6.1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials“), (ii) and User Submissions, as defined below (together with the Materials, the “Content“), and (iii) the trademarks, service marks and logos contained therein (“Marks“), are the property of PlainID and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “PlainID”, the PlainID logo, and other marks are Marks of PlainID or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
6.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
7.1. Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
7.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize PlainID to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
7.3. License to User Submissions. By submitting the User Submissions to PlainID, you hereby grant PlainID a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and PlainID’s business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
7.4. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
7.5. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that PlainID is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PlainID with respect to (i) and (ii) herein.
8.2. PlainID permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with PlainID or present any false information about PlainID and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
10.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
10.2. THE SITE AND ALL THE CONTENT ON THE SITE, INCLUDING INFORMATION ABOUT OUR PRODUCTS AND SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PLAINID HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PLAINID DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT PLAINID WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
11.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLAINID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PLAINID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
11.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLAINID FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO PLAINID FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
17.1. Mandatory, Bilateral Arbitration. YOU AND PLAINID AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT OR THE SITE (EACH, A “DISPUTE”) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION, except that each party retains (i) the right to bring an individual action in a small claims court and (ii) the right to seek injunctive or other equitable relief in a court of competent jurisdiction worldwide to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights.
17.2. Arbitration Rules.
17.2.1. You and PlainID hereby further agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA“), applies to these Terms to arbitrate.
17.2.2. Unless you and PlainID expressly agree otherwise in writing in respect of a Dispute, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS“), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules“), as modified by these Terms, and consistent with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards“). The arbitrator must honor the terms and conditions of this Agreement (including all liability exclusions and limitations.
17.2.3. Notwithstanding JAMS Streamlined Rule 8(b), you and PlainID agree that any dispute as to the arbitrability of a Dispute brought by either you or PlainID shall be resolved by a court of competent jurisdiction.
17.2.4. The arbitrator’s decision and award shall be final and binding, with some exceptions as set forth in the FAA.
17.3. No Class Arbitrations. THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS. YOU AND PLAINID ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. UNLESS YOU AND PlainID EXPRESSLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE(S), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
17.4. Location. Unless you and PlainID expressly agree otherwise in writing, Disputes will be arbitrated in-person at the following locations: (a) if you are a resident of a country in North America, Central America or South America, the arbitration will take place in New York City, New York, USA; or (b) if you are a resident of any other country in the world, the arbitration will take place in Tel Aviv-Jaffa, Israel. In the event JAMS indicates that it is unable to provide, or arrange for, an arbitrator in Israel, you agree that the arbitration will be held in New York County, New York, USA.
17.5. Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for Disputes within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against PlainID on your behalf.
17.6. Opting Out of this Mandatory Arbitration. You can decline this agreement to arbitrate by contacting email@example.com within thirty (30) days of the date you initially agreed to be bound by these Terms (“Effective Date”) and stating that you (include your first and last name, as well as your mailing address) decline to agree to arbitrate Dispute as set forth in this Section 17. Furthermore, and notwithstanding the provisions regarding modification of these Terms, if PlainID changes this Dispute Resolution section after the Effective Date, you may reject any such change by providing PlainID written notice of such rejection to firstname.lastname@example.org within thirty (30) days of the date such change became effective. In order for your notice to be effective, it must include your full name and clearly indicate your intent to reject the change(s) to this Dispute Resolution section. By rejecting such change(s), you are agreeing that you will arbitrate any Dispute between you and PlainID in accordance with the provisions of this Dispute Resolution section as of the Effective Date, as defined above (or the date you accepted any subsequent changes to this Agreement), unless you initially declined to agree to arbitrate Disputes in the manner described above.
17.7. Confidentiality of Proceedings and Decisions. All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential.
17.8. Jury Waiver. In the event any litigation should arise between you and PlainID in any court of competent jurisdiction in a proceeding to vacate or enforce an arbitration award (or otherwise – without limiting this Section 17), YOU AND PLAINID WAIVE ALL RIGHTS TO A JURY TRIAL, AND INSTEAD AGREE THAT THE PROCEEDING SHALL BE RESOLVED BY A JUDGE.
Last updated: April 3, 2022