Please read this ToU before using the Site and/or Service.
You must be at least 13 years of age to use the Site or Services
You are accessing the Site and/or Services at your own risk.
This agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement.
A. Your Content: You may be allowed to post content on the Service such as stories, photos, videos, and comments. Any content you post or display or make available is referred to as “User Content.” You own your content. However, by posting any personally-identifying details, this is your risk and you assume all responsibility. We do not require any personal data to be provided to use the Service.
B. PlatypusPlatypus’ Content: You own all of your User Content and you are responsible for any actions you take with it. By making your content available on the Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, modify, reproduce, display and distribute your User Content on the Service for the purposes of operating and providing the Service to you and our Users (“User Content License”). You also hereby grant to PlatypusPlatypus and to each User of the Service, a non-exclusive license to access, use, reproduce, distribute and display your User Content as permitted by the functionality of the Service. You understand and agree that the PlatypusPlatypus Service is available to the public, and other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service. PlatypusPlatypus assumes zero responsibility for any consequences of your actions.
C. Intellectual Property: Intellectual Property is defined as all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
D. Removal of Content: PlatypusPlatypus will attempt to monitor and uphold the rights of you and other Users of the Service. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the ToU.
E. Your Responsibility: You must only post content that does not violate any law nor infringe on any rights of any entity- including Intellectual Property Rights, copyrights, patents, or trademarks. We take no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PlatypusPlatypus shall not be liable for any damages you allege to incur as a result of User Content.
A. PlatypusPlatypus provides you a limited license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. We may terminate this license at any time for any reason or no reason.
B. Content: Except for User Content, all materials on the Service and the Service itself and all Intellectual Property Rights contained therein or related thereto, are the property of PlatypusPlatypus and/or its licensors (together “PlatypusPlatypus Content”). Except as expressly provided in this ToU, you may not sell, license, modify, copy, or otherwise exploit the PlatypusPlatypus Content without our permission.
A. You may use our Service if you agree to form a binding contract in compliance to this ToU and all applicable laws. Any use of the Service by anyone under 13 is prohibited.
B. The Service may be changed in any way without prior notice, including removal of content or features. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this ToU, or for no reason. Upon termination of your use of the Service, you continue to be bound by this ToU.
C. Your use of the Service means you agree to the entirety of this ToU.
D. You are using the Service at your own risk.
a. The Service contains links to other sites, advertisers, services, offers, or other entities that are not owned by PlatypusPlatypus. We do not endorse any of these sites and assume zero responsibility for your access to these sites and their products, services, content, or other materials. If you access another site through our Service, you do so at your own risk. We take no responsibility for your actions. You expressly relieve PlatypusPlatypus from all liability from your use of links on our Service.
You agree to defend, indemnify and hold harmless PlatypusPlatypus and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PLATYPUSPLATYPUS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
PLATYPUSPLATYPUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATYPUSPLATYPUS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PLATYPUSPLATYPUS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. PLATYPUSPLATYPUS MAKES NO GUARANTEE FOR ANY CONTENT ON THE SERVICE. ACCURACY, TRUTHFULNESS, AND OTHER FACTS ARE NOT GUARANTEED TO BE NON-FICTION IN ANY MANNER. THE CONTENT IS PROVIDED AS IS. NO LIABILITY IS TAKEN FOR YOUR USE AND CONSEQUENCES OF THE SERVICE. NO GUARANTEES ARE MADE OF ANY KIND FOR ANY REASON. YOU USE THE SERVICE AND SITE AT YOUR OWN RISK.
VIII. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PLATYPUSPLATYPUS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL PLATYPUSPLATYPUS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PlatypusPlatypus ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PLATYPUSPLATYPUS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OWNERS, PROVIDERS, PROPRIETORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE UNITED STATES DOLLAR ($1 USD).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PLATYPUSPLATYPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
By using the Site or Services, you agree that we are not responsible or liable for damages, loss, or consequence of any kind of any nature that resulted from your interaction with third-parties, individuals, content, or any other feature, functionality, audio, text, charts, tables, videos, visuals, content, URLs, or any other media available on our Site or Services.
You are accessing our Site and/or Services at YOUR OWN RISK. Under no circumstances are any of the available content in any nature on the Site or Services guaranteed to be accurate and/or express any kind of warranty.
You are responsible for your own risk.
In the event that you suffer from damages or losses of any kind, a dispute between third-parties or entities, suffer damage or loss of possessions whether owned by you or another party or any other kind of damages from using the Site or Services, you agree to:
Release us and our sponsors and affiliates and their and our officers, employees, staff, agents, and successors from demands, claims, damages (consequential and actual) of any kind in any way of any nature, known and unknown, unexpected and suspects, undisclosed and disclosed, arising of out of the Site or Services.
The Service is controlled and operated from its facilities in the United States. PlatypusPlatypus makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
You agree that: (i) the Service shall be deemed solely based in CA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over PlatypusPlatypus, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state or federal courts located in Los Angeles, CA for any actions for which either party retains the right to seek injunctive or other equitable relief.
IX. Arbitration Agreement
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. Other rights that you or PlatypusPlatypus would have in court also may not be available in arbitration.
You and PlatypusPlatypus agree to the fullest possible extent that any disputes that arise through binding and final arbitration rather than court proceedings. You and PlatypusPlatypus waive any right to a jury trial of any claim(s), controversies, counterclaims, or other disputes shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association. The entirely of the arbitration will be heard and determined by a single arbitrator and such arbitrator’s decision will be final and binding upon both parties and may be enforced in any court of competent jurisdiction.
All parties agree that the arbitration will remain confidential and the existence of the proceeding, pleadings, briefs, documents exchanged, testimonies, oral submissions, awards, and any other element will not be disclosed beyond the arbitration proceedings relating to the arbitration or by applicable rules of disclosure and regulations of securities, regulatory authorities, or other regulative or governmental entities.
Neither party may act as a class representative nor private attorney general, or participate as a member of a class of claimants with respect to any claims. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or PlatypusPlatypus’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If you show that the cost of arbitration will be prohibitive compared to the litigation costs, PlatypusPlatypus will pay administrative and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the arbitration from being prohibitive. The arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties deemed appropriate in the final award.
X. California Residents
By using our Site or Services, CA residents agree to waive CA Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
XI. Severability and Insolvency
If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.
Any specific right or remedy provided in this contract will not be exclusive but will be cumulative of all other rights and remedies.
The full force of all binding documents on the Site are eligible even if you stop using the Site or Services.
All provisions that logically ought to survive termination of this agreement shall survive.
Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within seven (7) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party’s performance is delayed for a period exceeding fourteen (14) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this agreement.
If either party (you or PlatypusPlatypus) breaches any provision of this agreement and if such breach is not cured within seven (7) days after receiving written notice from the other party specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt. This agreement may be terminated by either party on seven (7) days advance written notice effective as of the expiration of the notice period.
Either party (you or PlatypusPlatypus) has the right to terminate this agreement where the other party becomes insolvent, fails to pay its bills when due, makes an assignment for the benefit of creditors, goes out of business, or ceases production.
Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.
PlatypusPlatypus may update this ToU with or without notice. By using the Services, you agree to be bound by this ToU. We may update with a site notice, official post, or email.
We may alter, modify, terminate, or change the Site and/or Services at any time for any reason with or without notice to you.
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that fully comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. Â§512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This page was last updated on 2/23/20.
Questions? Please contact us if you have any questions about this page.