General

The following Terms and Conditions may be updated by MyPlanetStuff, LLC or its online presence www.MyPlanetStuff.com from time to time without notice. These Terms and Conditions constitute a binding agreement between MyPlanetStuff.com and you governing your use of the Website. By using and/or visiting the www.myplanetstuff.com Website you signify your assent to both these Terms and Conditions and the Privacy Policy. You are authorized to use the Website if you agree to abide by all applicable laws and to these Terms and Conditions.

Website Permissions

MyPlanetStuff.com grants you permission to use the Website in accordance to the following Terms and Conditions:

• Your use of the Website as permitted is solely for your personal, noncommercial use
• You will not copy or distribute any part of the Website in any medium without MyPlanetStuff, LLC’s prior written authorization
• You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose
• You will otherwise comply with the Terms and Conditions.

Account Registration

In order to access some features of the Website an Account must be created and you may not use another user’s Account without permission. When creating your Account you:

• Must provide accurate and complete information
• Are solely responsible for the activity that occurs on your account, and must keep your account password secure.
• May change your password at any time by updating your Account page. In addition, you agree to immediately notify MyPlanetStuff.com of any unauthorized use of your password, account or any other breach of security.
  NOTE: MyPlanetStuff.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

By establishing an Account with MyPlanetStuff.com, you represent that you are of legal age to form a binding contract. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If MyPlanetStuff.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the MyPlanetStuff.com.

Third Party Affiliation

The Website may contain links to third party websites that are not owned or controlled by MyPlanetStuff.com. MyPlanetStuff.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release MyPlanetStuff.com from any and all liability arising from your use of any third-party website.

Intellectual Property Rights

The content on the Website, except all Submissions by Users (as defined below), including without limitation, the text, graphics, and photos created by and for MyPlanetStuff.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MyPlanetStuff, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of MyPlanetStuff, LLC or as expressly provided herein. MyPlanetStuff, LLC reserves all rights not expressly granted in and to the Website and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Submissions by Users (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Submissions by Users

The interactive nature of postings on MyPlanetStuff.com makes it impossible for us to assume responsibility for any of the materials posted by users. The suggestions, opinions, ideas, comments, and observations made by MyPlanetStuff.com users, and any photographs, text, video, music, sound, data, chat, messages, files or other material provided to us by users (all of which are referred to as "Submissions by Users") are not endorsed by MyPlanetStuff, LLC, and we make no guarantee regarding the accuracy, reliability or quality of any Submission by User that is posted on the Website. You acknowledge that you will bear and evaluate any risks related to your use of any Submission by User, including any reliance on the completeness, accuracy, or usefulness of such Submission by User. All Submissions by Users posted to the Website are the sole responsibility of the person who originally posted the Submission by User, and your sole recourse for any damage you may suffer as a result of Submissions by Users shall be to such individual.

You shall be solely responsible for your own Submission by User and the consequences of posting or publishing them. You retain all of your ownership rights in your Submissions by Users. However, by submitting the Submissions by Users to MyPlanetStuff.com, you hereby grant MyPlanetStuff, LLC a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions by Users in connection with the Website and MyPlanetStuff, LLC’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a Submission by User from the Website.

If you choose to post Submissions by Users on MyPlanetStuff.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with MyPlanetStuff.com. You understand that MyPlanetStuff, LLC does not guarantee any confidentiality with respect to any Submission by User.

MyPlanetStuff, LLC expressly disclaims any and all liability in connection with Submissions by Users and reserves the right to remove Content and Submissions by Users in its sole discretion and without prior notice. MyPlanetStuff.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

Rules of Conduct

The following rules of conduct apply to the use of MyPlanetStuff.com and to any and all materials posted on the Website, including graphics, data, audio, text, video, content, sounds, music, messages, chat, files or other material (collectively Submissions by Users) whether the Submission by User is included in picture forums, blogs, Accounts, emails, comments.

In connection with the Website, you may not:

• Post, upload, email or otherwise transmit any Submission by User that is pornographic, libelous or defamatory, sexually explicit, unlawful or plagiarized;
• infringe or violate any copyright, patent, trade secret, trademark, or other property right;
• breach a duty of confidentiality by which you are bound due to a contractual relationship;
• submit content that a reasonable person would consider threatening, harassing, harmful, vulgar, abusive, obscene, violent, racially, profane, ethnically or otherwise objectionable or offensive in any way;
• breach any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
• violate or encourage others to violate any applicable statute, law, ordinance or regulation;
• promote services or software that deliver unsolicited e-mail; or
• upload software that contains viruses, worms, bombs, Trojan horses, or other similar harmful programming sabotage.

