Last Modification: Dec 12, 2006
1. General Provisions
Welcome to PL8SCAN�, the online interactive service owned and operated by PL8SCAN�, Inc., ("Company"). Access to the online service is through the Internet address �http://www.PL8SCAN.com/�, (�Website�) and also by text messaging by the use of the short code 75863 (or �PL8ME�) on a text messaging enabled communication device. The online service, whether accessed online by computer or by text messaging or both, is referred to as the �Service�. By using the Service, including but not limited to the sending and receiving of text messages, you ("User") agree to be bound by and abide by the terms and conditions of this Terms of Use Agreement ("Agreement") whether or not you register as a member ("Member") of the Service.
This Agreement sets out the legally binding terms of your use of the Service and may be modified by the Company from time to time. Modifications to the Agreement become effective upon posting to the PL8SCAN� Website. No notice of posting to the Website will be sent to Users. A modification date is included in the top of this Agreement. If after reading this Agreement you do not understand any part of it you we recommend that you contact an attorney for help.
This Agreement includes the Company�s Acceptable Use Policy and the Company's Privacy Policy. You may also obtain a copy of this Agreement by emailing the Company at: PL8-Terms@PL8SCAN.com, Subject: Terms of Use Agreement.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT AND ARE NOT ABLE TO GET THE HELP OF AN ATTORNEY YOU AGREE THAT YOU WILL NOT USE THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE PL8SCAN� TEXT MESSAGING CAPABILITY.
2. Service Purpose, Functionality and Fees
The primary purpose of the Service is to provide an interactive computer service in which Users may create and view messages that are addressed to vehicle license plates. Messages addressed to a vehicle license plate are called Posts. Posts can be created on the Website or by text messaging and are stored in a database on the Website. Any other User can find any Post by searching the Website using the license plate the Post was addressed to. This search is called a Scan. Scans are recorded in the database as well as Posts.
Users who are also Members of PL8SCAN� create a username and an internal PL8SCAN� mailbox called a PL8Box. When a Member creates a Post on the Website the Post may have the Members� username associated with it. When other Members Scan a license plate and find Posts they can send a message to the Member who created that Post by addressing the message to the other Members� username if available. Messages sent this way go to the other Members� PL8Box, not to an Internet email address, and will contain the sender�s username. This allows the message receiver to reply using the same process. A PL8Box is only accessible on the PL8SCAN� Website.
When Users Scan a license plate on the Website a list is provided to the Scanner showing previous Posts for that license plate. This list will include the username of the User that created the Post if available.
Some Memberships allow the Member to receive a notice from PL8SCAN� whenever a Post is created for license plates that the User specifies. These notices may be sent by PL8SCAN� by email to the Internet email address provided to us by the Member or by text message to the mobile phone number we have on file for the Member or both.
Some text messages sent and received by Members through PL8SCAN�, including Posts, notices of Posts that a Member elects to receive, replies to and private communications with other PL8SCAN� Users are billable. PL8SCAN� charges Members a fee for each billable text message they send or receive. Other types of text messages sent through PL8SCAN� may become billable in the future. Prior to charging fees for other types of text messages PL8SCAN� will notify Members and give them the option to opt out. Text message fees are implemented by deducting one from the remaining balance of a Members� text message balance for each billable text message sent or received by the Member.
ALL FEES CHARGED BY PL8SCAN� ARE IN ADDITION TO NORMAL CARRIER CHARGES FOR TEXT MESSAGING. WHENEVER A TEXT MESSAGE IS SENT OR RECEIVED, TO OR FROM PL8SCAN�, NORMAL CARRIER CHARGES APPLY WHETHER OR NOT WE DEDUCT FROM YOUR PL8SCAN� TEXT MESSAGE BALANCE.
All of the User created information described above, including Posts (whether created online or by text message), Scans, and PL8Box messages is hereafter referred to as �Content�.
3. Eligibility
YOU MUST BE THIRTEEN (13) YEARS OLD OR OLDER TO USE THE SERVICE.
Membership is void where prohibited. By using the Service you represent and warrant that you have the right, authority and capacity to enter into this Agreement and abide by all of the terms and conditions of the Agreement. This Agreement will remain in effect while you use the Service. You may terminate your membership at any time for any reason. The instructions to terminate your membership are located at the �My Account� section of the Website. The Company may terminate your membership at any time for any reason. Termination by the Company becomes effective upon delivery of a notice of termination to the email address you provided in the join process or as modified by you at a later date. If the Company terminates your membership because you have breached this Agreement you will not be entitled to a refund of unused fees.
Any unauthorized use of the Service, including attempts to gather data from the Service by any means other than as provided by publicly advertised features of the Service, and including violation of the prohibited Content restrictions described in Section 7 of this Agreement, will be investigated, and may expose the User to both civil and criminal liability.
