These Terms and Conditions were last revised and are effective as of September 1st, 2024

The following Terms and Conditions (the “Terms”) apply to all users of www.plausemedia.co.ke and its associated websites which are owned and operated by Plause Media. These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Plause Media regarding your use of the Site. Together, Users and the distributors are each referred to herein individually as a “Party” or collectively as the “Parties”.

BEFORE USING THE WEBSITES, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE WEBSITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE SUPPLEMENTAL TERMS, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.

Eligibility. In order to use the websites, you must either be at least eighteen (18) years of age or older (or be at least thirteen (13) years of age and possess the consent of your parent(s) and/or legal guardian), and fully able and competent to (i) enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms; and (ii) abide by and comply with these Terms. You hereby represent that you meet the eligibility requirements in this Section.

Privacy Notice. Your privacy is important to us. Please read the distributor Sites' Privacy Policy at https://plausemedia.co.ke/policy carefully for information relating to the distributor's collection, use, and disclosure of your personal information.

Modification of the Terms. We reserve the right to update, modify, add, or remove parts of these Terms at any time and for any reason. You may be notified of these changes through various methods, including an update to the "Last Updated" date or other reasonable means at our discretion. All changes take effect immediately upon posting. If a significant change directly impacts your account, we will make reasonable efforts to notify you using the most recent email address you provided. We encourage you to review these Terms periodically for any updates. Your continued use of the site after changes are posted constitutes your acceptance of those changes.

Access and Linking of websites.The distributor grants you permission to use the websites in accordance with these Terms, provided that and as long as (i) you use the websites solely for personal purposes; (ii) except as explicitly allowed in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display, or otherwise exploit any portion of the websites in any medium without prior written authorization from the distributor; (iii) you do not alter or modify any part of the websites except as may be reasonably necessary to use them for their intended purposes; (iv) you do not engage in any of the prohibited activities outlined in Section 11 below; and (v) you fully comply with these Terms. The Site is managed and operated by Plause Media from its facilities in Kenya. If you access or use the websites from other jurisdictions, you are responsible for complying with local laws. To the extent permitted by the jurisdiction in which you are located, you waive the right to assert claims or seek protections provided by laws in that jurisdiction that are not available in Kenya.

Distributor Ownership; Proprietary Rights.

1. General. The websites, including all content, visual interfaces, interactive features, audio, video, audiovisual material, information, graphics, design, compilations, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information (such as logos), the selection, sequence, "look and feel," arrangement of items, and all other elements provided by the distributor ("Distributor Materials"), are owned and/or licensed by the distributor. These elements are legally protected under Kenyan laws and regulations, as well as applicable foreign laws, regulations, and treaties. The distributor Materials do not include Third Party Content (as defined below). Unless expressly authorized by the distributor, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the websites and/or the distributor Materials. All rights not explicitly granted in these Terms are reserved by the distributor. You do not acquire any right, title, or interest in the Distributor Materials, except for the limited rights expressly stated in these Terms.

2. Apps and Other Downloadable Software. If we provide you with downloadable software, including all associated files, images, and data, such software will be licensed to you by us. This license is personal, limited, non-transferable, non-sublicensable, and revocable. We reserve the right to modify or revoke the license at any time by notifying you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession or on systems under your control. You do not own the downloaded software, and ownership is not transferred to you. We retain full ownership and title to the downloaded software and all related intellectual property rights. You are prohibited from redistributing, selling, decompiling, reverse engineering, disassembling, or otherwise converting the software into a human-readable form (except where such activities are expressly permitted by applicable law despite this restriction). Downloaded software is subject to Kenyan laws. By downloading software from the Sites, you represent and warrant that you are not in violation of any applicable laws.

• User Content.

