BEFORE STARTING ANY NEW HEALTH PROGRAM OR BEFORE YOU BEGIN TAKING ANY MEDICATION OR SUPPLEMENT, ALWAYS CHECK WITH YOUR PRIMARY HEALTH CARE PROVIDER.
“Brand” means a product brand listed on the site
“Retail” means a retail store listed on the site that sells a Brand
“posting” means that you transmit, submit, display or publish (“post”) content on the Site or through a Linked Service;
“content” includes but is not limited to like and dislike, comments and / or reviews regarding Brands or Retail, links, private messages, emails and instant messages, photos, videos, articles, text, files, images, sounds, musical works, works of authorship, applications, or any other materials;
4.2 Membership & Services 4.2.1 “Member” is a person who registers with the Site and is entitled to complete his or her profile, the details of which are defined in Schedule A and may post Brand likes and dislikes & review Brands and Retailers.
4.2.2 “Retail Member” is a person who registers with the Site as a Member and represents or owns a retail location listed on the site and is entitled to the services listed as “Retail Services” in Schedule A1.
4.2.3 “Brand Member” is a person who registers with the Site as a Member and represents or owns a Brand listed on the site and is entitled to the services listed as “Brand Services” in Schedule A2.
4.2.4 The Site provides for advertising, marketing and promotion of Brands and Retail outlets.
4.2.5 Members under the age of 19 are not to receive content for events, products or services restricted to person 19 years or older.
4.2 6 Fees: Members pay no fees for registering.
5. Passwords and Security: You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Planet-Tek immediately of any authorized use of your password(s). You are responsible for all actions performed by your account whether done by you or by others.
6. Intellectual Property 6.1 Intellectual Property Rights for Postings: Planet-Tek does not claim any ownership rights in the Content you post (“your Content”. ) You retain any such rights that you may have in your Content, subject to the following license. You hereby grant to Planet-Tek a worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute your Content, including, to the Site, any applications, websites or mobile, desktop or other services which are linked with your Planet-Tek Profile and which includes, distributing part or all of the Linked Services and any of your content, in any media formats existing now or in the future and through any media channels. Notwithstanding the foregoing, you agree and understand that once your Content is distributed to a Linked Service, Planet-Tek is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
6. 2 The license you grant to Planet-Tek is non-exclusive (so that you can license Content to others) and is royalty-free and is sub-licensable.
6. 3 You warrant and represent that: (i) you either own the content posted by you, or otherwise have the right to so post and grant the license to Planet-Tek provided for in this Agreement, and (ii) the content posted by you does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for any and all fines, royalties, fees, and any other monies whatsoever owing any person or entity by reason of the use of any Content posted by you on or through the Site or Linked Services.
7. Prohibition of Publication of Certain Material and Activities: 7.1 General: You agree to use the Site and the Linked Services for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any International, United States or Canadian Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material that we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. You assume all risks if content you post is not in the public domain when you have assumed that it is.
7.3 Prohibited Content 7.3.1 You agree not to post to the Site or any Linked Service any Unlawful or Inappropriate Content as outlined below. Despite this prohibition, content provided by other Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Planet-Tek assumes no responsibility or liability for this content. You agree that if you become aware of any illegal or unauthorized content by any person or Linked Service, to report the said content to us by clicking on the "Contact Planet-Tek” link or the “Report Abuse” link on the location of said content.
7. 3.3 You are solely responsible for the content that you post on the Site or through Linked Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3.4 You shall not knowingly or unknowingly post any unlawful or inappropriate content (“Unlawful or Inappropriate Content”) which includes, without limitation: (i) any material which violates or infringes any copyright, trade mark, trade secret, patent, statutory, common law or other proprietary rights of others; (ii) any material that is libellous or slanderous; (iii) fraudulent, defamatory or deceptive statements; (iv) content that unlawfully promotes or incites hatred or consists of threatening, intimidating, abusive or harassing statements; (v) any material which is or contains anything obscene, offensive or pornographic; or sites that may imply sexual content, or link to adult content elsewhere (vi) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. (vii) that is not consistent with or violates any applicable International, local, provincial and federal laws and regulations (viii) any material which violates or infringes any term or condition in any of our suppliers Contracts (ix) any material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (x) any link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; (xi) any material that would create a warez sites such as but not limited to: torrent files, links to illegal downloads or illegal music files, (xii) any material that allows for the luring of or exploits children under the age of 18 including but not limited to modelling of persons under the age of 18; (xii) content that is otherwise objectionable or offensive;
7.4 Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. We do not screen in advance your Content that you Post. The Site’s publication of material submitted by you does not create any express or implied approval by us of such material, nor does it indicate that such material complies with this Terms of Service.
