Terms of Service
Plalker.org – A website by Plalker Community Action Group
Welcome to Plalker.org, owned and operated by Plalker Community Action Group. Our objective is to provide you with comprehensive information and facilitate your participation in community clean-up events organized through our platform. By accessing and using this website, you agree to comply with and be bound by the following terms and conditions, which govern Plalker Community Action Group’s relationship with you in connection to this website. Please read these terms carefully. Your use of this website signifies your acceptance of these terms. If you do not agree with any part of these terms, please refrain from using our website.
1. ENFORCEABILITY OF TERMS OF USE
By accessing and using the Plalker.org website (the “Site”), you acknowledge and affirm that you have entered into these Terms of Use voluntarily and without any coercion. You further acknowledge that you have read, understood, and agreed to all the provisions contained within these Terms of Use. In the event of any interpretation or ambiguity arising from these Terms of Use, such interpretation shall not be construed against us solely on the basis that we drafted these Terms of Use.
2. DISCLAIMER:
You acknowledge and agree that the Plalker.org website and its contents are provided on an “as is,” “as available” basis. We do not make any representations, endorsements, guarantees, or warranties, express or implied, regarding the website or its contents. Specifically, we hereby disclaim any warranties or representations regarding:
(I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS;
(II) COURSE OF DEALING, COURSE OF USAGE, OR COURSE OF PERFORMANCE;
(III) TIMELINESS, ACCURACY, RELIABILITY, OR CONTENT OF THE WEBSITE AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE UNDER THIS AGREEMENT.
It is important to note that the information provided on the website is not intended to provide legal, financial, accounting, tax, or other professional advice. You should not rely on the information on the website as professional advice. Any transactions executed on the website and the results obtained from using the information on the website are done at your own risk. We do not warrant the profitability of such transactions.
Please be aware that the content on the website is subject to change and may not always be up to date.
3. LIMITATION OF LIABILITY:
We shall not be held liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages (collectively referred to as “Damages”) arising out of your use or inability to use the Plalker.org website. This limitation of liability applies regardless of:
(A) Our negligence;
(B) Our gross negligence;
(C) Any failure of an essential purpose; and
(D) Whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
Even if we have been advised of the possibility of such damages, this limitation of liability remains in effect. In jurisdictions where the exclusion or limitation of liability for damages is not permitted, our liability is limited to the fullest extent permitted by law.
Please note that we are not responsible for, and we do not assume liability for any information, products, or services provided by other websites that may link to or from the Plalker.org website.
4. DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISKS BY YOU
4.1. We have no control over and do not guarantee the (i) quality, safety, success, accuracy, or legality of any event or Site Content associated with an event, (ii) accuracy of any information provided by Users (including Feedback and Consumers’ personal information shared with Organizers in connection with events), or (iii) ability of any User to complete a transaction.
4.2. We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Organizer chooses to assist with an event, or that you choose to use or contract with when using the Services.
4.3. By attending live plalking events that are organized through our platform, you acknowledge and accept that there may be inherent risks associated with such events. These risks may include but are not limited to illness, bodily injury, disability, or even death. By choosing to participate in these events, you voluntarily assume all such risks.
4.4. While many events on our platform are not hosted by Plalker Community Action Group, in the event that you choose to participate in an event hosted by Plalker Community Action Group, you explicitly assume all risks associated with your attendance. By attending an event hosted by Plalker Community Action Group, you waive any and all claims and causes of action against the Plalker Community Action Group Released Parties, the event organizers and presenters, as well as their insurers, for any liability arising from personal injury, property damage, or wrongful death connected to your attendance at the event.
It is important to understand and acknowledge these assumptions of risks before attending live events and participating in events hosted by Plalker Community Action Group. Please review these terms carefully, and if you do not agree, refrain from attending such events.
5. YOUR USE OF THE SITE:
5.1 Grant of Access:
We hereby grant you a non-exclusive, personal, and revocable right to access and use the Site in accordance with these terms of service.
5.2 Passwords:
You are solely responsible for maintaining the confidentiality of your password(s). Any actions or omissions made by a third party who accesses the Site using your password will be deemed as your own acts and omissions.
5.3 Changes to the Site and Features:
We reserve the right to make changes or discontinue any aspect or feature of the Site at any time. This includes but is not limited to, modifications to content, availability hours, and the necessary equipment required for access and use of the Site.
6. CHANGED TERMS:
We reserve the right to amend these Terms of Use at any time. Any amendments will be effective immediately upon notice on the Site. Your continued use of the Site after the notice constitutes your acceptance of the revised terms. Please be aware that access to certain premium site features may require payment of a fee and may be subject to additional agreements. We will provide you with these agreements for your review and approval before any charges are incurred.
7. EQUIPMENT:
You are responsible for obtaining, paying for, and maintaining all necessary software, hardware, and other equipment required to access and use the Site.
8. YOUR CONDUCT:
8.1 Lawful Purposes:
You are required to use the Site for lawful purposes only.
8.2 Intellectual Property:
The Site contains copyrighted material, trademarks, and other proprietary information. This includes text, software, photos, videos, graphics, music, and sound. We hold the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content granted or assigned to us. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, publicly distributing, publicly displaying, reproducing, publicly performing, or exploiting the Site content in any format without our prior written authorization. This includes the design, layout, look, appearance, and graphics. You acknowledge that downloading copyrighted material does not grant you any ownership rights.
