and Conditions of Use
Thank you for visiting the Plochman, Inc. website (“Website”) and its brand pages (“Brand Pages”) on Facebook, Instagram and Twitter. Your access to and use of the Website and Brand Pages (“Brand Pages”) (collectively, the “Sites”) is subject to these Terms and Conditions (“Terms”) and all applicable laws. By accessing and browsing the Sites, you accept, without limitation or qualification, these Terms and acknowledge that any other agreements between you and Plochman regarding these Sites are superseded and of no force or effect. Please read the following Terms carefully.
Restrictions on Use of the Website
The Website, not to be mistaken with the Brand Pages included within the Sites, belongs to Plochman. Material from the Website, excluding material drawn from Brand Page Submissions (see below), may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior consent of Plochman EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial, home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the materials in any other manner or for any other purpose violates Plochman’s intellectual property rights.
The material from the Website is provided for lawful purposes only.
All remarks, suggestions, ideas, graphics, recipes, videos or other information communicated to Plochman through the Website (together, “Website Submission”) will forever be the property of Plochman. Plochman will not be required to treat any Website Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Plochman operations. Without limitation, Plochman will have exclusive ownership of all present and future existing rights to the Website Submission of every kind and nature everywhere. In addition, by communicating a Website Submission, you waive any rights of your likeness or person related to the Website Submission, including, but not limited to, intellectual property rights, rights of privacy or rights of personality. Plochman will thereby be entitled to use the Website Submission for marketing and promotional purposes without compensation to you or any other person sending the Website Submission. You affirm that you are responsible for whatever Website Submission you submit, and you, not Plochman, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. You further affirm and warrant that the Website Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Plochman’s use and ownership of such Website Submission will not violate any third party’s rights.
All remarks, suggestions, ideas, graphics, recipes, videos or other information communicated (or otherwise known as posted) to the Brand Pages (together, a “Brand Page Submission”) are subject to these Terms and the Terms and Conditions of Facebook, Instagram and Twitter. Accordingly, to the extent that a Brand Page Submission is made publically available on the Brand Pages, the Brand Page Submission will not be treated as confidential. Moreover, by posting a Brand Page Submission, you agree to consent to Plochman using the Brand Page Submission in promotional or marketing materials. In addition, by posting a Brand Page Submission, you waive any rights of your likeness or person related to the Brand Page Submission, including, but not limited to, intellectual property rights, rights of privacy or rights of personality. Plochman will thereby be entitled to use the Brand Page Submission for promotional or marketing purposes without compensation to you or any other person posting the Brand Page Submission. You affirm that you are responsible for whatever Brand Page Submission you post, and you, not Plochman, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. You further affirm and warrant that the Brand Page Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Plochman’s use and ownership of such Brand Name Submission will not violate any third party’s rights.
Personally identifiable information (“PII”) that may be received at this Website and/or the Brand Pages is provided voluntarily by you.
Although Plochman may monitor or review Website Submissions and Brand Page Submissions, Plochman is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Website Submission or Brand Page Submission, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Website Submissions and Brand Page Submissions.
Pursuant to these Terms and any such related provisions with the Terms and Conditions of Facebook, Instagram and Twitter, you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Plochman will fully cooperate with any law enforcement authorities or court order requesting or directing Plochman to disclose the identity of anyone posting any such information or materials. Plochman, in its sole discretion, may remove Website Submissions or Brand Page Submissions at any time, and for any reason.
Plochman may engage in contests and promotions (“Contests”) with customers, like yourself, whereby various services, such as its Brand Pages, will be utilized. Plochman will administer the rules of the Contests and offer the terms and eligibility requirements. Even though Plochman may utilize Facebook, Instagram and Twitter platforms, such platforms do no sponsor, endorse or administer the Contests. Moreover, by participating in the Contests, you completely release such platforms for any liability.
Plochman respects the intellectual property of others, and we must insist that you do the same in your use of the Sites. Plochman may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
You may notify Plochman of possible copyright infringement by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to Plochman’s copyright agent set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- 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 the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
Attn: Marketing Department
1333 N. Boudreau Rd.
Manteno, IL 60950
Plochman suggests that you consult your legal advisor before filing a notice. Also, please be aware that there can be penalties for false claims.
The trademark, logos, characters and service marks (collectively, the “Trademarks”) displayed on the Website belong to Plochman or are used by Plochman with permission. Nothing contained on the Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on the Website, or any other such content on the Website, except as provided in these Terms, is strictly prohibited. You are also advised that Plochman will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
The Sites may contain links to other websites. Plochman has not reviewed the websites linked to the Sites and is not responsible for the content of any other websites linked to the Sites. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
The Plochman products, materials, offers and information appearing on the Sites are intended for U.S. visitors/customers. The Sites are controlled by Plochman from its office in Manteno, IL, United States. Plochman makes no representation that materials on the Sites are appropriate or available for use in other locations.
Limitation of Liability
Your use of and browsing on the Sites are at your own risk. Plochman will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. Plochman will not be liable for any damages or injury, including but not limited to, special or consequential damages, punitive damages, damages based on lost profits or damage to goodwill, that result from the use of, or the inability to use, the materials in the Sites, even if there is negligence or Plochman or an unauthorized Plochman representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, punitive damages, damages based on lost profits or damage to goodwill.
Without limiting the foregoing, everything on the Sites are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
These Terms will be governed and interpreted pursuant to the laws of the State of Illinois, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties related to all matters that have been discussed in the preceding paragraphs.
Plochman may at any time revise these Terms by updating this posting and may also make changes to the content, links or functionality of the Sites at any time. You are bound by any revisions and should therefore periodically visit this page to review the Terms to which you are bound.