Welcome to Pluggedin! By using Pluggedin.com (the “Site”), you agree to abide and be bound by these Terms of Service (the “TOS”) and/or any revised version. Any new service available on the Site or any modification of an existing service shall be governed by the Terms of Service, which may be modified or updated from time to time. The continued use of the Site following the posting of changes to the Terms of Service will mean that you accept such changes. We strongly encourage you to regularly review the Terms of Service.
The Site is owned and operated by Pluggedin Media Corp., 1640 Stewart Street, Suite 140, Santa Monica CA 90404 (“Pluggedin” or “we”).
I. Description of Service
Pluggedin is an online music application for creating, sharing and discovering all forms of digital media. Pluggedin provides its users (“You”), for a non-commercial personal use, with a fully-customizable Site enabling you to search, select and aggregate Third-Party Content such as, including, but not limited to, videos, photos, audio, RSS feeds, podcasts, or events through application Widgets (the “Service”). A Widget (also called modules) is defined as a software element providing content, including feeds and data, you can add, remove, resize and reposition.
Third-Party Content may be added from Pluggedin Fan, Scene, or Artist pages, or from the Internet and is provided by professional content providers or other users. You may customize each page of the Site by adding or deleting content and moving and editing each widget. The Site also enables you to create, submit and share content (including, but not limited to, blogs, feeds, or events.) (“Your Content”). Each time you access the Site on your computer, or, if you are a registered user, on any computer by using your email address and password, the latest version of your Pluggedin personalized pages will be displayed as all modifications made to your page are saved in real time. Pluggedin does not host Third-Party Content and keeps only technical and personal data in accordance with our privacy policy.
The use of the Service is free, although third parties may decide to charge a fee for accessing their content in whole or in part.
II. Registration
Important Information
Pluggedin does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on its site from persons under 13 years of age, and no part of our site is directed to persons under 13. No one under age 13 is allowed to use the site or provide any personal information to or on our site. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the sit at any time or in any manner. If you believe that we might have any information from or about a child under 13, please contact us at
If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use Pluggedin, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in Pluggedin’s Terms of Service, and to abide by and comply with Pluggedin’s Terms of Service.
You also acknowledge that the activity of creating, submitting or sharing Your Content may give rise to various types of legal liabilities and you represent that Your Content (whether or nor you are the author of said content) complies at all times (both when first submitted and throughout its accessibility on the Site) with the Terms of Service and all applicable laws. You understand that Pluggedin does not exercise any control over (other than technical if necessary) and does not pre-screen Your Content and Third-Party Content and may not be held liable for their communication to the public.
Registration, Email and Password
You do not need to register nor provide any personal data to access and use the Service. However, if you wish to access your personalized Pluggedin web pages from any computer you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your Pluggedin account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to Pluggedin must always be promptly updated as soon as it stops being true, complete, accurate, or current.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential and you shall not communicate it to any third-party individual or website. You shall notify Pluggedin immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall be liable for all actions taken with your password as well as for any loss or liability consequential to such use. We may cancel your account without notice in the case of any violation of the Terms of Service. Pluggedin shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Pluggedin, or any transactions entered into through the Service or failure to abide by this Agreement.
III. Use and Conduct
You are granted a limited, personal, non-exclusive, revocable, license to use the Site and to receive, by stream, media made available through the Site. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Pluggedin Materials, except as provided under these Terms of Service, and you agree to take all reasonable steps to prevent the unauthorized use of the Pluggedin Materials.
Account Information and Data
Pluggedin will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that Pluggedin does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your Pluggedin account. Pluggedin may access your account, to respond to service or technical problems or as stated in this Agreement.
