Plover Terms of Use

# Plover Terms of Use Below are legally binding useage terms that must be abided by at all times, when using plover products. *Last Updated 2/24/2023 --- # **INTERPRETATION** The words with the *initial letter* capitalized have meanings defined under the following definitions. The following definitions shall have the seam meaning regardless of wheter they appear in the singular or plural. # **Definitions** For the purpose of these Terms of Use: * **You** means the individual accessing or using our service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. * **Company** (referred to as either "The Company", "We", "Us" or "Our" in this Agreement) refers to Plover. * **Affiliate** means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. * **Account** means a unique account created for You to access our Service or parts of our Service. * **Service** refers to the website. * **Service Provider** means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. * **Country** refers to Scraton, Pennsylvania. * **Third-party Social Media Service** refers to any website or any social network website through which a User can log in or create an account to use the Service. * **Personal Data** is any information that relates to an identified or identifiable individual. * **Usage Data** refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself. # **Personal Data** While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: * Roblox username, id and character. * Discord username, tag, id and profile image. * Email address. * Usage Data. # **Usage Data.** Usage Data is collected automatically when using the Service. * Usage Data may include information such as Your * Device's Internet Protocol address (e.g. IP address) * browser type * browser version * the pages of our Service that You visit * the time and date of Your visit * the time spent on those pages * unique device identifiers * And other diagnostic data. ***This is specifically reserved for Plover Website useage*** When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to; * the type of mobile device You use * Your mobile device unique ID * the IP address of Your mobile device * Your mobile operating system, the type of mobile Internet browser You use * unique device identifiers * and other diagnostic data. ***We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.*** # **Use of Your Personal Data** The Company may use Personal Data for the following purposes: * To provide and maintain our Service, including to monitor the usage of our Service. * To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. * For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service. * To contact You: * To contact You by email, * telephone calls, * SMS, * or other equivalent forms of electronic communication, such as: * a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. * To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. * To manage Your requests: To attend and manage Your requests to Us. * We may share personal information in the following situations: * With Service Providers: * We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You. * For Business transfers: * We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company. * With Affiliates: * We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. * With Business partners: * We may share Your information with Our business partners to offer You certain products, services or promotions. * With other users: * when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile. # **Retention of Your Personal Data.** The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. # **Transfer of Your Personal Data.** Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. # **Disclosure of Your Personal Data.** * Buisness Transactions * If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Policy. * Law Enforcement * Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). * Other Legal Requirements * The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: * Comply with a legal obligation * Protect and defend the rights or property of the Company * Prevent or investigate possible wrongdoing in connection with the Service * Protect the personal safety of Users of the Service or the public * Protect against legal liability # **Security of Your Personal Data** The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. # **Childrens Privacy** Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. --- # **Ownership of Service and Your Use** This Agreement (the “Agreement”) applies to the Plover Discord with the ID of 729154353650466900; and all affiliated sites linked to Plover, or any of their subsidiaries and affiliates, including Websites, and Discord Servers (collectively, the “Service”). The Site and Discord Server is solely property of Plover. **BY USING THE SERVICE, YOU AGREE TO THIS SERVICE AGREEMENT; IF YOU DO NOT AGREE, DO NOT USE THIS SERVICE.** Plover reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you (the “User”) comply with this Service Agreement, Plover grants you a personal, non-exclusive, non-transferable,limited privilege to enter and use the Service. --- # **Discord Rules** **Do not organize, participate in, or encourage harassment of others.** Disagreements happen and are normal, but continuous, repetitive, or severe negative comments may cross the line into harassment and are not okay. This includes indirect threats, as well as sharing or threatening to share someone’s private personal information (also known as doxxing). **Do not talk badly about others in chatrooms or try to bypass our filters with slurs that may be considered derogatory to a group of people or minority.** It’s unacceptable to attack a person or a community based on attributes such as their race,ethnicity, national origin,sex, gender, sexual orientation, religious affiliation, or disabilities. **Do not evade user blocks or server bans.** Especially after they’ve made it clear they don’t want to talk to you anymore, or attempt to bribe, or use alternative accounts to bypass a server ban or moderation action. **Do not send others viruses or malware, attempt to phish others, hack them or DDoS them.** Files in Plover that contain obfuscated code, game cheats, a “virus” or exploits may be removed for the security of our community. The Company reserves the discretion to report this action to Law Enforcment. **(See Disclosure of Your Personal Data)** **You may not sexualize minors in any way**. This includes sharing content or links which depict minors in a pornographic, sexually suggestive, or violent manner, and includes illustrated or digitally altered pornography that depicts minors (such as maps, lolicon,shotacon, or cub). We report illegal content to Discord, and Local Law Enforcement **(See Disclosure of Your Personal Data)** **You may not share sexually explicit content of other people without their consent**, or share or promote sharing of non-consensual intimate imagery (also known as revenge porn) in an attempt to shame or degrade someone. The Company holds soul discretion to report this to Local Law Enforcement. **(See Disclosure of Your Personal Data)** **You may not share content that glorifies or promotes suicide or self-harm**,including any encouragement to others to cut themselves, or embrace eating disorders such as anorexia or bulimia or any other way to self injure. The company holds soul discretion to report this to Local Law Enforcement. **(See Disclosure of Your Personal Data)** **You may not share images of sadistic gore or animal cruelty.