PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/08/2023.
Acceptance of Terms
Description of Website Services Offered
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register for our Services, through the process of creating an account, the user shall then be considered a “member”.
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of PLANOLY. At its discretion, PLANOLY may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. PLANOLY does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end-user and/or member, acknowledge, accept and agree that PLANOLY shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised, or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such PLANOLY shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
The Services are integrated with and link to other services (“Linked Services”).
a. The integration has been provided for Users’ convenience and, as such, Users access the Linked Services at their own risk. The Linked Services are not under Company’s control, and Company is not responsible for the contents of any Linked Services. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that results from accessing the Linked Services.
b. Collaborators acknowledge and agree that the functionality of the Services depend on Owner assigning Collaborators access to the calendar. As long as Users utilize Company’s Services and its Linked Services, Users acknowledge and agree that Company shall have access to, and a license to use (per Section 2) the content of such Linked Services.
c. Users acknowledge and agree that they are simultaneously bound by each Linked Service’s terms and policies, which may specify rules and restrictions for posting certain content, and the Linked Services's practices for using, storing and facilitating the exercise of certain rights in respect to personal information. Users further acknowledge and agree that they are solely responsible for reviewing and accepting Linked Services' terms and any liability that arises from or in relation to its breach of any such terms. The terms of each Linked Service, which only apply to the extent a User links or otherwise uses the Linked Service, can be accessed through the following links:
X (formerly Twitter)
e. Users acknowledge and agree that Linked Services may add, remove, bifurcate, and otherwise modify features of their third-party services (“Modifications”). Company is not responsible and shall have no liability for disturbances of Company Services caused by Modifications to Linked Services.
To register and become a member, you must be 18 years of age and have the legal capacity to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving PLANOLY’s Services under the laws and statutes of the United States or other applicable jurisdiction. Furthermore, the registering party hereby acknowledges, understands, and agrees to:
1. furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process
2. and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, PLANOLY will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of PLANOLY Services, or any portion thereof.
It is PLANOLY’s priority to ensure the safety and privacy of all its visitors, users, and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the PLANOLY website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
Member Account, Username, Password, and Security
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify PLANOLY immediately if you notice any unauthorized access or use of your account or password or any other breach of security. PLANOLY shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS. You agree to be responsible for all actions arising from your account as a member.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of PLANOLY Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by PLANOLY.
Furthermore, you herein agree not to make use of PLANOLY’s Services for the purpose of:
1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. causing harm to minors in any manner whatsoever;
3. impersonating any individual or entity, including, but not limited to, any PLANOLY officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
10. interfering with or disrupting any PLANOLY Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
13. “stalking” or with the intent to otherwise harass another individual; and/or
14. collecting or storing any personal data relating to any other member or user in connection with the prohibited conduct and/or activities that have been set forth in the aforementioned paragraphs.
PLANOLY herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to modify, remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. If we modify, remove and/or delete content, you may not be able to recover the original content, even if you uploaded it.
PLANOLY herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by PLANOLY or any other content providers supplying content services to PLANOLY. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Cautions For Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (Export Administration Regulations (EAR)), as well as the sanctions control program of the United States (Sanctions Programs and Country Information). Furthermore, you state and pledge that you:
1. are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
4. agree not to post, transfer nor upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Content Placed or Made Available For Company Services
PLANOLY shall not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available for inclusion on our website Services. PLANOLY may use user’s and member’s brand logo for promotional purposes.
Contributions to Company Website
PLANOLY provides an area/email for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
1. your Contributions do not contain any type of confidential or proprietary information; PLANOLY shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
2. PLANOLY shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
3. the contributor’s Contributions shall automatically become the sole property of PLANOLY; and
4. PLANOLY is under no obligation to either compensate or provide any form of reimbursement or credit in any manner or nature.
