I'll get straight to the point.
When I started Pop!_Planet, I launched it because I saw a need for a centralized community for Pop!_OS. To be frank, I never expected the level of popularity it has achieved. Over the last year, we have gone from under 50 users, to almost 400 users. That's awesome! However... it also comes with a downside. We are rapidly running out of disk space on our server, and the bandwidth costs go up every month.
Pop!_Planet is not affiliated with System76 in any way, and is funded completely out of pocket. From day one, I said that I'd never use on-site ads (I hate them as much as you do), so the only monetization we get is through donations. Right now, the donations we receive don't even cover our overhead.
I know that most users will ignore this message, and that's ok. However, if even a few of our users are willing and able to donate a few dollars to help offset our expenses, it would be greatly appreciated.
Thank you for your time,
These Terms of Service govern Your use of and access to Services (defined in Section1 below) provided by Pop!_Planet, on behalf of itself and its subsidiaries and affiliates (collectively, "Pop!_Planet").
By using any Pop!_Planet Services, You affirm that (i) You are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where You live) OR You have reviewed these Terms of Service with Your parent or guardian and he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them (You or Your parent or guardian assenting: "You" or "Your") AND (ii) You are a legal resident of a country where Your access to and use of the applicable Services are permitted. You represent that You are fully able and competent to enter into the terms, conditions, and representations set forth in these Terms of Service, and You agree to abide by and comply with them.
These Terms of Service contain a Dispute Resolution, Arbitration and Class Action Waiver Provision in Section 13 that affects Your rights under these Terms of Service with respect to disputes You may have with Pop!_Planet. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 13.
Check this page periodically for new information and terms that govern Your purchase, use and receipt of Pop!_Planet Services. Pop!_Planet may modify these Terms of Service at its sole discretion at any time, by posting the revised version at pop-planet.info/help/terms or upon other notice to You. Unless otherwise noted, revisions shall be effective immediately and You will need to agree to the revised Terms of Service before You continue using any Services. By continuing to use the Services or our website(s), You agree to any revised Terms of Service. If You do not agree to the revised Terms of Service and/or revised Supplemental Terms, You must discontinue further use of any of the Services or contact Pop!_Planet Staff at pop-planet.info/misc/contact and cancel all of Your Account(s), membership(s) or subscription(s).
Unless otherwise provided by law, these Terms of Service are between You and Pop!_Planet and none of Pop!_Planet's subsidiaries or other affiliates shall have any obligations or liability under or related to these Terms of Service.
Table of Contents
Pop!_Planet offers a range of services on PC, Mac, iOS devices and mobile devices, including, but not limited to: (i) access to Content (defined in Section 2), (ii) downloading and uploading media, forums, and additional features (together with Content and Software collectively referred to as "Services").
Certain Services may require the creation of an account ("Account(s)"). To create an Account, You must have a valid email address and be able to use the Service for which You are registering. You must provide truthful and accurate information, and update such information to keep it true, accurate, current and complete. During the registration process, You may be required to create a password. Pop!_Planet has the right to restrict, suspend, or terminate Your Account and refuse any and all current or future use of Services if Pop!_Planet reasonably believes that such information is untrue, inaccurate, not current, or incomplete.
Some Services may require creation of a user name, such as a "UserID" or "Display Name" to represent You in the Services, and which are tied to Your Account (collectively, "user name(s)"). You may not select the name of another person, any third party's trademark, copyright, or other intellectual property infringement, any name that could mislead other users to believe You to be an employee of Pop!_Planet or affiliated companies, or any name that Pop!_Planet deems in its sole discretion to be vulgar, offensive, or otherwise violates these Terms of Service. Subject to the Statutory Obligations (as defined below), Pop!_Planet reserves the right, in its sole discretion, (a) to delete or alter any user names tied to an Account; and (b) to restrict, suspend or terminate Your access to any Service or license granted to You, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
By creating an Account, You agree that you do not own the Account, any user names created on the Account, any Content stored or associated with an Account (such as digital and/or virtual assets, achievements, virtual currency, and other Downloadable Content), or related data associated with the Account.
Accounts are non-transferable under all circumstances. You have sole liability for all activities on Your Account and/or under Your user names. You may be held liable for losses incurred by Pop!_Planet or other third parties due to someone else using Your Account, user name or password. Your Account or certain features of Your Account may be restricted, suspended, and/or terminated if someone else uses Your Account, user name or password to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You agree to notify Pop!_Planet immediately of any unauthorized use of Your Account, user name, or password, or any other breach of security.
Do not reveal Your Account password to others. Pop!_Planet staff will not ask You to reveal Your password. You provide Your password only during automatic Account Services, such as during the log-on process, or if You initiate a "Forgot Password" request to obtain security questions.
SECTION 10 OF THESE TERMS OF SERVICE INCLUDE PROVISIONS THAT MAY AFFECT YOUR ABILITY TO COLLECT DAMAGES FROM POP!_PLANET IF (I) YOU HAVE A DISPUTE WITH POP!_PLANET AND (II) YOU RESIDE IN A JURISDICTION WHERE PROVISIONS EXCLUDING OR LIMITING LIABILITY ARE ENFORCEABLE.
