PLANET EARTH FOUNDATION TERMS OF USE

 

Last Updated: February 2007

 

1.               Acceptance

Welcome to Planet Earth Foundation. These Terms of Use govern your use of planetearthfoundation.org, planetearthmedia.com and worldcampaign.net (the “Sites”) and the services made available on planetearthfoundation.org, planetearthmedia.com and worldcampaign.net (the “Services”). By using the Services or visiting or browsing the Sites, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to the Terms of Use from time to time; if you do not agree to these Terms of Use you should not use the Services, or visit or browse any of the Sites.

These Terms of Use constitute a binding legal agreement between you and Planet Earth Foundation (”Planet Earth,” “we,” “us,” and “our”). Please read them carefully before accessing or using the Sites or the Services.

2.               Modifications

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion. Notice of any modification of these Terms of Use will be posted in this section of the Sites, and any such modifications will be effective upon the posting of such notice. Your continued use of the Sites or the Services constitutes your binding acceptance of such modifications. Please check this section of the Sites before using the Sites or the Services to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Sites immediately and discontinue your use of the Service and the Sites. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.

 

3.               Content

The Sites and the Services may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively, “Content”). All Content, whether publicly posted on or privately transmitted via the Sites or the Services, is the sole responsibility of the person from whom the Content originated and not of Planet Earth, or its directors, officers, or employees. Planet Earth may review and delete any Content, in whole or in part, that in the sole judgment of Planet Earth violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Planet Earth or its officers, directors, or employees be held liable for any loss or damage caused by your reliance on Content obtained through the Sites or the Services. It is your responsibility to evaluate the Content available through the Services or the Sites. Although Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any Content.

 

4.               Licenses

When you post Content, you hereby grant us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Content for any purpose and without acknowledgment to you. By posting or providing Content, you represent and warrant that public posting and use of your Content will not infringe on or violate the rights of any third party.

5.               Usage Guidelines and Restrictions

You agree not to use the Sites or the Services to:

(a) upload, post, email, or otherwise transmit any Content that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses, and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

(b) harm minors in any way or write comments that in any way refer to person(s) under 18 years of age;

(c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(d) upload, post, email, or otherwise transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) upload, post, email, or otherwise transmit Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;

(g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) interfere with or disrupt the Services, the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;

(i) intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users;

(j) use any automated means to access the Sites or the Services or collect any information from the Sites or the Services (including, without limitation, robots, spiders, or scripts); or

(k) frame the Sites or the Services, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

6.               Termination

You agree that Planet Earth, in its sole discretion, may terminate your use of the Sites and the Services, and remove and discard any Content within the Sites, for any reason, including, without limitation, or if Planet Earth believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Planet Earth may also in its sole discretion and at any time modify or discontinue providing the Sites or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Sites or the Services may be effected without prior notice, and you acknowledge and agree that Planet Earth may immediately deactivate or delete your information and Content and bar any further access to such information or to the Sites or the Services. Further, you agree that Planet Earth shall not be liable to you or any third party for any modification or termination of your access to the Sites or the Services.

7.               Disclaimers of Warranties; Limitations on Liability

The Sites and the Services (including all Content) are provided “as is”; Planet Earth makes no representations or warranties of any kind with respect to the Services, the Content, the Sites, or any contents therein. Planet Earth assumes no liability or responsibility for any errors or omissions in providing the Services, the Sites, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Sites. PLANET EARTH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE CONTENT, AND THE SITES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AUTHENTICITY, TITLE, AND NON-INFRINGEMENT. In addition, Planet Earth does not represent or warrant that the information on or accessible via the Sites or through the Services is complete or current.

PLANET EARTHS AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS LIABILITY UNDER THESE TERMS OF USE IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. PLANET EARTH AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLANET EARTHS AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, THE CONTENT, THE SITES OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED $100. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

8.               Indemnity

You agree to indemnify and hold Planet Earth, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Sites, the Services, or Content, including without limitation these Terms of Use.

 

9.               Links and Advertising

We may provide, or third parties may provide, links to other Web Sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any Sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such Sites. PLANET EARTH IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITES.

Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Sites or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Sites or the Services.

10.             Governing Law and Arbitration

These Terms of Use are governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Products, or the Sites will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. By using the Sites or the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.

11.             Release

In the event that you have a dispute with one or more users of the Sites or the Services, you release Planet Earth (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ¤1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

12.             General

Planet Earths failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Sites or the Services, you consent to receiving electronic communications from Planet Earth. These communications will include information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Planet Earth is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Use comprises the entire agreement between you and Planet Earth and supersede all prior agreements between the parties regarding the subject matter contained herein.

QUESTIONS

Please direct any questions regarding these Terms of Use to: admin@planetearthfoundation.org .