All users and/or members herein agree to indemnify, defend, and hold harmless PLANOLY, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors for any claim, liability, cost, expense, or demand (which may include, but is not limited to, reasonable attorney fees) made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services (including the Payment Platform Services), the use of PLANOLY Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Commercial Reuse of Services
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to PLANOLY’s sites.
Use and Storage General Practices
You herein acknowledge that PLANOLY may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by PLANOLY, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on PLANOLY’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that PLANOLY has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, PLANOLY shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
PLANOLY shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Some Services and account types are available only on a subscription basis (the “Subscription”). By signing up for a Subscription through PLANOLY (whether on the Site, through iTunes, or otherwise), you agree to be billed the then-current amount at the scheduled interval, as indicated upon creation of the Subscription. Subscriptions will automatically renew at the then-current rate unless terminated in accordance with the TERMINATION section of this TOS.
Beta Services and Free Trials
A. Beta Services. This Section describes the additional terms and conditions under which member may access and use certain features, technologies, and services made available to member by Planoly that are not yet generally available, including, but not limited to, any products, services, or features designated or labeled as “alpha,” “beta,” “early access,” “preview,” “pilot,” or similar designation (each, a “Beta Service”). Members must comply with all terms related to any Beta Service that Planoly posts on its website or provides to member. Planoly may add or modify terms, including lowering or raising any usage limits, related to access to or use of any Beta Service at any time. Member may provide Planoly with feedback relating to the Beta Services. Planoly will own and may use and evaluate all feedback for its own purposes. Planoly may suspend or terminate member’s access to or use of any Beta Service at any time. Member’s access to and use of any Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by Planoly. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, PLANOLY PROVIDES BETA SERVICES “AS IS.” PLANOLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, PLANOLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
B. Free Trials. If member registers for a free trial, Planoly may make the Services available to member on a trial basis free of charge (a “Free Trial”) until the earlier of (a) the end of the Free Trial period; (b) the Effective Date of any subscription term; or (c) termination of the trial by Planoly. Free Trials are for evaluation purposes only. Planoly may terminate member’s Free Trial at any time in its sole discretion. Notwithstanding theLimitation of Liability section of PLANOLY’s Terms of Service or any other provision of this Agreement, Planoly’s maximum aggregate liability under any Free Trial shall be capped at US one thousand dollars ($1,000 US).
Use of sellit For Payment Platform Use
This section applies if you use sellit’s Payment Platform feature (the “Payment Platform Services”). PLANOLY, as a “Connect Platform” (see below), connects sellit users to third-party, online payment services provided by Stripe, integrating Stripe’s online payment services into sellit for enabled transactions (see below). To use the Payment Platform Services, you must (a) agree to these TOS, (b) enter a Stripe Services Agreement with Stripe to establish a Stripe Account, (c) connect your Stripe Account to PLANOLY by entering a Stripe Connected Account Agreement with Stripe (defining, among other things, “Connect Platform”), and (d) keep both Stripe Agreements in effect. The two Stripe Agreements create a direct relationship between you and Stripe; PLANOLY is not a party to that relationship (Stripe and PLANOLY are independent entities). PLANOLY is not responsible for and has no liability to you for Stripe’s performance under the Stripe Agreements. You represent and warrant to PLANOLY that you have read, understand, and agree to comply with both Stripe Agreements (including but not limited to the “Restricted Businesses” provisions as defined by Stripe for the jurisdiction where you are located) and you agree to PLANOLY performing the actions PLANOLY is required to or deems advisable to enable effective use of Stripe’s services as an element of the Payment Platform Services. If you do not enter and keep in effect both Stripe Agreements, or if Stripe terminates either of the Stripe Agreements with you, PLANOLY may terminate or suspend your access to the Payment Platform Services, in PLANOLY’s discretion, without liability to you.