7.6 You shall not use the Service primarily for the purposes of storage. We reserve the right to limit the storage capacity of Content that you post on the Site.
8. Service Interruption We may suspend the Site at any time for any duration of time, without penalty or liability to us, where necessary. You agree that it may be necessary for us to temporarily suspend our Site for technical reasons or for maintenance. We shall not bear any liability whatsoever for: (i) any such suspensions of the Site; (ii) the termination of the Site pursuant to these Terms and Conditions; (iii) suspension or termination of The Site due to your non-payment of amounts or deposits due; (iv) suspension or termination of The Site due to your unlawful or improper use of facilities or The Site by You; (v) your inability to access any The Site; or (vi) suspension or termination of the Site for any other reason at our sole discretion. Neither we nor our suppliers warrant or say that the Site will be uninterrupted or error free.
9. Protecting Copyrights and Other Intellectual Property We respect the intellectual property of others, and we require that our Users do the same. As such, you may not in using the Site or any Linked Service infringe any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Our policy is to advise Members of alleged proprietary infringement and also to terminate or disable the Membership of repeat infringers. If you believe your copyright or other propriety right has been infringed on or through the Site or Service, please send our Copyright Agent a notification of claimed infringement with sufficient identification information such as: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Planet-Tek[address] ; Attn: Copyright Agent and electronically at firstname.lastname@example.org.
11. Member Disputes You agree to be solely responsible for any interactions that you may have with other Members, third party developers or any other parties with whom you interact through the Site or Linked Services. Planet-Tek reserves the right, but has no obligation, to become involved in any way with these disputes.
12. U.S. & Other Export Controls You agree that any software available with the Site and Linked Services (the "Software") may be subject to United States and other export controls and that no such Software may be downloaded from the Site nor exported or re-exported in violation of export laws and that using or downloading the Software is at your sole risk.
13. General: 13.1 This Agreement is accepted upon your use of the Site and is further affirmed by you becoming a Member.
13.2 Waiver: The failure of Planet-Tek to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
13.3 This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
13.4 Disclaimer: THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE. Planet-Tek EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Planet-Tek MAKES NO WARRANTY THAT: (A) THE SITE 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 THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. Planet-Tek SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. Planet-Tek RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE. WITHOUT LIMITATION, Planet-Tek is not liable to you or to any third party for any events listed on the Site. You agree to contact the events organizer directly for information such as buying tickets, renting space & attending. Planet-Tek takes no responsibility for the events whatsoever. Limitation of Liability IN NO EVENT SHALL Planet-Tek 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, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the generality of the foregoing, Planet-Tek is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Planet-Tek is or has been negligent or grossly negligent. Without limiting the generality of the foregoing, Planet-Tek is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Planet-Tek has been advised of the possibility of such claim, loss, damages, liability or expenses by You or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. Without limitation, Planet-Tek is not responsible in the event that information intended to be private become public. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall Planet-Tek's liability to you exceed $ 10.00
13.5 Indemnity: You agree to defend, indemnify and hold harmless Planet-Tek, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Site or your access to or use of any third party web sites, content, products and services.
13.6 Applicable Laws Canadian federal law or the laws of the Province of Ontario shall govern all matters relating to your access to, and use of the Site or your access to or use of any third party web sites, content, products and services. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a Federal or Provincial court in Toronto, Ontario. You and Planet-Tek agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13.7 Arbitration: Copyright/Trademark Information: This web site and its content is Copyright © 2011 Planet-Tek is a trade-marks of Planet-Tek Systems Inc. All rights reserved.
Schedules Schedule A Member Content: (a) name (b) display name (c) gender (d) birth date (e) email address (f) profile picture (g) like, dislikes and reviews of Brands & Retail Stores (h) Brand Ownership (i) Retail Ownership. Schedule A1 Retail Member Services When you register at Planet-Tek as a Retail Member you may be allowed the following services at Planet-Tek’s discretion: Schedule A2 Brand Member Services When you register at Planet-Tek as a Brand Member you may be allowed the following services at Planet-Tek’s discretion: