Terms of Service
Last updated: January 10, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR OUR SERVICES. ANY USE INDICATES THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU ARE PROHIBITED FROM ACCESSING, BROWSING, OR OTHERWISE USING OUR SERVICES.
1. INTRODUCTION
Plume Foundation, a Cayman Island company (“Plume”, “we”, “us”, or “our”) provides this website-hosted user interface (the “Interface”) that may be used for accessing Plume Network, a modular Layer 2 blockchain optimized for real world assets (the “Protocol”), including our website located at https://www.plumenetwork.xyz/ as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto, and any other website operated on which these Terms of Service (as amended from time to time, these “Terms”) are posted (collectively, the “Site”) and through our related technologies (collectively, the Interface and the Site, including all existing and any updated or new features, functionality, and technology, our “Services”).
Please read these terms carefully and keep a copy for your reference. Note, there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed below. For more information about how we collect, use, share, and otherwise process information about you, please refer to our Privacy Policy. By using our Services, you consent to our collection, use, and disclosure of Personal Data and other data as outlined therein.
SECTION 11 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE REVIEW THESE TERMS CAREFULLY AS THEY AFFECT YOUR RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES RELATED TO OUR SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE JURY TRIAL AND YOUR RIGHTS TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH HEREIN.
2. AGREEMENT
These Terms are a binding contract between you, an individual user, whether personally or on behalf of an entity (“you” or “your”) and us. All access and use of our Services is subject to these Terms.
The Protocol is not part of our Services. We maintain and operate the Site as a portal for news, information, and updates about the Protocol. For the avoidance of doubt, the Protocol is open-source and maintained and processed by Protocol validators around the world with certain open-source software and a set of smart contracts[MF1] that, once deployed to the Protocol, are not controlled by us (even if we contributed to its initial development). Consequently, we do not control (a) the activity of third parties or any user transacting on the Protocol; (b) the activity and data on the Protocol; (c) the validation of transactions on the Protocol; or (d) the use of the Protocol. Further, we do not take possession, custody, or control over any virtual currency, digital asset, or any other similar form on the Protocol, unless expressly stated in a written contract. You acknowledge and agree that we make no representations or warranties with respect to Plume, and that, if you use the Protocol, you do so at your own risk.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. These Terms were last revised as indicated at the top of this page. You may read a current, effective copy of these Terms by visiting the “Terms of Service” link on the Site. Further, you waive any right to receive specific notice of each such change and it is solely your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been aware of and to have accepted, the changes in any revised Terms by your continued use of our Services after the date such revised Terms are posted. Your continued use of our Services after the date any such changes become effective constitutes your acceptance of the changes. If you do not agree to abide by these (or any future) Terms, you will not access, browse, or use (or continue to access, browse, or use) our Services.
Any promotions made available through the Site will be governed by specific rules that are separate from these Terms. By participating in any such promotion, you will become subject to those rules, which may vary from these Terms. Consequently, Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. When using certain features through our Services, you will be subject to any additional terms applicable to such features that may be posted on or within our Services from time to time. Since all such terms are hereby incorporated by reference into these Terms, we urge you to read the applicable rules and review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.
3. WHO MAY (OR MAY NOT) USE OUR SERVICES
You may use our Services only if you are 18 years or older and capable of forming a binding contract with Plume, and not otherwise barred from using our Services under any applicable law or these Terms. If you are using our Services on behalf of another person, entity. or other organization, (a) you are agreeing to these Terms on behalf of that person, entity, or organization; (b) representing to Plume that you have the authority to bind that entity or organization to these Terms; (c) all references to “you” or “your” throughout these Terms will include that person, entity, or organization; and (d) in the event you or the person, entity, or organization violates these Terms, the person, entity, or organization agrees to be responsible to us.
By using our Services, you represent, warrant, agree, and acknowledge that (a) the Office of Foreign Assets Control of the United States Treasury Department does not list you as a specially designated national and/or blocked person; (b) the Bureau of Industry and Security of the United States Department of Commerce does not list you on its denied persons list or lists of parties of concern; (c) neither you, the country you are located in, or persons connected to you, are on any similar list promulgated by an official agency or department of the United States government, the United Nations Security Council, the European Union, or the United Kingdom’s Office of Financial Sanctions Implementation; (d) you are not the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union, or any other governmental authority; and (e) you are not organized in or resident of a country or territory that is the subject of country-wide or territory-wide sanctions implemented by any of the foregoing. Further, you represent, warrant, agree, and acknowledge that you are not located in, a citizen of, or a resident of any of the following jurisdictions: Afghanistan, Belarus, Central African Republic, Cuba, Democratic Republic of Congo, Democratic People’s Republic of North Korea, Donetsk People’s Republic (DNR) region of Ukraine, Islamic Republic of Iran, Liberia, Mozambique, Myanmar, Luhansk People’s Republic (LNR) region of Ukraine, Rwanda, Somalia, South Sudan, Sudan (North), Syria, Uganda, The Crimea, and/or Zimbabwe.[MF2] Our services are closed to individuals from these and any other prohibited jurisdictions.
