Plastic Bank has created a suite of services designed to connect people around the world, both online and offline, to unite and create recycling ecosystems, which includes the ability to sell and buy recyclables and other goods.
This document and the other documents that we reference below make up the terms and conditions governing Your use of the Services (collectively, the “Terms”). The Terms are a legally binding contract between You and Plastic Bank. In short, if You don’t agree to the Terms, You are not permitted to use the Services. Put another way, Your use of our Services means You agree with and intend to be bound by these Terms.
Definitions. The following words, when used in these Terms, have the following meanings:
- “Agreement” means the agreement between Plastic Bank and You for the provision of the Services and includes these Terms (including all documents referenced in these Terms).
- “Content” means any information You upload or post to the Services and any information provided by You to Plastic Bank in connection with the Services, including, without limitation, Personal Information.
- “Intellectual Property” means all systems, applications, software code (in any form, including source code, executable or object code), algorithms, technology, programs, databases, designs, diagrams, documentation, drawings, charts, ideas, inventions, trademarks (whether registered or not), brand names, logos, slogans, methods, techniques, models, procedures, processes, and includes all copyrights, rights associated with works of authorship, trademark rights, trade name rights, trade secret rights, patent and industrial property rights, and other property rights in each of the foregoing.
- “Personal Information” means any information about an identifiable individual, including, without limitation, data or information entered into the Services by You or by anybody authorized by You to use Your account for the Services (for example, Your name, buyer’s or seller’s name, phone number, address, email address, and rating).
- “Plastic Bank” or “Us” or “We” or “Our” means or refers to The Plastic Bank Recycling Corporation.
- “Services” means each of the following: the PlasticBank.com website, the SocialPlastic.org website, each other website controlled by Plastic Bank, each of Plastic Bank’s mobile applications available for use or download through Our websites or through third party providers (such as (but not limited to) the Google Play Store and the Apple App Store), and any other services provided by Plastic Bank from time to time, except to the extent that such other services expressly contain their own terms and conditions. “Services” includes any updates, upgrades, patches, technology, enhancements, data, features, and contents, as it may be added or removed by Plastic Bank from time to time and including all written information, documentation, and materials provided to You in respect of same.
- “You” or “Your” refers to the party entering into this Agreement with Plastic Bank and includes the person, entity, or organization having control of the use of the Services and any successor of same.
Use and License. You will only use the Services in accordance with the following rules:
- You will use the Services only for Your own personal purposes.
- You will not use the Services as a service for any third party.
- Your license to use the Services is limited. You are not granted any license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the Services, in whole or in part, except as expressly provided by this Agreement.
- You will not modify, copy, create derivative works from, reverse engineer, decompile or disassemble the Services. You will not “crawl,” “scrape,” or “spider” any page of the Services or attempt to obtain the source code of the Services. You will not interfere with or try to disrupt the Services, for example by distributing a virus or other harmful computer code.
- You will not download or use the Services (and if downloaded You will immediately uninstall and destroy the Services) if such download, installation or use of the Services is prohibited under applicable.
- You will not violate any laws in connection with Your use of the Services.
- You are responsible for paying all fees that You owe to Plastic Bank. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales You make through our Services.
Your Responsibilities. You are responsible for all of Your use of, and access to, the Services, including where such use and / or access is by others who are authorized by You to use the Services. You acknowledge and agree:
- That You are 18 years old or older. If You are under 18 years of age, You are not authorized to use the Services.
- To take reasonable actions to prevent unauthorized access to, or use of, the Services, and to notify Plastic Bank promptly of any unauthorized access or use.
- To provide complete and accurate information about Yourself.
- That You are responsible for Your accounts and any activity on Your accounts. If You share an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If You are registered as a business entity, You personally guarantee that You have the authority to agree to the Terms on behalf of the business.
- That Your accounts are not transferable.
- That You are responsible for all Content. All Content belongs to You, including anything You post using the Services (such as names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, and Personal Information). You represent that You have all necessary rights to Your Content and that You’re not infringing or violating any third party’s rights by posting it.
- To protect Your password(s).
- To comply with all applicable local, state, provincial, federal and foreign laws in using the Services, including without limitation all applicable privacy laws, and laws for the protection of Personal Information.
- To comply with our Sanctions Policy, found here: http://www.plasticbank.com/sanctions-policy/.
- Not to engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Plastic Bank, another Plastic Bank user, or a third party.
