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TERMS OF SERVICE
Local Planet is a web site whose purpose is to inspire, incite people to post their unique finds, and invaluable links on design sustainability and social consciousness with a community that is curious about the world and the forces shaping it.
By visiting, registering, accessing or using any services ("Services") developed, operated, maintained or hosted by Local Planet, LLC (“Local Planet”) including all websites and IP addresses available at and configured for use at http://www.localplanet.com(the “Site”), you agree to be bound to the following terms and conditions ("Terms of Service"). Local Planet may modify, suspend or discontinue the Services at any time, for any reason, in its sole discretion.
Local Planet reserves the right to change, update and revise its Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service at http://www.localplanet.com/policies. Any modifications that we make will become effective immediately upon posting and your continued use of Local Planet’s Service following the posting of any changes to its Terms of Service constitutes your acceptance of such changes and your consent and agreement to be bound by them.
The Site and Services are intended for Adult use only. All users must be 13 years or older to access and use the Services. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Local Planet will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
ACCOUNT USERNAME AND PASSWORD
- You need to create an account with Local Planet in order to publish Content on the Site. When establishing an account, you will need to create a username and password.
- Local Planet is not responsible for maintaining the security of your username and password, except to the sole extent whereby the username and password are maintained and stored within a Local Planet server or computer. It is your responsibility to notify Local Planet if you believe your username or password have been compromised or used in an unauthorized manner. Local Planet assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
- You are responsible for all activity and usage of the Services and for all content created on, posted to or accessed under your username and password, unless such use of the username and password were made by an unauthorized third party due as a direct result of a breach by Local Planet of its obligation to adequately protect and secure this confidential information.
- You agree not to share your username and password with other people. Each user account may only be used by one person, and each person may have only one account.
- You must provide a name, valid email address and other information necessary to register for the Services. You agree to provide true and accurate information to register for the Services. You agree not to impersonate any person or entity, use a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. Local Planet reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
- Local Planet reserves the right to refuse, restrict, suspend or terminate any user’s use of the Services at any time, for any reason, without notice, and in its sole discretion, and may do so for such user’s failure to abide by our Terms of Service or any other terms or conditions posted anywhere on the Site. If your account has been previously terminated, you are prohibited from registering for a new account and from designating any other person to create an account on your behalf.
- You agree not to upload, post, email or transmit otherwise any other unlawful unsolicited email including "spam" to Local Planet or any users of the Services.
- You agree not to knowingly upload, post, email or transmit otherwise any material that contains, software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Services.
- You agree not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive, defamatory or obscene. Local Planet, in its sole discretion, may remove Content and block user access to any Content that it determines to be illegal, threatening, pornographic, abusive, obscene, defamatory or in violation of another party's intellectual property.
- You agree not to "reverse engineer," change, modify, hack, make derivative works, exploit, or crack any portion of the Services for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
- You agree not "crawl" or "spider" or release any automated software or service to obtain information stored, saved or contained on the Site or any web page as part of the Services.
- Without the express written permission of Local Planet, you agree not to upload, post, email or transmit otherwise any material that contains any advertising or solicitation with respect to any products or services.
You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Services. You may not violate any applicable law or regulation or post or transmit any materials that violate any applicable local law.
You acknowledge, understand and agree that Local Planet cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but Local Planet cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
Please be aware that whenever you voluntarily post public information to ratings, bulletin boards, chat rooms or any other public forums that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications and should be considered non-confidential. Local Planet does not control or endorse the Content, messages or information posted by users on the Site, and, therefore, Local Planet specifically disclaims any liability concerning any actions resulting from user’s participation in the Site and/or Services, including any objectionable Content. If particular web pages permit the submission of communications that will be treated by Local Planet as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, each user grants Local Planet the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
Local Planet respects the privacy of its users. Please read our Privacy Statement at http://www.localplanet.com/privacy, which forms part of these Terms of Service.
THIRD PARTY WEBSITES
The Site provides links to web sites and access to content, products and services of third parties, and Local Planet makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of web sites and content accessible from the Site, and you bear all risks associated with your access and use of such web sites and third party content, products and/or services. Further, links to third party web sites and content do not imply endorsement by or affiliation of Local Planet with any third party or any third party web site, products and/or services.
Local Planet does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Site. After posting your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Site, you hereby grant to Local Planet a royalty-free, perpetual, irrevocable, non-exclusive right and licenseto use, modify, publicly perform, publicly display, reproduce, sub-license and distribute such Content on and through the Site and Services and through any other form, media or technology now known or hereafter developed. You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Site or Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Site or Services.
We do not pre-screen Content, but Local Planet and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site or Services. Accordingly, you may be exposed through the Site or Services to Content that violates our policies or that you find offensive. You agree that you are using the Site and Services at your own risk.
