Last Updated on 07/29/2013
Plum Analytics, Inc. (“Plum Analytics,” “we,” or “us”) provides a research directory accessible via the Internet and other platforms and related content, resources, products and services, which consist of impact analysis metrics for measuring scholarly research and communications, including researchers’ profiles, searchable directories and graphs capturing the affiliations of researchers, their research output including the articles they publish, and their online impact (collectively, our “Products and Services”). We provide our Products and Services on or through websites owned or operated by Plum Analytics such as www.plumanalytics.com, demo.plu.mx, plu.mx and other Plum Analytics sites and platforms (collectively, “Plum Analytics Sites.” “Site,” or “Sites”), as well as third party platforms (“Third Party Platforms”) such as Facebook, Twitter, LinkedIn and other social networking.
1. The Bottom Line.
2. Modifications to Agreement.
3. Users of the Sites.
We’re glad you’re here. The web is full of temptations; don’t succumb. Please play nice with your and other people’s information and use common sense.
The Sites and the Products and Services are for your enjoyment. Plum Analytics grants you the right to use our Sites and Products and Services for personal purposes only, and subject to the terms and conditions of service and use set forth in our online policies.
A “Visitor” is someone who is browsing through our Sites. A “Member” is someone who has signed up on our Site(s) to receive our e-newsletter or other service (such as the ability to edit your online profile information) or participate in community webpages, if any. A “Customer” is someone who has signed-up as a fee-based subscriber or customer of Plum Analytics and may have signed a Customer Agreement. Visitors, Members and Customers are referred to collectively as “Users.”
Although you can access and read portions of the Sites as a Visitor, Members or Customers may have access to certain Site features not available to Visitors, including posting Content, and sharing certain information on our social media sites. Some of our Sites may be accessed without registering with us; other Sites may require subscription or registration to access certain features.
Give careful thought to the information you post about yourself on our Sites and that you choose to share with other Users.
You affirm that you are 18 years of age or older, or an emancipated minor, or over the age of 13 and possess legal parental or guardian consent to use the Sites and register for Membership. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and that if you are older than 13 years of age but younger than 18 years of age, that your parent or legal guardian has read and accepted this Agreement.
The Sites are not intended for children under 13. If you are under 13 years of age, please do not use our Sites. There are many web sites out there that are appropriate for you, and you should talk with your parents or guardian about what sites are OK for you to visit. Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Plum Analytics may change its eligibility criteria at any time. This provision or sections thereof are void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
Public profiles (“Profile”) may be generated on the Site(s) using publicly available information and/or information provided by Customers. Profiles may cover individual researchers, universities and other educational institutions, companies, academic departments or labs and may include such information as a researcher’s full name, photograph(s), affiliation(s), research field(s), research output (such as articles, presentations or datasets) and related metrics and statistics (such as number of tweets, likes, shares or pageviews). Users may have the opportunity to create, edit, manage and update Profiles. Additional features may be accessible to Customers in password-protected areas. Plum Analytics cannot guarantee the accuracy of any Profile information. We also reserve the right to change the type of information available in a Profile. Profiles or any information therein, may not be used to violate any laws or regulations.
6. Members and Customers; Registration Information.
In order to access certain Products or Services (such as receiving our e-newsletter, managing a Profile or taking advantage of services available to Customers), you may be prompted to provide personal or institutional information that allows us to know who you are or who you work for, such as your name, affiliation, address, city, state, country, and email address (“Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of our Sites does not violate any applicable law or regulation.
You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration or Profile Information. We reserve all rights to take legal action against anyone who misrepresents personal information (including in their or another’s Profile) or is otherwise untruthful about their identity, research or affiliation(s), and to suspend or cancel Memberships or Customers’ accounts established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.
Customers: You affirm that you are 18 years of age or older. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If Customer is an entity (such as a university), you affirm you are an authorized employee, agent or assign of Customer and are fully authorized to bind Customer to these Terms.
Members and/or Customers may also be asked to enter a screen name (“User Name”). You may select any User Name so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violates any trademark right, copyright, or other proprietary right; or a name which we deem to be vulgar or offensive. We reserve the right to delete or change any User Name for any reason or no reason. You are fully responsible for all activities conducted through your Membership or under your User Name.