** This includes media that depicts animals being abused, raped, or assaulted. Do not share or post graphic images for sadistic pleasure, glorification or celebration of violence. The company holds soul discretion to report this to Local Law Enforcement. **(See Disclosure of Your Personal Data)** **Do not mess up counting in #counting on purpose.** This could include messing up with random numbers multiple times. **Do not Advertise in the Discord server. This includes advertising in DMs and tickets.** Advertising in the Marketplace category is ok as long as the specific rules for it are followed. Sending invites to servers not affiliated with Plover in a club is not allowed unless the club is made with the indent to be an advertisement and disclosed during the process of creation. The Company reserves soul discretion to report this to Discord Trust and Safety. **Do not send spam pings/messages to roles or users.** We also do not allow spamming the chat in any way for any reason, or asking for free Nitro/Robux. You may be blocked from participating in giveaways if you are found spamming. **Do not join the Plover Discord if you are under 13 years of age.** Staff members may challenge you to verify your identity via student dentification card without your last name,school, and other identifiable information present if reported. *Staff also reserve the right to request any other form of age verification* **Do not spread methods on how to obtain leaked Plover models**, the files to Plover models,or any links/servers that may contain leaked Plover models. This includes our competitors models. **Alternative Accounts will be banned.** Alternative accounts can become a security threat and will be considered ban evasion. Accounts deemed to be an alternative account will be swiftly banned with no notice to the user unless the account has Nitro, the account can successfully verify with the server, it has joined at least 3 other non-disclosed Roblox related Discord servers, or has similar friends to the moderator/is know by them. **Follow the Discord and Roblox community guidelines.** Any violations will get you banned and will be reported to the Third Party Provider who’s guidelines were not followed. ***Violation of any of these rules can result in termination of use, and service.*** --- # **Game and Offsite Regulations** **Do not purchase, download, or save any models or links that contain the Service’s products**. Plover is dedicated to keeping prices low and developer creativity high. Sharing leaked models can hurt the service or cause developers to loose interest in the creation of innovative new “tech”. Receiving models from anywhere but the Services Discord Giveaway, Plover Plus membership, or buying them from the Product hub is a federal crime and can result in legal repercussions to you where applicable by law. *Please Note: If you received illegitimate Plover products and did not know, you can contact us and we will make it right. You won’t be in trouble!* **Do not use exploits in Plover owned games.** This includes any scripts that must be injected into the Roblox client using Synapse X, Script-Ware, SirHut, and any other executors. Also note client modifications are not allowed, this can include shaders, and modifications not meant to place steal. **Do not attempt to overthrow any high ranks or incite any “protests” or “revolutions”.** We get it, you might not agree with some decisions our team leads have made or a change to a service. We understand our decisions may hinder your support towards the service,so we encourage that all inquires are brought to a ticket. --- # **Copyright Policy** * Intellectual Property Infringement * We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. * If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at kacirockefellerrbx@gmail.com and include in Your notice a detailed description of the alleged infringement. * You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. * DMCA Notice and DMCA Procedure for Copyright Infringement Claims * You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest. * A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. * Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. * Your address, telephone number, and email address. * A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. * A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. * You can contact our copyright agent via email at kacirockefellerrbx@gmail.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. * Intellectual Property * The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. * The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. * Our trademarks and trade dress may not be edited in connection with any product or service without the prior written consent of the Company. --- # **Limitation of Liability** Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. --- # **"AS IS" and "AS AVAILABLE" Disclaimer** The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. --- # **Disputes Resolution** If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. --- # **For European Union (EU) Users** If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. --- # **United States Federal Government End Use Provisions** If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101. --- # **United States Legal Compliance** You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. --- # **Governing Law** The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. --- # **Right to Inspection of Campus** * The Company holds soul right to inspect any campuses suspected of being in violation, whether probable cause is or is not present, and at any time may order a group owner to allow a Plover Legal Representative access to the Campus, this can be in game, in studio, or any other means deemed appropriate. --- # **Severability and Waiver** * Severability * If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. * Waiver * Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. * Translation Interpretation * These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. * Changes to These Terms and Conditions * We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. * By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. * Contact Us * If you have any questions about these Terms and Conditions, You can contact us: * By email: kacirockefellerrbx@gmail.com