ATTENTION: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FIFTEEN REASONS, LLC ("Fifteen Reasons").. PLEASE READ THESE TERMS CAREFULLY. USING THE FIFTEEN REASONS, LLC. SERVICE ("Planypus") AS A MEMBER, INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SERVICE. THE TERMS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY FIFTEEN REASONS, LLC. AT ANY TIME, WITHOUT NOTICE.
The short version: respect your fellow users, respect the site, respect yourself. Don't do anything stupid or nasty, or we reserve the right to kick you off. You agree not to hold us responsible in any way, legally, financially, or otherwise, for anything that happens to you or to anyone else while or as a result of using Planypus.
and now the long version...
1. Eligibility.
You must be
eighteen years of age or over to become a member or to use this service. Membership of the
service is void where prohibited. By using this service, you represent and
warrant that you have the right, authority and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this
Agreement.
2. Term.
This Agreement will
remain in full force and effect while you use the service and/or are a member.
Either you or Fifteen Reasons, LLC. may terminate your membership at any time,
for any reason, without explanation. Fifteen Reasons, LLC. reserves the right
but not the obligation to immediately suspend or terminate your access to the
Fifteen Reasons, LLC. service, without notice at its sole discretion for any
reason.
3. Membership.
a. You agree
to provide true, accurate, current, and complete information about yourself on
your profile and all other Content, as defined below, including but not limited
to your contact information. You agree to maintain and update all information
posted by you anywhere on Fifteen Reasons, LLC. and to keep it true, current,
and complete. If any information provided by you is untrue, inaccurate,
noncurrent, or incomplete, Fifteen Reasons, LLC. has the right but not the
obligation to terminate your account and refuse any and all current or future
use of Fifteen Reasons, LLC.. Members are entitled to have one membership account on
Fifteen Reasons, LLC.. Fifteen Reasons, LLC. reserves the right but not the
obligation to take all legal actions against any individual who attempts to have
multiple memberships.
b. Any premium membership purchased
shall be final and nonrefundable unless otherwise stated at the time of purchase.
Should a member in any manner violate these
terms of service, Fifteen Reasons, LLC. has the right but not the obligation to
terminate your membership with no refund for the unused portion of your premium
membership period. Should a member choose to terminate his or her premium
membership, no refund shall be provided for the unused portion of
membership.
4. Content Posted On Planypus..
a. You understand and agree that Fifteen
Reasons, LLC. reserves the right but not the obligation to monitor and
subsequently delete (including termination of membership itself) any and all
content, public postings, messages between members, photos, and profiles, on the
Fifteen Reasons, LLC. website (Collectively, "Content") that in the sole
judgment of Fifteen Reasons, LLC. violate this Agreement or which might be
offensive, illegal or that might violate the rights, harm or threaten the safety
of Fifteen Reasons, LLC. and/or its members.
b. You are solely responsible for the Content
that you publish or display on the Fifteen Reasons, LLC. service, or transmit to
other members.
c. By posting Content on any public area of
Planypus, you automatically grant, and represent and warrant that
you have the right to grant, to Fifteen Reasons, LLC. and other members an
irrevocable, perpetual, non-exclusive, fully-paid, world-wide license to use,
copy, perform, display and distribute such information and Content and to
prepare derivative works of, or incorporate into other works, such information
and Content, and to grant and authorize sublicenses of the foregoing.
d. Opinions, advice, statements, offers, advertisements or
other information or Content made available through the Fifteen Reasons, LLC.
service, but not directly by Fifteen Reasons, LLC., are those of their
respective authors, and should not necessarily be relied upon. Such authors are
solely responsible for such content. Fifteen Reasons, LLC. does not guarantee
the accuracy, completeness, or usefulness of any information on the service and
neither adopts nor endorses nor is responsible for the accuracy or reliability
of any opinion, advice, statement or Content made by members. Under no
circumstances will Fifteen Reasons, LLC. be responsible for any loss or damage
resulting from anyone's reliance on Content or other information posted on the
Fifteen Reasons, LLC. service, or transmitted to Fifteen Reasons, LLC. members.