- Not to use the Services to engage in any deceptive, misleading, illegal or unethical marketing activities or activities that otherwise may be detrimental to Plastic Bank. You agree to Our Anti-Discrimination Policy, found here: http://www.plasticbank.com/anti-discrimination-policy/.
- Not to collect, use, or disclose any Personal Information in connection with the Services, unless You have obtained all necessary consents under all applicable laws to do so.
- Not to attempt to gain unauthorized access to the Services.
- Not to upload to, or store within, the Services any false, misleading, infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights.
Prohibited Items. You will not use the Services to sell anything that violates any laws, or to sell any of the following types of prohibited items:
- Illegal Items or items promoting illegal activity.
- Alcohol, tobacco, drugs or drug paraphernalia.
- Hazardous materials, recalled items and weapons.
- Pornography and mature content.
- Dangerous items.
- Hate items, such as items that promote, support, or glorify hatred.
- Animal products and human remains.
- Internationally restricted items.
- Violent Items and items that promote, support, or glorify violence.
The above list is not intended to be exhaustive. We consider many factors before coming to a decision about what is best for Our users and our community. Ultimately, however, the decision as to whether or not an item is prohibited rests with Us.
6.1 Your Content. While you own Your Content, by posting Your Content through the Services, You grant Plastic Bank a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content, both to provide the Services and to promote Plastic Bank or the Services in general, in any formats and through any channels, including across any other Services or third-party website or advertising medium.
6.2 Our Ownership.
6.2.1 The Services and all Intellectual Property in the Services or made available or disclosed to You in the provision of the Services are and shall remain the sole and exclusive property of Plastic Bank and except for the limited license to use the Intellectual Property as part of Your use of the Services in accordance with these Terms (the “License”), no right, title, or interest is granted in the Intellectual Property. Plastic Bank and its affiliates shall own all rights, title and interest, including all Intellectual Property, in and to any improvements to the Services or any new programs, upgrades, modifications or enhancements thereto, even when such refinements and improvements result from Your requests or comments.
6.2.2 The names “Plastic Bank” and “Social Plastic,” and the other Plastic Bank trademarks, phrases, slogans, stories, brands, logos, and designs that We use in connection with the Services, are trademarks of Plastic Bank (collectively, “Our Marks”). You are not authorized to use Our Marks in any way except with our express consent, in our sole discretion. In all cases, you may not use Our Marks except for purposes consistent with our core values, namely, to increase public awareness on the importance of using products manufactured with recycled plastic coming from developing countries. Further, you will not, in any manner, represent that you have any ownership interest in Our Marks.
Reporting Unauthorised Content. If Content that You own or have rights to has been posted to the Services without Your permission and You want it removed, You must let us know and we will use commercially reasonable efforts to remove such Content. If Your Content infringes another person’s intellectual property, or if we reasonably believe that Your Content may infringe another person’s intellectual property, we reserve the right to remove it. We’ll use reasonable efforts to notify You if that happens.
8.1 Termination by You. You may terminate Your account with Plastic Bank at any time. Terminating Your account may not affect the availability of some of Your Content that You posted through the Services prior to termination.
8.2 Termination by Us. We may:
- terminate or suspend Your account (and any related accounts) and Your access to the Services at any time, for any reason, and without advance notice.
- refuse service to anyone, at any time, for any reason.
- change, suspend, or discontinue any of the Services at any time, for any reason and We will not be liable to You for the effect that any changes to the Services may have on You, including Your income or Your ability to generate revenue through the Services.
8.3 Effects of Termination. If You or Plastic Bank terminate Your account, You may lose any information associated with Your account, including Your Content. Further, the Terms will remain in effect even after Your access to the Services is terminated, or Your use of the Services ends.
Warranties and Limitation of Liability
9.1 Items You Purchase. You understand and agree that Plastic Bank does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue only, and the items in our marketplaces are produced, listed, and sold directly by independent sellers. So, Plastic Bank can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item You purchase must be brought directly against the seller of the item. You release Plastic Bank from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
9.2 Content You Access. You may come across materials that You find offensive or inappropriate while using Our Services. We make no representations concerning any content posted by users through the Services. Plastic Bank is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that You accessed through the Services. You release us from all liability relating to that content.
9.3 People You Interact With. If You use the Services to interact with other individuals, either online or in person, You do so on the understanding that we do not screen users of our Services, and You release us from all liability relating to Your interactions with other users.