Third Party Interaction
Pluggedin has no control over and does not host Third-Party Content and Third-Party Services. Similarly, we cannot control links to other websites or other Internet resources. These resources, content and services are provided to you “as is” to facilitate your web browsing. Pluggedin does not endorse any sites on the Internet that are linked through the Service. Pluggedin is providing these links to you only as a matter of convenience, and in no event shall Pluggedin be responsible for any content, products, or other materials on or available from such sites.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Pluggedin shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Posting and Sharing Content
You may post and share Your Content with the Pluggedin Community. You understand that you may share Your Content under your sole responsibility and represent that you own all the rights to, or have secured the necessary authorizations for, Your Content. As we do not exercise any control over Third-Party Content, when posting Your Content it is your responsibility to clearly and truly identify its actual or potential nature to ensure its classification in the proper category. This is necessary for the good operation of the Service and in order to protect other users by identifying content that may be explicit or pornographic. You shall verify that Your Content is in compliance with the Terms of Service and, more generally, is not harmful or unlawful. You understand that you may not request any payment from Pluggedin for posting or sharing content.
Conduct of Users
As a condition for accessing and using the Site and the Service, you agree:
- Not to post, share, or otherwise transmit any content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable;
- To respect the privacy of others and the confidentiality of the information you may receive and not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Not to harass any other user of the Site or to impersonate another user by any means including by using her/his email address and password;
- To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
- To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
- Not to engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
- Not to reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Site.
In case of any violation of the above, Pluggedin reserves the right to cancel or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. Pluggedin also reserves the right to block the distribution of Your Content or any Third-Party Content through the Service.
Further, you represent that you shall hold harmless (including reasonable attorneys’ fees) Pluggedin, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use of the Service, the violation of the Terms of Service or of any other document therein, or, more generally, the violation of the law.
Termination of Account
You may terminate your account at any time. In the case of violation of the Terms of Service, we reserve the right to limit your access to the Site and/or to rename or terminate your account. You understand and accept that we may not be held liable for the cancellation of your account.
IV. Proprietary Rights
Access to the Site
Pluggedin is the sole holder of all proprietary rights to the Site and the Service including the users’ databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Service may trigger your liability and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by Pluggedin. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective rightholders.
Intellectual Property – Copyright
The Site is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. No material from the Site may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Pluggedin or in the case of material licensed to Pluggedin the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving Pluggedin’ prior written consent.
Trademarks
The registered Pluggedin trademark and logo and all other Pluggedin trademarks are owned by Pluggedin. You agree not to use or communicate said trademarks or logo without our written consent.
Intellectual Property of Others
We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Site of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.
V. Privacy Policy
Pluggedin respects your privacy and that of others. We encourage you to read our privacy policy. The personal information requested (email address and password) is necessary to make your personalized Pluggedin web pages available from any computer and/or to safeguard your selections in case of deletion of the cookies files on your computer.
VI. Indemnification
You shall indemnify and hold Pluggedin and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
VII. Disclaimer of Warranties
PLUGGEDIN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. PLUGGEDIN DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PLUGGEDIN.
VIII. Limitation of Liability
The Service and the Site are made available to you “as is.” Pluggedin makes no warranty, whether implied or express, as to the Service and the Site. In particular and without limitation, we may not warrant the continuity and quality of the Service available on this Site, or the fact that the Site will be permanently accessible, or that our users will not violate the Terms of Service or our privacy policy. We may limit the use of our Service. We may not be held liable for the failure to make available, or for the deletion of, content or messages exchanged between users.
You understand that you are accessing and using the Site and the Service at your own risk. Pluggedin may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any material, program, or file through the Service. Pluggedin may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
More generally, you accept that we may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to or use of the Service and/or Site and that the limitation of liability applies to Pluggedin Media Corp. and to its affiliated companies, principals, directors, agents, and employees.
IX. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
X. Miscellaneous
Modifications
Pluggedin reserves the right to change the Terms of Service of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Availability
There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Pluggedin shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Pluggedin is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.
Beta Disclaimer
The Pluggedin Site is (currently) “Beta” software. While Pluggedin strives to maintain all of the above privacy precautions, Pluggedin is not devoid of risk of “bugs” and software faultiness that is common with Beta software. As is made clear in the Terms of Service regarding, Pluggedin disclaims and limits its liability with respect to such “Beta” software, including limitation of its any liability regarding privacy issues set forth in this policy.
General
This Agreement will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Los Angeles, California. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms of Service of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Pluggedin as a result of this agreement or use of the Service. The failure of Pluggedin to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pluggedin in writing. Pluggedin has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Pluggedin and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
