Last Updated: April 5, 2023
Please read these Terms of Service (“TOS”) carefully. These TOS govern: (i) your use of (a) Plask motion tool (the “Plask Apps”) and (b) Plask’s web domains and subdomains, including without limitation plask.ai (our “Sites”), and (ii) our minting, offering and sale services related to non-fungible tokens (“NFTs”). We refer to the content and functionality of the Plask Apps and the Sites, and our minting, offering and sale of NFTs, as our “Service.” As used in these TOS, the “Company”, “Plask”, “we”, “us”, or “our” refer to Plask USA Inc. “You” and “your” refer to Service users (individually a “User” and collectively “Users”).
If you are under 13 years of age, do not use or provide any information to any part of the Service.
This summary is provided only for convenience. Please review the TOS below in its entirety for important information, details and specific legal conditions that apply to your use of the Service.
These TOS are a legal agreement between you and Plask. The Service is licensed, not sold, to you by Plask. We reserve all rights in and to the Service not expressly granted to you under these TOS. We may modify these TOS, at our sole discretion, without your consent, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. You are responsible for checking these TOS each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated TOS.
The Service allows users to: (a) utilize the Plask animation production tool (the “PlaskTool”) to create shareable motion capture-based videos (“User Video(s)”) based upon raw User video uploaded to the Service, and (b) explore common interests by sharing, rating and commenting upon posted photos and User Videos. The Service includes the Plask Tool, the Plask API(defined under Paid Users below), development of 3D avatar characters and motion capture for Users, and other services as determined by the Company in its sole discretion. User access to any or all of the foregoing is subject to these TOS and other terms the Company provides to the User in advance.
Individuals wishing to become authorized users of the Service may apply for free membership here: https://plask.ai/pricing. We may grant or deny an applicant Service membership in our sole discretion. Users agree to immediately notify the Company in the event of a change in their initial registration information. Users shall provide the foregoing notice via email; if email fails, Users will give notice to the physical address provided under “How to Contact Us” below.
When applying for the Service, you must provide information including your name and email address. When ordering goods or services available as part of the Service, you must also provide your mailing address and billing information. You represent and warrant that all information you provide will be accurate and complete, and you will ensure that all of your information on the Service remains current and up to date at all times. We are not responsible for erroneous information, and we have no obligation to independently update or verify any of the foregoing information.
Your membership becomes effective upon completion of registration in accordance with these TOS. You agree to comply with the instructions in our Service user guide. Plask may: (a) grant or deny any membership application in our sole discretion; or (b) terminate any membership at any time, with both of the foregoing in our sole discretion. Members shall comply with these TOS and applicable law, and not disrupt the Company’s business, interfere with the Service and/or its underlying technology. Failure to comply with the foregoing may be result in termination of User membership in our sole discretion.
Authorized Users may request to utilize specific services available through the Service by selecting a monthly service plan and making the applicable payment. Service plans will become effective when the Company notifies the User with a written receipt confirmation notice. Available plans and payment descriptions are available here The Company may accept or reject any Service use application in its sole discretion. The Company may terminate any Service use agreement: (a) in the event of any User violation of these TOS; and/or (b) at any time upon written notice to the User for any reason in the Company’s sole discretion. Prior to termination due to a TOS violation, the Company will give the User an opportunity to explain the circumstances and avoid termination.
Each User account is organized as a licensed workspace (“Workspace”) for billing purposes, with the number of monthly credits and suite of features available determined by the subscription package chosen. There is one owner for each Workspace (which begins as the first user of the Workspace). There will be two different tiers of Users: (a) Users who only utilize the free features available through the Service and may pay for additional Service features on a one-off basis (“Unpaid Users”), and (b) Users who pay a monthly subscription fee for the right to utilize additional service features (“Paid Users”).
Unpaid users can use the Service for free with all the functions and features described here: https://plask.ai/pricing. They will receive limited processing time to extract their motion from raw video to motion-captured data (e.g., 30 seconds a day), with the specific amount of time to be determined by the Company. To process additional video and/or access additional Service features, Unpaid Users must either: (a) pay a processing fee for additional video extraction time or a fee for additional Service features; or (b) with regard to additional processing for video extraction only, wait until the following day for additional processing time. Unpaid Users may upgrade their accounts to Paid User status by payment of an additional fee in accordance with the fee schedule located here: https://plask.ai/pricing.
