This is an agreement with respect to your use of MASHON.com ("Website") and its
online services. This website is provided and operated by Planetwide Media
("Planetwide.") By using the online services provided by Planetwide on the
Website ("Services,") you agree to be bound by these Terms of Use, whether or
not you are a registered member ("Member.") In these Terms of Use ("Terms")
"you" and “your" refer to users in general, whether or not you are a Member.
By using the Services, you will be subject to any posted guidelines or rules
applicable to such Services (collectively, the "Guidelines"). Any and all such
Guidelines are hereby incorporated into the Terms by reference. By accessing or
using the Website or any Services of the Website, you signify your acceptance of
these terms and conditions, and the terms and conditions of the Website's
Privacy Policy, which are incorporated herein by reference ("Agreement").
2. Downloads
In order to participate in certain MashON activities, if you are required to
download certain software or content or agree to certain additional terms and
conditions, those additional terms are incorporated herein by reference.
3. Membership
Use of the Website and/or Services and membership in the Website is void where
prohibited, and limited to those who satisfy the following conditions of
membership: you are at least fourteen (14) years old; your registration
information is true and accurate; you agree to the Terms of Use; you agree to
the Privacy Policy; and your use of the Website does not violate any applicable
law.
You agree not to use another person's user name, account, or password, to keep
your password secure, and that you are solely responsible for any activity on
your account. You agree to notify Planetwide immediately if you suspect
unauthorized use of your account, or any other security breach. You are solely
responsible for any and all losses due to unauthorized use of your account.
4. Term
This Agreement shall remain in force for the period you use the Website. If your
membership is terminated, these Terms shall remain in effect. You may cancel
your membership in the Website at any time by contacting us at
webmaster@MashON.com. Upon receipt of your cancellation email, we
will terminate your account within two (2) business days. You are responsible
for any activity on your account or charges to your account until that time.
Planetwide reserves the right, at its sole discretion, to reject, refuse to
post, or remove any posting, public or private (including email), by you, and to
restrict, suspend, or terminate your access to any or all of the Website or
Services at any time, with or without notice, and without liability. Planetwide
and the Website will not be responsible for any losses, damages, claims, or
actions of any kind, either directly or indirectly related to or arising from
the restriction, suspension, or termination of access to the Website or
Services.
Upon termination of your membership in the Website, you must immediately cease
all use of the Services and destroy all materials obtained from the Website
and/or Services and any copies thereof.
5. Fees
MashON.com provides its services free of charge to Members. MashON.com reserves
the right to charge for Services and to change its fees from time to time at its
sole discretion. If your membership is terminated by Planetwide or the Website,
you shall not be entitled to a refund of any subscription.
6. Prohibited Uses and Content
The following uses and content are prohibited on the Website. Consequences may
include removal of the offending content, termination of membership without
notice, and pursuit of legal action when appropriate:
a) Commercial Uses. MashON is for members' personal use and may not be used in
connection with commercial endeavors except as endorsed and approved by the
Website. The Website may not be used to collect usernames or email addresses by
any means for the purposes of sending unsolicited email. Unauthorized linking to
or framing of the Website is expressly prohibited.
b) Offensive Content. Members may not post, upload, email, or otherwise transmit
any content that is or promotes racism, hatred, threats, harassment, stalking,
abuse, vulgarity, obscenity, libel, hate, or invasion of privacy in any way.
c) Violations of Intellectual Property Rights. Members may not upload, post,
email, or transmit by any other means any content that infringes upon any
patent, trademark, trade secret, copyright or other proprietary rights of any
party, or which you do not have the right to transmit under any law, contract,
or fiduciary relationship.
d) Disruption. Members may not upload, post, email, or otherwise transmit
anything that contains worms, viruses, or any other computer file, code, or
program designed to disrupt, interrupt, limit, or destroy the functionality of
the Website's software, hardware, or telecommunications equipment. Members may
not place an undue load on the Website, access the Website by any means other
than that provided by Planetwide, or attempt to access any area of the Website
to which access is not authorized to members. Members may not interfere with the
normal functioning of the Website, servers, or network.
e) Impersonations. Members may not impersonate any actual person or entity, or
falsely claim association with any actual person or entity.
f) Illegal Activity. Members shall not knowingly or unknowingly violate any
applicable local, state, national, or international law.