IF YOU ARE A RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, POP!_PLANET ACKNOWLEDGES THAT THERE ARE CERTAIN GUARANTEES, WARRANTIES, TERMS AND CONDITIONS (INCLUDING IN RESPECT OF REFUNDS AND RETURNS AND UNFAIR TERMS) IMPOSED BY LAWS RELATING TO THE SUPPLY OF GOODS, SERVICES AND DIGITAL CONTENT UNDER THESE TERMS OF SERVICES AND THE SUPPLEMENTAL TERMS WHICH THE LAWS EXPRESSLY PROVIDE MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (THE "STATUTORY OBLIGATIONS"). NOTHING IN THESE TERMS OF SERVICE, THE SUPPLEMENTAL TERMS AND ANY EULA EXCLUDES, RESTRICTS OR MODIFIES THE STATUTORY OBLIGATIONS OTHERWISE THAN ACCORDING TO SUCH LAWS.
UNDER THE STATUTORY OBLIGATIONS POP!_PLANET IS UNDER A LEGAL DUTY TO SUPPLY TO YOU GOODS, SERVICES AND DIGITAL CONTENT THAT ARE IN CONFORMITY WITH OUR CONTRACT WITH YOU.
Any use, reproduction, modification or distribution of Services, including, but not limited to, Content, Software, or any other intellectual property not expressly authorized by these Terms of Service or by an authorized representative of Pop!_Planet in writing is strictly prohibited.
Not all features, products, or Services offered or provided are available to all persons who try to register or in all geographic locations. Pop!_Planet reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or Service to any person or geographic area.
Any offer for any feature, product or Service is void where such Services are prohibited. You are solely responsible for Your compliance with applicable laws with respect to the Services that You access and use.
This Section 2 shall survive any termination of these Terms of Service.
A. Content Generally
"Content" includes technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, animations, animation-style videos, content, pictures, code, files, data, and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of any websites under Pop!_Planet's control. All Content made available by Pop!_Planet, unless explicitly identified as third party content, is owned by Pop!_Planet, its affiliates and/or their licensors.
You may not copy or download any Content from a Service unless You are expressly authorized to do so by Pop!_Planet in writing. You acknowledge and agree that You shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Content for commercial uses unless You obtained the express written consent of an authorized representative of Pop!_Planet. For clarification purposes, "derivative works based upon" Services and/or Content are works that are substantially similar, both in ideas and expression, to Services and/or Content. Therefore, if You or someone else creates a work and it is likely to bring to mind either or both Services and Content, then it is likely that such work is a derivative work and as such may not be used for commercial purposes.
B. User-Generated Content
Content includes user-generated Content that You contribute, provide, post, upload or otherwise submit to Pop!_Planet via a Service ("UGC").
UGC includes any photographs, images, video, music and sounds that You contribute, provide, post, upload or otherwise submit to Pop!_Planet via a Service (collectively, "Your UGC").
UGC includes Content contributed, provided, posted, uploaded or otherwise submitted to Pop!_Planet by any other person using or via the Services.
UGC also includes Content that is not Your UGC, including but not limited to, Account personas, user names, forum posts, chat posts, customer service chats, communications, or other suggestions, ideas, notes, feedback, concepts or other information concerning the Services, whether generated at Pop!_Planet's specific request or despite Pop!_Planet's request that You not do such (such as Unsolicited Materials as described in Section 13) (collectively, "Pop!_Planet's Owned UGC"). Pop!_Planet's Owned UGC also includes all Content that You create or develop using Content provided or made available by Pop!_Planet, including but not limited to Content that You create or develop that is a derivative work of the Content provided or made available by Pop!_Planet. For clarity, Content and materials that are created, developed or accessible within a Service using Content or tools provided by Pop!_Planet are Pop!_Planet's Owned UGC.
For clarity, Pop!_Planet's Owned UGC does not include (i) any Content that You create or develop if such Content or if the creation or development of such Content would constitute a breach of this Agreement or any Supplementary Terms or would violate any law, or (ii) any Content that You create or develop without the use of Content provided or made available by Pop!_Planet.
Pop!_Planet does not pre-screen UGC and does not endorse or approve any UGC that You or other users may contribute, provide, post, upload or otherwise submit via the Services. You are solely responsible for Your UGC and may be held liable for UGC that You contribute, provide, post, upload or otherwise submit.
You may not contribute, provide, post, upload or otherwise submit any UGC that is copyrighted, protected by trade secret law or otherwise subject to third party intellectual property rights, including, but not limited to, privacy and publicity rights, unless You own those rights free and clear or have written permission from their rightful owner to contribute, provide, post, upload or otherwise submit such UGC and to grant or assign the described license and property rights to Pop!_Planet as described below.
As between You and Pop!_Planet, You will be the owner of all of Your UGC (as defined above). To the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of Your UGC has expressly granted) to Pop!_Planet and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sub-licensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with Your UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
Unless otherwise prohibited by applicable law or regulation, by contributing, providing, posting, uploading or otherwise submitting Pop!_Planet's Owned UGC or creating Pop!_Planet Owned UGC, You acknowledge and agree that all such Pop!_Planet's Owned UGC is the sole property of Pop!_Planet and You hereby assign and agree that all such Pop!_Planet's Owned UGC contributed, provided, posted, uploaded or otherwise submitted by You and such assignment will be effective on the date the Pop!_Planet's Owned UGC is created. To the extent that Pop!_Planet cannot claim exclusive ownership rights in such Pop!_Planet's UGC by operation of law or pursuant to the assignment noted above, and to the fullest extent permitted by law, You hereby expressly grant (or You warrant that the owner of such Pop!_Planet's UGC has expressly granted) to Pop!_Planet and its licensors, licensees and designees a perpetual, irrevocable, worldwide, paid-up, non-exclusive, royalty-free, transferable, sub-licensable (through multiple tiers of sublicensees) right and license to exercise all rights of any kind or nature associated with such Pop!_Planet's UGC in all formats and media, whether existing now or in the future, and You agree not to assert or enforce any moral rights or similar rights You may have which may now or may hereafter be recognized, and all ancillary and subsidiary rights, in any languages and media now known or not currently known.