1. General. The website may now or in the future allow you and other Users to post or link media, text, audio and video recordings, photos, graphics, commentary, or other information and content ("User Content"), and to host and/or share such User Content. User Content is not controlled by the distributor, and the distributor makes no guarantees that your User Content will remain accessible on the Site. We reserve the right to remove your User Content at our sole discretion. You acknowledge that any User Content you post on the Site becomes publicly available to all users, and the distributor does not guarantee any confidentiality regarding such User Content. Additionally, the distributor does not guarantee that your intellectual or proprietary rights in such User Content will be protected from infringement or misappropriation.

2. Grant of Rights. Except for “Compositions” and “Recordings” (as defined in the Supplemental Terms – Publishing Administration), which are governed by those Supplemental Terms, by submitting User Content to the distributor, you grant the distributor and its affiliates a worldwide, non-exclusive, fully paid, royalty-free, transferable license, including the right to sublicense, to use, reproduce, digitize, encode, store, transmit, distribute, modify, adapt, translate, create derivative works from, display, perform, communicate to the public, and otherwise exploit such User Content in connection with the Site and the distributor's business (including that of its successors, transferees, sublicensees, and their respective affiliates). This includes, without limitation, using the User Content for promoting and redistributing all or part of the website (and derivative works thereof) in any media formats and through any media channels or merchandising. You also grant the distributor and its affiliates, transferees, and sublicensees the right to use the name you submit with the User Content if they choose to do so. Furthermore, you grant each User of the website a non-exclusive license to access your User Content through the website and to use, reproduce, distribute, modify, adapt, translate, create derivative works from, display, and perform such User Content, as allowed by the functionality of the website and these Terms. The licenses you grant for User Content you submit are perpetual and irrevocable, except for any User Content you remove or delete while maintaining your website account or following the deactivation or deletion of your account. In such cases, you may specifically notify the distributor to terminate the license for the identified User Content, and the license will end within a commercially reasonable time after your notice is received. However, even after termination, the distributor may retain server copies of such User Content, but will not display or perform them. The licenses you grant for any Feedback (as defined below) are perpetual and irrevocable, regardless of any account status.

3. No Responsibility for User Content. Aside from the limited license granted above, we do not acquire or control any rights to User Content and do not exercise editorial control over it. We are not obligated to verify, and may not have verified, the representations and warranties made by Users regarding their User Content.

• Your Representations and Warranties.

You warrant and represent that: (i) you are eighteen (18) years of age or older, or; (ii) you are thirteen (13) years of age or older and you have your parent's and/or legal guardian's written consent to enter into these Terms.

In connection with User Content, you affirm, represent, and/or warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize the distributor to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by the distributor and these Terms, and to grant the rights and license set forth in this Section, and (b) your User Content, the distributor's use of such User Content pursuant to these Terms, and the distributor's exercise of the license rights set forth in these Terms, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate any applicable law or regulation.

Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the websites: (i) any falsehoods or misrepresentations that could damage the distributor or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements and/or or solicitations of business for any products and/or services; or (iv) any material that would be harmful to minors in any manner.

Third Party Content Disclaimer. Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms – Publishing Administration), the terms of service of which are governed by the Supplemental Terms – Publishing Administration, you understand that when using the website you will be exposed to User Content, advertising and other third party content (together, the "Third Party Content") from a variety of sources, and that you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or otherwise objectionable. The distributor does not endorse any Third Party Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will the distributor be liable in any way for or in connection with the Third Party ontent, including, but not limited to, for any inaccuracies, errors or omissions in any Third Party Content, any intellectual property infringement or misappropriation with regard to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Non- Distributor Content posted, emailed or otherwise displayed or transmitted through the website.

Non-Monitoring of Users and Third Party Content. Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms – Publishing Administration), the terms of service of which are governed by the Supplemental Terms – Publishing Administration, you understand that you, and not the distributor, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the website. The distributor does not control Third Party Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Third Party Content for any purpose. If at any time the distributor chooses, in its sole discretion, to monitor the Third Party Content, the distributor nonetheless assumes no responsibility for the Third Party Content, no obligation to modify or remove any inappropriate Third Party Content, no obligation to continue to monitor the Third Party Content and no responsibility for the conduct of the User or other person or entity submitting any such Third Party Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content or other Third Party Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Third Party Content.