Fifteen Reasons, LLC. is not responsible for the use of any personal information
that you disclose on the service. Please carefully select the type of
information that you post on the Fifteen Reasons, LLC. service or release to
others.
e. The following is a partial list of the kind of
Content that is illegal or prohibited on the website. Fifteen Reasons, LLC. may
but will not be obligated to investigate and take appropriate legal action in
its sole discretion against anyone who violates this Agreement, including
without limitation, removing the offending communication from the service and
terminating the membership of such violators. If Content:
(i)
is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
(i) harasses or advocates harassment of
another person;
(ii) involves the transmission of "junk
mail", "chain letters", or unsolicited mass mailing or "spamming";
(iii) promotes information that you know is false, misleading
or promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
(iv) promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
(v) contains restricted or password
only access pages, or hidden pages or images (those not linked to or from
another accessible page);
(vi) displays pornographic or
sexually explicit material of any kind;
(vii) provides
material that exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18;
(viii)
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
(ix) solicits passwords or personal
identifying information for commercial or unlawful purposes from other members
or users; and
(x) engages in commercial activities and/or
sales without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes;
(xi) contains any personal
contact information, such as, but not limited to e-mail address, internet links,
instant message screen names, phone #s, and your full real name.
f. You must use the Fifteen Reasons, LLC. service in a
manner consistent with any and all applicable laws and
regulations.
g. You may not engage in advertising to, or
solicitation of, other members to buy or sell any products or services through
the service. You will not transmit any chain letters or junk e-mail to other
Fifteen Reasons, LLC. members. Although Fifteen Reasons, LLC. can not monitor
the conduct of its members or users outside of the Fifteen Reasons, LLC.
website, it is also a violation of these rules to use any information obtained
from the service in order to harass, abuse, or harm another person, or in order
to contact, advertise to, solicit or sell to any member or user without their
prior explicit consent.
5. Limitations on Liability.
You acknowledge and accept that:
a.
Fifteen Reasons, LLC. cannot and does not ensure the personal security or
privacy of any member as a consequence of any members' contact, meeting or
encounter with any other individual through the Fifteen Reasons, LLC. service.
Further, Fifteen Reasons, LLC. has performed no screening, background checks, or
verification of any information provided by its members, and it is the
responsibility of each member to take any steps deemed advisable to ensure their
personal safety and security. Any screening by Fifteen Reasons, LLC. is limited
to Content review without any investigation other than review of the Content
itself in other to protect the integrity of the service.
b.
Fifteen Reasons, LLC. is not liable for any damages, direct, indirect,
incidental and or consequential, arising out of the use of this service,
including without limitation damages arising out of communicating and or meeting
with other members of this service or introduced to you via this service, such
damages include without limitation, physical damages, bodily injury and or
emotional distress or discomfort.
c. Fifteen Reasons, LLC.
cannot ensure the security or privacy of information that you provide through
the Internet or your messages, and you release us from any and all liability in
connection with the use of information by other parties.
d.
Fifteen Reasons, LLC. is not responsible for the use by others of any
information which you provide to them, and you should use caution in selecting
the personal information you provide to others through Fifteen Reasons, LLC.,
and you release us from any and all liability in connection with the use of such
information.
e. Fifteen Reasons, LLC. cannot assume any
responsibility for the Content of any messages sent by other members, or
profiles or other content posted on Fifteen Reasons, LLC. in any manner, and you
release us from any and all liability in connection with the contents of any
communications you may receive from other members or users.
f. In no event will Fifteen Reasons, LLC. be liable to you
for any incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of data, loss of programs, cost of procurement of
substitute services or service interruptions) arising out of the use of or
inability to use the Fifteen Reasons, LLC. service, even if Fifteen Reasons,
LLC. or its agents or representatives know or have been advised of the
possibility of such damages.
g. In no event will Fifteen
Reasons, LLC. be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
lost profits arising from your use of the website or the Fifteen Reasons, LLC.
service, even if Fifteen Reasons, LLC. has been advised of the possibility of
such damages.
h. Notwithstanding anything to the contrary
contained herein, Fifteen Reasons, LLC.’s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Fifteen Reasons, LLC. for the
service during the term of membership.
6. Indemnity.
You agree to indemnify and hold Fifteen Reasons, LLC., its officers,
directors, employees, volunteers, affiliates, agents and other partners and
employees, harmless from any and all loss, liability, costs, expenses, claim or
demand, including all attorneys' fees, made by you or any third party due to or
arising out of use of the service in any manner, including but not limited to
violation of this Agreement or any breach of your representations and
warranties.
