Planvine Terms of Service.

These terms of service ("Terms") govern our relationship with users and others who engage with Planvine and the use of Planvine services (“Services”). By using or accessing Planvine you agree to these terms.

Using Planvine

You may use the Services only if you can form a binding contract with Planvine and are not a person barred from receiving services under the laws of applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

You are responsible for your use of the Services, for the material ("Content") you provide, the access you grant others to that material and for the information you display on Planvine. In addition:

  1. You retain your rights to any Content you submit, display, create, post or store through the Services. By submitting, displaying, creating, posting or storing content on or through the Services, you grant us a worldwide non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.
  2. When you delete your content, including IP content, it is removed from the live Planvine platforms (website and smartphone applications) and can no longer be viewed. You understand that removed content may continue to be held by Planvine in back-up copies for a reasonable period of time, but again will not be available for others to view.

Privacy

We take your privacy extremely seriously and developed our privacy policy to be completely transparent about how Planvine governs the privacy of those using Planvine. By using Planvine you understand and agree to our privacy policy, which governs our collection and use of your information. By using Planvine you also understand and consent to the collection and use of this information by Planvine. We encourage you to read the privacy policy to stay fully informed about the content you put onto Planvine. As part of providing the Services to you we may from time to time need to provide you with certain communications such as service announcements. These communications are part of the Services and your Planvine account, which you may not be able to opt out from receiving.

Sharing on Planvine

Being social and sharing event information is a big part of Planvine.

  1. You understand that all the events that are added to Planvine are public and can be seen and shared by anyone. Being able to discover and share event information is a fundamental part of the service and as such you understand that any content you add to the service is visible to others and can be used in Planvines other than those for which you are Chief or Deputy.
  2. We want to make you aware of events, services, offers, products and other things that may be of interest to you. In order to do this effectively we will analyse some of the information you provide and interactions on Planvine. We will use this information to help identify your interests and use this to make Planvine relevant to you. You understand that Planvine does this to help tailor the Services to you. You also understand that at no point does Planvine pass on your personal information to third parties. Third parties may use Planvine to make you aware of events, offers, services and more. You understand that targeted promotion exists within Planvine and that Planvine is under no obligation to make you aware which events are promoted by third parties. Planvine will endeavour to make promoted events relevant to you but cannot guarantee this will always be the case.

Content

We are not responsible for any of the Content provided by Planvine users or third parties on Planvine. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content.

Any claim over the copyright of such content is between the content originator adding it to Planvine and the claimant and does not involve Planvine, Planvine’s owners or any of Planvine’s subsidiaries. Planvine encourages users to provide links to original content which Planvine deems as doing everything it can to promote the crediting of any third party material.

Planvine is not in any way liable for copyright or other claims regarding the content submitted to the service by users of the service. By using the service, users agree to take responsibility for the content they submit.

We do not endorse, support, represent or guarantee the reliability, accuracy, truthfulness or completeness of Content provided by Planvine users or third parties on Planvine via the Services. You understand that by using the Services you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate or deceptive. Under no circumstances will Planvine be liable in any way for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use or any Content provided or passed on via the Services.

We reserve the right at all times (but will have no obligation) to remove or refuse to distribute any Content on the Services and to terminate users accounts or reclaim usernames.

Ongoing development

The Planvine website, mobile application and any other Planvine application, and the Services Planvine provides are continually developing and likely to change from time to time. Planvine is under no obligation to provide prior warning of these changes. In addition Planvine may temporarily or permanently suspend or discontinue some or all Services or features to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Access, improper use and misconduct on Planvine

Planvine is open to everyone and it is hoped that many people will enjoy the Services provided. Planvine does however reserve the right to deny access to any individual and can do so without explanation. Planvine also reserves the right to suspend or delete accounts that it deems to be acting unlawfully, without due care to other users, engaging in misconduct and improper use. Planvine is under no obligation to provide prior warning preceding the suspension or termination of an account nor is Planvine under any obligation to justify such action. The decision of Planvine is final and non-reversible.

Security

We do our best to keep Planvine safe and secure, but we cannot guarantee it. We need you help to keep Planvine safe. As such you commit that you will not distribute your Planvine password or the passwords of others. You will report any inappropriate or damaging behaviour by other users. You will notify us of any concerns you have regarding the security of the site.

You understand that we do our best to maintain security and keep Planvine safe, however in the event of data or personal information being leaked, stolen or removed from Planvine through malicious actions or by accident, Planvine cannot be held responsible for such an event.

Planvine rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Planvine and its licensors. The Services are protected by copyright, IP and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Planvine name or any of the Planvine logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Planvine, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright policy

Planvine respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Planvine will also terminate a user’s account if the user is determined to be a repeat infringer. You can notify us of alleged copyright infringement by contacting us.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Planvine of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

The Services are available “As-Is”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PLANVINE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Planvine will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Planvine has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Planvine or through the Services, will create any warranty not expressly made herein.

Other

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLANVINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PLANVINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Planvine to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of England and Wales without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in London, England, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms, and the Privacy Policy are the entire and exclusive agreement between Planvine and you regarding the Services (excluding any Services for which you have a separate agreement with Planvine that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Planvine and you regarding the Services. Other than members of the group of companies of which Planvine is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at Planvine.com/terms. If the revision, in our sole discretion, is material we will notify you via a blog post or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Planvine Ltd. If you have any questions about these Terms, please contact us.

Effective: November 1st, 2011