You further grant each user of the Services a non-exclusive license to access UGC and to use, reproduce, distribute, display and perform such UGC as permitted through the Services.
If so required under applicable law, You will enter into any agreement or undertake any action as deemed necessary by Pop!_Planet to effect the licenses described above in this Section.
IN ALL CASES OF UGC UNDER THIS SECTION 2, EXCEPT AS PROHIBITED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), Pop!_Planet reserves the right (but has no obligation except as required by law) to review, remove, block, edit, move or disable UGC for any reason, with or without notice, and has no liability of any kind with respect to UGC, including without limitation when Pop!_Planet determines that UGC violates these Terms of Service. The decision to remove UGC or other Content at any time is in Pop!_Planet's sole and final discretion. To the maximum extent permitted by law, Pop!_Planet does not assume any responsibility or liability for UGC or for its removal or for any failure to or delay in removing UGC or other Content.
C. Downloadable Content and Other Virtual Items
Content also includes Content that is downloaded or downloadable from any website under Pop!_Planet's control ("Downloadable Content"). Downloadable Content includes, but is not limited to, licensed rights granted, awarded, and/or provided to You to access and/or use online or off-line elements or features of certain Services as well as unlockable Content, digital and/or virtual assets, right of use tied to unlock keys or codes, serial codes and/or online authentication of any kind. Downloadable Content also includes Virtual Currency, and Virtual Currency is subject to additional terms and restrictions specific to Virtual Currency as set forth below in Section 2(D), which additional terms and restrictions supersede any inconsistent terms and restrictions applicable to Downloadable Content generally. Downloadable Content may be free, redeemable, and/or purchased, and Pop!_Planet reserves the right to change the price of Downloadable Content at any time, without notice. Downloadable Content may only be held in Accounts belonging to legal residents of countries where access to and use of the Services and Downloadable Content are permitted. Pop!_Planet hereby grants to You a limited, non-exclusive, personal, non-transferable license to use, view and display Downloadable Content that You have properly downloaded.
Once You have redeemed Downloadable Content, that content is not returnable, exchangeable, or refundable for any Content or for cash, other goods or services unless approved by Pop!_Planet or required by applicable law and subject to the Statutory Obligations (as defined in Section 1); for example, if Pop!_Planet downloaded the wrong Content to You, You may be entitled to a refund. Unless otherwise specified by Pop!_Planet in writing and unless otherwise prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Downloadable Content may expire upon the earlier of (a) the closure of an Account, or (b) the later of one hundred and eighty (180) days past (i) the most recent Account login by You or (ii) the end of Your subscription or membership for the applicable Service if such subscription or membership is not renewed.
You agree that You have no ownership right or title in or to any such Downloadable Content, including, but not limited to, the virtual goods appearing or originating in the Services or any other attributes associated with any Account or Services. Pop!_Planet does not recognize any purported sale, give or trade in the "real world" of anything that appears or originates in a Service. Accordingly, You may not sell, and You may not assist others in selling, Service(s) for real currency, or exchange those items for value outside of the Services. Evidence of any attempt to redeem Downloadable Content for a purported exchange, sale, gift or trade in the "real world" will result in the immediate suspension or termination of Your Account.
You acknowledge and agree that all virtual items represent a limited license right for Your personal, private, non-commercial, non-transferable, and limited use governed by these Terms of Service and are not redeemable for any sum of money or monetary value from Pop!_Planet at any time. Pop!_Planet reserves the right to refuse Your request(s) to acquire Downloadable Content, and reserves the right to limit or block any request to acquire Downloadable Content for any or no reason.
D. Virtual Currency
The Services may make use of one or more virtual currencies, either within a single Service or for use across multiple Services ("Virtual Currency"). The following terms govern the use of Virtual Currency in connection with the Pop!_Planet Services.
Virtual Currency may be obtained in one or more ways depending on the type of Virtual Currency and the Service or Services associated with that Virtual Currency, including without limitation Virtual Currency that may be obtained through purchase with real currency, as a part of membership benefits, or otherwise. Pop!_Planet may, from time to time and in its sole discretion, grant Virtual Currency to Users of one or more Services as a gesture of goodwill or in connection with promotions, memberships, competitions, or sweepstakes organized by Pop!_Planet. All Virtual Currency that is purchased with real currency, either alone or together with other Services or access to Services (including without limitation payment for memberships), shall be referred to as "Purchased Virtual Currency." All Virtual Currency that is not Purchased Virtual Currency shall be referred to as "Complimentary Virtual Currency."
Regardless of the method by which You obtain a Virtual Currency and subject only to the Statutory Obligations (as defined in Section 1), it has no value in real currency, and is not transferable to any other person, or returnable, exchangeable, or refundable for real currency, goods, or services. By purchasing or otherwise obtaining Virtual Currency, you acknowledge and agree that all Virtual Currencies represent a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of Pop!_Planet Services governed by these Terms of Service. Because it is a license, Virtual Currency is not property in which You have any ownership right, title, or other interest. Any Virtual Currency balance shown in Your Account does not constitute a real currency balance or reflect any monetary value.
