As of August 31, 2005
3. Prohibited Conduct
In connection with Your use of the Site, You are prohibited from:
- Making any false, misleading, fraudulent, illegal, injurious, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous statements;
- Infringing any third party’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, and rights of publicity;
- Transmitting any e-mail or uploading any content that contains viruses, worms, Trojan horses, or any code that is intended to or that may interrupt, interfere with, intercept, corrupt, destroy or limit the functionality of computer software, hardware or data;
- Impersonating any person or entity;
- Attempting to gain unauthorized access to the Site or another user’s account on the Site;
- Using any means to monitor, copy, or collect any information or content contained on the Site without Our prior express written permission.
4. Ownership of Content
PPA owns copyrights in all content on the Site (including, without limitation, the text, photographs, illustrations, design, video, audio, and the look and feel) (“Content”). You may not copy, distribute, publicly display, or create derivative works based on, any Content on this Site without the prior express written permission of PPA. You agree to provide a non-exclusive, perpetual, royalty free license to PPA to use any information or other content that you voluntarily submit to PPA for use on the Site.
5. Links to and from Other Web Sites
The Site contains links to and from web sites owned and operated by third parties that are not affiliated with PPA. The existence of any links from PPA’s Site to or from other web sites does not constitute an endorsement or approval of such other sites. You agree that PPA is not responsible in any manner for any loss, damage or claim arising from or relating to Your use of sites that link to or from PPA’s Site.
6. Disclaimer of Warranties
- PPA PROVIDES THIS SITE “AS IS.” PPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- PPA SHALL NOT BE RESPONSIBLE FOR ANY LOSS, CLAIM OR DAMAGE THAT IS DIRECTLY OR INDIRECTLY CAUSED BY YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONTENT ON THIS SITE.
- PPA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE LEGALITY OR ILLEGALITY OF ANY OF THE ACTIVITIES DISCUSSED OR REFERENCED ON THIS WEB SITE.
7. Limitation of Liability
PPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE. YOU AGREE THAT PPA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU PAY TO PPA FOR MEMBERSHIP IN THE PPA. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.
You agree to indemnify, hold harmless and release PPA (and its respective members, employees, officers, directors, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use or misuse of the Site and any Content contained therein.
9. Changes to the Sites
PPA reserves the right to modify, suspend or discontinue all or any portion of the Site at any time without notice.
10. Breach; Termination
12. Governing Law
1. Description of Service. Poker Players Alliance (“PPA”) Forums is an online community where PPA Members ask and answer questions on a variety of topics. You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that PPA Forums is provided to you on an AS IS and AS AVAILABLE basis. PPA disclaims all responsibility and liability for the availability, timeliness, security or reliability of PPA Forums or content within PPA Forum. PPA also reserves the right to modify, suspend or discontinue PPA Forums with or without notice at any time and without any liability to you.
You must be at least eighteen (18) years of age to use PPA Forum. PPA reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of PPA Forums, for any posts you make, and for any consequences thereof. You agree that you will use PPA Forums in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the PPA Forums Posting Guidelines and the rules and restrictions therein. PPA may, in its sole discretion, modify or revise the PPA Forums Posting Guidelines at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the PPA Forums Posting Guidelines, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. PPA reserves the right, but shall have no obligation, to investigate your use of PPA Forums in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of PPA Forums — including the contents of specific postings — is provided by and is the responsibility of the person or people who made such postings. PPA does not actively monitor the content of PPA Forums, and takes no responsibility for such content. Instead, PPA merely provides access to such content as a service to you.
By its very nature, PPA Forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using PPA Forums.
PPA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via PPA Forums or endorse any opinions expressed via PPA Forums. You acknowledge that any reliance on material posted via PPA Forums will be at your own risk.
Participants in PPA Forums only have moderation privileges when logged into an account with such privileges. It is within PPA’s sole discretion to grant users moderation privileges. Such individuals may not perform moderation functions when utilizing other accounts, and in no instance is PPA responsible for the activities of these users.