INTELLECTUAL PROPERTY RIGHTS
This Site is protected under U.S. and international copyright laws. Copyright © 2010 Local Planet, LLC. All rights reserved. All of our company names, product names, service names and logos are owned by Local Planet. The Content on the Site (other than user generated Content), including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("Site Content"), are owned by or licensed to Local Planet and are subject to copyright, trademark, service mark, trade dress, patent and other intellectual property rights and protections under United States and foreign laws and international conventions. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners. Local Planet has not granted any license to you under any of its intellectual property rights as a result of your use of the Site, Services or by virtue of this Agreement. As between you and us, you retain any intellectual property rights in any Content that you generate, and Local Planet retains any intellectual property rights in any Site Content.
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is designated as Local Planet’s agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement:
From time to time we may offer special promotions, contests and/or sweepstakes (each a "Promotion") intended to provide you an incentive to purchase Certificates or to encourage you to get others to do so. We may also offer coupons (“Coupons”) for the purchase of goods or services from Merchants. The applicable rules will be posted on the Site in or near the description of each Promotion and/or Coupon. We reserve the right to interpret these rules and you agree to be bound by our interpretations.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCAL PLANET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, LOCAL PLANET MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED BY YOU AT YOUR OWN RISK. LOCAL PLANET SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, SOFTWARE, OR CONTENT.
LOCAL PLANET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LOCAL PLANET OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOCAL PLANET 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.
LOCAL PLANET IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY LOCAL PLANET. LOCAL PLANET RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE; HOWEVER, LOCAL PLANET ASSUMES NO OBLIGATION TO DO SO.
LIMITATION OF LIABILITIES
IN NO EVENT SHALL LOCAL PLANET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF LOCAL PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR SITE IS TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES; HOWEVER, TO THE EXTENT THAT A COURT DETERMINES THAT THE FOREGOING IS UNENFORCEABLE, THEN THE TOTAL LIABILITY OF LOCAL PLANET, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE OR SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
You agree to defend, indemnify, and hold harmless Local Planet, its advertisers, Merchants, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the Site, Services, and information or products from the Site; (b) your violation or breach of any of the Terms and Conditions or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that your Content has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site. Local Planet reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
In the event of an interruption of service, user agrees to hold Local Planet harmless and not liable for any minor, material or consequential loss to the user's business, practice or services.
The failure of Local Planet to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of Local Planet. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Local Planet shall be null and void.
These Terms of Service shall be governed in all respects by the laws of the State of Georgia, USA, without regard to its conflict of law provisions. All parties submit to jurisdiction in Atlanta, Georgia, USA and further agree that any cause of action arising under this Agreement shall be brought in a court located in Atlanta, Georgia, USA. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. Each User agrees that regardless of any statute or law to the contrary, any claim of action arising out of or related to use of the Site, Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
These Terms of Service comprise the entire agreement between you and Local Planet with respect to the use of the Services and supersede all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).
Please direct further questions or concerns about these Terms of Service to email@example.com
Last Updated: June 24, 2010
2. Types and Uses of Collected Information
We collect two types of information about our Website Users: “Personal Information”, which is information about you that is personally identifiable such as your name, e-mail address, user ID number, and other non-public information that is associated with the foregoing, and “Anonymous Information”, which is information that is not associated with or linked to your Personal Information and does not permit the identification of individual persons.
PERSONAL INFORMATION. Personal Information is information that identifies a specific User. When you engage in certain activities on the Website, such as creating or editing your account or user profile, ordering products or services from us or our Merchants, submitting content and/or posting content, signing up for or winning a contest or sweepstakes, filling out a survey, posting a comment or review, sending us or our partners feedback, or signing up for special offers or coupons from third parties through the Website, we may ask you to provide us with certain personal information about yourself, such as your name, password, gender, mailing address (including zip code), email address, telephone number and date of birth. In addition, when you order products or services, you will need to provide us with your billing information (credit card number, expiration date and authentication codes). Depending on the particular activity, some of the information we ask you to provide will be identified as required and some will be identified as voluntary. If you do not provide the required information for a particular activity, you will not be permitted to engage in that activity. We may also collect Personal Information about you and your friends who use Local Planet, from any social network you may have connected from. For instance, we may collect your user ID or profile information that you have permitted to be displayed through Local Planet in order to display you as a friend. We may also receive Personal Information about you from other sources with which you have registered, companies who we have partnered with, or other third parties. We may associate this information with the other Personal Information we have collected about you.
We also use Anonymous Information to troubleshoot, administer the Website and Services, analyze patterns, compile demographic information on our Users and visitors, comply with applicable law, and cooperate with law enforcement activities.
