PLANET-INNOVATE!
TERMS OF SERVICE
The
following are the terms and conditions for use of PLANET-INNOVATE!
(the “Website”)
By
accessing, registering, or contributing to any blogs, listings, or
other services hosted at http://www.planetinnovate.blogspot.com
(collectively, the “Services”), and in consideration for the
Services The Henderson Marketing Group(PLANET-INNOVATE!)
provides to you, you (the terms “you” or “yours” includes the
person or entity that is accessing, contributing, or registering with
the Services as well as any third parties accessing the Services on
your behalf) agree to abide AND BE BOUND BY ALL OF these Terms AND
CONDITIONS OF THE SERVICES (“Agreement”). Please read this
Agreement carefully before using the Services in any manner. The
Services offered to you are conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
I.
ACCOUNT
Registration. In
order to utilize some Services, you must register and create an
account. In order to create an account, you must complete the
registration process by providing PLANET-INNOVATE!with
complete and accurate information as prompted by the registration
form, including an e-mail address, username, and password. You
shall protect your password and take full responsibility for your own
and third party activities that occur under your account. You agree
to notify PLANET-INNOVATE!
immediately
of any unauthorized use of your account or any other breach of
security.
Access.
From time to time, PLANET-INNOVATE!
may
find it necessary to access your account. For instance,
PLANET-INNOVATE!
may access your account for support, maintenance, or security-related
reasons. In such an event, PLANET-INNOVATE!
will endeavor, if practicable, to provide you notice of its intent to
do so; however, PLANET-INNOVATE!
undertakes no affirmative obligation to do so. Regardless of whether
such notice is provided, you acknowledge and consent to such access.
II.
USER-GENERATED/THIRD PARTY CONTENT
Overview
and Age Restrictions. Portions
of the Website allow users or other third parties to post or upload
user-generated content (“User Content”). By submitting User
Content, you represent that you are older than 13 years of age, and
if under the age of 19, you are either an emancipated minor, or have
obtained the legal consent of your parent or legal guardian to enter
into this Agreement and use the Services.
User
Obligations and License.
You are solely responsible for all content or information you post,
upload, or otherwise transmit (collectively “Post”) through the
Services. You agree not to Post through the Services any User Content
which is defamatory, which infringes upon a party’s intellectual
property, or is otherwise illegal. By Posting User Content on the
Website, you warrant and represent that such information is truthful
and accurate. Additionally, by Posting User Content to the Website,
you automatically grant, and warrant and represent that you have the
right to grant, PLANET-INNOVATE!
a perpetual, irrevocable, royalty-free, worldwide exclusive
sub-licensable license to use, copy, perform, display, and distribute
such User Content and to prepare derivative works of, or incorporate
into other works, such User Content.
Communications
Decency Act.
As
provided in 47 U.S.C. § 230(c)(1),PLANET-INNOVATE!
is
only a distributer, and not the publisher or speaker, of any User
Content. As such, PLANET-INNOVATE!
cannot be held liable for making available any User Content which may
be false or inaccurate. The information, offers, or opinions
contained in the User Content made available through the Services are
those of their respective authors alone. PLANET-INNOVATE!
does
not encourage or instruct anyone to write comments, negative or
otherwise, about any specific party or parties. PLANET-INNOVATE!
does not guarantee the accuracy, completeness, or truthfulness of any
User Content. Under no circumstances will PLANET-INNOVATE!
be responsible for any loss or damage resulting from any person’s
reliance on any User Content.
Reservation
of Rights.
PLANET-INNOVATE!
reserves the right to remove or not remove any User Content from the
Website for any reason or no reason at all, in PLANET-INNOVATE!’s
sole discretion. This reservation includes the exclusive right to
decide whether to publish, withdraw, postpone, or alter any User
Content. PLANET-INNOVATE!
reserves the right, but does not undertake any affirmative
obligation, to screen, monitor, or filter User Content.
III.
Digital Millennium Copyright Act
PLANET-INNOVATE!
respects the intellectual property rights of others and complies with
safe harbor provisions of the Digital Millennium Copyright Act
(“DMCA”). Anyone who believes that their work has been reproduced
on the Website in a way that constitutes copyright infringement may
notify PLANET-INNOVATE!
in accordance with Title 17, United States Code, Section 512(c)(2),
by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notifications
of claimed infringement should be e-mailed to: ATTN: DMCA AGENT (in
the subject line)
E-mail:
planetinnovate@gmail.com:
If you give notice of copyright infringement by text e-mail,
PLANET-INNOVATE!’s
copyright agent may begin investigating the alleged copyright
infringement; however, we must receive your signed statement as an
attachment to your e-mail before we are required to take any action.
IV.
PRIVACY
The
Website is governed by the Privacy Policy which is incorporated into
this Agreement by this reference.
V.