4. General Practices Regarding Use and Storage. You agree that PPA has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by PPA Forums. PPA retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of PPA Forums. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, other images, or profile information) which you may have access to as part of, or through your use of, PPA Forums are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. PPA takes no responsibility for third-party Content (including, without limitation, any viruses or other disabling features), nor does PPA have any obligation to monitor such third-party Content. PPA reserves the right at all times to remove or refuse to distribute any Content on PPA Forums, such as Content which violates the terms of this Agreement. PPA also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of PPA, its users and the public. PPA will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights. PPA’s Intellectual Property Rights. You acknowledge that PPA owns all right, title and interest in and to PPA Forums, including all intellectual property rights (the “PPA Rights”). PPA Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from PPA Forums. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any Content from PPA Forums. As described immediately below, PPA Rights do not include third-party Content used as part of PPA Forums, including the Content appearing on PPA Forums.
Your Intellectual Property Rights. PPA claims no ownership or control over any Content submitted, posted or displayed by you on or through PPA Forums. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through PPA services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through PPA services which are intended to be available to the members of the public, you grant PPA a worldwide, non-exclusive, royalty-free license to reproduce, publish, modify, and distribute such Content on PPA products and services for the purpose of displaying and distributing PPA products and services. PPA furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted by you.
7. No Resale of the Service. Unless expressly authorized in writing by PPA, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of PPA Forums (b) use PPA Forums, or (c) access to PPA Forums.
8. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to PPA to participate in PPA Forums is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
9. Termination; Suspension. PPA may, in its sole discretion, at any time and for any reason, terminate PPA Forums, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 – 7, and 9 – 13 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
10. Indemnification. You agree to hold harmless and indemnify PPA, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of PPA Forums, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, PPA will provide you with written notice of such claim, suit or action.
11. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on PPA Forums, please contact the PPA for information on how to file or respond to a notice of infringement.
12. Notices. You agree that PPA may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on PPA services.
13. Third Party Sites. Sometimes when you use PPA Forums, you may access (as a result of, or through your use of PPA Forums a third party web site or service. Your use of these web sites or services may be subject to separate terms between you and the company or person concerned. If so, this Agreement does not affect your legal relationship with these other companies or individuals, but your activities with third parties on PPA Forums must still comply with this Agreement. PPA is in no way responsible for the third party web site or the service, and its associated content, and does not endorse any content available through the third party web site or service.
PPA Forum posting guidelines
The PPA Forum is an unmoderated forum. We’re a unique community with specific needs, so we’ve created a few ground rules and best practices to make this the best place it can be.
Before you get started
* Make sure you’ve read the PPA Forum Terms of Service.
Ground rules for interacting with others
* Be careful. Never share your email address or personal information in the forum. Please be cautious if you choose to contact others offline or ask others to contact you. We like you, and we want to ensure your safety, security, and privacy.
* Be nice to each other. This is a community of people who are poker enthusiasts, and we want to keep things friendly. Personal attacks and name-calling are not permitted. This behavior may result in a warning or removal from the community.
* Be prepared to fight abuse. We are all the keepers of this community. In order to keep it informative and fun, we need your help keeping things clean.
Ground rules for how to make posts
* Posts must be made by a person. We love nicknames (as long as they’re appropriate), but please keep in mind that user nicknames may not be an email address or a URL.
* Posts must be easy for others to read. Subject lines may not be in ALL CAPS or contain excessive punctuation. Posts may not contain unnecessary URLs. While you’re welcome to post a URL if you have troubleshooting questions related directly to the site, posts with excessive URLs will be removed. Members who post excessive URLs may be contacted by PPA or removed from the group.
* Posts must be labeled with the most appropriate category. This forum is organized by categories, so please choose the appropriate category for your question.
Ground rules for what to post
* Posts shouldn’t contain the types of materials listed below. If you post these types of content, you or your post may be removed from the group.
* Spam. In this forum, we’re all responsible for keeping the community spam-free. Spam includes, but is not limited to, any promotional, commercial, or adult content, multiple instances of the same post, posts with URLs unrelated to the question, and the transmission of malware, viruses, or anything that may disrupt service or harm others.
