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- Minor children under the age of 18 who wish to use the Service must obtain permission from their parents and their parents must agree to these Terms. You (the parent) must register an account in connection with the Service and add your child or children to your (the parent's) account and certify that you are the legal guardian of the child/children listed on the account. By adding a child to your account, you also give your child permission to access the Service in its entirety. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether the Service and/or Site Content (as defined below) are appropriate for your child.
- You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that is posted under your screen names (collectively, "User Content") including the consequences of posting or publishing such User Content.
- You must provide accurate, current and complete information about yourself when registering for an account in connection with the Service ("Registration Data"). You must also update your Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete.
- You are responsible for ensuring that no unauthorized persons have access to your account.
- You may not post advertisements. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You must not upload, transmit, post or otherwise share any content that: violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights. contains libelous, defamatory, or otherwise unlawful material.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- Planscoopit may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- You must not create or submit unwanted email or other messages to any Planscoopit user ("Spam").
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Planscoopit, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You grant the Company and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) and/or to incorporate such your User Content in other works in any form, media, or technology now known or later developed. You also grant each user of the Service the right to access, display, view, store and reproduce your User Content for personal use. The Company may sublicense its rights through multiple tiers of sublicenses. By submitting User Content of any kind through or in connection with the Service, you represent and warrant to the Company that you have the right to submit such User Content, grant the licenses stated above, and that the User Content is non-confidential for all purposes.
- We're not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees).
- We reserve the right to modify or terminate the Service or your account without notice at anytime.
- We reserve the right to change the fee for use of the Service, or any part of the Site, at any future date by providing notice to users.
- All rights not expressly granted herein are reserved to Company and its licensors.
- The company can add content to the upload of a user to enrich the experience of other users without notification.
USER GENERATED CONTENT
1. Planscoopit is set up to display content generated by users (“User Generated Content”). We don’t review, and cannot review, all of the content accessible via Planscoopit, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. Planscoopit may (but hopefully won’t) display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Each user chooses, and is responsible for, the content that is uploaded via Planscoopit, and your access of User Generated Content is solely at your own risk.
If you submit content to or via Planscoopit, you agree to the
(a) you will only upload content that you own or are permitted to upload having obtained the necessary license or permission to use it, as well as the right to sublicense the content to us, without limitation;
(b) you grant us a revocable, non-exclusive, royalty-free, worldwide and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content you upload to Planscoopit, including the right to sub-license use of the content, in any medium or method, whether now known or hereafter devised;
(c) you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights;
(d) you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via Planscoopit
(e) you will not upload another person’s sensitive personal data without their consent;
(f) you will not upload any content which you know is false, or is defamatory, libelous, deceptive, invasive of another’s privacy, tortious, pornographic, profane, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate, or contains or depicts nudity or sexual activity; and
(g) you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.
If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use Planscoopit
1. The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
2. We claim no intellectual property rights over the material you provide through or in connection with the Service. Your profile and the materials you upload remain yours. You can remove your profile at any time by deleting your account. This will also remove any text, images or other content you have stored through or in connection with the Service.
1. The Company undertakes to obey all relevant copyright laws. If you are a copyright owner or an agent thereof and believe any materials accessible through or in connection with the Service infringes your copyright, pursuant to the Digital Millennium Copyright Act ("DMCA") you may request removal of those materials (or access thereto) from the Service by contacting the Company's copyright agent (identified below) and providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A description of the copyrighted work claimed to have been infringed
b. A description of the infringing material and information reasonably sufficient to permit the Company to locate the material
c. Your contact information, including your address, telephone number, and email
d. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
e. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
f. Claims can be submitted via email at email@example.com person authorized to act on the copyright owner's behalf;
g. If you believe that any User Content that you submitted through or in connection with the Service and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to the Company's agent for copyright issues:
h. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
i. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
j. Your name, address, telephone number, and email address, a statement that you consent to our jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
k. Your physical or electronic signature
The Company's agent for copyright issues relating to the Service is as follows:
If a counter-notice is received by the Company's agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion. In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of the account of users of the Service who are repeat infringers.
THE REMOVAL OF A USER
The service provider has the right to remove any users from Planscoop.it community and terminate their right of use of the service without any specific reason and without being liable for compensation.
THE SUBSCRIPTION SERVICE
"Billing Period" means the period for which you agree to pay the fee. For example, if you subscribe to the Subscription Service for a one (1) year Initial Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“Confidential Information” means all information provided by you or us ("Discloser") to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.
"Subscription Fee" means the amount you pay for the Subscription Service.
"Subscription Service" means our access to Planscoop.it to interact with other users.
"Subscription Term" means the Initial Subscription Term and all Renewal Subscription Terms.
"Users" means “You”. "You", " means the person or entity using the Subscription Service and identified in the applicable billing statement, online subscription process with Paypal.
a. Access. During the Subscription Term, we will provide you access to use the Subscription Service as described in this Agreement.
c. Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Subscription Service that materially reduce the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.
b. Payment by credit card. If you are paying by credit card, you authorize us to charge your credit card or bank account for the fee payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
c. Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Paypal account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement.
a. Initial Subscription Term. The initial subscription term shall begin on the effective date of your subscription and expire at the end of the period selected during the subscription process ("Initial Subscription Term").
b. Renewal Subscription Term. You can cancel your subscription at anytime. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team at firstname.lastname@example.org. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
a. Termination for Cause. Either party may terminate this Agreement for cause: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
b. Suspension for Prohibited Acts. We may suspend any User’s access to the Subscription Service for: (i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (ii) use of the Hackagain.com email send service that results in excessive bounce-backs, SPAM notices or requests for removal from a mailing list by recipients, or (iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.
c. Suspension for Non-Payment. We may suspend your access to all or any part of the Subscription Service upon ten (10) after non-payment of any amount past due. If the Subscription Service is suspended for non-payment, we will need to reopen a new account.
No guarantees of the functioning of the Planscoop.it community service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE IN CONNECTION WITH AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SERVICE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICE WILL BE AVAILABLE, OR THAT DATA PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE WILL BE SECURE FROM UNAUTHORIZED ACCESS.
PLANSCOOPIT MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, PHOTOS, COMMENTS, FOOD AND DRINK DESCRIPTIONS, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, PLANSCOOPIT IS NOT LIABLE TO YOU FOR ANY LOSS, INJURY, OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, COMMENTS, FOOD AND DRINK DESCRIPTIONS, PHOTOS, OR THE SAFETY OR SECURITY OF THE SERVICE. PLANSCOOPIT EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY
- INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES
- LOSS OF PROFITS
- BUSINESS INTERRUPTION
- LOSS OF OR DAMAGE TO REPUTATION OF INSIDE TRAVEL GUIDES OR ANY THIRD PARTY, OR
- LOSS OF INFORMATION OR DATA.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS THROUGH OR IN CONNECTION WITH THE SERVICE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, LOSS OF DATA, OR PERSONAL INJURY WHETHER IN AN ACTION UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT RELATED TO THE SERVICE, EVEN IF THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CONTENT OF ITS USERS. YOU ALSO AGREE THAT (1) THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE THE SERVICE AND (2) THE COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE THE SERVICE, AND YOU SHALL BE SOLEY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THESE TERMS, OR FEEL THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE DOLLAR (US$1) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.