Plumfund

Plumfund.com Terms of Use

Last updated May 25, 2013

Plumfund.com is a property of Honeyfund.com, Inc. and exists for the purpose of providing a fundraising and gift registry service to the general public. Any use outside of this purpose is prohibited.

These terms of use apply exclusively to your access and use of Plumfund.com, and any parts or sections thereof including, but not limited to, plumfund.com web content, member-personalized registry information, member profile information, photos, and graphics (hereinafter referred to as the "Site").

If you do not agree with any of these terms, do not access or otherwise use the Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

You understand and agree that the Site is provided "AS-IS" and that Honeyfund.com, Inc. assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor does Honeyfund.com, Inc. assume any liability for the failure to store or maintain any user communications or personal settings.

1. Privacy Policy. Information and data provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at www.plumfund.com/Privacy.

2. Payments and Third Party Payment Services. Contributors acknowledge that they are submitting payment directly to the registered user or user's representative (either offline, online via third party payment service, or any other payment method) and therefore Honeyfund.com, Inc. cannot be responsible for tax receipts, lost payments, identity theft, fraud or refunds.

Honeyfund.com, Inc. provides links and interfaces to third party payment services, such as PayPal.com and WePay, which permit contributors to send funds to users (or user's representative) registered at plumfund.com. You acknowledge that while Honeyfund.com, Inc. provides links to these third party payment services, Honeyfund.com, Inc. does not control and is not responsible for payments made or received through these services. Neither Honeyfund.com, Inc. nor the plumfund.com website provides receipts for tax purposes for any gift, contribution or donation. Any use of third party payment services by you will be subject to the terms and conditions of such third party payment services, and at your own risk.

Honeyfund.com, Inc. may collect transaction fees from the user and pay transaction fees directly to third-party payment services. You acknowledge transaction fees will automatically be paid to Honeyfund.com, Inc. from your third-party payment account.

3. Use of Copyrighted Materials/Trademarks. Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other material or works of authorship (the "Materials") are copyrighted material owned by or licensed to Honeyfund.com, Inc. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Honeyfund.com, Inc. and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions:

Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Honeyfund.com, Inc., its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Honeyfund.com, Inc. its affiliates, and/or any third party, as applicable.

4. Hyperlinks to this Site. You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of the Site (or your personal registry page within the Site) and does not portray Honeyfund.com, Inc. or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Honeyfund.com, Inc. trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Honeyfund.com, Inc.

5. Links to Third Party Websites. The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Honeyfund.com, Inc. If you use these links, you may leave the Site. Honeyfund.com, Inc. has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Honeyfund.com, Inc. does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.

6. Data Mining, Commercial Use and Unsolicited Mailings Prohibited. You acknowledge that you are expressly prohibited from utilizing this Service in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of this Service.

7. Authority and Accuracy. In consideration of your visiting and using the Site, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself is accurate and complete information at the time provided. You agree to update any information provided to Honeyfund.com, Inc. to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for Honeyfund.com, Inc. to suspend or terminate your account and refuse you service in the future. You must be 18 years of age or older to use the Site.

8. Password Restricted Areas of the Site. Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Honeyfund.com, Inc. if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Honeyfund.com, Inc. of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.

9. Submissions. You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, e-mail or otherwise submit to the Site, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality and copyright. You acknowledge that you are responsible for any and all model releases.

Honeyfund.com, Inc. does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Site; however, you hereby grant Honeyfund.com, Inc. a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt and publicly display such content in connection with Honeyfund.com, Inc.'s business. You acknowledge and agree that information that you submit or make available for inclusion in publicly accessible areas of the Site, may be viewed by the public.

Honeyfund.com, Inc. does not control the content posted by third parties via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Honeyfund.com, Inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Site.

10. Notification of Claims of Infringement. Honeyfund.com, Inc. respects the intellectual property of others, and we ask our users to do the same. Honeyfund.com, Inc. may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at help at plumfund dot com and provide Honeyfund.com, Inc.'s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. ยง 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Honeyfund.com, Inc.'s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

11. Code of Conduct. Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow as a condition of accessing the Site:

12. Restrictions on Use. Content from the Site, including but not limited to any member profile information such as member names, e-mail addresses, member contact information, or member-personalized event-related information, may not be taken from the website and used for any purpose. You agree that you will not use any names, e-mail addresses and other contact information from member profile information or the pages and postings on this site for the purpose of solicitation. You agree that you will not send any unsolicited e-mails to our members, and will not use the Site to send unsolicited e-mails to any third parties.

13. Changes to the Site. Honeyfund.com, Inc. reserves the right from time to time to make modifications and changes to the Site. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through Honeyfund.com, Inc. (or any part thereof) with or without notice. You agree that Honeyfund.com, Inc. shall not be liable to you or to any other party for any changes and modifications to the Site.

14. Termination. You agree that, under certain circumstances and without prior notice, Honeyfund.com, Inc. may terminate your access to the Site, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of these Terms of Use. You acknowledge and agree that all terminations for cause shall be made in sole discretion of Honeyfund.com, Inc. and that Honeyfund.com, Inc. shall not be liable to you or any other party for the termination of your access to the Site or the purging of any material.

15. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HONEYFUND.COM, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HONEYFUND.COM, INC. MAKES NO WARRANTY THAT: (i) THE SERVICES PROVIDED ON THE SITE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICES PROVIDED ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE ON THE SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE OPERATION OF THE SITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HONEYFUND.COM, INC. OR FROM ANY SERVICE PROVIDED ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

16. Limitation of Liability. Honeyfund.com, Inc. shall not be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will Honeyfund.com, Inc. be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Honeyfund.com, Inc. has been advised of the possibility of such damages. In no event will the total, cumulative liability of Honeyfund.com, Inc. damages under this Agreement exceed one hundred dollars ($100.00).

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 IN THIS SECTION MAY NOT APPLY TO YOU.

17. Indemnity. You agree to indemnify, defend and hold harmless Honeyfund.com, Inc., its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site, or by your use of the Site, or by your violation of Honeyfund.com, Inc.'s Terms of Use, or your violation of the rights of another.

18. Miscellaneous. These Terms of Use constitute the entire agreement between you and Honeyfund.com, Inc. and govern your use of the Site.

The Terms of Use and the relationship between you and Honeyfund.com, Inc. shall be governed by the laws of the State of California, United States of America, without regard to its conflict of law provisions. You and Honeyfund.com, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sonoma, California, USA.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

The failure of Honeyfund.com, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Any waiver by us does not constitute a continuing waver. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of Use shall remain in full force and effect.

You agree that your Plumfund.com member account is non-transferable and your access to your account or contents within your account will terminate one year after your event date.

You agree that any claim or cause of action that you have arising out of or related to use of any services provided on our Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have questions or concerns regarding these Terms of Use, you should contact Honeyfund.com, Inc. by e-mailing help at plumfund.com and writing "Terms of Use" in the subject line. You may also write to Honeyfund.com, Inc. at 321 S. Main St. #523, Sebastopol, CA 95472, USA.