Terms of Service
Plumose, owned and operated by Plumose Inc. (“Plumose” “we” or “us”) provides reading subscription service that allows members to access short stories (“Plumose content”) online and on mobile phone apps.
Plumose services are only available for people 14 years old and over. If user is discovered to be under 14 years of age, the account will be terminated. Younger individuals may only use the service under the supervision of an adult.
Access to the Site requires the creation of an account and agreement to pay the monthly subscription fee of $8.99 (or $99.99 annually) for unlimited access to Plumose account.
User is responsible for all the activity on their account, and for keeping their password confidential. If the account information is shared with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. Plumose will not have any liability user (or anyone the user shares their account information with) because of their actions under those circumstances. If the user believes that someone is using their account without their permission, please report it at firstname.lastname@example.org.
Your Plumose membership will continue until terminated. To use the Plumose service, you must have Internet access and/or mobile phone ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless membership is cancelled before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
From time to time, Plumose may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Plumose membership by visiting our website and clicking on the "Account" link available at the top of the pages of the Plumose website under your profile name.
Your Plumose membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members and certain former members to try the service.
Free trial eligibility is determined by Plumose at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Plumose membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Plumose membership to determine eligibility. For combinations with other offers, restrictions may apply.
We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
BILLING AND CANCELLATION
Billing Cycle. The membership fee for the Plumose service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing Details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Payment Methods. To use the Plumose service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Plumose membership at any time, and you will continue to have access to the Plumose service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods or unread Plumose content.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
The Plumose service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond yourself. During your Plumose membership we grant you a limited, non-exclusive, non-transferable right to access the Plumose service and view Plumose content. Except for the foregoing, no right, title or interest shall be transferred to you.
Some Plumose content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.
Plumose software is developed by, or for, Plumose and is designed to enable reading of Plumose content through Plumose ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Plumose and related third-party software.
Unsolicited Materials. Plumose does not accept unsolicited materials or ideas for Plumose content and is not responsible for the similarity of any of its content or programming in any content to materials or ideas transmitted to Plumose.
Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
OUR RIGHTS IN THE SERVICES
Plumose reserves all rights in the Sites’ and the Services look and feel, and in our content. Users may not copy or adapt any portion of the code or visual design elements (including logos) without express written permission from Plumose or as set out in this clause. Please do not use the Plumose logo or trademarks in any way that might suggest Plumose endorses a particular product or service, or user have a business relationship with Plumose.
Please do not alter, stretch, condense, embellish, add sparkles to, or otherwise change our logo in any way.
Plumose may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. Plumose can remove any content or submission for any reason. Plumose may access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Services, its users and the public.
CODE OF CONDUCT
Please review the Plumose Code of Conduct (which is part of these Terms of Service), which is designed to ensure understanding and compliance with Plumose’s policy. Without restricting what is in the Code of Conduct, do not do any of these things on the Services:
The user may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty they have towards others.
The user may not distribute software viruses, coding, programs designed to interfere with the function of any software, hardware, or equipment on the Site and of others.
The user may not reproduce, translate, distribute, or otherwise create derivative works of any content not posted by the user, themselves.
The user may not use usernames and/or make comments publicly or on the platform, that infringe upon the rights of the author and Plumose, including fundamental human rights and rights to safety and inclusion.
Should any of these clauses be broken, the user’s account will be terminated by Plumose.
DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
No warranty. User use of our Services and any content is solely at user own risk and discretion. They are provided to user “as is” and “as available”. Plumose specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, security, title or non-infringement, and any warranties implied by any course of dealing or performance.
Responsibility for Content. All content, whether public or privately transmitted, is the sole responsibility of the person who originated such content. Plumose does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. User understands that by using the Services, user may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Release. When user use the Services, user release Plumose from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.
Plumose’s liability to user. Plumose will not be liable to user for any damages that arise from user use of, or in connection with, the Services and any content. This exclusion includes: (a) where the Services are hacked or unavailable, (b) all types of damages (direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort (including negligence), breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the Site or the Services. In no event shall Plumose’s liability for damages be in excess of (in the aggregate) one hundred Canadian dollars ($100.00).
User liability to Plumose. If user is liable for legal proceedings that involves Plumose, or break any of the promises user make in these Terms of Service, user shall compensate us for any liabilities, losses, claims, and expenses (including reasonable legal fees and costs) that arise from or relate to user use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this clause, in which case user agree that user will cooperate and help us in asserting any defenses.
Third party websites. The Site and Services may contain links to other websites; for instance, stories, user profiles, and other posts may link to other sites. When user access third-party websites, user do so at user own risk. We do not control or endorse those sites.
Changes. Our Terms of Service may change from time to time. If they do, we will let user know about any material changes, either by notifying user on the Site or by sending user an email. Please note that user continued use of the Services after any change means that user agree with, and consent to be bound by, the new Terms of Service. If user disagree with any changes in the Terms of Service and do not wish to be subject to the revised terms, user will need to close user account and/or stop using the Services.
Entire agreement. These Terms of Service (including any document incorporated by reference into them) are the whole agreement between Plumose and user concerning the Services, and these Terms of Service supersede and replace any prior agreements between Plumose and user regarding the Services.
No waiver and severability. If Plumose does not exercise or enforce a particular right or provision under these Terms of Service, that does not mean that it has waived that right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Choice of law and jurisdiction. Plumose encourages users to contact us if a user is having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada that apply in Ontario, without regard to principles of conflicts of laws. User agree that any dispute or claim arising out of or in connection with these Terms of Service will take place in the courts of the Province of Ontario.
Assignment. These Terms of Service are personal to user. User cannot assign them, transfer them, or sublicense them unless user gets explicit and prior written consent from Plumose. Plumose has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without notice and without user consent.