Paid users will receive a minimum of [NUMBER OF HOURS] of motion capture processing time per month. However, to utilize advanced Service features, such as multi-person motion capture, our application programming interface (the “Plask API”), or our artificial intelligence physics engine (the “AI Physics Engine”), Paid Users must pay a processing fee. Fees vary depending upon the applicable User subscription plan and selected tier. Plan descriptions and tiers, Service features and related fee schedules are located here: https://plask.ai/pricing. Please note that pricing and features are subject to future changes in our sole discretion.
Notwithstanding anything to the contrary in these TOS, Paid Users who subscribe to the Commercial subscription plan (“Commercial Users”) will receive a non-exclusive, royalty-free, worldwide license to use, copy, modify, publicly perform, publicly display and reproduce the Plask IP (defined under Intellectual Property Rights below) worldwide in and as a part of the User Videos and their distribution in all media for commercial and non-commercial purposes. Paid User use of Plask trademarks will at all times comply with Plask’s written instructions and the trademark use guidelines.
Users will utilize credits to access certain Service features. A limited number of credits will be granted when Users create their accounts, with the specific number of credits initially granted (“Initial Credit Balance”) determined by the User's selected subscription model. Each month Paid Users receive additional credits in the amount of the Initial Credit Balance. If a User runs out of credit, the User’s credit balance will be auto-renewed via the payment method saved in the system of our Payment Processing Service Provider (defined below). Credits must be used within 1 year of any User account downgrade, and will be forfeited thereafter.
Monthly Payments: Paid Users subscribe to Plask’s services based on a monthly payment schedule. Fees are based on the subscription package chosen (including without limitation any add-ons). Payment is collected at the beginning of each monthly billing period (on the monthly renewal date). After payment, the account will have access to services included in the package for the entire month until the next billing period begins.
Taxes: Prices for the Services exclude all applicable tax and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using the Services even if part of the Service itself is free (for example, charges for internet access, text messaging, and other data transmission). You shall be responsible for such charges, and any and all currency conversion charges.
Renewal of Services: Subscriptions automatically renew at the standard regular rate generally applicable at the time of the renewal (which may be different from the original subscription fees) using the payment method designated on the account, unless the User requests a change or chooses to cancel/terminate. Upon renewal, the Company will give you written notice including the applicable subscription rate.
Refunds: Any amounts paid for the Services, including without limitation minting NFTs, are non-refundable, except to the extent required by applicable law or as expressly set forth in these TOS. We may provide NFT-related refunds in our reasonable business discretion.
Rejected Payments: If a payment is rejected, we will send an email notice to the specified Users on the account. There will be a grace period of five (5) days to update the payment method and complete payment. After the grace period, services provided under the subscription will be paused until payment is provided. If the account holder fails to pay fees when they are due, all overdue Fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest rate, if less, and the account holder shall reimburse us for all expenses (including reasonable attorneys’ fees subject to applicable law) incurred by us related to collecting any amount that is not paid when due.
Agreement to Pay: UNTIL THE SERVICE IS PROPERLY TERMINATED BY YOU OR US IN ACCORDANCE WITH YOUR AGREEMENT WITH US, YOU SHALL TIMELY PAY US ALL FEES, COSTS AND EXPENSES WHICH YOU HAVE AGREED TO PAY (“FEES”). IF ANY OF THE SERVICE IS FREE, THERE MAY STILL BE CHARGES FOR ADDITIONAL CONTENT WITHIN THE SERVICE, AND YOU AGREE TO PAY THOSE CHARGES. YOU MAY BE ABLE TO PREVENT PURCHASE OF SUCH ADDITIONAL CONTENT BY ADJUSTING YOUR DEVICE'S SETTINGS.