7. Intellectual Property Rights: MashON Content
Members agree not to use, distribute, transfer, or dispose of Website content or
Services in any manner that would compete with the business of Planetwide. The
content of MashON is protected by copyright, trademark, service mark, patent,
trade secret, and other domestic and international laws. Planetwide owns and
retains all rights to Website Content and Services. Website hereby grants
members a limited, revocable license to display and reproduce Website content,
excluding software code, solely for personal use in viewing Website Content and
using Website Services. Website contains licensor and user content.
You may not copy, publish, modify, translate,
transmit, distribute, broadcast, perform, display, or sell any Content on the
Website to which you do not own the intellectual property rights.
8. Intellectual Property Rights: Member Content
By agreeing to these Terms of Use, you affirm, represent, or warrant that: a)
you own the right to the content posted by you on or through the Website or
otherwise have the right to grant the License
set forth below in this Agreement, and b) posting your content on MashON
does not violate the copyrights, privacy rights, publicity rights, contract
rights, or any other rights of any other person. You are solely responsible for
the content you post, and for any and all consequences of posting or publishing
it. This License terminates when you remove or delete your user content from
Website.
You retain all ownership rights in your user submissions. For the purposes of
operating the Website, however, you hereby grant Website and Planetwide a
limited license to use, modify, publicly perform, reproduce, publicly display,
and distribute your content on Website, in connection with Website Services, and
for advertising, marketing, promotional, and fund-raising purposes (“License”).
This License is non-exclusive, royalty-free, fully-paid, sublicensable, and
worldwide. This License does not grant the Website or Planetwide any right to
sell your Content, or distribute it except in connection with Website Services,
advertising, marketing, promotions, and fund-raising activities.
Planetwide and Website do not necessarily review user content prior to posting.
Planetwide and Website do not endorse and are not responsible for the accuracy,
reliability, usefulness, safety, or intellectual property rights of such
content.
9. Warranty Disclaimer
YOU AGREE THAT USE OF WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE
MAXIMUM EXTENT PERMISSIBLE BY LAW, PLANETWIDE AND WEBSITE HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WEBSITE, CONTENT, AND
SERVICES ARE MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. MEMBER AGREES
TO ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO
USE, THE WEBSITE OR SERVICES.
PLANETWIDE MAKES NO WARRANTIES OR REPRENSENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS WEBSITE’S CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO
THIS WEBSITE. WEBSITE AND PLANETWIDE DO NOT WARRANT OR REPRESENT THAT THE
WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Privacy Policy
You hereby grant Planetwide and its representatives the right to access your
account and records as necessary to investigate any unauthorized use of Website
or Services including but not limited to copyright infringement, abuse, and/or
harassment.
Planetwide recognizes and respect the privacy and preferences of our customers
and other users of this Website. Please note that this Website may contain links
to other websites and/or information provided by third parties. Planetwide is
not responsible for the privacy practices or the content of any website not
owned or operated by us or our affiliates.
Please read the following Privacy Policy carefully before registering on this
Website or accessing any part of this Website. Your access of this Website
constitutes your agreement with and acknowledgement of this Privacy Policy. If
you do not agree with our Privacy Policy, please do not access this Website.
From time to time Planetwide develops mechanisms to enhance the user experience
on this Website and to provide our users with greater choice related to
information use and disclosure. In general, Planetwide gathers information about
our customers and other users while they are visiting this Website and when our
customers and other users utilize our Services. The collection of this
information enables us to tailor our content to our customers and other users,
to improve this Website, and to help better understand our customers, which
assists us in improving our business and the services Planetwide offers to our
customers. At this Website Planetwide collects and stores information required
to conduct business transactions requested by our customers and to properly
conduct communications with our customers. Such information may include
personally identifiable information. Personally identifiable information is
information that tells us specifics about you, such as name, address, IP
address, e-mail address, phone number, credit card number, bank account number
and other similar information. Except as described below, Planetwide will not
divulge personally identifiable information about you to any third party unless
you give us express consent to do so. Planetwide may share non-identifying
aggregated demographic information with our affiliates, partners and
advertisers. However, Planetwide will not correlate this information with
specific data about individual users. Planetwide may also track user traffic
patterns throughout this Website, user conduct or behavior when using our
services and products, and may share such non-identifying aggregated user
conduct, behavior and demographic information with our affiliates, partners and
advertisers.