Removal of Content. Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms – Publishing Administration), the terms of service of which are governed by the Supplemental Terms – Publishing Administration, the distributor and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to post or to remove any User Content or Third Party Content that is available on the website, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

• Prohibited Uses of the websites.

1. As a condition of your use of the websites, you hereby represent and warrant that you will not use the webites for any purpose that is unlawful or prohibited by these Terms.


2. Any use by you of any of the the distributor Materials and websites other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the websites, use of the websites, access to the websites, or Third Party Content obtained through the Distributor Sites, for any purpose other than for your personal use.


3. You agree not to use the websites if you do not meet the eligibility requirements described in Section 1 above.


4. You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the websites, or collect, or attempt to collect personal information about Users or third parties without their consent.


5. You agree not to intentionally interfere with or damage, impair or disable the operation of the websites or any User's enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the websites with the intended result of denying service to other Users.


6. You agree not to remove, circumvent, disable, damage or otherwise interfere with, any security- related features of the websites, any features that prevent or restrict the use or copying of any part of the websites, or any features that enforce limitations on the use of the websites.


7. You agree not to attempt to gain unauthorized access to the Distributor Sites or any part of it, other accounts, computer systems or networks connected to the websites or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the websites or any activities conducted through the websites.


8. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Distributor Sites. You agree neither to modify the websites in any manner or form (other than contributing User Content as enabled by the Distributor Sites’ functionality and in accordance with these Terms), nor to use modified versions of the websites, including (without limitation) for the purpose of obtaining unauthorized access to the websites.


9. You agree that you will not use any robot, spider, scraper, or other automated means to access the websites for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Distributor Sites.


10. You agree not to utilize framing techniques to enclose any trademark, logo, or other the distributor Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing the distributor's name or trademarks without the distributor's express prior written consent.


11. You agree not to use any the distributor logos, graphics, or trademarks as part of any web site links, including, but not limited to, links to the websites, without our express prior written consent.


12. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the websites. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.


13. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


14. You agree not to modify, adapt, translate, or create derivative works based upon the websites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


15. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Unauthorized or prohibited use of the websites or the Distributor Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

Account Information.

1. In order to subscribe to services rendered hereunder and access some features of the websites, you will have to create an account. You acknowledge, consent, and agree that the distributor may access, preserve, and disclose your account information and your User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that your User Content violate the rights of third parties; (d) provide certain customized features of the websites to you, if any; (e) respond if you contact the distributor for any reason; or (f) protect the rights, property, or personal safety of the distributor, its other Users, and the public. You may cancel your account with us at any time by contacting us at [email protected]. We reserve the right to reject or immediately terminate your account in our sole discretion, and without prior notice to you.


2. Purchase of Products.


1. When you order products you would like to purchase from the Distributor Site, you are making an offer to buy the ordered products on terms specified in the applicable order. Once your order has been placed, we will send you an email indicating receipt of your order. This email is only confirmation of our receipt of your order and does not constitute acceptance of your offer to buy. We reserve the right to reject any order for any reason or no reason, subject always to our compliance with applicable law. With regards to orders for physical products, your order and offer to buy is accepted when we have packaged your order and delivered it to the carrier and you will receive an email confirming that your order has been accepted when it has been delivered to the carrier. Title to the products you order, and risk of loss of those physical products, passes to you when the physical product has been delivered to the carrier.


2. By submitting an order, you authorize us or our third party payment processor to process a charge using the credit card and other payment information you provide for purposes of authenticating your identity, validating your payment card, obtaining payment authorization and otherwise authorizing the relevant transaction. You consent to our use of any information provided by you, including personally identifiable information, to conduct anti-fraud checks at our sole discretion, and this authorization applies to use by our third party payment processor. In conducting such checks, we or our third party payment processor may disclose, and you authorize us and our third party payment processor to disclose, your information to credit reference and fraud prevention service providers, who may keep a record of the information disclosed.


