Planet Earnings Web Site Agreement! (Updated March 07, 2007)
The PlanetEarnings.com Web Site (the "Site") is an online information service
provided by Planet Earnings ("PlanetEarnings.com "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. PlanetEarnings.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are
PlanetEarnings.com, its affiliates or other third party licensors. YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to PlanetEarnings.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to PlanetEarnings.com by all means and in any media now known or
hereafter developed. You also grant to PlanetEarnings.com the right to use your
name in connection with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against PlanetEarnings.com
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to PlanetEarnings.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of PlanetEarnings.com. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by PlanetEarnings.com, PlanetEarnings.comdoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for PlanetEarnings.com- identified information,
products or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are not
affiliated with PlanetEarnings.com a. You also understand that
PlanetEarnings.com cannot and does not guarantee or warrant that files available
for downloading through the Site will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. PlanetEarnings.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
PlanetEarnings.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. PlanetEarnings.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. PlanetEarnings.com HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PlanetEarnings.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PlanetEarnings.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, PlanetEarnings.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
PlanetEarnings.com makes no representations whatsoever about any other web site
which you may access through this one or which may link to this Site. When you
access a non-PlanetEarnings.com web site, please understand that it is
independent from PlanetEarnings.com, and that PlanetEarnings.com has no control
over the content on that web site. In addition, a link to a PlanetEarnings.com
web site does not mean that PlanetEarnings.com endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless PlanetEarnings.com, its
officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of PlanetEarnings.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws
of India applicable to agreements made and to be performed in India. You agree
that any legal action or proceeding between PlanetEarnings.com and you for any
purpose concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction
sitting in India . Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. PlanetEarnings.com's failure
to insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any
provision of this Agreement. PlanetEarnings.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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