Pop!_Planet reserves the right to change the price for any Purchased Virtual Currency or to bundle Purchased Virtual Currency in any amount with other Services or access to other Services at any time and without providing notice to You. You will have no right to a refund as a result of any change in the price or bundling at which Purchased Virtual Currency can be obtained, subject only to the Statutory Obligations (as defined in Section 1). In the case of Complimentary Virtual Currency, Pop!_Planet reserves the right to change or limit the amount of Complimentary Virtual Currency granted as part of any ongoing or continuous promotion, to discontinue any promotion or to bundle Complimentary Virtual Currency in any amount with other Service or access to other Services at any time and without providing notice to You.
Virtual Currency is not transferable to, or redeemable for, any sum of real currency or monetary value from Pop!_Planet or any other person at any time. Pop!_Planet prohibits, and does not recognize any purported transfers, sales, gifts, or trades of Virtual Currency. Virtual Currency will only be used by You to obtain virtual goods or other Downloadable Content, through one or more Services, as determined by Pop!_Planet in its sole discretion. You agree not to sell or transfer, or assist others in selling or transferring Virtual Currencies or any amounts thereof. Evidence of any attempt to use, sell or transfer Virtual Currency in any manner that violates these Terms of Service may result in revocation, termination, or cancellation of the Virtual Currency and/or Your use of the Services without refund and/or immediate suspension or termination of Your Account.
Subject to these Terms of Service and Your compliance with all of the terms and conditions in these Terms of Service, Pop!_Planet grants to You, for Your personal and private use only, a non-exclusive, revocable, nontransferable license to use Services (including any Content which is made available by Pop!_Planet as a part of a Service and then solely in connection with such Service) as set forth in these Terms of Service.
You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Software, and/or Content, including without limitation any access keys; (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works based upon any Services; (d) otherwise use any Services except as expressly provided in these Terms of Service; (e) copy or download any Software or Content unless the Content is Downloadable Content (other than Virtual Currency) or You are otherwise expressly authorized to do so in writing by Pop!_Planet; and/or (f) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to any Services. Any commercial use is prohibited absent written permission by an authorized representative of Pop!_Planet.
Pop!_Planet actively enforces its intellectual property rights to the fullest extent of the law. If You are found to engage or facilitate the engagement of infringing and/or illegal activity, including, but not limited to, making unauthorized copies and/or distributing Services, Pop!_Planet may in its sole discretion restrict, suspend, or terminate Your Account or Your access to some or any Services, and/or pursue further legal action against You. Please note that these activities may constitute civil wrongs and/or criminal offenses and Pop!_Planet reserves the right to take such action as appropriate in the circumstances. You agree to reimburse Pop!_Planet for any liabilities, damages, losses, costs and expenses incurred by or suffered by Pop!_Planet arising from or related to any attempted or actual unauthorized or illegal conduct by You, or through the use of Your Account as more particularly described in Section 11.
Pop!_Planet reserves title to the Services and all rights to any Services not specifically granted under these Terms of Services, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret, and other proprietary rights and interests. Your use of Services is subject to the intellectual property rights of Pop!_Planet and except for the express licenses granted in the first paragraph of this Section 3, Pop!_Planet does not grant You any licenses or rights to patents or other intellectual property. Content and Software are licensed, not sold, to You.
All Services and all intellectual property rights in the Services are owned by Pop!_Planet or its licensors and are protected by United States, other jurisdictions, and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
With the exception of the first paragraph of this Section 3, this Section 3 shall survive the termination of these Terms of Service.
Pop!_Planet does not guarantee that any Services will be available at all times, in all countries and/or geographic locations, at any given time, or that Pop!_Planet will continue to offer any particular Services for any particular length of time. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Pop!_Planet reserves the right to change and update Content without notice to You. Pop!_Planet also reserves the right to refuse Your request(s) to acquire Content, and to limit or block any request to acquire Content, including, but not limited to, Downloadable Content, for any reason.
Pop!_Planet may patch, update, or modify a Service at any time with or without notice to You. Notwithstanding the foregoing, Pop!_Planet has no obligation to make available any patches, updates or modifications or correct any errors or defects in the Services. Pop!_Planet makes no guarantees about the persistence or availability of any user names or other personas at any time and assumes no liability for lost or deleted Account data. Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), You agree that Pop!_Planet will not be liable for any interruption of the Services, delay or failure to perform, any loss of Content (including, but not limited to, UGC and Downloadable Content), and/or Account data resulting from any causes whatsoever. Pop!_Planet reserves the right to offer new Services, change and/or discontinue certain Services at any time in its sole discretion.
Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Pop!_Planet may restrict, suspend, or terminate Your access to some or any Services at any time. Should Pop!_Planet make a material change to the Services, it will provide You notice within the time period specified when You joined the particular Service, or if no time period for notice of material changes was specified, then within thirty (30) days of the date such notice is either (at Pop!_Planet's discretion) provided to You via email or is posted on the applicable product or Pop!_Planet Service or on Your "Alerts" section.
In response to a violation of these Terms of Service, Pop!_Planet may issue You a warning, suspend or restrict certain features of Your Account (including, but not limited to, user names), selectively modify or remove or revoke Downloadable Content at an Account and/or device level, immediately terminate any and all Accounts that You have established and/or temporarily or permanently ban Your Account, device and/or machine from accessing all or certain Services.