Your may also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another User’s name, email address, account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use or access to your password. You should never respond to an online request for a password other than in connection with the log-on process on one of our Sites. Your disclosure of your password to any other person is at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your information, you may be liable for our losses or the losses of others as a result of such unauthorized use.
You acknowledge that we reserve the right to charge for some or all aspects of the Sites. You may cancel your Membership at any time. If you have paid for access to specific Products or Services in advance through a specific date, you will be permitted to use those Products or Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of these Terms, your access will be terminated and you shall not be entitled to the refund of any unused portion of fees.
We have the right at any time for any reason or no reason to suspend or terminate your Membership or Customer status (except as otherwise provided in your Customer Agreement), terminate these Terms, and/or refuse any and all current or future use of the Sites without notice or liability to you. In the event that we suspend or terminate your Membership, Customer’s status or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership or Customer status, or for anything else (except as otherwise provided in your Customer Agreement).
7. Information We Provide.
We endeavor to make our Sites a place you feel safe coming to, and while we cannot guarantee every statement on the Site is accurately communicated, we do work hard to make sure the information we provide is thorough. Our Sites and our Products and Services are for personal, non-commercial purposes only or for the purposes set forth in your Customer Agreement.
We do not provide Internet access. You are solely responsible for any fees associated with your Internet connection.
We reserve the right to interrupt the Sites with or without prior notice for any reason or no reason. You agree that we will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Sites as it sees fit in its sole discretion.
8. Non-Commercial Use.
Our Sites are for the personal, non-commercial use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us (for example, as specifically permitted in your User Agreement). Illegal and/or unauthorized use of the Sites, including without limitation collecting User or Profile information for the purpose of sending unsolicited communications, unauthorized framing of or linking to the Sites, spamming Data or Profiles, is prohibited. Commercial advertisements, affiliate links, spam, and other forms of solicitation may be removed from Profiles without notice and may result in termination of Membership or Customer status. Appropriate legal action may be taken for any illegal, inappropriate or unauthorized use of the Sites, as determined in our sole discretion.
For avoidance of doubt, it is understood that Users may reproduce, distribute or export Profiles or Data from the Site to legitimately apply for (or review) applications for grants, scholarships, financial aid, employment, promotions, tenure or other legitimate uses in the field of academic, scientific and scholarly research. For further avoidance of doubt, Users are expected to use Data, or link to their Profile information, in their research, on their personal or professional websites, blogs or social media pages for legitimate, non-competitive, personal uses. Such uses are not generally considered “commercial use” within the meaning of this paragraph.
Except as expressly permitted in your User Agreement, you acknowledge that the time that you spend on or using the Sites is solely for your personal, non-commercial purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Sites, Products, Services and/or Materials (as this term is defined below).
9. The Materials We Own.
The Sites are owned and operated by Plum Analytics. The information and materials provided on or through the Sites and/or the Products and Services, including without limitation, any data, text, information, pictures, audio and/or video material, graphics, visualizations, metrics, statistics, Site Code, upgrades for use on the Sites, and other content, features and services (collectively, the “Materials”), excluding Submissions (defined below), are intended to inform you about our business and provide you with access to the Products and Services. “Site Code” means any and all underlying elements of the Sites, including without limitation source code, scripts, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Sites.
THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. PLUM ANALYTICS MAKES, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU.
10. Limited License and Right to Use the Materials.
You have a nonexclusive, limited, revocable license to use the Sites while you are in compliance with these Terms. Except as expressly set forth in these Terms or in your User Agreement, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Plum Analytics’ or its licensors’ express prior written permission. Plum Analytics reserves all rights not explicitly granted in these Terms. You also agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein.
We reserve the right, at any time, to modify, suspend, or discontinue the Sites, the Products, the services, the Materials, or any part thereof with or without notice. You agree that Plum Analytics will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, your access to the Site, the Products, the Services or the Materials.
11. Intellectual Property.
You acknowledge that the Materials, Products, Services and Sites are protected by and/or embody copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by Plum Analytics, and/or its affiliates or licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Sites, Products, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Plum Analytics, its affiliates and/or licensors.
