|
1.
Your
relationship with PlanetZee
1.1.
Your use of PlanetZee’s content, products, software, services and web sites
(referred to collectively as the “Services” in this document and excluding any
services provided to you by PlanetZee under a separate written agreement) is
subject to the terms of a legal agreement between you and PlanetZee. This document
explains how the agreement is made up, and sets out some of the terms of that
agreement.
1.2.
Unless otherwise agreed in writing with PlanetZee, your agreement with PlanetZee 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 PlanetZee will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these are
referred to below as the “Additional Terms”. Where Additional Terms apply to a
Service, these will be accessible for you to read either within, or through your
use of, that Service.
1.4.
The Universal Terms, together with the Additional Terms, form a legally binding
agreement between you and PlanetZee in relation to your use of the Services. 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.
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 accept the Terms by actually using the Services. In this case, you
understand and agree that PlanetZee 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 PlanetZee, 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.
3.
Provision of the Services by PlanetZee
3.1.
PlanetZee 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 PlanetZee provides may change from time to time without prior notice
to you.
3.2.
As part of this continuing innovation, you acknowledge and agree that PlanetZee may
stop (permanently or temporarily) providing the Services (or any features within
the Services) to you or to users generally at PlanetZee’s sole discretion, without
prior notice to you. You may stop using the Services at any time. You do not
need to specifically inform PlanetZee when you stop using the Services.
4.
Use of the Services by you
4.1.
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).
4.2.
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).
4.3.
Unless you have been specifically permitted to do so in a separate agreement
with PlanetZee, you agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose.
4.4.
You agree that you are solely responsible for (and that PlanetZee 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
PlanetZee may suffer) of any such breach.
5.
Content in the Services
5.1.
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”.
5.2.
You should be aware that Content presented to you as part of the Services,
including but not limited to advertisements in the Services and sponsored
Content within the Services may be protected by intellectual property rights
which are owned by the sponsors or advertisers who provide that Content to
PlanetZee (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 PlanetZee or by the owners of that Content, in a separate
agreement.
5.3.
PlanetZee 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.
5.4.
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.
5.5.
You agree that you are solely responsible for (and that PlanetZee 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 PlanetZee may suffer) by doing so.
6.
Proprietary rights
6.1.
You acknowledge and agree that PlanetZee (or PlanetZee’s 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).
6.2.
Unless you have agreed otherwise in writing with PlanetZee, nothing in the Terms
gives you a right to use any of PlanetZee’s trade names, trade marks, service
marks, logos, domain names, and other distinctive brand features.
6.3.
If you have been given an explicit right to use any of these brand features in a
separate written agreement with PlanetZee, then you agree that your use of such
features shall be in compliance with that agreement, any applicable provisions
of the Terms, and PlanetZee's brand feature use guidelines as updated from time to
time.
6.4.
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.
6.5.
Unless you have been expressly authorized to do so in writing by PlanetZee, 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.
7.
Content license from you
7.1.
By submitting, posting or displaying the content you give PlanetZee 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 PlanetZee to display,
distribute and promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
7.2.
You agree that this license includes a right for PlanetZee to make such Content
available to other companies, organizations or individuals with whom PlanetZee has
relationships for the provision of syndicated services, and to use such Content
in connection with the provision of those services.
7.3.
You understand that PlanetZee, 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 PlanetZee to take these actions.
7.4.
You confirm and warrant to PlanetZee that you have all the rights, power and
authority necessary to grant the above license.
8.
Ending your relationship with PlanetZee
8.1.
The Terms will continue to apply until terminated by either you or PlanetZee as set
out below.
8.2.
If you want to terminate your legal agreement with PlanetZee, you may do so by (a)
notifying PlanetZee at any time and (b) closing your accounts for all of the
Services which you use, where PlanetZee has made this option available to you.
8.3.
PlanetZee 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) PlanetZee 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 PlanetZee offered the Services to you has terminated its
relationship with PlanetZee or ceased to offer the Services to you; or
(D) PlanetZee 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 you by PlanetZee is, in PlanetZee’s opinion, no
longer commercially viable.
8.4.
Nothing in this Section shall affect PlanetZee’s rights regarding provision of
Services under Section 4 of the Terms.
8.5.
When these Terms come to an end, all of the legal rights, obligations and
liabilities that you and PlanetZee 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.
9.
EXCLUSION OF WARRANTIES
9.1.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 1, SHALL EXCLUDE OR LIMIT
PlanetZee’S 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.
9.2.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE
RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
9.3.
IN PARTICULAR, PlanetZee, 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.
9.4.
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.
9.5.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PlanetZee
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
9.6.
PlanetZee 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.
10.
LIMITATION OF LIABILITY
10.1.
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND
AND AGREE THAT PlanetZee, 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 PlanetZee 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 PlanetZee WITH ACCURATE INFORMATION;
THE LIMITATIONS ON PlanetZee’S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY
WHETHER OR NOT PlanetZee HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.
Advertisements
11.1.
Some of the Services are 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.
11.2.
The manner, mode and extent of advertising by PlanetZee on the Services are subject
to change without specific notice to you.
11.3.
In consideration for PlanetZee granting you access to and use of the Services, you
agree that PlanetZee may place such advertising on the Services.
12.
Other content
12.1.
The Services may include hyperlinks to other web sites or content or resources.
PlanetZee may have no control over any web sites or resources which are provided by
companies or persons other than PlanetZee.
12.2.
You acknowledge and agree that PlanetZee 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.
12.3.
You acknowledge and agree that PlanetZee 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.
13.
Changes to the Terms
13.1.
PlanetZee may make changes to the Universal Terms or Additional Terms from time to
time. When these changes are made, PlanetZee will make a new copy of the Universal
Terms available at www. PlanetZee.com and any new
Additional Terms will be made available to you from within, or through, the
affected Services.
13.2.
You understand and agree that if you use the Services after the date on which
the Universal Terms or Additional Terms have changed, PlanetZee will treat your use
as acceptance of the updated Universal Terms or Additional Terms.
14.
General legal terms
14.1.
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.
14.2.
The Terms constitute the whole legal agreement between you and PlanetZee and govern
your use of the Services (but excluding any services which PlanetZee may provide to
you under a separate written agreement), and completely replace any prior
agreements between you and PlanetZee in relation to the Services.
14.3.
You agree that PlanetZee may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on the Services.
14.4.
You agree that if PlanetZee does not exercise or enforce any legal right or remedy
which is contained in the Terms (or which PlanetZee has the benefit of under any
applicable law), this will not be taken to be a formal waiver of PlanetZee’s rights
and that those rights or remedies will still be available to PlanetZee.
14.5.
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.
14.6.
You acknowledge and agree that each member of the group of companies of which
PlanetZee 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.
14.7.
The Terms, and your relationship with PlanetZee under the Terms, shall be governed
by the laws of the State of California without regard to its conflict of laws
provisions. You and PlanetZee agree to submit to the exclusive jurisdiction of the
courts located within the county of Miami Dade, Florida to resolve any legal
matter arising from the Terms. Notwithstanding this, you agree that PlanetZee shall
still be allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.
January 1, 2009
©2008 PlanetZee
|