THE FEES SHALL BE PAID BY CREDIT CARD OR IN ANOTHER FORM OF IMMEDIATELY AVAILABLE FUNDS ACCEPTABLE TO US, ACTING REASONABLY, AND IF YOU PROVIDE YOUR CREDIT CARD DETAILS THROUGH THE SERVICES OR OTHERWISE, YOU AGREE TO US AND OUR PAYMENT PROCESSING SERVICE PROVIDER CHARGING THE FEES TO YOUR CREDIT CARD WITHOUT REQUIRING ANY FURTHER NOTICE TO, OR CONSENT FROM, YOU, AND YOU FURTHERMORE REPRESENT AND WARRANT THAT SUCH FEE PAYMENTS SHALL BE MADE WHEN DUE.
If you fail to pay Fees when due, all overdue Fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest rate, if less, and you shall reimburse us for all expenses (including reasonable attorneys’ fees) incurred by us to collect any amount that is not paid when due.
The Apple iPhone, iPad and other devices may keep you logged on for a period of time after you are active on the Service download a Plask App (or after you make a purchase through a Plask App). This may allow a user (for example, a child) to incur charges without entering your password. This is a function of the software of these devices and not within our control. You may be able to change this function through the “settings” menu on your device. You will pay any such charges.
If you are a resident of the European Union, you consent that we may make available to you the Services and any virtual currency, services and/or virtual goods directly after your order has been accepted by a third party. As a result, you hereby expressly acknowledge that you have no legal right to cancel the purchase of the Services or such virtual items.
The Company notifies Users in writing of completion of payment or purchase, and provides written notice to Users confirming receipt of User applications to the Service. Users may change or cancel purchase applications immediately after receiving the confirming email or otherwise in accordance with applicable law. The Company will promptly process such requests, provided that if payment has already been made the User shall bear any expenses necessary for the return of goods. Notwithstanding the foregoing, no payment shall be due from any User in connection with subscription cancellations due to nonconformance of goods with displayed goods or Services that materially differ from services promised. Regarding elements that cannot be cancelled, if any, the Company will comply with applicable law
Any and all intellectual property of any nature that you provide to us for use in connection with the creation, production, and/or distribution of the User Video(s) will be referred to in these TOS as “User IP”. You retain full ownership of all User IP. By using the Service, you grant the Company an irrevocable, non-exclusive, fully-paid, royalty-free and worldwide license to: (a) access, review, use, copy, modify, create derivative works of, reproduce and analyze User IP to allow the Company to deliver the Service; (b) process User IP through machine learning, algorithmic optimization, human analysis, and similar approaches; and (c) display and utilize User IP (i) in and as part of your User Video(s), their distribution, exploitation and promotion in all media now known or hereafter created throughout the world, including without limitation the Service, and (ii) in connection with advertising and promoting Plask and/or its business, in all media now known or hereafter created throughout the world.
You represent and warrant that: (d) you have all rights, power and authority (including without limitation rights under applicable information protection, privacy and copyright laws) to make the grants of rights herein and perform all of your obligations under these TOS; (e) the User IP is not illegal, defamatory or pornographic; (f) your posting of the User IP and its use on the Service will comply with and not violate any applicable smart contract(s), other legal or contractual terms or third party rights; and (g) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties.
Your access to your Workspace and rights to our proprietary Service are through a license, which is: (a) limited, revocable, personal, non-commercial, non-transferable, non-assignable, non-sublicensable and non-exclusive, and (b) limited to use of the Service on devices that you own or control and as permitted by the terms and conditions applying to your device. These TOS do not permit you to use the Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Service and, if you sell your device to a third party, you must remove the Apps before doing so. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of Plask and our licensors. If you breach this restriction, your license under these TOS will automatically terminate without the requirement of notice from Plask, and you may be subject to criminal prosecution and liability for money damages.
User Videos include Plask IP. The Company grants you a limited, revocable, personal, non-exclusive, non-transferable, worldwide license to utilize the Plask IP in and as a part of the User Videos and their distribution in all media.
Except as specifically provided in these TOS, You will not utilize or allow others to utilize Plask IP for commercial purposes including without limitation copying, transmitting, publishing, distributing, broadcasting, streaming or other methods without the prior written consent of the Company in our sole discretion. Notwithstanding the foregoing, posting User Videos on your personal social media channels will not constitute a commercial purpose under these TOS.
These TOS will govern any upgrades provided by Plask that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and Plask. Use of the term “purchase” in these TOS does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods. Please see “NFTs” below regarding license terms applying to non-fungible tokens and related content.
