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User Agreement and
Terms Of Service |
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- ACCEPTANCE OF TERMS
1Pla.net ("1 Planet") provides it's ("SERVICE") to our CLIENT and/or
their assigns, parent and/or and successor companies ("CLIENT"),
subject to the following User Agreement and Terms of Service
("AGREEMENT"), which may be updated from time to time without notice
to CLIENT. In addition, when using particular 1 Planet services, you
and 1 Planet shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference
into the AGREEMENT. 1 Planet also may offer other services from time
to time, that are governed by additional Terms of Services.
- COMPLETE AGREEMENT
This AGREEMENT represents the complete and exclusive statement of
the agreements between 1 Planet and CLIENT and supersedes all prior
agreements and representations between them. The use of 1 Planet
SERVICE and THE WORK by CLIENT is expressly made conditional on CLIENT's assent to the terms set forth herein. 1 Planet agrees to
furnish the SERVICE and THE WORK only upon these terms.
- DESCRIPTION OF SERVICE
1 Planet provides CLIENT with access to a rich collection of
resources, the ("SERVICE"). Unless explicitly stated otherwise, any new features that
augment or enhance the current SERVICE, shall be subject to this
AGREEMENT. CLIENT understands and agrees that the SERVICE is
provided "AS-IS" and that 1 Planet assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any data or
settings for CLIENT.
- DESCRIPTION OF THE WORK
1 Planet provides CLIENT with various elements of design,
programming, pc hardware, pc software, handyman
services, source code, text, graphics, and artwork created and
maintained by 1 Planet for the use of CLIENT, collectively the
("THE WORK"). THE WORK elements include but are not limited to the
control panel, any and all modules exposed by the control panel,
shopping cart, publishing engine, advertising engine, bulk mailer,
database design, triggers, stored procedures, HTML programming, ASP
programming, JavaScript programming, and script components. Unless
explicitly stated otherwise, any new features that augment or
enhance the THE WORK, shall be subject to this AGREEMENT. CLIENT
understands and agrees that the THE WORK is provided "AS-IS" and
that 1 Planet assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any data or settings for
CLIENT.
- REGISTRATION OBLIGATIONS
In consideration of CLIENT's use of the SERVICE provided by 1
Planet, CLIENT agrees to: (a) provide true, accurate, current and
complete information about yourself as prompted by 1 Planet, such
information being the ("Registration Data") and (b) maintain and
promptly update the REGISTRATION DATA to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or 1 Planet has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, 1 Planet has the right to suspend or
terminate the SERVICE and refuse any and all current or future use
of the SERVICE (or any portion thereof).
- CONDUCT
CLIENT understands that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("CONTENT"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which
such Content originated. This means that CLIENT, and not 1 Planet,
are entirely responsible for all Content that it uploads, posts,
emails or otherwise transmits via the SERVICE. 1 Planet does not
control the Content posted via the SERVICE and, as such, does not
guarantee the accuracy, integrity or quality of such Content. CLIENT
understands that by using the SERVICE, they may be exposed to
CONTENT that is offensive, indecent or objectionable. Under no
circumstances will 1 Planet be liable in any way for any CONTENT,
including, but not limited to, for any errors or omissions in any
CONTENT, or for any loss or damage of any kind incurred as a result
of the use of any CONTENT posted, emailed or otherwise transmitted
via the SERVICE. CLIENT acknowledges that 1 Planet does not
pre-screen CONTENT, but that 1 Planet and its designees shall have
the right (but not the obligation) in their sole discretion to
refuse or move any CONTENT that is available via the SERVICE.
Without limiting the foregoing, 1 Planet and its designees shall
have the right to remove any CONTENT that violates the AGREEMENT or
is otherwise objectionable. CLIENT agrees that they must evaluate,
and bear all risks associated with, the use of any CONTENT,
including any reliance on the accuracy, completeness, or usefulness
of such CONTENT. In this regard, CLIENT acknowledges that they may
not rely on any CONTENT created by 1 Planet or submitted to 1
Planet.
- UNSOLICITED EMAIL
Sending unsolicited email is prohibited. If a complaint is received,
1 Planet, at its own discretion may determine if a violation of this
policy exists. Failure to comply with this policy may result in
account suspension, and/or termination.
- ADULT CONTENT
All pornographic content and merchandising is strictly
prohibited. 1 Planet will
be the sole arbiter in determining violations of this provision.
- PAYMENT FOR SERVICE
All invoices submitted by 1 Planet are payable by CLIENT upon
receipt. Specific payment amounts, schedule and terms of payment
shall be provided by 1 Planet to CLIENT. Payment will be made
automatically by cash unless other arrangements are made by 1 Planet
with CLIENT.
- INDEMNITY
CLIENT agrees that it shall defend, indemnify, save and hold 1
Planet harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney’s fees, asserted against 1
Planet, that arise or result from any service provided or performed
or agreed to be performed or any product sold by CLIENT, its
officers or employees.
- NO RESALE
CLIENT agrees not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the SERVICE or
THE WORK, use of the SERVICE or THE WORK, or access to the SERVICE
or THE WORK.