* Nudity and sexually explicit material. We don’t allow nudity or sexually explicit material. We also don’t allow content that drives traffic to commercial pornography sites.
* Violent or bullying behavior. Don’t threaten, harass, or bully other users. This includes using profanity to abuse others.
* Hate speech. We don’t allow the promotion of hatred toward groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
* Impersonation. We don’t allow impersonation of others or other behavior that is misleading or intended to be misleading.
* Private & confidential information. We don’t allow unauthorized publishing of people’s private and confidential information, such as credit card numbers, Social Security Numbers, driver’s and other license numbers, or any other information that is not publicly accessible.
* Copyright. We will respond to clear notices of alleged copyright infringement.
* Other inappropriate or off-topic material. We reserve the right to delete messages that are inappropriate or intentionally off-topic. This can include commercial advertisements or other promotions, excessive multi-postings, chain letters, and binary (non-text) posts.
By posting in this forum, you agree to abide by the aforementioned rules. Breaking these rules may result in your post being removed, and severe abuses may lead to harsher penalties. Please read the PPA Forum Terms of Service for further guidance. We reserve the right to change these rules at any point in our efforts to keep the forum clean, user-friendly, and safe. If you believe that someone is violating these posting guidelines, use the Report Abuse link on the post. If you click Report Abuse, we’ll try to promptly review your report and take action if appropriate.
As of May 19, 2008
Please read this USER Agreement (the “Agreement”) carefully before enrolling as a USER of the OneBigPlanet® Corp. Advantages Program (the “Program” A USER constitutes a registered member to the Program. This Agreement explains the terms and conditions governing membership in the Program (the “Program Terms and Conditions”), and it is your responsibility to read and understand them. Enrollment is defined as providing OneBigPlanet® Corp. with your valid email address and a password in which to access your account, as well as any and all requisite USER contact information requested by OneBigPlanet® Corp. Participation in the Program and its benefits are offered at the discretion of OneBigPlanet® Corp.., and OneBigPlanet® Corp. has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
Further, this USER Agreement (“Agreement”) constitutes a binding legal agreement between you and ONEBIGPLANET® CORP. regarding your use of the Program. Please read this Agreement carefully. By registering for or using the Program, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Program.
BEFORE YOU SELECT THE “I ACCEPT AND AGREE” CHECK BOX, CAREFULLY READ THE TERMS OF THIS AGREEMENT. BY CHECKING THE “I ACCEPT AND AGREE” BOX AND CLICKING THE JOIN BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE “I ACCEPT AND AGREE” CHECK BOX AND CLICK THE JOIN BUTTON.
The terms “you,” “your,” “USER” and “yours” refer to you, the customer using the Program. The terms “ONEBIGPLANET® ,” “we,” “us,” and “our” refer to OneBigPlanet® Corp.
ELIGIBILITY AND ACCESS TO ADVANTAGES
You must be an individual, 18 years of age or older.
A USER must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of OneBigPlanet® Corp. You may maintain only one account. Any duplicate accounts will be subject to cancellation by ONEBIGPLANET®.
The Program is only available via access to the ONEBIGPLANET® Advantages Web site (http://www.OneBigPlanet®.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. ONEBIGPLANET® is not responsible for your inability to: connect to or have access to the Internet; log into the ONEBIGPLANET® Web site; or access your ONEBIGPLANET® account. You must have Internet access and an e-mail address to be eligible to receive the privileges and benefits of membership. Furthermore, the following conditions apply: (a) Access to the site requires you to use a personal identification number (“PIN”) that will be provided to you at login. You agree to keep your PIN confidential and not share it with anyone else; (b) The site contains links to third-party services and resources. ONEBIGPLANET® does not control the availability, security, and content of third-party sites. ONEBIGPLANET® is not responsible for, any third-party content that may be linked or accessed through other websites.
Any concerns regarding any such service or resource, or any link to any such service or resources, should be directed to the particular third-party service or source that provides the site; and (c) Offers may have expiration dates or restrictions on days or dates of usage (i.e., black-out periods) that limit validity. Please read rules of use for each Affiliated Merchant’s offer carefully.