3. How we may Share Personal Information
Merchants. We may provide offers from particular merchants (“Merchants”) who, as part of the offer, request information on our customers who purchased the offer. In those cases, we may share some of your Personal Information with such Merchants, which will allow them to market directly to you. Please note that we will only provide your information to a Merchant if you “opt-in” to a certain Service, and, therefore, you will have a chance to decide whether we give the Merchant your Personal Information. We inform such Merchant’s that they are only permitted to communicate with you for the purposes of the specific promotion, however, the actions of such Merchant are not under our control, and we do not accept any responsibility or liability for the actions of such Merchant.
4. How we may Share Anonymous Information
We may disclose or share Anonymous Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personal Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below:
We use Third Party Advertising Companies to serve ads when you visit our Website. These companies may use Anonymous Information about your visits to our Website and other websites in order to provide advertisements about goods and services that may be of interest to you. Some of these Third Party Advertising Companies may be advertising networks that are members of the Network Advertising Initiative (“NAI”). If you would like more information about any NAI member company, or you would like to opt-out of targeted advertising from any NAI member company, click here: http://www.networkadvertising.org/consumer/opt_out.asp
We also may share Anonymous Information with Third Party Service Providers to track and analyze usage and volume information on our Users to administer our Website and improve its quality. We may also publish this information for promotional purposes or for attracting Advertisers. Please note that this information is only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.
5. Updating; Revising and Removing Information
You have a right to access, modify, correct and delete the data that has been collected about you by Local Planet. If you update any of your information, we may keep a copy of the information which you originally provided to us in our archives for the uses discussed herein. You may change any of your Personal Information by editing it in the profile setting page and may request deletion of your Personal Information by sending us an email at firstname.lastname@example.org. Because we keep track of past transactions, you cannot delete information associated with past transactions on the Website. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.
6. User Choices on Collection and Use of Information
As discussed above, you can always choose not to provide information, although it may be required to engage in certain activities on the Website.
As a condition to the purchase of our products and services, we will send you Administrative e-mails and Promotional e-mails. We will send you information regarding your account activity and purchases (“Administrative E-mails”) as well as updates about our products and promotional offers (“Promotional E-mails”). You cannot opt-out of Administrative E-mails, however, you do have a choice with respect to Promotional Emails. If you do not want to receive Promotional Emails, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at email@example.com, by writing to us at the address contained herein, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional E-mails you do not want to receive.
7. Security of Information
We take numerous precautions to protect the security of your Personal Information. You can access your Personal Information on our Website through a password and your e-mail address. This password is encrypted. We recommend that you do not share your password with anyone, and it is your responsibility to protect the security of your information. In addition, your Personal Information resides on a secure server that only selected personnel and contractors of Local Planet have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your Personal Information is safe as it is transmitted to us. Please note that emails and instant messaging and similar means of communication with other users of Local Planet are not encrypted and we strongly request you not to communicate any confidential information through these means.
No data transmission over the Internet or any wireless network is completely secure. Even though we employ commercially reasonable security measures to protect data, and seek to partner with companies which do the same, we cannot guarantee that any information transmitted to or from the Website will be completely secure, and are not responsible for the actions of any third parties that may receive any such information.
8. Data Tracking
In the course of serving advertisements or optimizing services to our Users, we may allow authorized third parties to place or recognize a unique cookie on your browser. Any information provided to third parties through such cookies will not be personally identifiable but may provide general segment information, e.g. your industry or geographic location, your occupation, or information about your professional or educational background, for greater customization of your user experience. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Unfortunately, if your browser settings do not allow cookies or you opt to refuse all cookies, you may not be able to use the Website or Services. Local Planet does not store personally identifiable information in the cookies.
Other Tracking Devices. We may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are small, transparent graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action and monitor information related to advertisements. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action and may direct you to the website of a third-party and/or advertiser. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes so that such persons may provide anonymous, aggregated auditing, research and reporting for advertisers as well as target ads to you while you visit other websites.
9. Third Party Privacy Policies
10. Miscellaneous Privacy Issues
Children. Minors under the age of 18 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. Local Planet does not sell products for purchase by children. In certain instances, we sell children's products for purchase by adults. If you are under 18, you may use Local Planet only with the involvement of a parent or guardian. By using Local Planet, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents’ permission to use Local Planet.
Public Disclosure. We may provide areas on our Website where you can publicly post information about yourself, can communicate with others, or can review products, services, restaurants, and submit content. This information may be accessible by other Users, consumers and companies and may appear on other websites or in web searches, and therefore this information could be read, collected, and used by others. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through the Website, this information may become publicly available and may be collected and used by others. For example, if you post your email address along with a public restaurant review, you may receive unsolicited messages. We have no control over who reads your postings or what other may do with the information you voluntarily post, and we will not have any obligations with respect to any information that you post to parts of the Website available to others, and we recommend that you use caution when giving out personal information to others in public forums online or otherwise.
11. Contacting Us