4. YOUR RESPONSIBILITIES
By using our Services, you acknowledge that you are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials. Further, as between Plume and you, you will be solely responsible for your applications (“Your Apps”), including their development, operation, maintenance, and all related content and materials.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“Content”) that you make available to Plume, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Your Apps or by emailing or otherwise making available to other users of the Site (collectively, “User Content”). Plume reserves the right to investigate and take appropriate legal action against anyone who, in Plume’s sole discretion, violates this provision, including reporting the violator to law enforcement authorities. You agree to not use our Services or Your Apps to:
(a) distribute any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, surveys, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Plume, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our users to any harm or liability of any type;
(b) seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including the deployment of viruses and denial of service attacks;
(c) violate any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to any laws or regulations concerning the integrity of trading markets (e.g., manipulative tactics commonly known as spoofing and wash trading) or trading of securities or derivatives;
(d) engage in any activity that seeks to defraud us or any other person or entity, including providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another;
(e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) solicit personal information from anyone under the age of 18;
(g) violate any confidentiality obligations;
(h) harvest or collect email addresses or other contact information of other users from our Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
(i) further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
5. DISCLAIMERS
Plume reserves the right to modify or discontinue, temporarily, or permanently, our Services (or any part thereof) with or without notice. You agree that Plume will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services. Further, if you are blocked by Plume from accessing our Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
All information provided by our Services is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in our Services. Before you make any financial, legal, tax, or other decisions involving our Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
There may be information on our Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Site at any time, without prior notice. However, our Services may be out of date, and we make no commitment to update our Services or to make any notification of changes. We do not warrant that the content will be uninterrupted or error free or free of computer viruses, contaminants, or other harmful items. Further, we do not warrant that any defects or inaccuracies will be corrected.
Plume is an independent contractor for all purposes. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture between you and Plume or authorize you to act as our agent. These are not intended to (and do not) create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
Under no circumstances will Plume be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Plume does not pre- screen content and that we have no obligation to monitor use of our Services, but that Plume and its designees will have the right, in their sole discretion, to refuse or remove any content that is available via the Site. Without limiting the foregoing, Plume and its designees will have the right to remove from the Site any content that violates these Terms or is deemed by Plume, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the quality, validity, accuracy, completeness, or usefulness of such content.
You agree that you are solely responsible for your interactions with any other user in connection with our Services, and Plume will have no liability or responsibility with respect thereto. Plume reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of our Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, OUR SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, SERVICE PROIDERS, CONTRACTORS OR OFFICERS, DIRECTORS, AND EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES. FURTHER, YOUR USE OF OUR SERVICES ARE AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO WARRANTY THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, APPLICATIONS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
BY ACCESSING AND USING OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS, SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20) AND BRIDGING ACROSS DIFFERENT BLOCKCHAIN SOLUTIONS. YOU FURTHER UNDERSTAND THAT THE MARKETS FOR THESE DIGITAL ASSETS ARE HIGHLY VOLATILE DUE TO VARIOUS FACTORS, INCLUDING ADOPTION, SPECULATION, TECHNOLOGY, SECURITY, AND REGULATION. YOU ACKNOWLEDGE AND ACCEPT THAT THE COST AND SPEED OF TRANSACTING WITH CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS ARE VARIABLE AND MAY INCREASE DRAMATICALLY AT ANY TIME. YOU FURTHER ACKNOWLEDGE AND ACCEPT THE RISK THAT YOUR DIGITAL ASSETS MAY LOSE SOME OR ALL OF THEIR VALUE WHILE THEY ARE SUPPLIED TO THE PROTOCOL THROUGH THE INTERFACE, YOU MAY SUFFER LOSS DUE TO THE FLUCTUATION OF PRICES OF TOKENS IN A TRADING PAIR OR LIQUIDITY POOL, AND, ESPECIALLY IN EXPERT MODES, EXPERIENCE SIGNIFICANT PRICE SLIPPAGE AND COST. YOU UNDERSTAND THAT ANYONE CAN CREATE A TOKEN, INCLUDING FAKE VERSIONS OF EXISTING TOKENS AND TOKENS THAT FALSELY CLAIM TO REPRESENT PROJECTS, AND ACKNOWLEDGE AND ACCEPT THE RISK THAT YOU MAY MISTAKENLY TRADE THOSE OR OTHER TOKENS. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF THESE VARIABLES OR RISKS AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING OUR SERVICES. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING OUR SERVICES, INCLUDING THE INTERFACE TO INTERACT WITH THE PROTOCOL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLUME WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PLUME PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
(A) THE USE OR THE INABILITY TO USE OUR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; (E) INTERRUPTION OR CESSATION OF FUNCTION RELATED TO THE INTERFACE OR THE PROTOCOL; (F) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE INTERFACE OR THE PROTOCOL; (G) ERRORS OR OMISSIONS IN, OR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF, ANY CONTENT MADE AVAILABLE THROUGH THE INTERFACE OR THE PROTOCOL; (H) DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION; OR (I) ANY OTHER MATTER RELATING TO OUR SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PLUME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF YOUR STATE OF RESIDENCE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF DAMAGES ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
6. IP, USAGE DATA, AND THIRD-PARTY SERVICES
You acknowledge and agree that our Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Plume (e.g., to the extent any of the Protocol is made available under an open- source license), you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on our Services or our Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through our Services in accordance with these Terms. Any use of our Services or our Service Content other than as specifically authorized herein is strictly prohibited.
