These terms are a condition of your use of Plastic Trophy services and www.plastictophy.com ("the Plastic Trophy Website"). BY USING THE PLASTIC TROPHY WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE PLASTIC TROPHY WEBSITE.
No unauthorized use. You may not use the Plastic Trophy Website or any information provided through Plastic Trophy services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Plastic Trophy, LLC, our partners, or others.
Privacy policy. Please read our privacy policy for privacy-related terms of service.
No automated use. No automated use of this service is permitted. Non-permitted use includes creating any separate compilation of data posted at the Plastic Trophy Website, or summaries or excerpts of such data. Neither our web service nor any browser add-on may be distributed or embedded in any other application or service without our permission.
You may not attempt to gain unauthorized access to any portion or feature of the Plastic Trophy Website or any content thereof, or any other systems or networks connected to the Plastic Trophy Website, or to any of the services offered on or through the Plastic Trophy Website, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Plastic Trophy Website or any network connected to the Plastic Trophy Website, nor breach the security or authentication measures on the Plastic Trophy Website or any network connected to the Plastic Trophy Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Plastic Trophy Website to its source, or exploit the Plastic Trophy Website or any service or information made available or offered by or through the Plastic Trophy Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Plastic Trophy Website.
No warranties. All Plastic Trophy services are provided as is, without any representations or warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit our liability in respect of any matter which it would be illegal or unlawful to exclude or limit, or to attempt or purport to exclude or limit, our liability.
We cannot guarantee the completeness, accuracy or timely delivery of any alerts provided as part of your membership. Our service will not always be available, due to scheduled and unscheduled downtime. We are not responsible for any unauthorized alteration of your information.
Plastic Trophy reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Plastic Trophy Website, or any portion of the Plastic Trophy Website, for any reason; (2) to modify or change the Plastic Trophy Website, or any portion of the Plastic Trophy Website, and any applicable policies or terms; and (3) to interrupt the operation of the Plastic Trophy Website, or any portion of the Plastic Trophy Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Copyright and trademarks. Plastic Trophy, LLC and/or our contractors' own copyright to the compilation and summaries presented, and these parties each reserve all respective rights. Please contact us [permissions@plastictrophy.com] to request any permissions. The name Plastic Trophy and the Plastic Trophy logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Plastic Trophy, LLC. All other trademarks, product names and company names or logos cited in the service are the property of their respective owners.
No responsibility for third-party actions, representations or data practices. We do not and cannot promise that this service will eliminate or control the collection, use or sharing of your online information. The companies collecting information are responsible for compliance with their own policies. The Plastic Trophy Website may contain links to other independent third-party Websites ("Linked Plastic Trophy Websites"). These Linked Plastic Trophy Websites are provided solely as a convenience to our visitors. Such Linked Plastic Trophy Websites are not under Plastic Trophy's control, and Plastic Trophy is not responsible for and does not endorse the content of such Linked Plastic Trophy Websites, including any information or materials contained on such Linked Plastic Trophy Websites. You will need to make your own independent judgment regarding your interaction with these Linked Plastic Trophy Websites.
No liability. We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the Plastic Trophy Website or the templates for any direct, indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Errors and omissions. We make no guarantee that our excerpts and summaries are accurate, complete or consistent. All summaries and excerpts are offered "as is" and are qualified entirely by the full text of the related privacy policy. While we monitor for hundreds of companies that collect user information across websites, our list is incomplete.
Indemnification. You agree to defend, indemnify and hold harmless Plastic Trophy, LLC, our officers, directors, members, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of any Plastic Trophy service, including (but not limited to) any breach of warranty.
Service changes. We may add, change or remove any functionality or other aspect of the Plastic Trophy service in our discretion.
Violation of these Terms of Use. Plastic Trophy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Plastic Trophy Website, or to identify, contact or bring legal action against someone who may be causing injury to, or interference with, (either intentionally or unintentionally) Plastic Trophy's rights or property, or the rights or property of visitors to, or users of the Plastic Trophy Website, including Plastic Trophy's customers.
Plastic Trophy reserves the right at all times to disclose any information that Plastic Trophy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Plastic Trophy also may disclose your information when Plastic Trophy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Plastic Trophy may preserve any transmittal, email, or other communication by you with Plastic Trophy through the Plastic Trophy Website or any service offered on or through the Plastic Trophy Website, and may also disclose such data if required to do so by law or Plastic Trophy determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Plastic Trophy, its employees, users of or visitors to the Plastic Trophy Website, and the public.
You agree that Plastic Trophy may, in its sole discretion and without prior notice, terminate your access to the Plastic Trophy Website and/or block your future access to the Plastic Trophy Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Plastic Trophy Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Plastic Trophy, for which monetary damages would be inadequate, and you consent to Plastic Trophy obtaining any injunctive or equitable relief that Plastic Trophy deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Plastic Trophy may have at law or in equity.
You agree that Plastic Trophy may, in its sole discretion and without prior notice, terminate your access to the Plastic Trophy Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Plastic Trophy Website or any service offered on or through the Plastic Trophy Website, or (4) unexpected technical issues or problems.
If Plastic Trophy does take any legal action against you as a result of your violation of these Terms of Use, Plastic Trophy will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Plastic Trophy. You agree that Plastic Trophy will not be liable to you or to any third party for termination of your access to the Plastic Trophy Website as a result of any violation of these Terms of Use.
Feedback and information. Any feedback you provide to Plastic Trophy about our services or information provided by Plastic Trophy shall be deemed to be non-confidential. Plastic Trophy shall be free to use such user-provided information on an unrestricted basis.
Disclaimers. PLASTIC TROPHY DOES NOT PROMISE THAT THE PLASTIC TROPHY WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE PLASTIC TROPHY WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLASTIC TROPHY WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE PLASTIC TROPHY WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE PLASTIC TROPHY WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PLASTIC TROPHY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLASTIC TROPHY WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PLASTIC TROPHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLASTIC TROPHY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLASTIC TROPHY WEBSITE AND/OR ANY PLASTIC TROPHY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLASTIC TROPHY WEBSITE AND ANY LINKED PLASTIC TROPHY WEBSITES. YOUR SOLE REMEDY AGAINST PLASTIC TROPHY FOR DISSATISFACTION WITH THE PLASTIC TROPHY WEBSITE OR ANY CONTENT IS TO STOP USING THE PLASTIC TROPHY WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Jurisdiction, governing law and other matters. By using or subscribing to this service, you agree that all of our rights and obligations are governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your use of this service may only be instituted in a state or federal court in Santa Cruz County, California, and each of us agree to submit to the jurisdiction of these courts. These terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which do not apply to any transaction involving this service. We reserve the right to refuse service to anyone and to cancel user access at any time.
Please note that the information contained in the Plastic Trophy Website is subject to change without notice.
