PLEENQ.com

Welcome to PLEENQ.com, owned and operated by PLEENQ LLC ("Company"). PLEENQ.com is a service that allows you to host a plugin on your website which creates interactive links over your images. These links refer to the goods or services that the interactive region highlights. When a purchase is made through a link (what we call a PLEENQ), Company collects a commission and transfers a percentage of that commission to the website owner under agreed-upon terms.

If you continue to browse and use this website or the associated services of PLEENQ.com, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Company's relationship with you in relation to this website.

BINDING EFFECT. This is a binding agreement. By using the Internet site located at PLEENQ.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. Company will also send registered users an email notifying them of any changes to these Terms, or otherwise advise registered users via their registration profile.

It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, OR IF UNDER AGE 13, ARE USING THE SITE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN; AND IF PURCHASING ANY GOODS OR SERVICES ON THIS SITE YOU ARE AT LEAST 18 YEARS OF AGE.

REGISTRATION. You are not required to register to view PLEENQ.com or to purchase items or PLEENQs displayed on PLEENQ.com or any website which hosts the PLEENQ plugin. You will need to register with PLEENQ.com if you want to use the PLEENQ plugin on your own page. When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form and completing all non-optional fields in your account profile. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify PLEENQ.com immediately of any unauthorized use of your account, username, or password. shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

RULES FOR PLEENQS.

(a) Commissions. Company will receive a portion of the commissions earned by every sale made through each PLEENQ. The commission amount may vary and website owners will be advised of the current commission structure upon registration, and will be given 24 hours notice of any changes with the commission structure.

(b) Additional Information for Tax Purposes. To receive commissions website owners must provide their true name, address, and other contact information, as well as bank or PayPal account information as requested. In the event that a website owner earns more than $500 in a calendar year, he/she will need to provide additional information for purposes of required reporting to taxing authorities.

(c) Website owners are Independent Contractors. You as a website owner are an Independent Contractor and represents that you are engaged in an independent calling and have complied with all local, state, and federal laws that may be required to carry out the independent calling for which you may be paid commissions.

(d) Taxes are Website Owners’s Responsibility. You as a website owner agree that as an Independent Contractor, it is your exclusive responsibility to provide and/or pay all local, state, and federal taxes related to this Agreement and your commissions. Neither FICA (Social Security), FUTA (Federal Employment), nor local, state, or federal income taxes will be withheld from payments to Independent Contractors.

DISCLAIMER REGARDING USER CONTENT. Company bears no responsibility and makes no representations regarding the truth or accuracy of any products or services linked to or offered by users through this site, or representations therein, including the quality or legality of products or services offered by parties posting on the Site.

SPECIALS, PROMOTIONS, SWEEPSTAKES. Please read the official rules that accompany any gift opportunity, special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Rules for any of the above are incorporated into this Agreement by this reference.

PRIVACY POLICY. Pleenq respects your privacy and permits you to control the treatment of your personal information. A complete statement of PLEENQ.com's current privacy policy can be found by on the Privacy Policy link on the main page. PLEENQ.com’s privacy policy is expressly incorporated into this Agreement by this reference.

USE OF THE SITE. Company grants you permission to use the Site subject to the restrictions in these Terms of Service. While we make reasonable efforts to ensure that all content, including User Content on the Site is acceptable to a general audience, in accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Company does not endorse such Content, and cannot vouch for its accuracy. You therefore access and use the Site at your own risk.

USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content (except for commissions generated by PLEENQs). You agree that Company may publish or otherwise disclose your username in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID or profile. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

COPYRIGHT INFRINGEMENT / DMCA. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:

Copyright Claims
Pleenq, LLC
812 East J St
Chula Vista, CA 91910
[email protected]

INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

(a) violates any of the terms of this Agreement, or any agreement with Company or its partners and affiliates; or
(b) creates a false identity for the purpose of misleading others; or
(c) is libelous, defamatory, obscene, pornographic, abusive, or threatening; or
(d) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
(e) contains viruses, Trojan horses, worms, corrupted files, or similar destructive, invasive, or illegal software.

Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, DDoS attacks, "flooding," "spamming," "mail bombing," etc.; (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

AFFILIATED AND THIRD PARTY SITES. Company has no control over, and no liability for any third party websites or materials or products and services provided therein. Company works with a number of partners, affiliates, and advertisers whose Internet sites may be linked with or incorporated into the Site. Because neither Company nor the Site has control over the content and performance of these third party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

INTERNATIONAL AND U.S. USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. The Site is based in the State of California, USA. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its partners, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

COPYRIGHT; TRADEMARK. All contents of Site or Service that are not provided by users or third-parties are Copyright © 2016 Pleenq, LLC. All rights reserved. You may not reuse, distribute, modify, repost any content of this site for public or commercial uses such as logos, text, images, without the express written permission of Company.

“Pleenq,” “PLEENQ.com,” as well as all logos and similar images and text found on PLEENQ.com or any other sites controlled or operated by Company, are trademarks of Company.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of San Diego, California, USA in all disputes arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting to unregistered users. Company will also send registered users an email notifying them of any changes to these Terms, or otherwise advise registered users via their registration profile, and allow them an opportunity to agree to the changes, or to decline the changes and cancel the user's account. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall be bound by and abide by any such revision.

ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Amended December 18, 2016