Terms of Service & Privacy Agreement
Welcome to the Platform28, LLC, Internet site. Platform28, LLC, provides the https://www.Platform28.com site (referred to herein as “The Site”, respective of site in use) and the services that are included in its bundle of products (referred to herein as “Services”.). The Platform28, LLC, sites are collectively referred to herein as “we,” “us” or “our”.
MODIFICATIONS TO THE SITE
Platform28 reserves the right to add, modify, or discontinue all or part of The Site and Services, temporarily or permanently, with or without notice to you.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in The Site are the copyrighted property of Platform28, LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Platform28, LLC or its affiliates. No material from any of The Site or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non commercial use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.
In the event you download software from The Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, non-commercial use only. We do not transfer title of the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
“Public Communication” means email, voicemail, voicemail blast, fax, or fax blast function offered as part of The Site. If you participate in any Public Communication using The Site or Services, you must not:
- Defame, abuse, harass or threaten others
- Make any bigoted, hateful, or racially offensive statements
- Advocate illegal activity or discuss illegal activities with the intent to commit them
- Post or distribute any material that infringes and/or violates any right of a third party or any law
- Post or distribute any vulgar, obscene, discourteous, or indecent language or images
- Advertise or sell to or solicit others
- Use the Forum for commercial purposes of any kind
- Post or distribute any software or other materials that contain a virus or other harmful component
- You will not use this service to send “spam”
We reserve the right to remove or edit content from Public Communication at any time and for any reason.
When participating in Public Communication, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Information obtained in Public Communication may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
Please keep in mind that whenever you give out personal information online — for example, via email — that information can be collected and used by people you do not know. While Platform28 strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
THE MATERIALS IN THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES OR THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from The Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from The Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Some services offered by Platform28 are subscription-based services. If you open a subscription-based account with us, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
Platform28 agrees that it will terminate your account upon notice from you. If Customer has a balance due on any Platform28 account, Customer agrees that we can charge these unpaid fees to the credit card on file.
Please Note: Your Subscription will be automatically renewed and your credit card account will be charged every month for Monthly Subscriptions.
The renewal charge shall be equal to your original sign-up price, unless otherwise notified in advance by us. The subscription will be cancelled upon receipt of such notification. Your right to use the Service is subject to any limits established by the Service or by your credit card issuer. If payment cannot be charged to your credit card on file or your charge is returned for any reason, including charge-back, we reserve the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Platform28 hereunder.
If you have any reason to believe that your Platform28 account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored by Platform28), it is your responsibility to inform Platform28 and your Credit Card company of the problem to avoid possible liability for any unauthorized charges to Customer’s account.
You affirm consent to receive all information, copies of agreements and correspondence (“Documents”) from Platform28, LLC in an electronic format, and to also send information to us in an electronic format, either through Subscriber’s account or via email, at our discretion. You agree to treat any such electronic Documents received from Platform28 or sent to Platform28 as being legally equivalent to any “written” information you would receive or send in print or by postal mail. Your transactions with Platform28 indicate that you agree to treat all electronic Documents received from or sent to us as having full legal enforceability and legal effect. In any situation where your signature may be required to process a transaction, compliance with a commercially reasonable attribution procedure agreed to or adopted by the parties or established by law for authenticating a record shall authenticate the record. Without limiting the foregoing, the parties agree that if you enter the username of your account, and enter the PIN number associated with the account, such process shall constitute a legally binding signature by you. You acknowledge and agree that Platform28 will not be responsible for your failure to receive any electronic Documents, and in the event you are expecting to receive some electronic Documents that in fact you do not receive, you will notify Platform28 immediately. You further acknowledge and agree that your responsibilities or the methods by which we send you electronic Documents may be altered from time to time, at our discretion, and we will give you advance notice of such changes.
You are entirely responsible for maintaining the confidentiality of your Platform28 User Name, Password, PIN and account for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Platform28 Site or Services, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and cause of action (whether in contract, tort, [including but not limited to negligence], or otherwise) exceed the amount paid by you, if any, for accessing and/or using the Platform28 Site or Services.