The trademarks, trade names, trade dress, logos, and service marks displayed on the Sites or any Third Party Platform, including the PLUMANALYTICS.COM and PLUM marks, logos and trade dress are the registered and/or unregistered trademarks of Plum Analytics, Plum Analytics’ licensors, vendors, Customers and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property.
The Intellectually Property may not be used by you for any purpose without Plum Analytics’ prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Plum Analytics’, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Plum Analytics. Nothing contained on the Sites or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, no express or implied rights are granted to you under any patents, copyrights, trademarks, or trade secret information.
12. Forums & Submissions.
Our Services may include features such as ratings, message boards, blogs and/or other forums or areas where you and others can post or transmit information onto or through the Sites or Third-Party Platforms (collectively, the “Forums”) and may redistribute content you send/upload/post to the Sites.
By sending, posting or transmitting to Plum Analytics articles, photos, videos, graphics, creative suggestions, ideas, notes, concepts, information, ratings, personal or institutional data or other materials (collectively, “Submissions”) or by posting such Submissions to a Profile, any area of the Sites or Third-Party Platforms (including without limitation, the Forums), you grant Plum Analytics and our designees and Users a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Submissions. In addition, by submitting Submissions to the Sites, in cases where you display your Submissions for other Users to view, or when you directly exchange or otherwise provide your Submissions to other Users as permitted by certain Site functionality and these Terms, you hereby grant to such Users a non-exclusive license to use your Submissions as necessary for such Users to participate in the relevant Site functionality or activity or receive the relevant Products or Services.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Information and Submissions contained in Profiles or on our Forums may be provided by persons not affiliated with us. You must not transmit any Submission to or through the Sites, Products or Services, Third-Party Platforms or to Plum Analytics that you consider to be confidential or proprietary, and any Submissions shall be deemed non-confidential. You are responsible and liable for any Submissions.
You are solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Plum Analytics and Users to use your Submissions as necessary to exercise the license granted by you in this Section; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the User Submissions in the manner contemplated by Plum Analytics and these Terms and (iii) you will pay all royalties and other amounts owed to any person or entity due to your use of any User Submissions on the Sites.
In connection with Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Plum Analytics all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Plum Analytics, its Customers or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate, harass or stalk another person (on the Sites, Third Party Platforms or elsewhere), or (vi) engage in any other activity that is prohibited by these Terms.
You acknowledge and agree that Plum Analytics has the right (but not the obligation) to do any or all of the following, at its sole discretion: (i) alter, remove, or refuse to post or allow to be posted or stored any Submission or message; (ii) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (iii) disclose any Submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Sites or any Services available thereon to (a) protect Plum Analytics and its sponsors, employees, officers, directors, shareholders, agents, representatives and affiliates, and Plum Analytics’ users and visitors; (b) to comply with legal obligations or governmental requests; and (c) to enforce these Terms; or for any other reason or purpose.
Notwithstanding anything stated herein, by posting a Submission you represent and warrant that (a) you own or otherwise control all of the rights including without limitation, all copyrights, to your Submission or are otherwise legally entitled to post the Submission; (b) the content is truthful and accurate; (b) use of the content you supply does not violate the Terms and will not cause harm to any person or entity; and (d) you will indemnify Plum Analytics and/or its subsidiaries and affiliates for all claims resulting from any content, information, and ratings, including without limitation, all Submissions, you supply, provide or transmit to Plum Analytics or the Sites. Plum Analytics has the right, but not the obligation, to monitor and edit or remove any activity or content. Plum Analytics takes no responsibility and assumes no liability for any content, materials or Submissions posted by you or any third party. PLUM ANALYTICS RESERVES THE RIGHT TO REMOVE ANY SUBMISSIONS THAT IT DETERMINES IN ITS SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING OR APPEARING ON THE SITES OR IN CONJUNCTION THE SERVICES.