- USE AND LIMITS
CLIENT acknowledges that 1 Planet may establish general practices
and limits concerning use of the SERVICE or THE WORK. CLIENT
acknowledges that 1 Planet reserves the right to delete accounts
that are inactive for an extended period of time. CLIENT further
acknowledges that 1 Planet reserves the right to change these
general practices and limits at any time, in its sole discretion,
with or without notice. 1 Planet reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the SERVICE, THE WORK, or any part thereof with or
without notice. CLIENT agrees that 1 Planet shall not be liable to
CLIENT or to any third party for any modification, suspension or
discontinuance of the SERVICE.
- RESTRICTED USE AND NON-COMPETE
CLIENT agrees that they have no license to use, and are specifically
not permitted to use, any portion of the SERVICE or THE WORK for any
purpose other than that directed by 1 Planet. CLIENT further agrees
that they will not use any portion of the SERVICE or THE WORK in any
way which is competitive with 1 Planet without the full written
consent and approval by 1 Planet.
- PROPRIETARY RIGHTS
CLIENT acknowledges and agrees that the THE WORK contains
proprietary and confidential information that is protected by
applicable intellectual property and other laws. CLIENT further
acknowledges and agrees that the THE WORK is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by 1 Planet with
full written consent and approval, CLIENT agrees not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the SERVICE or the THE WORK, in whole or in part. CLIENT
understands that their license will terminate automatically upon
failure to comply with the limitations described above. On
termination, CLIENT must destroy any and all copies or derivatives
of the THE WORK and Documentation.
- LICENSE
1 Planet grants CLIENT a revocable, non-transferable, and
non-exclusive right and license to use the THE WORK exclusively
through your website provided that CLIENT does not sell, assign,
sublicense, grant a security interest in or otherwise transfer any
right in the THE WORK. CLIENT agrees not to allow any third party to
copy, modify, create a derivative work of, reverse engineer, sell,
assign, sublicense, grant a security interest in or otherwise
transfer any right in the THE WORK.
- RESTRICTIONS
Any authorized copy of the THE WORK or derivative works made by you
shall be subject to this Agreement. The copy or derivative work
shall contain this license as well as related Documentation and all
notices regarding copyrights, trademarks and other proprietary
rights that came with the original Software and Documentation. This
Software is protected by the copyright laws Japan and international
copyright treaties. You may not rent or lease the
SERVICE or THE WORK.
- TERMINATION
CLIENT agrees that 1 Planet, in its sole discretion, may terminate
CLIENT's password, account (or any part thereof) or use of the
SERVICE, and remove and discard any CONTENT within the SERVICE, for
any reason, including, without limitation, for lack of use, payment
delinquency, or if 1 Planet believes that CLIENT has violated or
acted inconsistently with the letter or spirit of the AGREEMENT. 1
Planet may also in its sole discretion and at any time discontinue
providing the SERVICE, or any part thereof, with or without notice.
CLIENT agrees that any termination of access to the SERVICE under
any provision of this AGREEMENT may be effected without prior
notice, and acknowledge and agree that 1 Planet may immediately
deactivate or delete CLIENT's account and all related information
and files and/or bar any further access to such files or the
SERVICE. Further, you agree that 1 Planet shall not be liable to
CLIENT or any third-party for any termination of CLIENT access to
the Service.
- SEVERABILITY
If any provision of this AGREEMENT is held to be unenforceable for
any reason, such provision shall be reformed only to the extent
necessary to make it enforceable, and such decision shall not affect
the enforceability (i) of such provision under other circumstances
or (ii) of the remaining provisions hereof under all circumstances.
Headings shall not be considered in interpreting this AGREEMENT.
- GOVERNING LAW
This AGREEMENT shall be governed by and construed under Japanese
law. This AGREEMENT will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
- ARBITRATION
All disputes arising out of or in connection with the present
AGREEMENT shall be finally settled under the Rules of Arbitration of
the International Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules.
- DISCLAIMER
1 Planet and/or its respective suppliers make no representations
about the suitability of the SERVICE and THE WORK for any purpose.
The SERVICE and THE WORK are provided "as is" without warranty of
any kind. 1 Planet and/or its respective suppliers hereby disclaim
all warranties and conditions with regard to the SERVICE and
THE WORK, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement. In no event shall 1 Planet and/or its respective
suppliers be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use, data
or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with use of the
SERVICE or THE WORK. The SERVICE or THE WORK could include technical
inaccuracies or typographical errors. Changes are periodically added
to the information herein. 1 Planet and/or its respective suppliers
may make improvements and/or changes in the SERVICE or THE WORK at
anytime.
- NOTICES
Any notices claiming copyright or trademark infringement should be
sent to:
sales@1Pla.net Any rights not expressly granted herein are
reserved.
- ASSIGNABILITY
You may not transfer any rights or obligations you may have under
this Agreement without the prior written consent of 1 Planet. 1
Planet reserves the right to transfer this Agreement or any right or
obligation under this Agreement without your consent.
- LEGAL COMPLIANCE
You shall comply with all applicable domestic and international
laws, statutes, ordinances, regulations, contracts and applicable
licenses regarding your use of 1 Planet Services.
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