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PlanetMe.com Terms of Use
Last Updated: January 2007 1. THIS IS AN AGREEMENT BETWEEN YOU AND PlanetMe.com This user agreement ("Agreement") is a contract between you and PlanetMe.com. This Agreement governs your use of any Web site or Web page operated by PlanetMe.com (each, a "PlanetMe.com Web Site," and collectively, the "PlanetMe.com Web Sites"). You represent that you are at least 14 years of age, that any information that you submit is truthful and correct, and that you will maintain the accuracy of such information. PlanetMe.com OFFERS THE PlanetMe.com WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE PlanetMe.com WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. 2. HOW PlanetMe.com MAY MODIFY THIS AGREEMENT PlanetMe.com reserves the right to change the terms, conditions, and notices under which it offers the PlanetMe.com Web Sites, including any charges associated with the use of the PlanetMe.com Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any PlanetMe.com Web Site. Your continued use of the PlanetMe.com Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes. 3. ADDITIONAL TERMS Any PlanetMe.com Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that PlanetMe.com Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a PlanetMe.com Web Site, then the terms in this Agreement shall control. 4. NO UNLAWFUL OR HARMFUL USE OF THE PlanetMe.com WEB SITES The PlanetMe.com Web Sites are for your personal use only. You will not use the PlanetMe.com Web Sites for commercial purposes except in those cases that are approved specifically by PlanetMe.com. You will not use the PlanetMe.com Web Sites in any way that is unlawful, or harms PlanetMe.com, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "PlanetMe.com Party" and collectively, the "PlanetMe.com Parties") or any customer of a PlanetMe.com Party. PlanetMe.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a PlanetMe.com Web Site, but has no obligation to do so. You may not use the PlanetMe.com Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the PlanetMe.com Web Sites. Without limiting the generality of this section, you may not use the PlanetMe.com Web Sites in any manner that could damage, disable, overburden, or impair any PlanetMe.com Web Site (or the network(s) connected to any PlanetMe.com Web Site) or interfere with any other party's use and enjoyment of the PlanetMe.com Web Sites. 5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY Without limiting the generality of Section 4, you will not use the PlanetMe.com Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. PlanetMe.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the PlanetMe.com Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the PlanetMe.com Web Sites even if such e-mail does not violate this Agreement. 6. MATERIALS POSTED OR PROVIDED; COMMUNICATIONS MONITORING Please consider carefully the material that you post to any PlanetMe.com Web Site. Member profiles for personal Web pages should not include any personally identifiable information, such as:
PlanetMe.com reserves the right to delete any Submission that at the sole discretion of PlanetMe.com is believed to violate this agreement or that is considered to be offensive, illegal, or in violation of the rights or safety of another person. To the maximum extent permitted by applicable law, PlanetMe.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the PlanetMe.com Parties or any customer of a PlanetMe.com Party. PlanetMe.com assumes no responsibility for Submissions made to any of the PlanetMe.com Web Sites, and is under no obligation to remove or modify Submissions that are deemed inappropriate. 7. SOFTWARE Your use of any software associated with the PlanetMe.com Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then PlanetMe.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the PlanetMe.com Web Sites and in accordance with this Agreement. PlanetMe.com reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. PlanetMe.com or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. PlanetMe.com may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the PlanetMe.com Web Sites. Furthermore, all software available from any PlanetMe.com Web Site is subject to United States export controls, and may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. 8. INFORMATION AVAILABLE FROM THE PlanetMe.com WEB SITES PlanetMe.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the PlanetMe.com Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the PlanetMe.com Web Sites. PlanetMe.com and its suppliers do not authorize the use of information available from the PlanetMe.com Web Sites for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Services offered by the PlanetMe.com Web Sites ("Services") may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
PlanetMe.com has no obligation to monitor the Communication Services. However, PlanetMe.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PlanetMe.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. PlanetMe.com reserves the right at all times to disclose any information as PlanetMe.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PlanetMe.com 's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. PlanetMe.com does not control or endorse the content, messages or information found in any Communication Services and, therefore, PlanetMe.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized PlanetMe.com spokespersons, and their views do not necessarily reflect those of PlanetMe.com. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. 9. PRIVACY PlanetMe.com cares about your privacy. Click here to view the Privacy Policy for this site. 10. PlanetMe.com MAKES NO WARRANTY PlanetMe.com PROVIDES THE PlanetMe.com WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PlanetMe.com PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE PlanetMe.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PlanetMe.com WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. 11. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY PlanetMe.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE PlanetMe.com WEB SITES, EVEN IF SUCH PlanetMe.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PlanetMe.com WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PlanetMe.com PARTY WITH RESPECT TO THIS AGREEMENT OR THE PlanetMe.com WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PlanetMe.com WEB SITES. 12. CHANGES TO THE PlanetMe.com WEB SITES; ADDITIONAL LIABILITY LIMITATION THE PlanetMe.com PARTIES MAY CHANGE THE PlanetMe.com WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the PlanetMe.com Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by PlanetMe.com and persons other than PlanetMe.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE PlanetMe.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT PlanetMe.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PlanetMe.com WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE PlanetMe.com WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PlanetMe.com WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE PlanetMe.com WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. 13. TERMINATION; ACCESS RESTRICTION PlanetMe.com may terminate this Agreement, or terminate or suspend your access to the PlanetMe.com Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the PlanetMe.com Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE PlanetMe.com WEB SITES MAY NOT BE RETRIEVED LATER. 14. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES If this Agreement is with PlanetMe.com, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Texas, without reference to conflict of laws principles. If this Agreement is with a PlanetMe.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such PlanetMe.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject PlanetMe.com Web Sites are directed. If this Agreement is with PlanetMe.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Travis County, Texas, USA in all disputes arising out of or relating to the use of the PlanetMe.com Web Sites. If this Agreement is with a PlanetMe.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such PlanetMe.com affiliate in all disputes arising out of or relating to the use of the PlanetMe.com Web Sites. 15. INTERPRETING THE AGREEMENT; ASSIGNMENT If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. PlanetMe.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the PlanetMe.com Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and PlanetMe.com with respect to the PlanetMe.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PlanetMe.com with respect to the PlanetMe.com Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 16. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM YOU AND PlanetMe.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PlanetMe.com WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 17. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS Click here for the PlanetMe.com Copyright Notice. USE OF THE PlanetMe.com WEB SITES CONSTITUTES YOUR UNDERSTANDING AND ACCEPTANCE OF THIS AGREEMENT. |
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