The Plume name and logos are trademarks and service marks of Plume (collectively the “Plume Trademarks”) and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other company, product, and service names and logos used and displayed via our Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Plume. Nothing in these Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Plume Trademarks. All goodwill generated from the use of Plume Trademarks will inure to our exclusive benefit.
You represent and warrant that you own all rights, title, and interest in and to any User Content that you make available via the Site, including all copyrights and rights of publicity contained therein. You hereby grant Plume and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use such User Content in connection with the operation of the Site. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality, and appropriateness of your User Content.
You hereby authorize Plume and its third-party service providers to derive statistical and usage data relating to your use of the Site (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about our Services (“Submissions”), provided by you to Plume are non-confidential and non-proprietary. Plume is entitled to copy, disclose, display, distribute, modify, incorporate, and otherwise freely use and disseminate these Submissions (including all data, images, sounds, text, and other things embodied therein) for any purpose, commercial or otherwise, without acknowledgment, attribution, compensation, or any other obligation to you or any party whatsoever. By sending any Submissions, you agree we are free to use any ideas, concepts, know-how, or techniques for any purpose and in any manner in our sole discretion.
You acknowledge and agree that Plume may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Plume, its users, or the public. You understand that the technical processing and transmission of our Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service provides access to services, sites, technology, applications, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties. Plume has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Plume, will be solely responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using our Services are between you and the third party. Plume will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
7. INDEMNIFICATION AND RELEASE
Without limiting any Terms, you agree that you shall defend, indemnify, and hold harmless Plume, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Plume Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of our Services, Your Apps, any User Content, your connection to our Services, your violation of these Terms, or your violation of any rights of another. We will use reasonable efforts to notify you of any such claim, suit, or proceeding which is subject to this indemnification.
Plume reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Plume’s defense of such matter. You may not settle or compromise any claim against the Plume Parties without Plume’s prior written consent.
You expressly agree that you assume all risks in connection with your access and use of our Services, including your interaction with the Protocol. Further, you expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of our Services, including your interaction with the Interface or the Protocol. If you are dissatisfied with our Services, you agree that your sole and exclusive remedy shall be discontinuing your use of our Services.
8. CALIFORNIA USERS AND RESIDENTS
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.” If you are a resident of another jurisdiction, you hereby waive any comparable statute or doctrine. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
9. ENTIRE AGREEMENT AND SEVERABILITY
These Terms (together with the terms incorporated by reference herein) constitute the entire agreement between you and Plume governing your access and use of our Services and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms), between you and Plume. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software.
If any provision of these Terms is determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
10. GOVERNING LAW
These Terms will be governed by the laws of the Cayman Islands without regard to its conflict of law provisions. Additionally, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the use of our Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Plume’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Note, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11. DISPUTE RESOLUTION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Plume and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
You and Plume agree that any dispute arising out of or related to these Terms (or our Services) is personal to you and Plume and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms and our Services, including claims related to privacy and data security resolved in court. Further, you hereby waive all rights to participate in any class action lawsuit or class wide arbitration against Plume. Instead, any dispute arising out of or related to these Terms, as well as any issue on its validity and existence, shall be referred to and finally resolved by arbitration administered by the Cayman International Mediation and Arbitration Centre (CI-MAC) in accordance with the CI-MAC Rules for the time being in force. The seat of the arbitration shall be the Cayman Islands. The Tribunal shall consist of one (1) arbitrator, appointed by Plume. The language of the arbitration shall be English.
12. ASSIGNMENT
We reserve the right to assign our rights without restriction, including without limitation to any Plume affiliates or subsidiaries, or to any successor in interest of any business associated with the service. In the event that Plume is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under these terms. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
13. FORCE MAJEURE
We will not be liable or in default hereunder by reason of any failure or delay in the performance of its obligations or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, interruption in telecommunications or internet services or network provider services, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
14. MISCELLANEOUS
The section titles in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
Notices to you may be made via either email or regular mail. Our Services may also provide notice to you of changes to these Terms or other matters by displaying notices or links to notices on our Services.
These Terms shall be exclusively interpreted in accordance with the English language and the meaning of its terms. Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.
Not all Services discussed or references on this Site or these Terms are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate in promotions made available through our Services. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
15. DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on our Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Plume Foundation
c/o MetaBase58 Cayman Limited of 71 Fort Street, PO Box 10035, George Town, Grand Cayman KY1-1001, Cayman Islands
16. CONTACT US
Please contact us at legal@plumenetwork.xyz to report any violations of these Terms or to pose any questions regarding these Terms or our Services.
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