4. Users 13 to 17 Years Old
If you are 13 through 17 years old you agree that before using the Service you will tell your parent(s) or legal guardian(s) that you are using the Service and give them the Internet address of the Website which is "http://www.PL8SCAN.com/" and tell them about the capability to access the Service by use of text messaging and that there are fees charged for text messaging.
5. Membership Accounts and Profiles
Membership requires that you create an account containing, at a minimum a unique username, a password and a valid email address. In order to use the text messaging capability of the Service you will also be required to provide a valid mobile phone number. Both your email address and mobile phone number will require confirmation. Other information may be requested. The information you provide makes up your profile. Your username is visible to any PL8SCAN� Users. You choose how much of your profile is to be visible to other Users. None of the information you provide to PL8SCAN� is provided to any parties outside the Company except as noted in our Privacy Policy. See the Company Privacy Policy for more information.
6. Service Content
The Service is an interactive computer service that enables Users to communicate with one another. The Company does not create or publish the Content created by Users on the Service.
POSTS AND SCANS, INCLUDING THOSE DONE BY TEXT MESSAGING ARE PUBLIC, NOT PRIVATE communications between Users and, unless marked �anonymous� by the author, will be associated with the username of the author. Text messages cannot be marked anonymous. All Posts can be seen by anyone using the Service and the Company may send notices of any Posts to any User by email or by text message or both.
By Posting a message (including Posts by text messaging) you agree that the public may view the contents of that Post and that the Company may send notice of that Post to any and all Users, including notice by email or text message or both. You further agree that you are solely responsible for the content of any and all Posts and/or messages created by you.
The Company does not have any information about vehicle registration or ownership nor does it ask Users for any information regarding what, if any, license plates they may be legally associated with. THE COMPANY HAS NO WAY OF KNOWING WHAT LICENSE PLATE(S), IF ANY, A USER IS THE REGISTERED OWNER OF. LICENSE PLATES ENTERED BY USERS IN A PROFILE AND/OR BUDDYLIST ARE NOT NECESSARILY LEGALLY ASSOCIATED WITH THAT USER. The Company does not review the license plates entered in User profiles and/or BuddyLists and more than one User can use the same license plate in their profile. None of the Content on the Service is provided by, supplemented by, compared to or in any way verified by any government, municipal or any other independent records, information or database, public, private or otherwise.
THE COMPANY CANNOT AND DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY POSTED MESSAGE WILL BE SEEN BY, OR NOTICE THEREOF RECEIVED BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, THE OWNER(S) AND/OR OCCUPANT(S) OF THE VEHICLE ASSOCIATED WITH THE LICENSE PLATE USED FOR THE POST.
NO POSTS WILL BE SENT BY PL8SCAN� BY TEXT MESSAGE TO ANY PERSON WHO IS NOT A REGISTERED MEMBER OF PL8SCAN�.
The Content of the Service should be considered no more reliable or factual than that of an unmoderated public open discussion forum. The Company expressly disclaims any warranty of fitness of any Content for a particular purpose. It is your responsibility to verify the truthfulness, accuracy and reliability of the Content of the Service.
The Content created by Users of the Service reflects the views and opinions of the author(s) only and does not reflect the views and opinions of the Company, its subsidiaries, affiliates, directors, officers, agents, shareholders and other partners and employees.
You agree to provide truthful and factual information in all Content created on the Service and in all correspondence with the Company. All User Content by others on the Service is provided to you AS IS. The Company cannot and does not represent, warrant or guarantee the truthfulness, validity, accuracy or reliability of any Content provided by Users. You agree to use the Service Content AT YOUR OWN RISK.
It is the policy of the Company to not screen, edit or review any Posts or other Content created by Users, however, it reserves the right to review any and all Content provided by Users and, at its sole discretion, delete or edit such Content that it deems in conflict with this Agreement. The Company shall not, in any circumstance, be obligated or bound to conduct a review of any Content for any purpose except as required by law.
IN THE EVENT THAT YOU PROVIDE INFORMATION, INCLUDING PERSONALLY IDENTIFYING INFORMATION IN ANY MESSAGE TO ANY OTHER USER BY MEANS OF THE WEBSITE OR BY TEXT MESSAGING YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF THAT MESSAGE AND THAT THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS AND OTHER PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES (ACTUAL, CONSEQUNETIAL, INCIDENTAL, OR PUNITIVE), LOSS, CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEYS FEES ARISING FROM THAT MESSAGE.
If you close your account any Content you created previously, including Posts, Scans and PL8Box message will remain in our database associated with your username and will be accessible in the same manner as Content for an account that has not been closed.