Pop!_Planet may terminate Your access to and/or use of the Services (i) for violating these Terms of Service, (ii) if Pop!_Planet, in its sole discretion, deems that Your information is untrue, inaccurate, not complete or incomplete; (iii) if Your use of such Services infringes on or is suspected of infringing on another's rights or any intellectual property; (iv) if You or Your Account reflects inappropriate Content and/or violates these Terms of Service. Any and all Content (including, but not limited to, Software, Content, and Downloadable Content) will be considered forfeit immediately in the event of any cancellation, closure, or termination of Your Account by Pop!_Planet.
If Pop!_Planet terminates an Account, it may terminate other Accounts that share the same characteristics, such as their name on the Account, email address, mailing address, Internet Protocol address, or credit card number or other Payment Method. Pop!_Planet reserves the right to use any means necessary and permitted under applicable law to identify and terminate Accounts.
You acknowledge that in such circumstances, Pop!_Planet is not required to provide You notice before taking action to restrict, suspend or terminate Your access to or use of Services, and/or Your Account. If Pop!_Planet terminates Your Account, You may not use any Service again without Pop!_Planet's express written permission. Pop!_Planet reserves the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by Pop!_Planet to use Your Account.
If Your Account, or a particular subscription or membership for a Service associated with Your Account, is terminated or suspended and/or if any Downloadable Content is selectively removed, revoked or garnished from Your Account and/or if Your device is temporarily or permanently banned from accessing some or all of the Services, no refund will be granted, no Downloadable Content will be credited to You or converted to cash or other forms of reimbursement, and You will have no further access to Your Account or Downloadable Content associated with Your Account or the particular Service except where any action has been taken against Your Account or device in error and subject to the Statutory Obligations (as defined in Section 1). If you believe that any action has been taken against Your Account or device in error, please contact Pop!_Planet Staff at pop-planet.info/misc/contact.
You have the right to cancel Your Account or a particular subscription or membership to a Service at any time. Additional cancellation terms in respect of a particular subscription or membership may be specified when You subscribe, in Your Account information, or in notices for subscription or membership renewals. Generally, when You cancel a subscription or membership the cancellation will be effective at the end of Your then-current subscription or membership period.
Contact Pop!_Planet Staff at pop-planet.info/misc/contact to cancel Your Account or any subscription or membership to a Service.
Pop!_Planet reserves the right to collect fees, applicable governmental charges (including sales tax, value added tax (VAT), goods and service tax (GST) and other taxes), or costs incurred before You cancel Your Account or a subscription or membership to a Service. You are also responsible for any amounts owed to third-party vendors or Content providers before Your cancellation. Any delinquent or unpaid fees and other unresolved issues must be settled before You establish a new Account.
Except as prohibited by applicable law and subject to the Statutory Obligations (as defined in Section 1), Pop!_Planet has the right, in its sole discretion, to modify, restrict, suspend, or terminate Your access to the Services. As noted above, this could result because (i) Your information is untrue, inaccurate, not complete or incomplete; (ii) Your activities infringe on or are suspected to infringe on another's rights or any intellectual property; (iii) Pop!_Planet in its sole discretion determined that You or Your Account reflects inappropriate Content; or (iv) You or activities taken under or with Your Account violate these Terms of Service. Other Supplemental Terms pertaining to Your Service, such as a Code of Conduct, provide guidance on behavior that Pop!_Planet deems to be inappropriate and specify restrictions on Your Account or Your participation in the Services.
You agree not to use any Services to:
Pop!_Planet may report certain incidents to law enforcement and other authorities, including, but not limited to, disclosing Account information, in the good faith belief that it is required to do so by law, or that doing so is reasonably necessary to comply with legal process; when it deems it necessary or appropriate to disclose certain information to law enforcement and other authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of these Terms of Service and/or Supplementary Terms; to respond to any claims; or to protect the rights, property, or personal safety of Pop!_Planet, its customers, or the public.
Unless otherwise specified, there is no requirement or expectation that Pop!_Planet will monitor or record any online activity on the Services. Pop!_Planet reserves the right, but is under no obligation to monitor communications within, through or across the Services, such as on forums. Pop!_Planet also reserves the right to access and/or record any online activity on the Services, and You give Pop!_Planet Your express consent to access and record Your activities. This includes, but is not limited to, Your consent to access, record, and turn over any online activity where Pop!_Planet believes that disclosure is necessary to comply with the law, to combat fraud and/or to comply with a judicial proceeding, court order, or legal process served on Pop!_Planet or to comply with an order from a government entity or other competent authority, or when Pop!_Planet has reason to believe that a disclosure is necessary to address potential or actual injury or interference with Pop!_Planet's, Your, or another user's rights, property, or operations, or to protect others who may be harmed or may suffer loss or damage.
You agree that in its sole discretion and without notice, Pop!_Planet may remove Content from any Service, take whatever steps it deems necessary to abridge or prevent behavior of any sort in Services. Subject to the Statutory Obligations (as defined in Section 1), Pop!_Planet has no liability for Your or any third party's violation of these Terms of Service.
If You encounter another user who is violating a code of conduct, please report this activity to Pop!_Planet by contacting Pop!_Planet Staff at pop-planet.info/misc/contact.
You further agree not to access, create, or provide any means through which the Services may be used or accessed by others.
You may not participate, take part in, initiate, or engage in actions that impose an unreasonable or disproportionate load on the infrastructure hosting the Services.