In the event that you provide the Website or Planetwide otherwise collects
detailed personal identifiable information, Planetwide will act in a responsible
manner with respect to that information and in accordance with applicable laws.
Planetwide will use the personally identifiable information to respond to your
requests and to provide you with requested information. Subject to applicable
law, Planetwide may share information with our affiliates and with third parties
when they perform services for us, including marketing services, or with third
parties with whom Planetwide has marketing agreements, or if you ask for
information about products and services offered by a third party. These third
parties are either bound to comply with our privacy policy or have privacy
policies that protect your information and are also subject to applicable laws
in regard to the use and disclosure of such personally identifiable information.
Planetwide and/or our affiliates may maintain information that you chose to
provide to contact you, from time to time, regarding our or their products
and/or services and/or for use in our or their aggregate statistics and
aggregate information regarding user behavior.
If you are using this Website to purchase any goods or services, Planetwide may
need for you to provide us with certain financial information so that Planetwide
may effect the payment transaction. As part of our payment system, Planetwide or
third parties performing sales processing services on our behalf, will collect,
store and use non-public personally identifiable information, such as your name,
address, credit card number, bank routing number and bank account number, your
account number with us and your e-mail address. In addition, the payment system
will also collect information regarding the actual bill payment transaction,
including the date and amount paid. Planetwide will store and protect this
information in the same manner Planetwide store and protect other personal
information.
Planetwide may also store and disclose personal information as allowed or
required by applicable law, including making disclosures that are necessary or
advisable in good faith to: (i) protect our or others’ rights (including without
limitation, intellectual property rights), safety or property; (ii) comply with
legal or regulatory requirements; (iii) complete transactions you authorize (for
example, to an outside service provider that operates the electronic payment
system for us); (iv) verify the existence and condition of your account for a
third party, such as a credit bureau; and (v) maintain and operate this Website.
Without your express approval, however, Planetwide will not trade, sell or rent
your personal information. However, as Planetwide develops our business,
Planetwide may buy or sell assets or stock and, depending upon the transaction,
your personal information may be one of the transferred assets. In the event
that Planetwide is acquired by another company, your personal information may be
part of the assets transferred to the acquiring party.
Any personally identifiable information Planetwide may collect about you is
saved in a profile that is kept on our server. The profile includes your contact
information and billing information. You can help us maintain the accuracy of
your profile by updating the information in your profile when you change your
address, phone number or e-mail address. If you wish to update your contact or
billing information, you can do so when you log in to our customer section.
Otherwise, you can let us know of any changes to your information by contacting
us at 32 Journey Suite 250, Aliso Viejo, California, 92656 telephone no. (949)
421-0488 or by e-mail at
privacy@planetwidegames.com. Please
include your current contact information so that Planetwide can make the
appropriate corrections.
Planetwide and Website have no intention of collecting any personal data from
individuals that Planetwide and Website actually know are under 13 years of age.
This Website is not directed to children under the age of 13 and no part of this
Website is intentionally structured to attract anyone under age 13.
Cookies. A “cookie” is a piece of data stored on the user's hard drive that
contains information about the user. When a customer or user fills out a form
on-line, the contents of the form is saved in a cookie on their hard drive. The
next time the customer or user needs the information, the information for them
is automatically populated from the cookie. Planetwide may also use the
information to contact customers and other users in connection with their
requests.
Governing Law. The internal laws of the State of California, without reference
to any choice of law provisions, shall govern any claims relating to the
materials on this Website.
Severability. If any term of this Agreement is declared unlawful, void or for
any reason unenforceable by any court in any jurisdiction, then such term will
be deemed severable from the remaining terms in such jurisdiction and will not
affect the validity and enforceability of such remaining terms.
Revisions. Planetwide may revise the foregoing Privacy Policy at any time, and
all customers and other users will be bound by such revisions. Revisions will be
posted on this "Privacy Policy" page and customers and other users are
responsible to review the page from time to time to ensure compliance. The most
current Privacy Policy will apply to all information and data collected on this
Website, no matter what version of the Privacy Policy was in effect when the
information or data was collected.
Security. Planetwide will use commercially reasonable physical, electronic and
procedural safeguards to protect the security, integrity and privacy of
information under our control. These security measures include IP address
validation, SSL (secure socket layer) encryption and password protection.