8.3 Works and Material You Submit to the Site:
You are not allowed to upload, post, or make available on the Site any works or materials protected by copyright, trademark, or other proprietary rights without the express written permission of the owner. You are solely responsible for determining whether any works or materials are protected by such rights. You will be held liable for any damages resulting from copyright, trademark, or other proprietary rights infringement or any other harm arising from such submissions. By submitting works or materials to the Site, you automatically grant us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate, and distribute such materials (in whole or in part) worldwide. This license applies to any form, media, or technology now known or developed in the future. Additionally, you permit other Site users to access, view, store, or reproduce the works or materials, except as limited under applicable law and subject to any functionality on the Site allowing you to restrict access.
8.4 Unauthorized Access and Activities:
The Site is intended for authorized uses as described in these Terms of Use. Unauthorized activities that interfere or have the potential to interfere with our possessory interest in the Site are strictly prohibited. These unauthorized activities include, but are not limited to:
- Automated access, screen or data scraping, data acquisition, and consolidation
- Attempting to break security measures or actually breaking security of any computer network, including the Site itself
- Unauthorized relays through third-party systems
- Interfering with or denying service to any user or host on the Internet
- Engaging in unsolicited commercial email or adding addresses to mailing lists without permission
- Flood attacks or denial of service attacks that overload recipient computer systems
- Providing false data or fraudulent payment information
- Making the Site available as part of a “co-branded” or “private label” website or service without authorization
- Offering or providing access to the Site through other websites, web services, or Internet access services without proper arrangements or relationships.
8.5 You agree to use the Website in a responsible and respectful manner. You shall not engage in any behavior that is harmful, offensive, or unlawful, including but not limited to:
- Posting or sharing pornographic or explicit content;
- Engaging in bullying, harassment, or threats toward other users;
- Promoting or engaging in any illegal activities;
- Impersonating any person or entity;
- Uploading or transmitting viruses, malware, or any other malicious code.
Engaging in any of these unauthorized activities is strictly prohibited and may result in legal action.
9. MONITORING
We retain the right, although not the obligation, to monitor the content on the Site to ensure compliance with these Terms of Use, any other agreements between you and us, and any established operating rules. This monitoring may also be conducted to meet legal requirements, regulations, authorized government requests, or trade association guidelines. We reserve the right to edit, decline to publish, or remove any material that is submitted to or posted on the Site. Please be aware that any communication or material you post or transmit to the Site will be treated as non-confidential and non-proprietary. While we value your privacy, we maintain the authority to remove any material that violates these Terms of Use, may create potential liability for us, or is otherwise deemed objectionable.
10. TERMINATION AND SURVIVAL
These Terms of Use may be terminated by either party at any time. We reserve the right to terminate these Terms of Use immediately, as it pertains to you, by revoking your access to the Site. This termination can occur at our discretion, for any reason or no reason, or in the event of a breach of these Terms of Use by you. You have the option to terminate these Terms of Use by deleting your profile and discontinuing the use of the Site. However, if you choose to use the Site again in the future, you will be considered to have agreed to these Terms of Use once more.
11. TRADEMARKS
The trademark “Plalker.org” is owned by us, and all rights are reserved. Any other trademarks displayed on the Site belong to their respective owners. Your use of the Site does not grant you any rights, whatsoever, in our trademarks, service marks, or trade names.
12. NO ENDORSEMENT OF SITE CONTENT
We do not endorse and cannot be held responsible for the accuracy or reliability of any opinions, advice, or statements made on or off the Site by individuals other than our authorized employee spokespersons while acting in their official capacities. It is your responsibility to assess the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site or provided by a Site user. Please note that professional advice may be necessary to evaluate specific information, opinions, advice, or other content.
13. GENERAL
12.1 Entire Agreement and Amendments:
This Agreement constitutes the entire agreement between us and supersedes all previous and concurrent agreements pertaining to the subject matter herein.
12.2 Governing Law and Jurisdiction:
All claims arising from this Agreement are governed by and construed in accordance with the laws of Canada, applicable to contracts made and performed in this jurisdiction. Any disputes must be litigated in Canada, notwithstanding any forum inconvenience, except that we retain the right to seek temporary injunctive relief in any venue of our choice. The parties acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
12.3 No Waivers, Cumulative Remedies:
Our failure to enforce strict performance of any provision of this Agreement does not constitute a waiver of any rights under this Agreement. All remedies available to us under this Agreement, whether in law or equity, are cumulative and nonexclusive.
12.4 Severability:
If any portion of this Agreement is deemed unenforceable, the unenforceable portion will be interpreted to reflect our original intent as closely as possible, and the remaining provisions will remain in full force and effect. The unenforceable provision will still be enforceable in all other contexts and jurisdictions.
12.5 Notices:
All notices to us under this Agreement must be sent to hello@plalker.org.
12.6 Captions and Plural Terms:
All headings and captions are provided for convenience purposes only and should not be used in the interpretation or enforcement of this Agreement. Terms defined in the singular form also include the plural form, and vice versa.