You agree not to use any hardware or software or any other method of support that is not authorized by Pop!_Planet or influence or advantage Your use of the Services. Third party tools, the use of "bots", "speed hacks", "deep-link", "page-scrape", "robot", "spider", algorithm or other programs that copy or monitor any part of the Services (including, but not limited to, the forums), software that transmits, manipulates, or distributes (including, but not limited to, "mirroring") the data stream or any aspect of the Services to another computer, server websites or other publication or distribution media, or software that permits You to use Services without human input are expressly permitted by these Terms of Service.
Please note that ANY violation of these Terms of Service may constitute civil wrongs and/or criminal offenses and Pop!_Planet reserves the right to take such action as Pop!_Planet in its sole discretion deems appropriate in the circumstances.
Pop!_Planet in its sole discretion may implement various forms of filtering, blocking, or monitoring of IP addresses, MAC addresses or proxies used to use or access the Services, including without limitation blocking or filtering measures that restrict Your ability to use or access the Services. Pop!_Planet in its sole discretion may restrict access or certain features or Services to any person, territories or geographic areas.
Services may be linked to unaffiliated third-party websites or applications, such as social networking, blogging and other third-party websites (collectively, "Third-Party Sites"). Some of these Third-Party Sites permit You to log in using their existing account and credentials. Certain Services may allow You to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities in connection with the Services to be shared with Your contacts in Your Third-Party Site account. In certain situations, You may be transferred to a Third-Party Site through a link but it may appear that You are still using the Services. These Third Party Sites might require You to comply with the terms and conditions, user's guides and privacy policies of such Third Party Sites.
Some of these web sites may charge separate fees, which are not included in any subscription, membership or other fees that You may pay under these Terms of Service. Any separate charges or obligations that You incur in Your dealings with third parties and Third-Party Sites are Your responsibility and may subject You to additional or different terms and restrictions. You are always responsible for any internet service provider, telephone, wireless and other connection fees that You may incur when using any Services.
Pop!_Planet provides access to the Third-Party Sites to You as a convenience, and Pop!_Planet does not verify, make any representations or warranties or take responsibility for any such Third-Party Sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), YOU AGREE THAT POP!_PLANET SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. POP!_PLANET DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY SITES OR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OFFERED BY THIRD PARTIES THROUGH POP!_PLANET OR ANY THIRD PARTY SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PROVIDERS OF THIRD-PARTY SITES OR GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT OF THIRD PARTIES.
This Section 8 shall survive the termination of these Terms of Service.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), POP!_PLANET, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. EACH SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION OR MEMBERSHIP TO THE SERVICE. AS NOTED IN THESE TERMS OF SERVICE, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION OR MEMBERSHIP TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1) REQUIRES A REFUND BE GIVEN.
IN SOME COUNTRIES, INCLUDING THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA AND NEW ZEALAND, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1), POP!_PLANET AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
THE FOLLOWING PROVISIONS OF THIS SECTION 9 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).
NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES. POP!_PLANET DOES NOT ASSUME LIABILITY FOR ANY INABILITY BY YOU TO ACCESS OR USE ANY SERVICES. POP!_PLANET DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT POP!_PLANET WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
IN STATES OR JURISDICTIONS THAT PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN WARRANTIES, POP!_PLANET SHALL DISCLAIM AND EXCLUDE WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THE DURATION OF ANY SUCH WARRANTY THAT MAY NOT BE DISCLAIMED SHALL BE FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW.
THIS SECTION 9 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
A. General Information. THE LAWS IN MANY JURISDICTIONS ALLOW POP!_PLANET TO LIMIT ITS LIABILITY FOR DAMAGES. THIS SECTION LIMITS THE LIABILITY OF POP!_PLANET, ITS LICENSORS AND RESELLERS. HOWEVER, THIS SECTION 10 ONLY APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW POP!_PLANET, ITS LICENSORS AND RESELLERS TO LIMIT ITS/THEIR LIABILITY IN CERTAIN CIRCUMSTANCES, THEN THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO THOSE CIRCUMSTANCES.
IF YOU ARE RESIDENT IN THE EEA, SWITZERLAND, RUSSIA, AUSTRALIA OR NEW ZEALAND, THE FOLLOWING PROVISIONS OF THIS SECTION 10 ONLY APPLY TO THE EXTENT THEY ARE NOT CONTRARY TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1).
B. Limited Remedy. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH POP!_PLANET OR ITS LICENSORS OR RESELLERS ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR ANY SERVICE IS TO STOP USING OR ACCESSING THE SERVICE AND CANCEL YOUR ACCOUNT, SUBSCRIPTION OR MEMBERSHIP.
C. No Liability for Conduct, Communications or Content. YOU AGREE THAT POP!_PLANET, ITS LICENSORS, RESELLERS, LICENSEES AND AFFILIATES ARE NOT LIABLE TO YOU FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON OR IN THE SERVICES.
D. Liability Cap. IN NO CASE SHALL THE AGGREGATE CUMULATIVE LIABILITY OF POP!_PLANET OR ITS AFFILIATES, LICENSORS, LICENSEE, CONTENT PROVIDERS, AND DISTRIBUTORS/RESELLERS AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRACTORS, AGENTS, OR VENDORS, (COLLECTIVELY, "POP!_PLANET AFFILIATES") FOR DAMAGES TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE, OR YOUR USE OF ANY SERVICE EXCEED USD$100.00.