All content included in the Service, including but not limited to all data, software, text, displays, images, video, and audio, graphics, logos, user interfaces, button icons, images, photographs, and digital downloads, but excluding any User IP and User content (“Plask IP”) is owned by Plask or our licensors and protected by United States, South Korean and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes any images and video, for example, that are associated with NFTs. The Service may include registered and unregistered trademarks owned by or licensed to Plask, which may not be copied, imitated or used, except as expressly set forth in these TOS. You agree that you will not apply for, register, or otherwise use or attempt to use any Plask trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.
User IP is owned by the applicable User. The Company does not own or have intellectual property liability related to User IP.
We may ask you to submit personal information in order to use certain features of the Service. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, Plask has the right to suspend or terminate your account and refuse any and all current or future use of the Service by you.
You agree that we may collect and use technical data, app usage data, and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide new applications to you.
The Service is not intended for children under the age of thirteen (13). If you are under thirteen (13) years of age, do not use or provide any information on the Service.
If you are a United States resident age thirteen (13) or over but under age eighteen (18), you may use the Service only with the consent of your parent or legal guardian. In other countries, including without limitation the Republic of Korea (“South Korea”), the applicable age is fourteen (14) years of age, rather than thirteen (13) years of age.
Plask relies upon parents and guardians to determine if the Service is appropriate for viewing or access by persons under the age of eighteen (18). You agree to monitor use of your account by persons younger than the age of eighteen (18). You agree to accept full responsibility for any unauthorized use of your account by persons under the age of eighteen (18), including responsibility for any use of your credit card or other payment instrument.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (“Taxes”) associated with your use of the Service (including, without limitation, any Taxes that may become payable as the result of your ownership or transfer of NFTs), excluding taxes based upon our income. You will pay or reimburse us for all Taxes that we are required to pay on your behalf. You shall not be entitled to deduct the amount of any Taxes from payments made to us pursuant to these TOS. If required by applicable law, we may provide information regarding your transactions in NFTs to governmental authorities, including your personal information. You are entirely responsible for the safety and management of your own digital wallet and validating all transactions, if any, that you may undertake related to NFTs.
From time to time, you may request that we mint NFTS based upon or incorporating User IP. This section sets forth the rules applicable to the foregoing activities.
As used in this section, the following terms have the corresponding meaning set forth below:
“Art” means any art, design, and drawings associated with an NFT in the form minted through the Service, including imagery, video and audio. Art does not include any modifications, derivative works, intellectual property, or art that you may contribute and/or create.
“NFT Materials” means all intellectual property rights in an NFT other than the Art, including, without limitation, all designs, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code and data.
“Third-Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
NFTs are intangible digital assets that exist only by virtue of the ownership record maintained on a blockchain network such as Ethereum. Any such opportunities if provided are solely for entertainment purposes. NFTS SHOULD NOT BE CONSIDERED STORES OF VALUE OR INVESTMENT INSTRUMENTS. NFTS ARE NOT REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES AUTHORITY. THE REAL-WORLD VALUE OF NFTS MAY FLUCTUATE SIGNIFICANTLY. YOU SHOULD BE PREPARED TO LOSE ANY AMOUNT THAT YOU PAY FOR NFTS.
NFTs may be subject to smart contracts that are conducted and occur on a decentralized ledger within the blockchain. We may have no control over and make no guarantee with respect to the operation of smart contracts. Plask is not responsible for losses due to the function, or any failures, of the blockchain or any digital wallet, including but not limited to late or missing reports from developers or representatives of any issues with the blockchain network, forks, technical node or other issues. You acknowledge that Plask has no ability to undo, reverse, or restore any transactions. NFTs are provided “as is” and “as available” without warranty of any kind. Any NFTs provided by Plask will be subject to these TOS. You represent and warrant that your use of any NFT, if any, will at all times conform with all: (a) applicable laws; and (b) applicable third-party terms.