For more information, please visit the online help area of the web site to see the “Frequently Asked Questions” section; or click on the “Help” icon at the top of the web site for assistance.
By agreeing to these terms and conditions, you also agree not to ‘spam’ unknown individuals by sending them unwanted emails to solicit their membership at ONEBIGPLANET®. Refusal to abide by this or any other rules outlined herein may result in ONEBIGPLANET® revoking or canceling your membership.
USER purchases made through the ONEBIGPLANET® Affiliated Merchants will be deemed a “Qualified Purchase” in which tangible discounts or other benefits (herein, “Advantages”) in purchase price will be applied to the purchase, at the time of purchase by USER. All said Advantages will be subject to award if and only if all of the following criteria are satisfied: (a) “Cookies”, both first and third party (if applicable), must be enabled on your Web browser; (b) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant’s link that appears on the ONEBIGPLANET® Web site and being successfully connected to the Affiliated Merchant’s Web site based upon that click. TO receive all advantages, USERS must start their shopping trip at the ONEBIGPLANET® website; (c) ONEBIGPLANET® will route your request to a merchant site through specific links, to insure your advantage. Any alteration of these links will invalidate your advantage and/or possibly sale, which will not be deemed a Qualified Purchase; and (d) Users must not use coupons not listed on the ONEBIGPLANET® website.
The determination of whether or not a purchase made through a ONEBIGPLANET® Affiliated Merchant is a “Qualified Purchase” is at the sole discretion of ONEBIGPLANET® and/or the Affiliated Merchant.
Advantages awarded to USERS are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to USER’s qualified purchase at any time by an Affiliated Merchant at its sole discretion. Should you disagree with any of these adjustments made to your “Qualified Purchase”, your sole remedy is to resolve the matter directly with the respective Affiliated Merchant.
USERS may be taxed on “Qualified Purchases” based on the tax laws of federal, state, and local jurisdictions. In all instances, USERS will be solely responsible for any and all tax liability.
From time to time, there may be Affiliated Merchants who do not offer Advantages to respective USERS. This is not contestable or disputable by the USER.
It is the USER’s responsibility to verify that Advantages have been applied to a Qualified Purchase. If USER does not believe that Advantages were not correctly applied to his/her respective Qualified Purchase, USER’s sole remedy is to resolve the matter directly with the respective Affiliated Merchant.
ONEBIGPLANET® is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of Advantages caused by such changes, discontinuance, or withdrawal. ONEBIGPLANET® is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the USER’s responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the ONEBIGPLANET® site, we cannot guarantee that you will be eligible to receive a ONEBIGPLANET® Advantage on your purchases.
ACCOUNT ACCESS AND PASSWORD
Upon registration to the Program, you will be given a pin number (password) that will allow you to access your ONEBIGPLANET® account (via the ONEBIGPLANET® Web site) to identify Advantages, receive Advantages, and modify your account information. USER’s must be logged into his/her respective account, in order to make changes.
ONEBIGPLANET® reserves the right to terminate any account for abusive or fraudulent activity, or if the USER is no longer reachable at the e-mail address provided
ONEBIGPLANET® is entitled to act on instructions received under your personal identification number (herein, “pin number,” otherwise referred to as a password). For security purposes, it is recommended that you memorize your pin number, and do not write it down. You are responsible for keeping confidential any pin number for your USER account and ONEBIGPLANET® is not responsible for USERS who share or lose their respective pin numbers. A USER must report to ONEBIGPLANET® immediately, if anyone uses your account without your consent, or you discover any security breach that relates to your USER account, email address and other account information.
You authorize ONEBIGPLANET® to only disclose to third parties information you have provided, or information that ONEBIGPLANET® has obtained about your ONEBIGPLANET® account or shopping behavior: (i) to agents and licensors of ONEBIGPLANET® or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption of your Advantages. Further, you authorize ONEBIGPLANET® to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to ONEBIGPLANET®. You agree to authorize ONEBIGPLANET® to collect and use non-personalized marketing information regarding visits and purchases made from the Affiliated Merchants internet commerce sites.