E. Direct Damages. SUBJECT TO SECTION 10(D) ABOVE, POP!_PLANET WILL COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE YOU CAN SHOW THAT YOU HAVE SUFFERED AS A RESULT OF (I) POP!_PLANET'S FAILURE TO CARRY OUT ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE TO A REASONABLE STANDARD OR (II) POP!_PLANET'S BREACH OF ANY DUTIES IMPOSED ON POP!_PLANET BY LAW (INCLUDING, BUT NOT LIMITED TO, IF POP!_PLANET CAUSES DEATH OR PERSONAL INJURY BY POP!_PLANET'S NEGLIGENCE), UNLESS THE FAILURE OR BREACH IS ATTRIBUTED TO: (A) YOUR OWN FAULT; (B) A THIRD PARTY UNCONNECTED WITH POP!_PLANET'S PERFORMANCE OF THESE TERMS OF SERVICE (FOR INSTANCE PROBLEMS DUE TO OTHER USERS OF THE SERVICES, COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR COMPUTER EQUIPMENT); OR (C) ANY OTHER EVENTS WHICH NEITHER POP!_PLANET, POP!_PLANET AFFILIATES, OR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF POP!_PLANET OR THEY HAD TAKEN REASONABLE CARE. AS THE SERVICES ARE FOR CONSUMER USE ONLY, POP!_PLANET AND POP!_PLANET AFFILIATES WILL NOT BE LIABLE FOR ANY BUSINESS OR COMMERCIAL LOSSES OF ANY KIND OR NATURE, SUCH AS LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION.
OTHER THAN AS PROVIDED IN THE FOREGOING PARAGRAPH AND CONSISTENT THEREWITH, POP!_PLANET, POP!_PLANET AFFILIATES, ITS LICENSORS AND RESELLERS WILL NOT BE LIABLE TO YOU FOR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA OR CONTENT, DAMAGE CAUSED TO YOUR SOFTWARE, COMPUTER, MOBILE DEVICE OR OTHER HARDWARE, DATA BREACH AND SECURITY BREACH), REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, INCLUDING WITHOUT LIMITATION THEORIES OF BREACH OF CONTRACT, TORT AND NEGLIGENCE, AND WHETHER OR NOT POP!_PLANET HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
F. Application. THE LIMITATIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF SERVICE FAILS OF ITS ESSENTIAL PURPOSE.
THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
If (i) You misuse any Service or breach these Terms of Service; (ii) You improperly or illegally use a Service or Your Account, including without limitation, the use of Your Account by anyone other than Yourself; or (iii) any contributions, actions or omissions by You in connection with Your use of Services, including without limitation any UGC You contribute, results in Pop!_Planet incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys' fees and court costs), then You agree to reimburse Pop!_Planet and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses.
If a third party sues Pop!_Planet for any of Section 11 (i) - (iii) above, Pop!_Planet reserves the right to control the defense and settlement of such third party lawsuit, and You agree to reimburse Pop!_Planet for the cost of the defense, including, but not limited to, reasonable and documented attorneys' fees.
This Section 11 shall survive any termination of these Terms of Service.
Subject to the Statutory Obligations (as defined in Section 1), Pop!_Planet reserves the right to restrict, suspend or terminate these Terms of Service and Your Account as provided in these Terms of Service including without limitation restricting, suspending or terminating any licenses, and/or access to on or more of the Services.
In addition, Pop!_Planet reserves the right to restrict, suspend or terminate these Terms of Service and Your Account immediately and without notice to You if (i) You breach these Terms of Service, (ii) infringe or violate any third party rights, including without limitation third party intellectual rights, (iii) if Pop!_Planet is unable to verify or authenticate any information You provide to Pop!_Planet, or (iv) upon Your use of Services, for any other activity whatsoever that is, in Pop!_Planet's sole discretion, unlawful, inappropriate and/or in violation of the spirit of these Terms of Service or a Service, including without limitation Your actions in the forums.
Upon Pop!_Planet's decision to restrict, suspend, or terminate these Terms of Service, You will lose access to Your Account.
If You reside in the EEA/Switzerland/Australia/New Zealand, then only this first paragraph of this Section 13 will apply to You. Pop!_Planet will try and solve any disagreements that arise between You and Pop!_Planet promptly and efficiently. You and Pop!_Planet may agree to refer any disputed matter to resolution proceedings other than in a court but You and Pop!_Planet are not restricted from bringing court proceedings at any time.
If You reside outside the EEA/Switzerland/Australia/New Zealand, then the terms below in this Section 13 apply to You.
This Section 13 facilitates the prompt and efficient resolution of any disputes that may arise between You and Pop!_Planet. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Section 13 (as explained below), which means You would retain Your right to file a lawsuit and litigate Your disputes in a court, either before a judge or jury. Certain of the terms below in this Section reference "class actions" or "other collective disputes or representative actions." If You reside in a jurisdiction that does not permit class actions or other collective disputes or representative actions, such terms will not apply to You.
Please read this Section 13 carefully. It provides that all Disputes (defined below) between You and Pop!_Planet shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, You may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions, collective actions or representative actions). Except as otherwise expressly provided in this Section 13 or applicable law, entering into these Terms of Service constitutes a waiver of Your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Service and can award the same damages and relief as a count (including, but not limited to, attorneys' fees). The arbitrator may not award damages disclaimed by these Terms of Service.
