This Plusyou Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between Flickstree Pvt. Ltd. running its business in the name of www.plusyouclub.com or ("Plusyouclub" "Plusyou," "+you" "we," "us," or "our") and you, our customer/visitor/viewer ("you" or "your"). This Agreement governs your use of www.Plusyouclub.com and our PLUSYOU-branded online video hosting and sharing services through our owned-and-operated websites, applications, and embeddable video players (collectively, the "Services").
Contents
- Acceptance
- Services
- Accounts
- Code of Conduct
- Account Profile
- Indemnification
- Term and Termination
- Disclaimers
- Limitation of Liability
- Disputes, Arbitration, and Choice of Law
- General Provisions
- Content Regulations
1. Acceptance
By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy and other policies and the addenda below. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
2. Services
Service License:Subject to the terms hereof, we grant you access to our Services. This includes the right to:
- Stream videos that you have the right to view;
- Embed Our embeddable video player on third-party websites;
- Use all related functionality that we may provide;
- Route to affiliate partners website.
3. Accounts
Registration:You may create an account to use certain features we offer (e.g., sharing videos). To do so, you must provide an email address and phone number. By creating an account, you agree to receive notices from Plusyou at this email address and the phone number provided.
Age Requirements:You must be at least 13 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian's account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians:By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security:You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute "spam" in any form or use misleading metadata;
- Collect personal information about others;
- Access another's account without permission;
- Engage in any unlawful activity;
5. Account Profile
You grant Plusyou permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Plusyou shall have the right to identify public profiles in its marketing and investor materials.
6. Indemnification
You will indemnify, defend, and hold harmless Plusyou and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising from or relating to: allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
7. Term and Termination
This Agreement begins when you first use our Services and continues as long as you use our Service or have an account with us, whichever is longer. Plusyou may terminate this Agreement at any time without providing any written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Plusyou may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; If Plusyou deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Indemnification, Disclaimers, Limitation of Liability, Disputes, Arbitration, and Choice of Law, and General Provisions.
8. Disclaimers
Plusyou provides the services on an "As is" and "As available" basis. You use the services at your own risk. You must provide your own device and Internet access.
Except as expressly set forth herein, and to the extent permitted by applicable law, Plusyou disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Among other things, Plusyou makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
9. Limitation of Liability
To the extent permitted by applicable law: (a) Plusyou shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if Plusyou has been advised of the possibility of such damages.
10. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services or Content uploaded on the website for any reason, please contact us at premiumsupport@plusyouclub.com first, so that we can try to resolve your concerns without the need for outside assistance.
10.1 Dispute, Choice of Law and Jurisdiction
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of India, without regard to principles of conflicts of law. The arbitration agreement set forth will be governed by the Indian Arbitration Act 1996.
All disputes, controversies, claims and differences arising out of or in relation to this Agreement, or any breach hereof, except those which cannot be settled through correspondence and mutual consultation of the Parties hereto, shall be finally settled by Arbitration to be conducted in accordance with the provisions of the Indian Arbitration and Reconciliation Act, 1996 or any statutory modification or re-enactment for the time being in force, the provisions whereof shall apply as far as possible.
This Agreement shall be governed and construed in accordance with the laws of India .The competent courts at Delhi, India shall have the sole and exclusive jurisdiction over any dispute that arises in relation to this Agreement. That the Company is vested with the right to nominate appropriate Arbitrator for adjudicating dispute arising out of this Agreement.
11. General Provisions
Reservation of Rights, Severability, Force Majeure:Plusyou reserves all rights not expressly granted herein. Plusyou's rights and remedies are cumulative. No failure or delay by Plusyou in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Plusyou will not be liable for any delay or failure caused by a force majeure event.
Relationship:You and Plusyou are independent contractors of one another; neither party is an agent, partner, or joint venture of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Plusyou or who is prohibited from registering; any such assignment will be void.
Third Parties:We may provide links to and integrations with websites operated by others. The website operator, not Plusyou, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party. Plusyou by way of its content only acts as an advertiser to increase third party visitors and in shall no way directly or indirectly be liable for any product or service related issues or experience.
Entire Agreement:This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of Plusyou. If you have a signed agreement with Plusyou, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
12. Content Regulation
Addenda:This Agreement incorporates the following documents (and no others) by reference:
Notices:You must send any notices of a legal nature to us by email at premiumsupport@plusyouclub.com
