If at any time you do not agree to these Terms and Conditions, please exit the Website and do not proceed to access and use the Website.
Privacy and Security Statement
Limited Right to Access and Use Website
General. You may access and use the Website only for the lawful commercial purposes intended by PlanetMagpie in providing the Website. Any unauthorized access or use of any portion of the Website, its content, data, computers or networks, or interference with any operation of the Website, or interception of any communication from or to the Website, or any attempt to do one or more of these or other unauthorized or unlawful acts, is strictly prohibited.
USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR USE
All access and use of the Website, its contents, products and services are at your own risk.
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS PLANETMAGPIE, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR USE (OR MISUSE) OF THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM PLANETMAGPIE, ITS AFFILIATES, REPRESENTATIVES, SPONSORS AND/OR SUPPLIERS.
Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN WRITING BY PLANETMAGPIE, THE WEBSITE, THE CONTENTS OF THE WEBSITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PLANETMAGPIE, EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THE WEBSITE AND ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND COMPLETENESS OF ANY INFORMATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT.
Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
Despite commercially reasonable efforts:
- PlanetMagpie does not warrant that the access, use, function or operation of the website will be uninterrupted or error-free, that defects will not exist or be corrected, or that the Website or its servers will be completely free of all viruses or other harmful elements; and
- PlanetMagpie does not warrant that the information accessible on the Website is accurate, complete, current or error free.
Limitation of Liability; Liquidated Damages
Neither PlanetMagpie, its affiliates, nor their respective officers, directors, employees, shareholders, representatives, sponsors, vendors or any other party involved in providing the Website, its content and products and services shall be liable for any damages or losses of any kind, including without limitation, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or related to the access or use of (or inability to access or use) the Website or any product or service made available via the Website by PlanetMagpie, or its business affiliates.
PlanetMagpie assumes no liability and shall not be liable for any damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property, personal injury, or claims of third parties. In the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall PlanetMagpie’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed one hundred dollars ($100).
Ownership, Website and Content. The website and its contents belong exclusively to PlanetMagpie, its sponsors, business affiliates and their respective licensors. The Website and its contents are protected by United States of America and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of the website, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial authorized business use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you along with proper source attribution.
Trademarks. The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively "Trademarks") displayed on the website belong to PlanetMagpie, its sponsors, partners, business affiliates and their respective licensors or other owners. Nothing contained on the Website shall be construed as granting or conveying any interest, license or right to use or own any Trademarks. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.
Copyright Complaints - "DMCA Notice"
If you believe that any content or material on the website infringes a copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA):
Designated Agent for Receiving Notice of Claimed Infringement:
- Service Provider: PlanetMagpie
- Name of Agent: DMCA Designated Agent
- Full Address of Designated Agent to Whom Notification Should be Sent: 2762 Bayview Drive, Fremont, CA 94538-6518
- Telephone Number of Designated Agent: 510-344-1200
- Facsimile Number of Designated Agent: 510-498-5829
- Email Address of Designated Agent: email@example.com
Linking to Third Party Sites
As a matter of convenience to visitors, the Website may contain links to other third party websites (i.e., sites not owned or controlled by PlanetMagpie). No link to another website shall imply any endorsement or sponsorship of the third party website, its owner or operator, or any products or services. PlanetMagpie is not responsible for the content of or any links contained on any other website. Your access and use of any other website is entirely at your own risk. Under no circumstances will PlanetMagpie be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other website.
Linking to this Site
PlanetMagpie does not generally object to links to the home page of www.planetmagpie.com from third party sites. However, absent an express written agreement to the contrary, all third party links to the home page of this website must be in accordance with the following terms and conditions. A third party link may only link to the home page of www.planetmagpie.com using the plain text version of “PlanetMagpie,” or the plain text version of the website name “www.planetmagpie.com.” No content from the website may be incorporated into the third-party website by any means (e.g., by in-lining or framing); (b) no Trademark of PlanetMagpie, may be used as any "metatag," “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select websites or pages. PlanetMagpie will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful websites, or any website that may adversely affect the name, reputation and goodwill of PlanetMagpie, and its products and services, as PlanetMagpie shall determine in its sole discretion. PlanetMagpie reserves the right to cancel permission to link to the Website at any time, for any reason, in its sole discretion.
The Website is intended for international users. However, PlanetMagpie makes no representation that products, services, promotions, materials, offers, information and other content on the Website are appropriate or available in all locations.
Complete Agreement; Severability; Amendments; Waiver; Headings
Waiver. No term or condition may be waived by any party except in writing signed by the party to be bound.
Electronic Signature and Consent to Electronic Records
If you do not consent to the use of electronic records, do not proceed to access and use the Website for any transaction or other activity which may require the completion or formation of an electronic record to confirm or carry out the transaction or activity.
Withdrawing Consent or Updating Electronic Records: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact PlanetMagpie at 510-344-1200 or by email at firstname.lastname@example.org. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this Website that require the completion or formation of an electronic record.
You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your recordkeeping any email received that confirms a transaction, registration or other online activity related to the Website.
Printed Copy: To obtain a printed copy of an electronic record, please contact PlanetMagpie, at the above-identified contact email address or phone number. PlanetMagpie will accommodate all reasonable requests for a printed copy of electronic records. PlanetMagpie reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.
© PlanetMagpie. All rights reserved.