When you request that we mint an NFT, you: (a) will provide us electronic wallet information for use in connection with payments related to that NFT, including without limitation its sale to a third party; (b) grant Plask a non-exclusive, perpetual, irrevocable, fully transferable, worldwide license to use, display and reproduce all User IP in connection with (i) the creation, minting, distribution, advertising and exploitation of such NFT, and (ii) advertising and promotion of Plask and/or its business, both of the foregoing in and any all media now known or hereafter created; (c) receive the right to a predetermined percentage of any revenue we receive from the sale of that NFT to a third party; (d) retain your pre-existing rights in and to your User IP; and (e) acknowledge and agree that Plask (or, as applicable, our licensors) owns all legal right, title and interest in and to the Art, Third Party IP and NFT Materials.
OTHER THAN EXPRESSLY STATED IN THESE TOS, YOU DO NOT HAVE ANY OTHER RIGHTS IN THE NFTS. You acknowledge that the NFTs and associated Art and NFT Materials may be protected by, as applicable, copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names associated with the Services or contained in the NFTs are proprietary to Plask or its licensors. We reserve all rights in and to the Art, Third Party IP and NFT Materials that are not expressly granted to you in these TOS.
For each NFT that you request Plask to mint, we will charge a minting fee in the amount of: [AMOUNT HERE]. Additionally, the price of NFTs may include so-called “gas fees,” or the cost of recording entries on the blockchain, which are variable and are beyond Plask’s control.
In addition to minting and gas fees, each time you conduct a transaction in an NFT, if any, you authorize us to collect a commission based on the total value of that transaction. You acknowledge and agree that such commission may be transferred directly to us as a part of the transaction.
All NFTs we create (individually a “Plask NFT” and collectively “Plask NFTs”) will be deposited into Plask’s electronic wallet. When a Plask NFT is sold, the resulting revenue will be shared with the User who requested the NFT in accordance with these TOS. The Company will make payment to the User via the User’s designated electronic wallet within ten (10) days of the Company’s receipt of payment.
You acknowledge and assume the following risks: (a) risks associated with purchasing and using internet-based assets, such as NFTs, including, but not limited to, failure of hardware, software and internet connections, malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet; (b) a lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the Plask ecosystem, and therefore the potential utility or value of NFTs; (c) the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the Plask ecosystem, and therefore the potential utility or value of NFTs; and (d) upgrades to any blockchain platform, a hard fork in such a platform, or a change in how transactions are confirmed on such a platform may have unintended, adverse effects on blockchains, including the Plask ecosystem and/or the NFTs. You accept and acknowledge that Plask will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.
We may require you to provide additional information and/or documents at the request of any competent authority or in connection with any applicable law or regulation, including without limitation laws related to anti-money-laundering. Plask may also require you to provide additional information and documents in cases where we have reason to believe that: (a) you are using the Service (or any portion thereof) for money-laundering or for any other illegal activity; (b) you have concealed or reported false identification information and/or other details; and/or (c) transactions by you were effected in breach of these TOS. In such cases, Plask, in its sole discretion, may (d) revoke any rights granted to you by Plask hereunder; or (e) pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Plask may, in addition to the foregoing penalties, terminate your access to the Service.
Plask has no obligation to accept, display, review, maintain or otherwise exploit any User Content. By posting User Content to the Service, you represent and warrant that: (a) you have all rights (including without limitation rights under applicable information protection, privacy and copyright laws) to do so; (b) such content is not illegal, defamatory or pornographic; (c) your posting of the User Content and its use on the Service will comply with and not violate any applicable smart contract(s), other legal or contractual terms; and (d) you are solely responsible for any liability related to your breach of any of the foregoing representations and warranties. User Content is not confidential, and User Content will not be returned to you. You hereby grant to Plask a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose (e) User Content via the Service or by any other means, and (f) your user name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in User Content, regardless of whether User Content is altered or changed in a manner not agreeable to you.
The Service may restrict your ability to share your User Content in the Service. Unless otherwise notified by Plask, however, you may save and share it via third-party apps and sites subject to the terms of those third-party apps and sites and your ongoing compliance with these TOS.