Plum Analytics may store Submissions indefinitely. However, Plum Analytics has no obligation to store Submissions or make Submissions available to you in the future and Submissions may be destroyed without your permission with no liability to Plum Analytics for doing so.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and PLUM ANALYTICS will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Sites, including without limitation any legal consequences relating to your intellectual property rights; and (iii) PLUM ANALYTICS acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of PLUM ANALYTICS intention not to require users of the Sites to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
13. Communications with Other Users; Information Available In Our Forums.
You acknowledge and agree that your communications with other Users via the Forums are public and not private communications, and that you have no expectation of privacy concerning your use of the Forums. You acknowledge that any personal or institutional information that you communicate via the Forums may be seen and used by others and may result in unsolicited communications. Plum Analytics strongly encourages you not to disclose any personal information about yourself in your communications via the Forums. Plum Analytics is not responsible for information that you choose to communicate via the Profiles, Forums or Submissions.
It’s our website, but we don’t always know what’s going on. You acknowledge that a large volume of information is available on our Site(s) and that User(s) occasionally post information or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such information or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites, or in any Profiles or Forums by third persons or parties.
The opinions expressed in Profile(s) and on Forums reflect solely the opinion(s) of the participants and do not necessarily reflect the opinion(s) of Plum Analytics. We are not responsible for any errors, inaccuracies or omissions in metrics, numbers, data, information, articles or postings, or for hyperlinks embedded in Submissions or for any results obtained from the use of any such statements or information. Under no circumstances will Plum Analytics or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the Profiles or Submissions or on any information, metrics or materials obtained through the Sites. We have no obligation to monitor the Sites, Services, Profiles Forums, or any Submissions or other materials that you or other third persons or entities transmit or post.
14. Right to Terminate Accounts and Access.
Plum Analytics and its affiliates reserve the right to refuse service, terminate accounts, remove or edit the Sites, Profiles, Products or Services or Materials in their sole discretion. In the event your account is terminated or cancelled by you or by Plum Analytics, no refund will be granted and you will no longer have access to Materials (except as may be provided in your User Agreement). No Materials, Submissions or time spent on the Sites will be converted to cash or any other form of compensation.
15. Your Responsibilities; Code of Conduct.
You must provide and are responsible for all equipment necessary to access the Sites. You agree to update your information to maintain its truth, accuracy, and completeness. You are also responsible for all activities that occur with your User Name, if any. Plum Analytics shall not be liable for any damages arising out of your noncompliance of this provision. You agree to immediately notify Plum Analytics of any unauthorized use of your account or any other breach of security.
In cases where we allow community forums and social networks, we ask that you use your company manners when sharing information with others, and not harass, defame, use inflammatory or objectionable language, or engage in inappropriate activity while on the Sites. The same is true for any writings, images or videos you might upload to our Sites, where we allow them: please make certain those materials are ones you own, are not offensive or inflammatory, and do not infringe the rights of others. While we do not generally review content that our Users share or post, we may remove Profile information, community discussions or other content if we have been alerted that content is below our standards or violates these Terms. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these Terms or engages in inappropriate or disruptive conduct or practices.
