A.1 This User Agreement constitutes an agreement between Classique Design.Com ® and you the user (heretofore, also referred to as "user," "you," or "your") who accesses or establishes a connection to this World Wide Web site known as GoPlum.com (also referred to as "site" or "Site"), which is operated and owned by Classique Design.Com ®.
A.4 In its sole discretion, Classique Design.com ® retains the right to change, limit, or discontinue any aspect, content, or feature of GoPlum.com, as well as any aspect pertaining to the use of the site.
A.5 All material provided at GoPlum.com is for informational purposes only. Despite our best efforts to provide current, useful and accurate information, mistakes are unavoidable and errors may appear from time to time. Be advised that before you act on any information you've found here, you are strongly recommended to confirm those facts which are important to any decision you make as a result of the information provided here.
A.6 Be advised that GoPlum.com and Classique Design.com ® are not responsible for, nor do we guarantee the performance of, goods and services provided by our advertisers, affiliates, or others to whose sites we link. Furthermore, be advised that a link to another Web site in no way constitutes an endorsement of that site (nor of any product, service or other material offered on that site) by either GoPlum.com or Classique Design.com ® or its affiliates.
2. B. User/Interactive User and Information on the Site
B.1 You agree to use GoPlum.com and any content, material, or information found on it solely for lawful, non-commercial purposes. You shall not upload to, distribute to, or otherwise propagate through this site any material or information whatsoever that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law, infringes on or violates any rights of any other person or entity, or anything that contains a solicitation of funds, or a solicitation for goods or services or advertising.
B.1a Do not attempt to impersonate other Forum Users. Such an attempt will not be successful and it is an offense and breach of agreement that will result in the removal of the post. This includes each of the interactive areas of GoPlum.com i.e. the Chat Rooms, E-Ads, Message Board, Add-A-Link, and/or any other interactive area that may be added.
B.1b Due to the interactive nature of GoPlum.com, users will post their e-mail addresses and/or phone numbers in our chat rooms, E-Ads, and other public posting areas. You agree not to gather these e-mail addresses or phone numbers for purposes of spamming and/or soliciting in any form.
B.2 This site is interactive by means of chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise common sense, discretion and caution when deciding to disclose your personal information.
B.3 The Internet enables people throughout the entire world to share valuable information, ideas, and creative works, etc. To ensure continued open access of the Internet and to such materials, we all need to protect the rights of those who make their work available to us. You agree that any material or information that you make available through GoPlum.com, including, for example, postings to chat areas and forums, is solely your original work, that it is accurate information and that you have all necessary rights to make the material or information of any other person or entity available as public knowledge. You will be solely responsible for the content of any material or information that you make available to others through GoPlum.com. We cannot and do not review every posting made in the chat rooms, forums, and other public posting areas. Therefore, you will also be liable for any damage that may result from making any material or information available through the site.
B.6 Classique Design.com ® reserves the right to collect, use, and distribute demographic data about you and your use of this site in but agrees to do it in ways that do not identify you individually or reveal your identity.
C. Rights in Site Content and the Site
C.1 This site and all content provided by Classique Design on GoPlum.com is protected by intellectual property and proprietary rights laws, copyright, and other applicable trademark, and is owned, designed, and/or licensed by Classique Design.com ®. All other trademarks appearing on this site are the property of their respective owners. Any use of them on this site is done so with permission of said owners.
C.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on this site. You may download copyrighted content solely for your own personal use, and agree to make no other use of the content without the express written permission from Classique Design.com ® and/or the appropriate copyright owner. You may not make any changes to any any content that you maybe permitted to download under this Terms of Service & Agreement, and you may not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content that may be provided. To do so will subject you to legal action.
C.3 Certain content found on GoPlum.com may be subject to additional terms, conditions, and notices. If this is the case, notice will be posted on the index page. Above terms apply to your acceptance of these changes by subsequent use of this site.
D. Disclaimer of Warranties & Limitation of Liability
D.1 YOU EXPRESSLY AGREE THAT USE OF GOPLUM.COM IS AT YOUR SOLE RISK. NEITHER CLASSIQUE DESIGN.COM, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERROR, NOR DO ANY PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GOPLUM.COM, OR TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THIS SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE INCLUDED CONTEST PRIZE GIVEAWAYS, OR ANY LINKS TO OTHER SITES MADE AVAILABLE THROUGH THIS SITE OR ANY CONTENT WHATSOEVER.
D.2 THE SITE AND ALL CONTENT, MATERIAL, CONTEST PRIZES, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
D.2 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLASSIQUE DESIGN.COM, GOPLUM.COM (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, CONTEST PRIZES, POSTINGS, OR POSTING RESPONSES ON GOPLUM.COM. THESE LIMITATIONS APPLY REGARDLESS OF/OR WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Classique Design.com (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOURSELF.
You agree to defend, indemnify and hold harmless Classique Design.com (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this Agreement. ClassiqueDesign.Com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
F. Fees and Payments
Classique Design.com reserves the right, in its sole discretion, at any time to charge fees for access to and use of GoPlum.com, or any portions of this site. If Classique Design.com chooses to charge fees, it will post notice on this site of all provisions pertaining to those fees and their payment.
G. Notices Between This Site & It's Users
The user will contact us by sending electronic mail to email@example.com We will inturn contact you by sending electronic mail to the address you provide to us, or by posting a notice on this site.
If users have a comment about GoPlum.com that requires direct interaction with a GoPlum official, you are advised to send that comment to the Webmaster at firstname.lastname@example.org. Comments and/or opinions regarding any part of GoPlum.Com are not to be posted in any interactive forum of the site. Attempts to do so will result in those posts being removed from the forum. While we do welcome and appreciate all comments, suggestions and opinion regarding this site we reserve the right to request that they be made via electronic mail.
I. Disputes And Law Governing Performance
J. General Terms