(a) By signing up for usage at ONEBIGPLANET®, you agree to receive communication from ONEBIGPLANET® (e.g., e-mail newsletters, Advantages from merchants, new or updated services and features, etc.), as well as to receive periodic shopping-related emails that highlight coupons and special deals that are available to ONEBIGPLANET® USERS. Furthermore, you hereby agree to receive communications that constitute Merchant Affiliated specials, promotions, advertisements, correspondences, etc. You can opt-out of receiving emails that are not account-related by following the unsubscribe link on any of the emails. Since we must communicate account information with you in order to operate our service, you may not “unsubscribe” from account information emails. But rest assured that we don’t send account emails unnecessarily. If you don’t wish to ever hear from us, even if just to hear that we have update(s) to your account or sometimes to offer you free advantages, you can terminate or cancel your account by sending an email to customer service. Please know we are only interested in offering you convenient online services that match your interests and needs.
THE ONEBIGPLANET® PROGRAM ARE BEING PROVIDED TO USER “AS IS” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONEBIGPLANET® DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ONEBIGPLANET® DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH ONEBIGPLANET® INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE ONEBIGPLANET® WEB SITE, ONEBIGPLANET® DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ONEBIGPLANET® DOES NOT WARRANT THAT ACCESS TO THIS SITE AND/OR USE OF CURRENT OR FUTURE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ONEBIGPLANET® ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE CURRENT OR FUTURE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR PURCHASE ITEMS WITH AN AFFILIATED MERCHANT.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH ONEBIGPLANET® HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A “CORPORATE PARTICIPANT”) BE LIABLE TO YOU FOR NON-PERFORMANCE OF ONEBIGPLANET® OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY ONEBIGPLANET®. IN NO EVENT SHALL ONEBIGPLANET® BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY ONEBIGPLANET® IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF ONEBIGPLANET®, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
USER AGREES TO INDEMNIFY AND HOLD ONEBIGPLANET®, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY USER, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE PROGRAM USING THE USER’S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY USER COMMUNICATIONS.
TERMINATION OR CHANGES TO THE PROGRAM
ONEBIGPLANET® reserves the right to terminate the Program at any time with notice. This means USERS will receive 30 days notice of Program termination. Notification of Program termination will be sent to the email address you provided to ONEBIGPLANET® during the registration process. ONEBIGPLANET® will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of ONEBIGPLANET®, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform ONEBIGPLANET® of a change in your email address.
ONEBIGPLANET® may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the USER Agreement page of the ONEBIGPLANET® Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
TERMINATION OF USAGE
Usage of and Participation in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the redemption of Advantages, or any misrepresentation of any information furnished to ONEBIGPLANET® or its affiliates by you, or anyone acting on your behalf, may result in the termination of your usage of and participation in the Program, cancellation of your ONEBIGPLANET® USER account. ONEBIGPLANET® also reserves the right to close accounts that have been inactive for more than 6 months. We call these ‘Dead Accounts’. Inactivity is defined as no tracked visits, either through tracking of cookies or manually logged in. For any Dead Account, ONEBIGPLANET® will no longer allow user login under that username and password.
All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, must be submitted in writing to ONEBIGPLANET® at: Customer Service, ONEBIGPLANET® Corp., 244 Madison Avenue, #729, New York, NY 10016; or [email protected] All disputes, interpretations of Program Terms and Conditions shall be resolved by ONEBIGPLANET® at its sole discretion. ONEBIGPLANET® will respond to USERS, via email or snail mail if USER requests it, no more than thirty days after receipt of their question(s) or dispute(s). USER must provide a valid email address and/or snail mail address in order to receive a response from ONEBIGPLANET® customer service.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. As a condition of the use of the ONEBIGPLANET® website and service, you (the USER) agree to submit to the personal and exclusive jurisdiction of the courts located within New York and therefore agree to file any grievance or suit of any kind exclusively in the courts located within New York. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. ONEBIGPLANET®’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between ONEBIGPLANET® and the Affiliated Merchants or between ONEBIGPLANET® and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on ONEBIGPLANET®’s behalf. This Agreement constitutes the entire agreement between you and ONEBIGPLANET® with respect to the Program.