You agree not to:
- “Stalk”, harass, threaten, defame or defraud other Users or any employees, agents or Customers of Plum Analytics;
- Send, post, or make available threatening, embarrassing, hateful, racially or ethnically insulting, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive content to other Users;
- Make unsolicited or inappropriate offers, advertisements or proposals for goods, services, or other commercial activities outside of Plum Analytics, or send, share or post junk mail, spam or chain letters to other Plum Analytics users or to any portion of the Sites (including without limitation Profiles);
- Impersonate another person or entity or access another User’s Profile without permission, or impersonate Plum Analytics’ or a Customer’s staff;
- Share Plum Analytics-issued passwords or Customer IDs, passwords, account information or links with a third-party or encourage another User to do so;
- Misrepresent the source, identity, or content of information transmitted via the Sites (such as claiming a journal article as your own that is not actually yours) or otherwise misappropriate any proprietary information, trademark, copyright, patent, right of publicity, data or other right of any person or entity;
- Use or encourage others to use the Site for any illegal or inappropriate purpose;
- Use Site features or Profiles, or any data, metrics or information on the Site, for anything other than their intended purpose, including exploiting Sites for personal or commercial gain, including exporting data for any inappropriate, illegal or disruptive purpose, as determined in our sole discretion;
- Interfere, intentionally or not, with any security-related features of the Sites;
- Damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites;
- Interfere with, slow down or disrupt, intentionally or not, the operation, proper use or fair play of the Sites or any other user’s enjoyment of it;
- Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
- Post or distribute any content that contains software viruses or other code intended to damage or interfere with the Sites or any software, hardware, equipment, system, data, or other information of Plum Analytics or any third party;
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent of applicable laws specifically prohibiting such restriction;
- Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, nor any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with the Sites;
- Make improper use of Plum Analytics’ support services, including by submitting false abuse reports;
- Imply or state that any statements you make are endorsed by Plum Analytics without Plum Analytics’ prior written consent;
- Use the Site to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people;
- Modify the Site for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Sites;
- Attempt to gain unauthorized access to the Sites, other user accounts, computer systems, or networks connected to the Site, through hacking, password mining, circumventing or modifying any security technology, device, or software employed by Plum Analytics, or any other means (automated or otherwise);
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone; or
- Engage in any other conduct otherwise prohibited by these Terms.
Without limiting any other remedies, Plum Analytics may limit, suspend, interrupt, turn off, terminate, modify, or delete accounts or access to some or all of the Products, Services, Sites or Site features if you are, or if Plum Analytics suspects you are, intentionally or not, failing to comply with any of these Terms or for any actual or suspected disruptive, inappropriate, illegal or improper use of the Sites, Site features, Products or Services, or any use that affects, impedes or delays the proper use or operation of the Sites, Products or Services, with or without notice to you.
We may make various offers, including discounts and promotions, from time to time on our Sites. We ask that you review the guidelines associated with each special offer, as they will differ. In the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. Please be advised that unless otherwise noted in the offer, all offers are for adults who are the age of majority in their state. We may also offer our Users the opportunity to participate in contests and sweepstakes. In each case, please check the rules associated with the particular promotion to determine your eligibility and to review any privacy concerns you may have.
By indicating you want to receive e-mail updates from Plum Analytics, you are consenting to receive e-mails from us about our products, services, and other news. These Terms will apply to all such e-mails (and such e-mails will be considered part of the Materials). If you indicate during your Plum Analytics account creation that you would like to be contacted by third parties, you agree that Plum Analytics may share your information, including e-mail address, with such third parties.
19. Trademarks and Copyrights.
PLUM ANALYTICS.COM, PLUM, PlumX, the Plum Analytics logo and trade dress, and all other related trade names, graphics, logos, trademarks, and service marks used on the Sites are owned, controlled Plum Analytics or licensed to Plum Analytics and may not be used by you for any purpose without Plum Analytics’ prior express written permission. Copyright © 2013. All rights reserved.
20. Copyright Infringement, Digital Millennium Copyright Act (DMCA).
If you believe in good faith that a User has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure. If you are unsure of whether certain material infringes your copyright, contact an attorney.
Filing a DMCA Notice
If you believe that your copyright-protected work has been copied and posted on the Sites in a way that constitutes copyright infringement, then please send us a written letter by fax, regular mail or by email.
Your Notice must:
- Provide reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Provide reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
- If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I 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.”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- The Notice must be signed;
The Notice must be sent to our DMCA designated agent at the following address:
Plum Analytics, Inc.
808 Firethorn Circle, Dresher, PA 19025
Fax: 610-300-7297 (on the cover sheet, please write: Attention: DMCA NOTICE).
Filing a Counter-Notice
If material that you have posted to a Plum Analytics Site has been taken down, you may file a counter-notification (“Counter-Notice”):
Your Counter-Notice must:
- Describe and list all material(s) that were removed by Plum Analytics and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
- State that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Plum Analytics, may be found, and that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The Counter-Notice must be signed.
The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
Plum Analytics, Inc.
808 Firethorn Circle, Dresher, PA 19025
Fax: 610-300-7297 (on the cover sheet, please write: Attention: DMCA COUNTER-NOTICE).