We have no obligation to monitor, verify, correct or remove User Content, although we reserve the right to do so in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any User Content. However, if you believe that any User Content infringes copyright rights held by you, you may contact us at the e-mail address or physical mail address below with the following information and signature:
The notice should be sent to Gamma Law Professional Corporation, our Designated Agent to Receive DMCA Notices at: email@example.com and +1 (415) 901-0510 or, if by physical mail, as follows:
Plask AI c/o Gamma Law
PO Box 136
San Francisco, CA 94104-0136 USA
It is Plask’s policy, in appropriate circumstances, to terminate the accounts of Users who are repeat infringers or are repeatedly alleged to have committed infringement.
The Service may contain links, login interfaces and other connections to third-party websites and apps. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.
You agree not to: (a) interfere with or disrupt the Service, its servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; (b) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (c) use the Service to violate the law; (d) use the Service to harm minors in any way; (e) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead Plask or other users; (g) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Service for any commercial purpose, (i) use any other user's account for any purpose, including to circumvent a suspension or ban, or allow anyone to use your account; (j) threaten e-commerce, such as by stealing personal information; (k) submit false refund requests; (l) transmit or post content not requested by the Company; (m) infringe third party intellectual property rights; (n) injure the reputation of the company or any third party or interfere with the business of the foregoing; (o) transmit or post obscene or violent messages, images, voices or information against public order and morals; (p) engage in an act prohibited by law or public order and morals against the Company. Plask reserves the right to determine what conduct violates the foregoing restrictions and to take action as a result, which may include termination of your account and exclusion from further participation in the Service.
The Company will provide notices through the email address provided by the User. General notices to Users will be posted for a minimum of seven (7) days on the Service.
If you choose, or are provided with, a User ID, password, or any other piece of information as part of our security procedures, you will treat such information as confidential, and you will not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person access to the Service or any part of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation any violation of these TOS.
We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance. You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service. This may occur, for example, when we are conducting regular or emergency maintenance on the Service.
Your license to use the Service is effective until terminated by you or Plask. Your rights under these TOS will terminate automatically without notice from Plask if you violate any terms listed in these TOS regardless of whether the violation is by you personally or on your behalf. Plask may terminate your rights under these TOS if: (a) you provide false information in connection with your membership application; (b) you provide access to your membership account to a third party; (c) you do not pay amounts due to Plask under these TOS in a timely manner; (d) you interfere with other users other Service users or the functioning of any App; (e) violate these TOS; and (f) violate any law or regulation related to the Company and/or its business.
If a User commits any of the foregoing violations, the Company will notify the User and give the User the opportunity to provide an explanation; the Company may also restrict or suspend the User’s membership for thirty (30) days. If the prohibited conduct is not corrected within the foregoing period, the Company may terminate the User’s membership. Upon termination of User membership, the User will cease all use of the Service and delete all copies of the Plask Apps.
Users may, as the result of termination, lose their Service account(s) and all information and associated data. Users will not be entitled to any refund, reimbursement or other liability as a result of any cancellation or termination permitted under these TOS for any reason, whether by the User or Plask. Plask reserves the right to refuse to keep accounts for or provide access to the Service to anyone.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PLASK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO PLASK PARTY WARRANTS THAT THE SERVICE, NFTs, OUR SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLASK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLASK OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ETHEREUM OR ANY OTHER BLOCKCHAIN NETWORK OR METAMASK OR ANY OTHER DIGITAL WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, NETWORK OR ANY WALLET.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL PLASK BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PLASK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree that we have no obligation to provide support relating to the Service. We may provide limited support to users who contact us via the “Communications” section of these TOS below; however, we may discontinue such support at any time. You agree that the Plask Apps and Sites may automatically download and install updates, upgrades and additional features that Plask deems reasonable, beneficial to you and/or reasonably necessary.
You may not use or otherwise export or re-export the Service except as authorized by United States law, South Korean law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Service and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users: (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
All services hereunder are offered by Plask USA INC., which may be reached via firstname.lastname@example.org, and by physical mail at c/o Gamma Law, PO Box 136, San Francisco, CA 94104-0136 USA. You agree that Plask may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Service, or for other purposes we deem appropriate.
Except as otherwise required by law, the federal laws of the United States of America and the state law of California, USA, both excluding conflicts of law rules, govern these TOS and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You hereby agree to personal jurisdiction by and venue in the courts of Seoul Korea, for all disputes in connection with these TOS or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these TOS or to any dispute or transaction arising out of these TOS.
If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.
No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.