7. Prohibited Content
The following is a non-exclusive list of the kind of Content that is illegal or prohibited on the Service. The Company reserves the right, in its sole discretion, to investigate and take legal action against anyone who violates this provision, including without limitation, terminating the Membership of the violator and/or deleting all Content created by the violator. The list includes, but is not limited to, Content that:
- is commonly offensive such as Content that promotes violence, racism or hatred;
- harasses or advocates harassment of any person;
- involves or advocates the sending of junk email or spamming;
- is false or misleading;
- solicits, promotes or advocates illegal activity;
- is abusive, threatening, libelous, defamatory, offensive or obscene;
- contains personal or private information not authorized for public release;
- contains material that exploits persons under the age of eighteen; or
- solicits personally identifying information from persons under the age of eighteen;
Any Content that violates this Agreement should be reported by email to PL8-Abuse@PL8SCAN.com.
8. Service and Content Availability
The Company makes every effort to ensure continuous availability of the Service but does not represent, warrant or guarantee that the Service will be available at all or at any times. The Service will occasionally undergo maintenance that will require periods of time that it is not available for use. In the event that the Company, at its sole discretion, determines that the Service should be temporarily or permanently removed from service it may do so at any time without notice. The Company shall determine, at its sole discretion, the length of time that any Content shall remain on the Service and may delete Content at any time based solely on its age. The Company shall not be liable for any damages including incidental, consequential or punitive, arising from the inability of Users to use the site or to access specific Content.
9. Driving Safety
Your safety while driving is very important to us. While the Company is inviting drivers to communicate by text message we strongly recommend that it not be done while operating any type of vehicle. The following are some options available for drivers to communicate without operating a vehicle at the same time:
- Text message only while your vehicle is safely and legally parked.
- Have a passenger in your vehicle operate your mobile communication device
WARNING - OPERATION OF A MOBILE COMMUNICATION DEVICE SUCH AS A CELL PHONE OR PDA, WHETHER FOR VOICE OR TEXT MESSAGE COMMUNICATION, WHILE OPERATING A VEHICLE OF ANY KIND CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH TO YOURSELF OR OTHERS.
THE COMPANY STRONGLY RECOMMENDS THAT YOU DO NOT OPERATE A MOBILE COMMUNICATION DEVICE WHILE USING THE SERVICE, INCLUDING BUT NOT LIMITED TO CREATING, SENDING OR VIEWING TEXT MESSAGES, WHILE OPERATING A VEHICLE OF ANY KIND INCLUDING BUT NOT LIMITED TO CARS, TRUCKS, MOTORCYCLES AND BICYCLES.
YOU AGREE THAT AT ANY AND ALL TIMES THAT YOU USE THE SERVICE YOU WILL COMPLY WITH ALL APPLICABLE LAWS REGARDING THE USE OF A MOBILE COMMUNICATION DEVICE, INCLUDING BUT NOT LIMITED TO CELL PHONES AND PDA'S, WHILE OPERATING A VEHICLE.
YOU AGREE THAT THE COMPANY, WHILE INVITING DRIVERS TO COMMUNICATE BY TEXT MESSAGE, IS NOT SUGGESTING OR ENCOURAGING THAT IT BE DONE WHILE OPERATING A VEHICLE AND THAT YOU UNDERSTAND THE COMPANY'S STRONG RECOMMENDATION NOT TO DO SO WHILE OPERATING ANY KIND OF VEHICLE AND THAT THERE ARE OPTIONS FOR COMMUNICATING BY TEXT MESSAGE OTHER THAN WHILE OPERATING A VEHICLE.
10. Privacy
The Company Privacy Policy is incorporated herein. To see the Privacy Policy go to the "About" page for further information.
11. Copyrights, Trademarks and Proprietary Rights
The Company owns and retains all proprietary rights in the Service. The Website contains the copyrighted material, trademarks and other proprietary information of the Company, and it's licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
12. Disputes
If there is any dispute about or involving the Service, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Arizona. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, which cannot first be settled amicably and satisfactorily between the Parties, shall be settled in Tucson, Arizona by arbitration in the English language in accordance with the Rules of the American Arbitration Association. The Appointing Authority shall be the American Arbitration Association. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The Arbitrator(s) award may include compensatory damages against either Party and shall be limited by the provisions of the Membership Agreement. Under no circumstances will the Arbitrator(s) be authorized to, nor shall they award punitive damages or multiple damages against either Party. The Arbitrators shall have the authority but not the obligation to award the costs of arbitration and reasonable attorney's fees to the prevailing Party; however, if the Arbitrators do not award such costs and fees, each Party will be responsible for its costs incurred in arbitration except that the costs and fees imposed by the Arbitrators for their expenses shall be borne equally by the Parties.
13. Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
14. Limitation of Liability
Except in jurisdictions where such provisions are restricted, in no event will the Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Service, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company during the term of membership.
15. Indemnification
You agree to indemnify and hold the Company, its subsidiaries, affiliates, directors, officers, agents, shareholders and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. Release
You agree to release the Company, its subsidiaries, affiliates, directors, officers, agents, shareholders and other partners and employees, from any and all liabilities, claims and causes of action due to or arising out of your use of the Service in violation of this Agreement.
Terms of Use