1. Your relationship with Plantronics
1.1 Your use of the products, software, services and web sites operated by Plantronics, Inc. (“Plantronics”) (referred to collectively as the “Services” in this document and excluding any services provided to you by Plantronics under a separate written agreement) is subject to these terms which form a legal agreement between you and Plantronics. For clarity, the term “Plantronics” hereinafter shall mean Plantronics, Inc., whose principal place of business is at 345 Encinal Street, Santa Cruz, California, United States of America 95060.
1.2 Unless otherwise agreed in writing with Plantronics, your agreement with Plantronics will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with Plantronics will also include the terms of any Legal Notices applicable to the Services as well as any software license agreements, each and collectively all of which shall be in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service or software application, these will be accessible for you to read either within, or through your use of, that Service or software application.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Plantronics in relation to your use of the Services and any related software applications. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service and/or software application.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to you by Plantronics in the user interface for any Service; or
(B) By actually using the Services. In this case, you understand and agree that Plantronics will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Plantronics, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you are under 18 years of age, then by your use of the Services you represent and agree that you possess legal parental or guardian consent to use them.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Plantronics has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Plantronics.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Plantronics
4.1 Plantronics has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Plantronics itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you on the same terms as if the Services were being offered by Plantronics itself.
4.2 Plantronics is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Plantronics provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Plantronics may stop (permanently or temporarily) providing the Services (or any features within the Services) and/or software applications to you or to users generally at Plantronics’ sole discretion for any reason whatsoever, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Plantronics when you stop using the Services.
4.4 You acknowledge and agree that if all or any portion of the Services requires you to create an account in order to use certain portions of the Services, Plantronics may disable access to your account, you may be prevented from accessing the Services and your account details or any files or other content which is contained in your account may be lost, destroyed or become temporarily or permanently inaccessible.
4.5 You acknowledge and agree that while Plantronics may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set or modified (increased or decreased) by Plantronics at any time, at Plantronics’ discretion and without further notice to you.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Plantronics will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree to immediately notify Plantronics of any unauthorized activity in connection with your account or the Services. Plantronics may in its sole discretion suspend or terminate all or any portion of the Services at any time if an unauthorized activity is reported.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Plantronics, unless you have been specifically allowed to do so in a separate agreement with Plantronics. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 The use of this technology and service may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
5.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.6 Unless you have been specifically permitted to do so in a separate agreement with Plantronics, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.7 You agree that you are solely responsible for (and that Plantronics has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Plantronics may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Plantronics for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Plantronics immediately at: developer@plantronics.com.
7. Privacy and your personal information
7.1 For information about Plantronics’ data protection practices, please read Plantronics’ privacy policy at http://www.plantronics.com/us/privacy which is subject to change from time to time without previous notice. This policy explains how Plantronics treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Plantronics’ privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services, if any, and sponsored Content within the Services, if any, may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Plantronics (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Plantronics or by the owners of that Content, in a separate agreement.
8.3 Plantronics reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Plantronics may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Plantronics has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Plantronics may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Plantronics (or Plantronics’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Plantronics and that you shall not disclose such information without Plantronics’ prior written consent.
9.2 Plantronics name and logo, and all related products, domain names and services names, design marks and slogans and other distinctive brand features are trademarks, service marks, registered trademarks or registered service marks of Plantronics and may not be used in any manner without the prior written consent of Plantronics.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Plantronics, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Plantronics’ use guidelines as updated from time to time. These guidelines can be requested by emailing Plantronics at: trademarks@plantronics.com (or such other URL as Plantronics may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, Plantronics acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Plantronics, you agree that you are responsible for protecting and enforcing those rights and that Plantronics has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Plantronics, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Plantronics
10.1 Plantronics gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Plantronics as part of the Services as provided to you by Plantronics (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Plantronics, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, redisplay, resell, modify, create a derivative work of, reverse engineer, decompile, disassemble or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Plantronics, in writing.
10.3 Unless Plantronics has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Plantronics a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Plantronics to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Plantronics to make such Content available to other companies, organizations or individuals with whom Plantronics has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Plantronics, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Plantronics to take these actions.
11.4 You confirm and warrant to Plantronics that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Plantronics. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Plantronics to deliver these to you) as part of your use of the Services. Plantronics strongly recommends the use of commercial anti-virus, anti-spyware and Firewall software. Plantronics is not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information.
13. Ending your relationship with Plantronics
13.1 The Terms will continue to apply until terminated by either you or Plantronics as set out below.
13.2 If you want to terminate your legal agreement with Plantronics, you may do so by (a) notifying Plantronics at any time and (b) closing your accounts for all of the Services which you use, where Plantronics has made this option available to you. Your notice should be sent, in writing, to Plantronics’ address which is set out at the beginning of these Terms.
13.3 Plantronics may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Plantronics is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom Plantronics offered the Services to you has terminated its relationship with Plantronics or ceased to offer the Services to you; or
(D) Plantronics is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) The provision of the Services to one or more users of the Services (including you alone or in with others) by Plantronics is, in Plantronics’ opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Plantronics’ rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations, all the non-disclosure terms and liabilities that you and Plantronics have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT PLANTRONICS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS", “AS AVAILABLE.” AND “WITH ALL FAULTS”.
14.3 IN PARTICULAR, PLANTRONICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED OR THAT ANY CONTENT ACCESSIBLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENT.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANTRONICS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 PLANTRONICS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLANTRONICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH PLANTRONICS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE PLANTRONICS WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON PLANTRONICS’ LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT PLANTRONICS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Indemnity
16.1 You agree to indemnify, defend and hold harmless Plantronics from and against all losses, expenses, damages and costs, including reasonable attorney’s and experts fees, arising from or related to claims made by any party due to or arising out of: a) your use of the Services b) your violations of these Terms and/or your violations of any laws or regulations or the rights of another through the use of the Services. These indemnity obligations will survive termination of your relationship with Plantronics or your cessation of use of the, Services, sites or resources. Plantronics reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Plantronics in asserting any available defenses.
17. Copyright and trade mark policies
17.1 It is Plantronics’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.2 Plantronics operates a trademark complaints procedure in respect of Plantronics’ advertising business, details of which can be requested by emailing Plantronics at: trademarks@plantronics.com
18. Advertisements
18.1 Some of the Services are or may be in the future supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by Plantronics on the Services, if any, are subject to change without specific notice to you.
18.3 In consideration for Plantronics granting you access to and use of the Services, you agree that Plantronics may place such advertising on the Services.
19. Other content
19.1 The Services may include hyperlinks to other web sites or content or resources. Plantronics may have no control over any web sites or resources which are provided by companies or persons other than Plantronics.
19.2 You acknowledge and agree that Plantronics is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that Plantronics is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20. Changes to the Terms
20.1 Plantronics may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Plantronics will make a new copy of the Universal Terms available at http://www.developer.plantronics.com and any new Additional Terms will be made available to you from within, or through, the affected Services.
20.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Plantronics will treat your use as acceptance of the updated Universal Terms or Additional Terms.
21. General legal terms
21.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
21.2 The Terms constitute the whole legal agreement between you and Plantronics and govern your use of the Services (but excluding any services which Plantronics may provide to you under a separate written agreement), and completely replace any prior agreements between you and Plantronics in relation to the Services.
21.3 You agree that Plantronics may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if Plantronics does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Plantronics has the benefit of under any applicable law), this will not be taken to be a formal waiver of Plantronics’ rights and that those rights or remedies will still be available to Plantronics.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.6 You acknowledge and agree that each member of the group of companies of which Plantronics is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.7 The Terms, and your relationship with Plantronics under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Plantronics agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Plantronics shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.