Unless advanced authorization is given by MyPlanetStuff, LLC or in a specially designated area, you may not use the Website to:

• Solicit personal information from anyone under 18 or harm minors in any way;
• engage in commercial activities within MyPlanetStuff.com;
• provide deceptive or false information;
• post, email, upload, or otherwise transmit any Submission by User that provides street addresses, telephone numbers, URLs, email address or last names; or
• add, delete otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
• allow usage by others in such a way as to violate MyPlanetStuff, LLC’s Terms and Conditions.

Website Modifications

MyPlanetStuff, LLC reserves the right at any time to discontinue or modify either temporarily or permanently the Website at its discretion. MyPlanetStuff, LLC is not liable to you or to any third party for any suspension, discontinuance or modification of the Website.

Copyright Information

While using or interacting with MyPlanetStuff.com, you may not modify, post, reproduce or distribute any Submission by User that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of designs. MyPlanetStuff.com reserves the right to remove any submissions by a user or accounts if it infringes on the copyrights of others.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to consult your legal counsel regarding the Copyright Act.

Termination

MyPlanetStuff.com may, under certain circumstances and without prior notice, terminate your MyPlanetStuff.com account and access to the Website and any other MyPlanetStuff.com services. Cause for such termination shall include, but not be limited to: breaches or violations of the Terms and Conditions; requests by law enforcement or other government agencies; a request by you; engagement by you in fraudulent or illegal activities; discontinuance or material modification to the Website (or any part thereof); extended periods of inactivity; unexpected technical or security issues or problems;; and/or nonpayment of any fees owed by you in connection with the Website or any other MyPlanetStuff, LLC product. Termination of your MyPlanetStuff.com account includes: deletion of your password and all related information, files and materials, including Submissions by Users associated with or inside your account (or any part thereof); and barring of further use of the Website. Further, you agree that all terminations for cause shall be made in MyPlanetStuff, LLC’s sole discretion and that MyPlanetStuff, LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYPLANETSTUFF, LLC, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MYPLANETSTUFF, LLC, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MYPLANETSTUFF, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. MYPLANETSTUFF, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND MYPLANETSTUFF, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYPLANETSTUFF, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL MYPLANETSTUFF, LLC OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF MYPLANETSTUFF, LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MYPLANETSTUFF, LLC SHALL NOT BE LIABLE FOR SUBMISSIONS BY USERS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by MyPlanetStuff, LLC from its facilities in the United States of America. MyPlanetStuff, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless MyPlanetStuff, LLC, and any parent, affiliate, director, subsidiary, officer, licensor, distributor, owner, employee, supplier, agent, reseller, or operator of MyPlanetStuff.com, from and against any and all claims, obligations, losses, damages, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms of Use; (ii) your use of and access to the Website; (iii) your violation of any third party right, including without limitation any property, copyright, or privacy right; or (iv) any claim that one of your Submissions by Users caused damage to a third party. This indemnification and defense obligation will survive these Terms and Conditions and your use of the Website.

Acceptance of Terms and Conditions

You affirm that you are 18 years of age or older, or possess legal parental or guardian consent, or an emancipated minor and are fully competent and able to enter into the conditions, terms, affirmations, representations, obligations and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. MyPlanetStuff.com is not intended for children under 13. If you are under 13 years of age, please do not use the MyPlanetStuff.com Website.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, delegated, transferred and sublicensed by you, but may be assigned, delegated, transferred and sublicensed by MyPlanetStuff, LLC without restriction.

Copyright and Trademarks

The MyPlanetStuff.com Website is © 2008 by MyPlanetStuff, LLC, all Rights Reserved and no portion of the Website may be reproduced, copied, derived, transmitted, or otherwise used for any purpose without the prior written permission of MyPlanetStuff, LLC. All of the MyPlanetStuff.com trademarks are owned by MyPlanetStuff, LLC and may not be used for any purpose without the prior written permission of MyPlanetStuff, LLC.

General

If any provision of these Terms and Conditions are deemed invalid by a court of law, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and MyPlanetStuff, LLC’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. MyPlanetStuff, LLC reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Violations of These Terms and Conditions

Please report any violations of the Terms and Conditions, including objectionable Submissions by Users or behavior, to CustomerService@myPlanetStuff.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, MyPlanetStuff, LLC in its sole discretion may investigate the matter and take such action as MyPlanetStuff, LLC determines to be appropriate.

Last updated September 1, 2008