FOR CLAIMS ARISING OUT OF OR RELATED TO THE USE OF OR ANY INABILITY TO USE THE OPENSYNC SITE OR OTHERWISE UNDER THESE SITE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO PLUME FOR ACCESS TO AND USE OF THE OPENSYNC SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) $100.
EACH PROVISION OF THESE SITE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN PLUME AND CUSTOMER UNDER THESE SITE TERMS BUT WILL NOT BE APPLICABLE IF AND WHERE PROHIBITED BY APPLICABLE LAW. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PLUME AND YOU. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE SITE TERMS. THE LIMITATIONS IN THIS SECTION 7 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
8. GOVERNING LAW; DISPUTE RESOLUTION
Nothing in these Site Terms will be deemed to waive, preclude or otherwise limit the right to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through a government regulator or pursue a statutory remedy available in the applicable court of law; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file suit in a court of law to address an intellectual property infringement claim.
If you are a consumer, these Site Terms shall be governed by, and any dispute relating to them shall be resolved under, the laws and courts of your usual place of residence. Otherwise, these Site Terms are governed by the laws of the State of California without regard to conflict of law principles.
WHERE PERMITTED, YOU AND PLUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
9. ELECTRONIC CONTRACTING
10. GEOGRAPHIC RESTRICTIONS
Our servers and operations are located in the United States and our policies and procedures are based on United States law. The OpenSync Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Plume or its affiliates to any registration requirement within such jurisdiction or country.
These Site Terms automatically terminate when you fail to comply with any term or condition of them. Plume may terminate or modify your access to the OpenSync Site, with or without notice to you, at any time for any reason. For example, Plume may prohibit your use of the OpenSync Site if Plume believes that you are a minor or otherwise not a business customer.
Termination will not limit any of Plume's other rights or remedies. Sections 4, 6, 7, 8, 10, 12 and 13, as well as any other provision that must survive to give proper effect to the intent and purpose of these Site Terms, shall survive termination.
13. CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through the OpenSync Site, please contact our Designated Agent as follows:
Plume Design, Inc.
325 Lytton Avenue Ste 200,
Palo Alto, CA 94306
Email: [email protected]
- Any notice alleging that materials hosted by or distributed through the OpenSync Site infringe intellectual property rights must comply include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the OpenSync Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the OpenSync Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. We will promptly terminate without notice the accounts of users that we determine are "repeat infringers”. A repeat infringer is a user who has been notified of infringing activity more than twice or has had user content removed from the OpenSync Site more than twice.
- These Site Terms inure to the benefit of and are binding on Plume's and your successors and assigns, respectively.
- Plume may assign these Site Terms to a successor in interest (in whole or in part) but you may not assign the Site Terms without the prior express written consent of Plume.
- If any provision of these Site Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision was not used.
- If Plume fails or you fail to perform any obligation under these Site Terms and the other party does not enforce such obligation, the failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
- Nothing contained in these Site Terms creates a relationship or partnership, joint venture, or agency between Plume and you.
- If Plume is or you are prevented from performing or unable to perform any obligation under these Site Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.
- Headings and captions are for convenience only.
If you have questions about the OpenSync Site or these Site Terms, please contact us at:
Plume Design, Inc.
325 Lytton Ave
Palo Alto, CA 94301