Payment Platform Services are provided when you (a) link your Instagram account to a PLANOLY-controlled domain, and (b) enable the “buy” function for an active post in your sellit gallery. When you do that, you instruct PLANOLY to engage in the “Activity” (as that term is used in the Stripe Connected Account Agreement) of providing a secure payment connection to your Connected Account with Stripe so that a customer who initiates capital transaction with you through such a link can complete the capital transaction, and you authorize PLANOLY to collect a fee for that Activity. A fee of 2% of the gross amount of the transaction will be paid to PLANOLY on your behalf by Stripe. The sellit platform will only be responsible for presenting products and pricing as dictated by you, and various anonymized traffic analytics. PLANOLY will have no access to, nor will it be responsible for, an individual purchaser’s data including their Instagram handle, email or any payment or shipping information. You alone are responsible for all order fulfillment, product returns and refunds, customer inquiries and other merchant-customer issues. PLANOLY will only access the Data (see Stripe Services Agreement) Stripe deems necessary to host a Connected Account as part of our Platform Services. You authorize PLANOLY to perform the Payment Platform Services, including but not limited to the Activity.
As a member of PLANOLY, you may terminate your account (including your Subscription), associated email address and/or access to our Services by submitting a cancellation or termination request by contacting us (https://www.planoly.com/contact-us). If you created an account through iTunes, you may only cancel your account through iTunes.
IF YOU TERMINATE YOUR ACCOUNT DURING A SUBSCRIPTION, YOU WILL CONTINUE TO BE BILLED FOR THE REMAINDER OF THE SUBSCRIPTION AND WILL HAVE ACCESS TO YOUR ACCOUNT UNTIL THE END OF THE SUBSCRIPTION PERIOD, UPON WHICH TIME YOUR SUBSCRIPTION AND ACCOUNT ACCESS WILL CEASE.
IN ORDER TO AVOID RENEWAL OF A SUBSCRIPTION, YOU MUST CANCEL YOUR ACCOUNT AT LEAST 24 HOURS BEFORE THE SCHEDULED RENEWAL.
The terms of any refund policy found on the website or iTunes (to the extent applicable to your iTunes created account) will take precedence over this section.
As a member, you agree that PLANOLY may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services at any time and for any reason.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with PLANOLY shall include any and/or all of the following:
1. the removal of any access to all or part of the Services offered within PLANOLY;
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that PLANOLY shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either PLANOLY or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that PLANOLY shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that PLANOLY’s Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content, which may be contained in any advertisements or information, presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by PLANOLY or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on PLANOLY Services (e.g. content or Software), in whole or part.
PLANOLY herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by PLANOLY for use in accessing our Services.
Assignment of Rights
Because PLANOLY relies on user content to provide great service, you agree to grant to PLANOLY an irrevocable, perpetual, worldwide, right to use, display, modify, and distribute any and all content you upload or transmit to or through the Services. PLANOLY may use the content in a variety of ways, such as promoting, providing, and improving Services. We may not be able to give users credit or compensation for the content. This license will continue even if you stop using the Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
1. THE USE OF PLANOLY SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. PLANOLY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. PLANOLY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) PLANOLY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) PLANOLY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE PLANOLY, INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF PLANOLY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM PLANOLY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PLANOLY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Exclusion and Limitations
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
PLANOLY may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means knew or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the PLANOLY trademarks, copyright, trade name, service marks, and other PLANOLY logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of PLANOLY. You herein agree not to display and/or use in any manner the PLANOLY logo or marks.
Copyright or Intellectual Property Infringement Claims Notice & Procedures
PLANOLY will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, PLANOLY may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. The physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The PLANOLY Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Contact Us: https://www.planoly.com/contact-us
This TOS constitutes the entire agreement between you and PLANOLY and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to PLANOLY Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other PLANOLY Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and PLANOLY with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and PLANOLY, shall be filed within the courts having jurisdiction within the County of Travis, Texas or the U.S. District Court located in said state. You and PLANOLY agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should PLANOLY fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of this TOS to PLANOLY as follows:
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