Although Planetwide will exercise reasonable care in providing secure
transmission of information between your computer and our servers, due to the
inherent insecurity of the Internet, Planetwide cannot ensure or warrant the
security, integrity or privacy of any information or data transmitted to us over
the Internet and Planetwide accepts no liability for any breach of security or
any unintentional disclosure, loss or misuse of any such information or data or
for the actions of any third parties that may obtain any such information or
data.
Contacting Us. If you have any questions about the foregoing Privacy Policy,
please contact us at 32 Journey Suite 250, Aliso Viejo, California, 92656
telephone no. (949) 421-0488 or by e-mail at
privacy@planetwidegames.com.
11. Limitation on Liability
IN NO EVENT WILL PLANETWIDE OR WEBSITE BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST
DATA WHATSOEVER, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES WHATSOEVER
RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES, OR MATERIALS PROVIDED TO YOU
BY PLANETWIDE OR WEBSITE. THIS LIMITATION OF LIABILITY WILL APPLY WITHOUT REGARD
TO WHETHER DAMAGES ARISE OUT OF TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL
THEORY OR ACTION. PLANETWIDE’S AND WEBSITE’S LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT PROVIDED BY LAW.
YOU AGREE THAT NEITHER PLANETWIDE NOR WEBSITE SHALL BE LIABLE FOR USER CONTENT
OR THE OFFENSIVE, DEROGATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
12. Member Disputes
You are solely responsible for any disputes between you and other Members.
Planetwide and Website reserve the right, though has no obligation, to monitor
or resolve disputes between Members.
13. Indemnity
YOU AGREE TO INDEMNIFY PLANETWIDE, ITS PARENT, SUBSIDIARIES, AFFILIATES,
PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND WEBSITE HARMLESS FROM ANY CLAIM,
DEMAND, OR LOSS INCLUDING REASONABLE ATTORNEYS’ FEES, MADE OR OBTAINED BY ANY
THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF WEBSITE OR SERVICES, CONTENT
YOU POST ON THE WEBSITE, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY
RIGHTS OF ANOTHER.
14. Assignment
These Terms of Use and any rights and licenses granted hereby cannot be
transferred or assigned by you, but may be assigned by Planetwide or Website
without limitation.
MashON.com
Terms of Use
1. Acceptance
This is an agreement with respect to your use of MASHON.com ("Website") and its online services. This website is provided and operated by Planetwide Media ("Planetwide.") By using the online services provided by Planetwide on the Website ("Services,") you agree to be bound by these Terms of Use, whether or not you are a registered member ("Member.") In these Terms of Use ("Terms") "you" and “your" refer to users in general, whether or not you are a Member.
By using the Services, you will be subject to any posted guidelines or rules applicable to such Services (collectively, the "Guidelines"). Any and all such Guidelines are hereby incorporated into the Terms by reference. By accessing or using the Website or any Services of the Website, you signify your acceptance of these terms and conditions, and the terms and conditions of the Website's Privacy Policy, which are incorporated herein by reference ("Agreement").
2. Downloads
In order to participate in certain MashON activities, if you are required to download certain software or content or agree to certain additional terms and conditions, those additional terms are incorporated herein by reference.
3. Membership
Use of the Website and/or Services and membership in the Website is void where prohibited, and limited to those who satisfy the following conditions of membership: you are at least fourteen (14) years old; your registration information is true and accurate; you agree to the Terms of Use; you agree to the Privacy Policy; and your use of the Website does not violate any applicable law.
You agree not to use another person's user name, account, or password, to keep your password secure, and that you are solely responsible for any activity on your account. You agree to notify Planetwide immediately if you suspect unauthorized use of your account, or any other security breach. You are solely responsible for any and all losses due to unauthorized use of your account.
4. Term
This Agreement shall remain in force for the period you use the Website. If your membership is terminated, these Terms shall remain in effect. You may cancel your membership in the Website at any time by contacting us at webmaster@MashON.com. Upon receipt of your cancellation email, we will terminate your account within two (2) business days. You are responsible for any activity on your account or charges to your account until that time.
Planetwide reserves the right, at its sole discretion, to reject, refuse to post, or remove any posting, public or private (including email), by you, and to restrict, suspend, or terminate your access to any or all of the Website or Services at any time, with or without notice, and without liability. Planetwide and the Website will not be responsible for any losses, damages, claims, or actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to the Website or Services.
