Terms of use

These are the general terms and conditions that apply when you access and use this website

The Plum List (“Plum List” or “we” or “us” or “our”) is a website produced by Multichoice, with the objective to help users of subscription video on demand (SVOD) services source and select popular content that appeals to their preferences.

These are the general terms and conditions, which may be amended from time to time (“Terms of Use”) that apply when a person (“User” or “your” or “you”) accesses and uses this website (www.plumlist.com) and any other URL used by us from time to time (“Plum List Website”).

By accessing the Plum List Website, you agree that you have read, understood and agree to be bound by the Terms of Use which are posted on the Plum List Website at the time of such access and use.

Additional terms and conditions may apply to particular information, content, services, applications or any other aspect of the Plum List Website or to products and/or services provided by us (“Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the provisions in these Terms of Use will prevail.

Allowed use and licence
You may only access and use the Plum List Website, or any of the information or materials provided on the Plum List Website, in a lawful manner, for your private and non-commercial purposes, and in accordance with the Terms of Use, and not for any commercial or other non-private purposes, unless our prior written consent is obtained.

You may cache the Plum List Website provided that:

the purpose of the caching is to make the onward transmission or download of the content from the Plum List Website more efficient;
you do not modify, reproduce, interfere with the cached data or content in any manner whatsoever, or otherwise use the cached data or content in a manner not authorised by us in these Terms of Use; and
you update or remove from your computer system, the cached data or content if we request you to do so.

No person may frame the Plum List Website in any manner without our prior written consent. Other than bona-fide search engine operators and the use of the search facility provided on the Plum List Website, no person may use, or attempt to use, any technology or applications (such as web-crawlers, web-spiders, robots, harvesting bots or scrapers) to search the Plum List Website for any purposes without our prior written consent.

You may post your personal opinions, messages and ideas on any forum on the Plum List Website once you have registered to participate in reviewing and/or rating the Plum List Service and accepted the forum terms and conditions (if any).

You undertake not to post any information or content onto the Plum List Website that is, or may be, unlawful, defamatory, harassing, obscene, personal, commercial advertising, marketing material, profane, untrue, false, incorrect, misleading, infringe privacy rights, intellectual property rights or any other rights or interests of ours, our Affiliates or of a third party, or is harmful in any way.

Without limiting the generality of this clause, you agree that you will not upload, post or otherwise transmit any content that includes any of the following:

any personal information belonging to you or another person;
spam or unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;
flooding any forum boards with excessive posts, meaningless posts, posts unrelated to the topic or padding posts;
discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promotes products or services from other providers, or abuses any company, product or service;
unfounded or vexatious complaints about us, our Affiliates or our policies or practices;
attacks (including ‘Flaming’) of another User in such a way as to incite or perpetuate arguments or conflict; creating usernames to attack other Users’ identities;
impersonating other individuals or falsely representing one’s identity or qualifications; posts made under secondary usernames or other aliases for the purpose of either endorsing or denigrating others;
posts that breach any User’s privacy by including that User’s personal information;
posting a link or otherwise directing other Users to any information or content that, if posted on the Plum List Website would contravene these Terms of Use;
include URLs of Third Party Websites which may contain offensive or unlawful material; advice that, if followed, could result in injury or harm.
We may manage the postings or submissions on the Plum List Website to provide an orderly presentation of this information, to ensure that postings or submissions comply with these Terms of Use, and for any other reason, we consider appropriate, although we will have no obligation to do so.

We may modify, refuse to post or remove any content posted by you, although we will have no obligation to do so.

You are encouraged to report to us information or content on the Plum List Website that you believe contravenes our obligations as set out in these Terms of Use.

To effectively manage the Plum List Website, we may designate employees or other persons to act as moderators and administrators for the Plum List Website (“Moderators”). You agree to comply with directions from us or the Moderators regarding your access to and use of the Plum List Website.

Notwithstanding the provisions of the above clauses, we are not responsible for any information or content posted by you or third parties on the Plum List Website.

If you post any information or content onto the Plum List Website, you will be responsible for any loss, liability or damage that we or our Affiliates may suffer, directly or indirectly as a result of your posting to the Plum List Website.

Hyperlinks
Subject to these Terms of Use, you may hyperlink to the Plum List Website from another website.

When you hyperlink to the Plum List Website from another website, you do so at your own risk.

We may provide hyperlinks to websites which are not owned and/or controlled by us (“Third Party Websites”). Such links do not imply any endorsement of, agreement with, or support for the information on or content of those Third Party Websites by us.

We do not editorially control the information or content on those Third Party Websites and neither we, nor any person we control or who controls us (“Affiliate”) will be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such Third Party Websites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the Plum List Website.

Security
You may not, whether intentionally or negligently, do, or attempt to do, anything to interfere with or disrupt the Plum List Website, or compromise the security or stability of the Plum List Website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses, worms and trojan horses) or other damaging or destructive component to the Plum List Website, or the server and computer network that support the Plum List Website.

You must take all reasonable steps practically possible to prevent compromising the security and stability of the Plum List Website.

Privacy
The Privacy Policy sets out what personal information we collect from you when you use the Plum List Website, how we collect your personal information, why we collect it and how we use it, and related matters. Please read the Privacy Policy carefully to understand our views and practices regarding your personal information and how we treat it (even if you are a long-standing site user) and contact us if you need clarity or assistance.

The terms of our Privacy Policy are incorporated in these Terms of Use, and you agree to be bound by the Privacy Policy as if its provisions have been included in these Terms and Conditions in full.

Intellectual property rights and domain name use
All intellectual property on the Plum List Website, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, hyperlinks and domain name(s), whether registered or not (the “Intellectual Property”) is the property of, or is licensed to, us and/or our Affiliates.

These Terms of Use should not be construed as granting you any licence or right to use the Intellectual Property without our prior written consent.

Without limiting the scope of this clause, you specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the Intellectual Property, or any aspect thereof.

All our Intellectual Property rights are expressly reserved.

Disclaimers
References to Plum List, “we”, or “us” include our directors, officers, employees, agents, representatives, intermediaries and Affiliates.

Information, ideas and opinions expressed on the Plum List Website should not be regarded as our professional advice or official opinion, and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the Plum List Website.

To the full extent permitted by applicable law:

We make no representations and give no warranties, whether expressly or implicitly, as to the Plum List Website or the information provided on the Plum List Website, and specifically, but without limitation, make no representations and give no warranty:

that the Plum List Website will be tailored to meet your personal requirements or expectations;
of the time within which the Plum List Website will be updated, or that access to the Plum List Website will be uninterrupted or error-free; or
that the information provided on the Plum List Website will be true, complete, accurate or reliable.

We will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from negligence, and which is suffered by any person who accesses, uses or relies on the Plum List Website. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:

access to the Plum List Website;
inability to access, or delays or difficulty in accessing, the Plum List Website, to the extent that such inability, delay or failure results from causes beyond our reasonable control;
access to any websites linked to the Plum List Website;
inability to access, or delays or difficulty in accessing, any websites linked to the Plum List Website;
access to, use of, or reliance on information or content available on the Plum List Website;
any content posted by third parties on the Plum List Website;
services available from the Plum List Website;
our delay or failure to fulfil our obligations under these Terms of Use to the extent that such delay or failure results from causes beyond our reasonable control; or
any negligent act or omission of ours or our consultants, agents or employees.

Time, place, manner and attribution of Data Messages

The parties agree to the following:

Data generated, sent, received or stored by electronic means (“Data Messages”) addressed by you to us will be deemed to have been received by us only if we respond thereto or acknowledge receipt thereof;
Data Messages addressed by us to you will be deemed to be received by you when the complete data message enters an information system designated or used by you for that purpose and is capable of being retrieved and processed by you;
Data Messages addressed by you to us or vice versa will be deemed to have been created and sent from any territory in which the Plum List is operated;
Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between you and us:
Any Data Messages that are sent by you to us from a computer, IP address or mobile device normally used by or owned by you will be deemed to have been sent to us by you, or on your behalf by a person duly authorised by you.

Amendment of Plum List Website and Terms of Use
You agree that we may from time to time vary or discontinue the information, content, services, applications or any other aspect of the Plum List Website.

All permissions granted in these Terms of Use are provided on a non-exclusive and non-transferable basis.

We may, at any time, amend these Terms of Use. We will notify you of the changes at least by sending you an email or through a pop-up notice when you access the Plum List Website.

In the event of conflict or inconsistency between these Terms of Use and any other terms and conditions relating to another product or service offered by Plum List or a third party, the provisions in these Terms of Use will prevail in relation to the Plum List Service and the provisions of the other terms and conditions will prevail in relation to the other product or service.

Termination of the Plum List Website
We may terminate the Plum List Website, or any aspect thereof, at any time.

Our Privacy Policy, concerning our Intellectual property will survive the termination of these Terms of Use for any reason whatsoever.

Entire agreement and variation
These Terms of Use, as amended by us from time to time, constitute the entire agreement between us and you in relation to its subject matter and supersede any previous agreement between you and us.

In the event that any provision detailed herein is found to be unenforceable or invalid for any reason, such terms or conditions will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.

Communications
When you sign up on the Plum List Website, we will check our systems to confirm whether you have requested not to receive communications from us regarding our products and/or services. If you do not wish to receive such communications from us, use the “unsubscribe” options set out in any direct marketing communications which we send you.

Legal costs
We will not be responsible for any costs incurred by you to obtain professional advice relating to these Terms of Use.

Breach
Without prejudice to any other rights we may have, we may claim damages from any person who contravenes these Terms of Use and as a result of which we suffer any loss, liability, harm or damage.

Any relaxation or indulgence which we may show to you from time to time or any failure by a party to exercise or enforce any right or provision of these Terms of Use is without prejudice to and does not constitute a waiver of any right or provision either in these Terms of Use or any applicable law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.