For the purpose of this Section 13, "Pop!_Planet" collectively refers to Pop!_Planet, its subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between You and Pop!_Planet regarding or related to any aspect of Your relationship with Pop!_Planet, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes, but not limited to, the validity, enforceability or scope of this Section 13 (with the exception of the enforceability of the Class Action Waiver clause below), "Dispute" is to be given the broadest possible meaning that will be enforced.
YOU AND POP!_PLANET EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT OR IN ANY OTHER PROCEEDING IN ACCORDANCE WITH THIS SECTION 13.
A. Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, You must first give Pop!_Planet an opportunity to resolve the Dispute. You must commence this process by sending notification to firstname.lastname@example.org. That written notification must include (1) Your name, (2) Your address, (3) a written description of Your Dispute, and (4) a description of the specific relief You seek. If Pop!_Planet does not resolve the Dispute to Your satisfaction within forty-five (45) days after receipt of Your written notification, You may pursue Your Dispute in arbitration. You may pursue Your Dispute in a court only under the circumstances described below.
B. Exclusions from Arbitration/Right to Opt-Out. Notwithstanding the above, You or Pop!_Planet may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute is initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATA THAT YOU FIRST CONSENT TO THESE TERMS OF SERVICE (the "Opt-Out Deadline"). You may opt-out by mailing written notification to email@example.com. Your written notification must include (1) Your name, (2) Your address, and (3) a clear statement that You do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on Your relationship with Pop!_Planet. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your Dispute in arbitration or small claims court.
C. Jury Waiver. You understand and agree that by entering into these Terms of Service, You and Pop!_Planet are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 13, You and Pop!_Planet might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
D. Severability. If any clause within this Section 13 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 13, and the remainder of this Section 13 will be given full force and effect. Notwithstanding the foregoing sentence, if the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 13 will be unenforceable and the Dispute will be decided by a court.
E. Continuation. This Section 13 shall survive the termination of these Terms of Service and Your use of the Services.
Pop!_Planet has an established policy not to accept or consider any unsolicited material, ideas or suggestions of any nature whatsoever. Please do not send us any unsolicited materials, as they will not be considered by anyone at Pop!_Planet. Any unsolicited materials sent will be treated as non-confidential, and Pop!_Planet will not be liable for any use or disclosure of such unsolicited material.
If You do send any creative materials, including, but not limited to, feedback, creative suggestions, error corrections, ideas, notes, drawings, music, concepts, data, or other Content that is not UGC, transmitted via the Services, websites, electronic mail or otherwise (collectively "Information"), such creative materials and communications shall to the fullest extent permitted by law be deemed to be the property of Pop!_Planet and You hereby assign and agree to assign to Pop!_Planet full and unfettered ownership of all such Information. None of the Information shall be subject to any obligation of confidentiality on the part of Pop!_Planet and Pop!_Planet shall not be liable to You for any use or disclosure of any Information. Pop!_Planet shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and on any media, and shall be entitled to unrestricted use and exploitation of the Information for any purpose whatsoever, commercial or otherwise, without compensation to, or approval by, You.
Pop!_Planet respects the intellectual property rights of others, and requires that those who use its Services do the same. Pop!_Planet will terminate the Account of any user who is responsible for any or repeated acts of intellectual property infringement. You may not, and by using the Services You agree not to, use the Services to transmit material: (i) that is copyrighted, unless You are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless You own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights, as defined below, of others or violates the privacy or rights of publicity of others. For purposes of these Terms of Service, the term "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
If You believe that any Content appearing on the Services has been copied in a way that constitutes copyright infringement, please send a communication that includes the following information to firstname.lastname@example.org (please consult Your counsel and/or see Section 512(c)(3) of the Digital Millennium Copyright Act):
If You believe that any Content appearing on the Services has been used in a way that constitutes an infringement or misappropriation of Intellectual Property Rights other than copyright infringement, please send a written communication following the above procedures that describes the purported infringement or misappropriation.
Pop!_Planet will notify You if it removes or disables access to copyright-protected material that You provide, if such removal is pursuant to a valid DMCA take-down notice that Pop!_Planet has received. If You receive such notice from Pop!_Planet, You may provide Pop!_Planet with a counter-notification in writing to email@example.com that includes all of the following information:
Pop!_Planet may, but is not obligated to, follow similar procedures if it removes or disables any Content that purportedly constitutes infringement or misappropriation of any Intellectual Property Rights other than copyrights.
A. No Third Parties Have Rights or Remedies. You agree that these Terms of Service (including without limitation the Supplementary Terms) and Pop!_Planet's enforcement of these Terms of Service, are not intended to confer and do not confer any rights or remedies upon any person other than You and Pop!_Planet.
B. Severability. Except as specifically provided in Section 13 above, if any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of these Terms of Service shall remain in full force and effect.
C. Waiver. The failure of Pop!_Planet to exercise or enforce any right or provision of these Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if expressly acknowledged in a writing signed by Pop!_Planet.
D. Governing Law.
If there is any direct conflict between specific terms and conditions in these Terms of Service and any Supplemental Terms for a particular Service, the terms and conditions shall govern Your use and access of that Service in the following order of precedence:
Notwithstanding the foregoing, in addition, in connection with a contest, if either the contest rules for the specific contest directly conflict with specific terms and conditions in these Terms of Service or any Supplemental Terms, the applicable contest rule will control, but solely for purpose of the specific contest and not for any other purpose.
Last updated November 26, 2018