7. Commercial Use.
The service is
for the personal non-commercial use of individuals only and may not be used in connection with
any commercial endeavors without the express written approval of Fifteen Reasons, LLC.
Illegal and/or unauthorized uses of the service,
including also, unauthorized framing of or linking to the website will be
investigated and appropriate legal action will be taken, including without
limitation civil, criminal and injunctive redress.
8.
Proprietary Rights.
Fifteen Reasons, LLC. owns and retains other
proprietary rights on the Fifteen Reasons, LLC. website and the Fifteen Reasons,
LLC. service. The website contains the copyrighted material, trademarks, and
other proprietary information of Fifteen Reasons, LLC. and its licensors. In
addition, other members may post copyrighted information, which has copyright
protection whether or not it is identified as copyrighted. Except for that
information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, "Reverse Engineer" or sell any such proprietary
information.
9. Conflicts.
You are solely
responsible for your interactions with other Fifteen Reasons, LLC. members or
users. Fifteen Reasons, LLC. reserves the right, but has no obligation, to
monitor and investigate disputes between you and other members.
10. Disclaimers.
You acknowledge and accept
that:
a. Fifteen Reasons, LLC. is not responsible for any
incorrect or inaccurate Content posted anywhere on the website including in
correspondence between members and users, whether caused by members, users, or
by any of the equipment or programming associated with or utilized in the
service, nor for the conduct of any user and/or member or Fifteen Reasons, LLC.
whether online or off-line. Fifteen Reasons, LLC. does not guarantee delivery of
mail nor does it guarantee a response from members contacted through its
service.
b. Fifteen Reasons, LLC. assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member
communications.
c. Fifteen Reasons, LLC. is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer on-line-systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any website or combination thereof, including
injury or damage to users and/or members or to any other person's computer
related to or resulting from participating or downloading materials in
connection with the Fifteen Reasons, LLC. website and/or in connection with the
Fifteen Reasons, LLC. service.
d. Under no circumstances will
Fifteen Reasons, LLC. be responsible for any loss or damage resulting from
anyone's use of the website or the service and/or any Content posted on the
Fifteen Reasons, LLC. website or transmitted to Fifteen Reasons, LLC.
members.
e. The website and the service are provided "AS-IS"
and Fifteen Reasons, LLC. expressly disclaims any warranty of fitness for a
particular purpose or non-infringement or implied warranties of
merchantability.
f. Fifteen Reasons, LLC. cannot guarantee
and does not promise any specific results from use of the website and/or the
Fifteen Reasons, LLC. service.
g. Fifteen Reasons, LLC. does
not warrant that any defects in the service will be corrected.
11. U.S. Export
Controls.
Software from this website is further subject to United
States export controls. No software from this website may be downloaded or
otherwise exported or re-exported (i) into (or to a national or resident of) any
Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such
list.
12. Modification.
Fifteen Reasons, LLC.
reserves the right to change any of the terms and conditions in this agreement,
at any time and in its sole discretion.
13.
Assignment.
Neither the rights nor the obligations arising under this
Agreement are assignable or transferable by you, and any such attempted
assignment or transfer shall be void and without effect. Fifteen Reasons, LLC.
may assign this Agreement to any successor, affiliate or assignee.
14. Choice of Law, Venue, Jurisdiction, Costs.
If
there is any dispute about or involving the website and/or the service, by using
the service, you agree that the dispute will be governed by the laws of the
State of Illinois without regard to its conflict of law provisions. You agree
to personal jurisdiction by and venue solely in the County of Cook, State of
Illinois. In the event of any dispute, should Fifteen Reasons, LLC. prevail,
you will be responsible for all costs, expenses and attorneys fees incurred by
Fifteen Reasons, LLC.. Under no circumstances will Fifteen Reasons, LLC. be
responsible for any cost, expenses or attorneys fees incurred by you.
15. Entire Agreement.
This Agreement, accepted upon
use of the service and or membership of Fifteen Reasons, LLC., contains the
entire agreement between you and Fifteen Reasons, LLC. regarding the use of the
website and/or the service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
16. Headings.
The headings used in this Agreement
are for reference only and should not be relied upon for legal content.
17. Survival.
Fifteen
Reasons, LLC.’s limitation on liabilities, any representations and or warranties
provided by you, all indemnity provided by you and all provisions governing any
conflict between you and Fifteen Reasons, LLC. will survive the term of this
Agreement.