3. The Distributor does not guarantee a particular product’s immediate or continued availability. If we are unable to fulfill an order, you will be entitled to a full refund. You are responsible for inspecting your order upon receipt. Any damage to physical products occurring during shipment is the responsibility of the carrier, subject to tariff and other limitations on the carrier’s liability, if any. The carrier will not be required to obtain a signature at delivery unless you specify otherwise when placing your order.


4. All requests for returns must be made in writing not later than fourteen (14) days after the carrier delivers your order. If your purchase is defective, we will either (a) replace the defective product with the same product or its equivalent, or (b) refund your purchase price, at our sole discretion. We may, but are not required, to accept returns for other reasons, in which case we will provide you with a replacement product or credit at our sole discretion. In order to request a return, you must submit your request at [email protected]. If we authorize your return request, you will be provided with a return authorization code. We will not process any return without a return authorization code. Physical products must be returned in their original packaging.


5. Prices shown on the website are in US Dollars, exclusive of shipping, taxes (including Sales and V.A.T., if any), insurance, duties and other charges imposed by third parties. All such charges will be reflected in a final summary of an order before the order is accepted.


6. In addition to product purchases, some other aspects of the Distributor Site may require you to pay a fee, the details of which are available in various areas of the website that feature the ability to purchase products, features or services. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, services or features offered through the Distributor Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, your account may be closed without warning or notice at our sole discretion. Except as otherwise set forth in any return policy or cancellation policy expressly applicable to our products, services or features, you acknowledge and agree that any applicable fees and other charges for products, services or features are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges.


3. Password. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify the Distributor. You are solely liable for losses incurred by you, the distributor or others due to any unauthorized use of your account.



4. Change of Residency for Tax Purposes.

In the event that you (i) change your residency to another jurisdiction or will no longer be a citizen of the country you have entered while accessing the websites and, as a result of such change, will no longer be treated as a resident of such country for tax purposes or (ii) change your residency from another jurisdiction to the United States or become a citizen of the United States and, as a result of such change, will be treated as a resident of the United States for U.S. tax purposes, you must notify the distributor within thirty (30) days of such change (email will suffice), including your full name, new address, date of change of residency, telephone number, email address and, if you are a registered User, the User name of your Distributor account.

You expressly acknowledge that in the event you change your residency for tax purposes as described above, Plause Media, may assign the Terms to which you are a Party to Plause Media, as applicable. As a result of such assignment, you will no longer have a contractual relationship with the same Party with whom you have had a contractual arrangement prior to your change in residency. You further acknowledge that in connection with its provision of services pursuant to these Terms (including any Supplemental Terms, if any) relies on certain services provided by Plause Media.

Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of advertisers and other Users found on or through the websites are solely between you and such advertiser or User. You agree that the distributor will not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or Users on the websites.
Service Availability. The distributor may make changes to or discontinue any of the media, web communities, products, or services available within the websites at any time, and without notice. The media, products, or services on the websites may be out of date, and the distributor makes no commitment to update these materials on the websites.
Feedback. You agree that any feedback, analysis, suggestions and comments to the distributor provided by you (collectively, “Feedback”) will become the property of the distributor. In consideration of the distributor providing access to the websites free of charge, or in the case of Feedback, provided using features of the the distributor Sties for which you must pay a fee, then as further consideration for your access to such features, you hereby assign to the distributor all right, title and interest, including all intellectual property rights, in and to the Feedback. Without limiting the generality of the foregoing, you agree that the distributor shall have the perpetual, irrevocable and worldwide right to use, copy, display, perform, translate, modify, license, sublicense and otherwise exploit all or part of the Feedback or any derivative thereof in any embodiment, manner or media now known or hereafter devised without any remuneration, compensation or credit to User. You represents and warrants that you have the right to make the foregoing assignment and to grant to the distributor the rights granted under this Section 15 and that any Feedback which is provided by you to the distributor does not infringe any third-party intellectual property rights. Notwithstanding the foregoing assignment, the distributor grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
Other Agreements. You acknowledge that in providing the Services and payments hereunder, the distributor will be required to enter into certain agreements with various third parties including, but not limited to, digital service providers and/or payment processors. The selection of these Consumer Stores shall be within the sole discretion of the distributor. You agree that these Terms shall be subject to any applicable terms and conditions of such other agreements that the distributor enters into with respect to such Consumer Stores. You expressly acknowledge that certain Consumer Stores may, with respect to audiovisual recordings, require that your audiovisual recordings be made available on their websites at certain times and in certain formats relative to the availability of such materials elsewhere in the marketplace. To the extent that such requirements are not met, the individual Consumer Stores may have the right to discontinue the availability of said audiovisual recordings in their store(s). The Distributor will, upon your written request, provide you with the current specifics of such requirements.
Bar Codes and Universal Product Codes. The Distributor will provide you with free bar codes and universal product codes (UPCs). These are for your use only and may not be transferred or resold. If transferred or resold, the distributor will charge you Twenty-Five Dollars (USD $25.00) per bar code or UPC, plus any revenue made by you from such transfer or resale. The distributor may deduct such charges from any payments owed to you by the distributor or charge such amounts to any alternate payment method you provide to the distributor (such as a PayPal account, credit card or debit card, M-Pesa) you provide to the distributor.
Terms and Conditions Violations; Termination. You agree that the distributor may terminate any account (or any part thereof) you may have through the Distributor Sites or your use of the websites, and remove and discard all or any part of your account, at any time for any reason (including without limitation your violation of these Terms), or no reason, in the distributor’s sole discretion. You agree that your access to the websites or any account you may have, or any portion thereof, may be terminated without prior notice, and you agree that the distributor shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies the distributor may have at law or in equity.
Indemnification; Hold Harmless. You agree to indemnify and hold harmless the distributor and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership) and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs debt, and expenses (including attorneys’ fees) arising out of (a) your use or misuse of the websites; (b) your violation of these Terms; (c) your violation of the rights of any other person or entity, including claims that any of your User Content infringes or violates any third-party intellectual property rights; (d) your breach of the foregoing representations, warranties and covenants and (e) any unauthorized use of your account not cause by the distributor. The distributor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of the distributor. The distributor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Miscellaneous.

1. Notice. The distributor may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Distributor Sites. If notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless the distributor is notified that the email address is invalid, and if through postal mail, three (3) days after the date of mailing. You may provide the distributor with notices only by mail to the address indicated in subsection (l) below.


2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Kenya, without giving effect to any principles of conflicts of law.


3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the websites shall be filed only in Kenya and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us. In any action or proceeding commenced to enforce any right or obligation under this agreement, your use of the websites or with respect to the subject matter hereof, you hereby waive any right you may now have or hereafter possess to a trial by jury.


4. Claims. You agree that any cause of action brought by you arising out of or related to the websites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law. You agree that you may only bring a cause of action against such Party (i.e. Plause Media) with whom you have or had a contractual relationship at the time of occurrence of the event giving rise to such cause of action.


5. Waiver. A provision of these Terms may be waived only by a written instrument executed by the Party entitled to the benefit of such provision. The failure of either Party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.


6. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.


7. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by the distributor to an affiliate of the distributor or to any third party, without restrictions. Any assignment attempted to be made in violation of these Terms shall be void.


8. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the distributor as a result of these Terms or use of the websites. You further acknowledge that by submitting User Content or other Third Party Content, no confidential, fiduciary, contractually implied or other relationship is created between you and the distributor other than pursuant to these Terms.


9. Survival. Sections 5, 12, 15, 18, 19, 20, 21, 22, 23, and 24 (other than your duty to update account information), as well as any other provisions of these Terms which by their nature would survive any termination of these Terms, will survive any termination of these Terms or your account, whether by you or by the distributor.


10. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.


11. Entire Agreement. This is the entire agreement between you and the distributor relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with the distributor. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by the distributor as set forth in Section 3 above.