PROPRIETARY RIGHTS
PLANET-INNOVATE!
expressly reserves all right, title and interest in
and to the Services, and the content of the Website, including any
copyright, patent or trademark or other intellectual property right,
or federal or state right, pertaining thereto.
VI.
INDEMNIFICATION
You
agree to indemnify, hold harmless and defend PLANET-INNOVATE!, at
your expense, against any and all third party claims, actions,
proceedings, and suits brought against PLANET-INNOVATE! or any of its
officers, directors, employees, agents or affiliates, and all related
liabilities, damages, settlements, penalties, fines, costs or
expenses (including, without limitation, reasonable attorneys’
fees) incurred by PLANET-INNOVATE! or any of its officers, directors,
employees, agents or affiliates, arising out of or relating to (i)
your breach of any term or condition of this Agreement, (ii) User
Content which is Posted by you on the Website, (iii) your use of the
Services, or (iv) your unauthorized use of the Services. In such a
case, PLANET-INNOVATE! will provide you with written notice of such
claim, suit or action. You shall cooperate as fully as is reasonably
required in the defense of any claim. PLANET-INNOVATE! reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification and reimbursement of
any and all associated expenses by you.
VII.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
PLANET-INNOVATE!
Does not represent or warrant and expressly disclaims any
warranty that (i) any information provided by the Services will be
accurate, (ii) the Services will be error-free or accessible at all
times, (iii) defects will be corrected, (iv) the Services or the
server that makes it available, are free of viruses or other harmful
component, or (v) the use or the results of the use of the Services
or the materials made available as part of the Services will be
correct, accurate, timely, or otherwise reliable.
THE
SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS
OR REPRESENTATIONS MADE BY PLANET-INNOVATE! EITHER EXPRESS, IMPLIED,
OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF
QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
PLANET-INNOVATE! DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR
NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL
BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY
INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING
EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT
AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE
SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
VIII.
LIMITATIONS OF LIABILITY
PLANET-INNOVATE!
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BASED
ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR
CONTRIBUTION, OR OTHERWISE, EVEN IF PLANET-INNOVATE! HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING
PARAGRAPH MAY NOT APPLY TO YOU.
IX.
TERMS AND TERMINATION
Either
party may terminate this agreement at any time and for any reason. In
addition, this agreement will terminate immediately, without notice,
if you fail to comply with the terms of this Agreement.
X.
MODIFICATIONS TO TERMS OF SERVICES AND OTHER POLICIES
PLANET-INNOVATE!
reserves the right to cease offering any of the Services at any time
or to make changes to this Agreement at any time, each at its sole
and exclusive discretion.You will know we have modified or amended
this Agreement when you see a new updated date at the top of this
Agreement. PLANET-INNOVATE! will not notify its Website users
of any such changes by e-mail or other personal contact. YOUR
CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER THE POSTING OF
REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH
MODIFICATIONS OR AMENDMENTS. We encourage you to check the date of
this Agreement whenever you visit this Website so that you will know
when you need to review the Agreement for changes.
XI.
COMPLIANCE
You
will not use the Services in any way or for any purpose that would
violate, or would have the effect of violating, any applicable laws,
rules or regulations or any rights of any third parties, including
without limitation, any law or right regarding any copyright, patent,
trademark, trade secret, music, image, or other proprietary or
property right, false advertising, unfair competition, defamation,
invasion of privacy or rights of celebrity.
XII.
MISCELLANEOUS; APPLICABLE LAW AND VENUE
PLANET-INNOVATE!
shall be excused from performance hereunder to the extent that
performance is prevented, delayed or obstructed by causes beyond its
reasonable control. This Agreement (including any amendment agreed
upon by the parties in writing) represents the complete agreement
between us concerning its subject matter, and supersedes all prior
agreements and representations between the parties. If any provision
of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed to the extent necessary to make it
enforceable to the maximum extent permissible so as to affect the
intent of the parties, and the remainder of this Agreement shall
continue in full force and effect. This Agreement shall be governed
by and construed under the laws of the state of Ohio without
reference to its conflict of law principles. In the event of any
conflicts between foreign law, rules, and regulations, and Ohio law,
rules, and regulations, Ohio law, rules and regulations shall prevail
and govern. Each party agrees to submit to the exclusive and personal
jurisdiction of the courts located in the State of Ohio. The United
Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transactions Act shall not apply
to this Agreement. Any notices to PLANET-INNOVATE! must be sent to:
planetinnonate@gmail.com.
Planet-Innovate!
Counsel shall be placed in the subject line of the email.
A
waiver of any default is not a waiver of any subsequent default. You
may not assign or otherwise transfer any of your rights hereunder
without PLANET-INNOVATE!’s prior written consent, and any such
attempt is void. This Agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of the parties
hereto.
XIII.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable content. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside and to comply with any other local laws
affecting the transmission or posting of content or affecting the
privacy of persons.