Upon termination of your membership in the Website, you must immediately cease all use of the Services and destroy all materials obtained from the Website and/or Services and any copies thereof.
5. Fees
MashON.com provides its services free of charge to Members. MashON.com reserves the right to charge for Services and to change its fees from time to time at its sole discretion. If your membership is terminated by Planetwide or the Website, you shall not be entitled to a refund of any subscription.
6. Prohibited Uses and Content
The following uses and content are prohibited on the Website. Consequences may include removal of the offending content, termination of membership without notice, and pursuit of legal action when appropriate:
a) Commercial Uses. MashON is for members' personal use and may not be used in connection with commercial endeavors except as endorsed and approved by the Website. The Website may not be used to collect usernames or email addresses by any means for the purposes of sending unsolicited email. Unauthorized linking to or framing of the Website is expressly prohibited.
b) Offensive Content. Members may not post, upload, email, or otherwise transmit any content that is or promotes racism, hatred, threats, harassment, stalking, abuse, vulgarity, obscenity, libel, hate, or invasion of privacy in any way.
c) Violations of Intellectual Property Rights. Members may not upload, post, email, or transmit by any other means any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which you do not have the right to transmit under any law, contract, or fiduciary relationship.
d) Disruption. Members may not upload, post, email, or otherwise transmit anything that contains worms, viruses, or any other computer file, code, or program designed to disrupt, interrupt, limit, or destroy the functionality of the Website's software, hardware, or telecommunications equipment. Members may not place an undue load on the Website, access the Website by any means other than that provided by Planetwide, or attempt to access any area of the Website to which access is not authorized to members. Members may not interfere with the normal functioning of the Website, servers, or network.
e) Impersonations. Members may not impersonate any actual person or entity, or falsely claim association with any actual person or entity.
f) Illegal Activity. Members shall not knowingly or unknowingly violate any applicable local, state, national, or international law.
7. Intellectual Property Rights: MashON Content
Members agree not to use, distribute, transfer, or dispose of Website content or Services in any manner that would compete with the business of Planetwide. The content of MashON is protected by copyright, trademark, service mark, patent, trade secret, and other domestic and international laws. Planetwide owns and retains all rights to Website Content and Services. Website hereby grants members a limited, revocable license to display and reproduce Website content, excluding software code, solely for personal use in viewing Website Content and using Website Services. Website contains licensor and user content. You may not copy, publish, modify, translate, transmit, distribute, broadcast, perform, display, or sell any Content on the Website to which you do not own the intellectual property rights.
8. Intellectual Property Rights: Member Content
By agreeing to these Terms of Use, you affirm, represent, or warrant that: a) you own the right to the content posted by you on or through the Website or otherwise have the right to grant the License set forth below in this Agreement, and b) posting your content on MashON does not violate the copyrights, privacy rights, publicity rights, contract rights, or any other rights of any other person. You are solely responsible for the content you post, and for any and all consequences of posting or publishing it. This License terminates when you remove or delete your user content from Website.
You retain all ownership rights in your user submissions. For the purposes of operating the Website, however, you hereby grant Website and Planetwide a limited license to use, modify, publicly perform, reproduce, publicly display, and distribute your content on Website, in connection with Website Services, and for advertising, marketing, promotional, and fund-raising purposes (“License”). This License is non-exclusive, royalty-free, fully-paid, sublicensable, and worldwide. This License does not grant the Website or Planetwide any right to sell your Content, or distribute it except in connection with Website Services, advertising, marketing, promotions, and fund-raising activities.
Planetwide and Website do not necessarily review user content prior to posting. Planetwide and Website do not endorse and are not responsible for the accuracy, reliability, usefulness, safety, or intellectual property rights of such content.
9. Warranty Disclaimer
YOU AGREE THAT USE OF WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, PLANETWIDE AND WEBSITE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WEBSITE, CONTENT, AND SERVICES ARE MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. MEMBER AGREES TO ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
PLANETWIDE MAKES NO WARRANTIES OR REPRENSENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. WEBSITE AND PLANETWIDE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
10. Privacy Policy
You hereby grant Planetwide and its representatives the right to access your account and records as necessary to investigate any unauthorized use of Website or Services including but not limited to copyright infringement, abuse, and/or harassment.