9.5 Plastic Bank Rewards, Coupons and Promotions. Plastic Bank may offer special promotions, rewards, coupons, or other promotions (collectively, “Rewards”). You acknowledge that Plastic Bank does not make any warranties with respect to Your Rewards and is not responsible for any unauthorised access to, or alteration, theft, or destruction of Rewards or Rewards codes that results from any action by You or a third party. You also acknowledge that We may suspend or prohibit use of Your Rewards if Your account has been reported or flagged as hacked or stolen, or if we believe Your account is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. By participating in a special offer or promotion, You agree that You may not later claim that the rules of that special offer or promotion were ambiguous.
9.6 Warranties. You understand and agree that the Services are provided “as is” and without any kind of warranty (express or implied). We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet Your expectations. You use the Services solely at Your own risk. In jurisdictions that do not allow limitations on implied warranties, the above limitations may not apply to You.
9.7 Limitations of Liability. To the fullest extent permitted by law, neither Plastic Bank, nor our employees, directors, officers, shareholders, or contractors shall be liable to You for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Plastic Bank’s aggregate liability for any damages exceed the greater of one hundred ($100) Dollars or the amount You paid Plastic Bank in the past twelve months. In jurisdictions that do not allow limitations on incidental or consequential damages, the above limitations may not apply to You.
10.1 You agree to defend and indemnify Us against any claims by any third parties resulting from something that You did. You will defend Plastic Bank (including any of our employees) and hold Us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from Your actions, Your use (or misuse) of our Services, Your breach of the Terms, or Your account’s infringement of someone else’s rights.
10.2 We reserve the right to handle our legal defense however we see fit, even if You are indemnifying us, in which case You agree to cooperate with Us so we can execute our strategy.
Disputes with Other Users. If You find Yourself in a dispute with another user of Our Services or a third party, we encourage You to contact the other party and try to resolve the dispute amicably. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Plastic Bank will attempt to help You resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Plastic Bank has no obligation to resolve any disputes. You release Plastic Bank from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with Plastic Bank
12.1 Governing Law and Forum. The Terms are governed by the laws of the province of British Columbia, Canada, without regard to its conflict of laws rules. These laws will apply no matter where in the world You live, but if You live outside of Canada. You agree that the location where You contract with Plastic Bank is Vancouver, British Columbia, Canada. Any legal action (including arbitration) related to our Services must be filed and take place in Vancouver, British Columbia, Canada.
12.2 Arbitration, No Class Action, and No Jury. Any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, pursuant to the Arbitration Act [RSBC 1996] chapter 55 (the “Arbitration Act”). Arbitration will be handled by a sole arbitrator. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis and class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, You and Plastic Bank are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
Changes to the Terms. We may update these Terms from time to time. If we believe that the changes are material, we’ll let You know by doing one (or more) of the following: (a) posting the changes through theServices; or(b) sending You an email or message about the changes. That way You can decide whether You want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes Your acceptance of the updated Terms. At any time Plastic Bank may introduce processing fees associated to the exchange of asset-backed tokens, non-asset backed tokens, and Rewards.
14.1 Trial Accounts. Plastic Bank may, but is not obligated to, provide a trial account to You, and this Agreement shall the apply to Your use of the Services during such trial account period.
14.2 Our Relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between You and Plastic Bank. You will not represent Yourself as having any authority to act for or undertake any obligation on behalf of Plastic Bank.
14.3 Entire Agreement. The Terms, including all of the policies that make up the Terms, supersede any other agreement between You and Plastic Bank regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
14.4 Assignment. We may assign any of our rights and obligations under the Terms. This Agreement may not be transferred or assigned by You without Our prior written consent, in our sole discretion.
14.5 Enurement. The terms and conditions of this Agreement shall enure to the benefit of and be enforceable by the parties hereto and their permitted successors and assigns
14.6 Notices and Contact Information
. If You have any questions about the Terms, please email us at Legal@plasticbank.com
. Plastic Bank may provide You with certain legal information in writing. By using Our Services, You agree to our Electronic Communications Policy, which describes how we provide that information to You. A link to our Electronic Communications Policy can be found here: http://www.plasticbank.com/electronic-communications-policy/.
You are agreeing that we can send You information electronically (by email, etc.) instead of mailing You paper copies, and that Your electronic agreement is the same as Your signature on paper.
14.7 Headings. The headings used in the Agreement are for convenience and reference only and shall not affect the construction or interpretation of this Agreement.