Plural.ca Terms of Use

THIS AGREEMENT WAS LAST UPDATED ON MAY 30th, 2011

By signing up (registering a profile) on Plural you agree to all of the terms and conditions of this Agreement.

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after April 11th, 2010 you are agreeing to be bound by this Agreement, including all amendments made to date.

User Agreement

This Agreement constitutes your agreement with Plural.ca (herein referred to as "Plural") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Plural or any successor or division of Plural.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us at any given time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Adult

You represent, warrant and covenant that you are at least 18 years old.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

a.

you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

b.

you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos, or audio recordings which contain libelous, slanderous, abusive or defamatory statements, as well as racist, pornographic, obscene, or offensive language or images;

c.

you will not forward chain letters through the Service;

d.

you will not use the Service to infringe on the privacy rights, property rights, or any other rights of any person;

e.

you will not post messages, pictures, or recordings, or use the Service in any way which:

i.

violates, plagiarizes, or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or

ii.

is fraudulent or otherwise unlawful or violates any law

f.

you will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services;

g.

you will not use the Service to distribute or upload any type of virus, trojan horse, etc., or do anything else that might cause harm to the Service, to Plural's systems or to other members' systems in any way;

h.

you will not post or transmit in any manner any contact information including, but not limited to: email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.

Membership Categories

Any User who visits the Plural.ca website is simply considered a “Guest”, until their profile has been approved after registering on the website.  The profile approval process generally takes up to 48 hours.  If a person’s profile has been rejected after review then it will simply be deleted, and the person must then re-register providing acceptable data.  Any User who logs into the website with their email address and password before their profile has been approved is also considered a “Guest”.  A Validated User of the Service (ie. a person with an approved profile who has logged into the website with their email address and password) is considered a “Member”.  Any Member can access ALL features of the Service free of charge.

Fees and Payments

a.

Members of the Service are not required to pay any fees and can use all of the features of the Service for free. There is an optional 'Account Upgrade' fee which is a one-time payment. The only section of the website that requires payment is the “Speed-Dating” section, which is completely separate from all other sections of the website.

b.

Members can choose to upgrade their account to “Paid Member” status by completing an online Paypal transaction via the “UPGRADE NOW” button on the Main page of the website. Upgrading to “Paid Member” status will result in the Member's profile always showing up BEFORE Regular Members in all Search Results as well as removes ads from that Member's detailed profile page. The member's account will be upgraded within 24 hrs of confirmation of payment received. The fee for upgrading a Member account to “Paid Member” status is $30. In addition to paying the published price for Credits, the purchaser is responsible for paying all applicable taxes in connection with the purchase of an account upgrade or service (ie. Speed-Dating). We reserve the right to change our pricing policy at any time, at our sole discretion. We also reserve the right to change the method or manner in which we charge members to upgrade their account or for Speed-Dating, or the method of payment which is acceptable to us, at our sole discretion.

c.

THE PURCHASE OF ACCOUNT UPGRADES OR SERVICES IS NON-REFUNDABLE. Services can only be used by the Member who has purchased the service, and by no one else. The cost of upgrading a Member account to “Paid Member” status is not refundable under any circumstance.

d.

You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We reserve the right to change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site, at any time. You also are responsible for any fees or charges incurred to access the Service through an Internet Service Provider or other third party service, including but not limited to telephone charges. PLURAL.CA (AND ITS OWNER) IS *NOT* RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

Privacy and Use of Information

By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you a User ID (email address) that has been suspected of being associated with any type of criminal activity.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video, and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set forth above, as well as any ignorance of any applicable content guidelines or anthing else that is considered unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video, and audio recordings and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners, or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy, or distribute any such information in any manner whatsoever without having first received the expressed permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service from other people logging into your account using your User ID and password, including but not limited to use of your User ID and/or password by any third party.

Safety

Plural always encourages and recommends that all members and users of the Service make safety their first priority when meeting with, and engaging in any type of activities with, other members and/or users.

External Links

The Service may from time to time contain links to other Internet sites and resources, known as "External Links". You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the Terms of Use and Privacy Statement of such External Links prior to use of them.

Indemnity

You agree to indemnify us (our officers, directors, employees and agents) from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully and as reasonably as required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you remain liable for any such claim.

Liability

Plural is not liable for any discrepancies and/or errors in online purchases when buying services/account upgrades, as the online payment service is all outsourced to a third-party payment service which resides on a completely separate server.  Plural is also not liable for any fraudulent payment activity that may occur when purchasing services/account upgrades online using a credit card.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by us, our partners, any user of the Service, or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement, or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by Plural or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Advice Columnists

The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issues.

Modifications

We reserve the right to modify this Agreement at any time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Plural-related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement

Governing Law

This Agreement is entered into in Canada. You agree that it will be governed by the laws of the Provinces of Ontario as well as Federal Canadian law, and any disputes arising out of this Agreement will be subject to the provincial and/or federal courts. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCES OF CANADA.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Plural has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Plural, if Plural's obligations hereunder are assumed by a third party, Plural shall be relieved of any and all liability under this Agreement.