21. Third-Party Offerings; Payments.
The Sites may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). Plum Analytics does not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Plum Analytics makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any Linked Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. You agree that Plum Analytics will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
A possibility exists that the Sites, Profiles, Materials, including any Services provided on any Third Party Platform, or Submissions, including without limitation any metrics, numbers, visualizations, graphs, research communications, researcher profile, credentials, affiliations, research and writings, and other information or data on the Sites (collectively, the “Data”) could include inaccuracies or errors, or information or materials that violate these Terms. We make no representations and warranties as to the accuracy or integrity of the Data. Relying on any Data exported from, downloaded from, collected, generated or compiled on the Sites is at your own risk and the risk of any third-party who uses this Data. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Sites or Materials, including any Services available on any Third Party Platform. Although Plum Analytics attempts to ensure the integrity of the Sites and Materials, including the Services on Third Party Platforms, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which such completeness or correctness is in question, please contact us at firstname.lastname@example.org (with the subject line “Inaccuracies on Plum Website or on [Third Party Platform Name]”) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Sites or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
23. System Outages.
Plum Analytics periodically schedules system downtime for the Sites, Products and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Plum Analytics has no responsibility and is not liable for: (a) the unavailability of the Sites, Products or Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Sites, Products or Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
24. Disclaimer of Warranties.
The Sites, Products and Services (including Profiles, Data and Materials) are provided on an “as is” and “as available” basis. Plum Analytics expressly disclaims all conditions and warranties of any kind, whether express or implied, including, but not limited to the conditions or warranties of merchantability, fitness for a particular use or purpose, title, non-infringement, accuracy, quiet enjoyment, and system integration with respect to the Site, Products, Services, Profiles, Data, Materials or the site content. Plum Analytics does not warrant that the Sites or any site content will be uninterrupted, timely, secure, or error free.
You specifically agree that Plum Analytics shall not be responsible for the unauthorized access to or alteration of your transmission(s) or data, any material or data sent or received or not sent or received, any expense, damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or use of record, the accuracy or reliability of any opinion, advice or statement contained on or made through or in connection with the downloaded content. You also agree that Plum Analytics is not responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any third party or any infringement of another’s rights, including, without limit, proprietary rights.
25. Additional Limitations of Liability.
- When using the Sites, you may accumulate Content that resides as data on our servers. THESE DATA, AND ANY OTHER DATA, MEMBERSHIP HISTORY, PROFILES AND USER NAMES RESIDING ON PLUM ANALYTICS’ SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN PLUM ANALYTICS’ SOLE DISCRETION.
- To the extent permitted under applicable law, in no event will Plum Analytics be liable for any indirect, incidental, special exemplary, or consequential damages arising out of or in connection with the sites (including Profiles and Materials) or these Terms, including without limitation, any damages resulting from loss of use, data, or profits, whether or not Plum Analytics has been advised of the possibility of such damages, on any theory of liability;
- If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to discontinue use of the Site.
- Plum Analytics’ aggregate maximum potential liability to you for all claims arising from or related to the site (including products and services sold therein) shall be the greater of (i) the total amount paid by you to Plum Analytics in the twelve (12) months prior to the claim less the pro-rata value of any service you received during that period; or (ii) one u.s. dollar ($1). Multiple claims will not increase this limit.
26. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Plum Analytics, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any claim of intellectual property infringement relating to anything you submit to us or to our Sites; (b) your violation of these Terms or any applicable laws or regulations; or (c) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the Sites.
Except as explicitly stated otherwise, legal notices will be served on Plum Analytics’s national registered agent or to the email address you provide to Plum Analytics during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing.
29. Notice for California Users.
Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
30. Statute of Limitations.
Any claim or cause of action arising out of or related to use of the Sites, the Materials, including any Services or information available through Third Party Platforms, or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
32. Governing Law/Jurisdiction.
The Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Washington. Any disputes between you and Plum Analytics relating to the Sites or the Products or Services that involve a claim of less than US$5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Plum Analytics agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and Plum Analytics relating to the Sites or the Products or Services that involve a claim of more than US$5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in King County, Washington. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
35. Entire Agreement.
This is the entire agreement between you and Plum Analytics.