Unless otherwise specified, the materials in The Site are presented for the purpose of promoting Platform28 and instructing customers on how to use Platform28. Platform28 is controlled and operated from its U.S. offices in Georgia. We make no representation that materials on The Site are appropriate or available for use in any particular location. Those who choose to access The Site and Services do so under their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No Software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Software from The Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of The Site and Services and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to The Site and Services may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of The Site and Services and all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fulton County, GA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
What type of information is Platform28 collecting, and how are we collecting it?
Many of our Services are offered without collecting any personally identifiable information from you. You can surf The Site and view much of our content anonymously. For instance, you can view this Privacy Statement without giving out any personally identifiable information.
A. Information You Provide
There are a few activities on our The Site where the collection of personally identifiable information is necessary. In most cases when personally identifiable information is collected, you will know because you will have to fill out a form. Your credit card will be used for verification purposes or to complete a Platform28 purchase. For your protection, your credit card information can be sent to us in an encrypted format, protected by SSL (Secure Sockets Layer). For most activities, we collect only your name, email address, address, and phone number. Platform28 records and stores all logins, including IP addresses, dates, and times.
B. Information Collected from You with Technology
Platform28 collects some information about you, using technology, so it may not be readily apparent to you that it is being collected. For instance, when you come to The Site your IP address is collected so that we know where to send information you are requesting. An IP address is often associated with the place from which you enter the Internet like your ISP (Internet service provider), your company, or your university. This information is not personally identifiable. Each email message sent from a Platform28 account includes the IP address from which the login session originated. Platform28 use information collected through technology to make The Site and Services useful to you. We normally don’t combine this type of information with personally identifiable information. However, we will combine this information with personally identifiable information to identify a visitor in order to enforce compliance with our Terms of Service or to protect our Services, The Site, guests, or others.
How does Platform28 use the personally identifiable information that has been collected?
Platform28 uses personally identifiable information in a limited number of ways. We use the information to complete transactions. If you contact us for help we will use the information to contact you. We use information collected to send you invoices. Information we collect is used to send you email updates and newsletters about The Site and Services.
Does Platform28 share information with companies or other organizations that are not part of Platform28?
One of the most valuable assets of our business is you. We are not in the business of selling information. However, if there is a value for you, we will share your information or send you messages on behalf of another company as described below. We will also share information for security reasons.
A. Companies Offering Promotions, Products, or Services
On occasion, we offer promotions — like sweepstakes or free subscriptions — in conjunction with a sponsor. We will share your information with the sponsors if they need it to send you a product. We may share your information with those sponsors so that they can send you other special promotions they offer, but only if you give us your permission to do so, and we will share it only with that specific sponsor. In addition, Platform28 occasionally sends email promotions out to our Guests on behalf of third-party sponsors. In this instance, we do not share your name with the third party — we do the mailing for them. Again, we only send these promotions to you if you have given your permission.
B. Content Partners
We may provide content that is created by a third-party partner Web site. In some instances the third-party sites will collect information in order to facilitate the transaction or to make the use of their content more productive and efficient. In these circumstances the information collected is shared between Platform28 and our content partners.
C. Third Party Advertisers and Network Advertisers
In addition, many business advertisements are managed and placed on our site by third-party companies. These companies are called “network advertisers.” Network advertisers collect non-personally identifiable information when you click on or scan one of their banner advertisements. The information is collected using technology, so you may not realize it is being collected. The network advertisers collect this information so that they can show you ads that are more relevant and interesting to you.
D. Purchase or Sale of Businesses
As Platform28 continually looks for ways to improve our business; we may buy or sell a company. If we buy or sell a business, the names collected will likely be transferred as a part of the sale. Information about registrants will be used in the aggregate. However, if we buy a business, we will honor the requests that customers made of that business regarding email communications. In the event that we sell a business, we will do everything in our power to ensure that the email communications requests you made of us are honored.
E. Organizations That Help Protect the Security and Safety of Our Guests and Our Sites
We will give out personal information as required by law, for example, to comply with a court order or subpoena; to enforce our Terms of Service, or site or game rules; or to protect the safety and security of Guests and our sites.