Planetwide recognizes and respect the privacy and preferences of our customers and other users of this Website. Please note that this Website may contain links to other websites and/or information provided by third parties. Planetwide is not responsible for the privacy practices or the content of any website not owned or operated by us or our affiliates.
Please read the following Privacy Policy carefully before registering on this Website or accessing any part of this Website. Your access of this Website constitutes your agreement with and acknowledgement of this Privacy Policy. If you do not agree with our Privacy Policy, please do not access this Website.
From time to time Planetwide develops mechanisms to enhance the user experience on this Website and to provide our users with greater choice related to information use and disclosure. In general, Planetwide gathers information about our customers and other users while they are visiting this Website and when our customers and other users utilize our Services. The collection of this information enables us to tailor our content to our customers and other users, to improve this Website, and to help better understand our customers, which assists us in improving our business and the services Planetwide offers to our customers. At this Website Planetwide collects and stores information required to conduct business transactions requested by our customers and to properly conduct communications with our customers. Such information may include personally identifiable information. Personally identifiable information is information that tells us specifics about you, such as name, address, IP address, e-mail address, phone number, credit card number, bank account number and other similar information. Except as described below, Planetwide will not divulge personally identifiable information about you to any third party unless you give us express consent to do so. Planetwide may share non-identifying aggregated demographic information with our affiliates, partners and advertisers. However, Planetwide will not correlate this information with specific data about individual users. Planetwide may also track user traffic patterns throughout this Website, user conduct or behavior when using our services and products, and may share such non-identifying aggregated user conduct, behavior and demographic information with our affiliates, partners and advertisers.
In the event that you provide the Website or Planetwide otherwise collects detailed personal identifiable information, Planetwide will act in a responsible manner with respect to that information and in accordance with applicable laws. Planetwide will use the personally identifiable information to respond to your requests and to provide you with requested information. Subject to applicable law, Planetwide may share information with our affiliates and with third parties when they perform services for us, including marketing services, or with third parties with whom Planetwide has marketing agreements, or if you ask for information about products and services offered by a third party. These third parties are either bound to comply with our privacy policy or have privacy policies that protect your information and are also subject to applicable laws in regard to the use and disclosure of such personally identifiable information. Planetwide and/or our affiliates may maintain information that you chose to provide to contact you, from time to time, regarding our or their products and/or services and/or for use in our or their aggregate statistics and aggregate information regarding user behavior.
If you are using this Website to purchase any goods or services, Planetwide may need for you to provide us with certain financial information so that Planetwide may effect the payment transaction. As part of our payment system, Planetwide or third parties performing sales processing services on our behalf, will collect, store and use non-public personally identifiable information, such as your name, address, credit card number, bank routing number and bank account number, your account number with us and your e-mail address. In addition, the payment system will also collect information regarding the actual bill payment transaction, including the date and amount paid. Planetwide will store and protect this information in the same manner Planetwide store and protect other personal information.
Planetwide may also store and disclose personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable in good faith to: (i) protect our or others’ rights (including without limitation, intellectual property rights), safety or property; (ii) comply with legal or regulatory requirements; (iii) complete transactions you authorize (for example, to an outside service provider that operates the electronic payment system for us); (iv) verify the existence and condition of your account for a third party, such as a credit bureau; and (v) maintain and operate this Website. Without your express approval, however, Planetwide will not trade, sell or rent your personal information. However, as Planetwide develops our business, Planetwide may buy or sell assets or stock and, depending upon the transaction, your personal information may be one of the transferred assets. In the event that Planetwide is acquired by another company, your personal information may be part of the assets transferred to the acquiring party.
Any personally identifiable information Planetwide may collect about you is saved in a profile that is kept on our server. The profile includes your contact information and billing information. You can help us maintain the accuracy of your profile by updating the information in your profile when you change your address, phone number or e-mail address. If you wish to update your contact or billing information, you can do so when you log in to our customer section. Otherwise, you can let us know of any changes to your information by contacting us at 32 Journey Suite 250, Aliso Viejo, California, 92656 telephone no. (949) 421-0488 or by e-mail at privacy@planetwidegames.com. Please include your current contact information so that Planetwide can make the appropriate corrections.
Planetwide and Website have no intention of collecting any personal data from individuals that Planetwide and Website actually know are under 13 years of age. This Website is not directed to children under the age of 13 and no part of this Website is intentionally structured to attract anyone under age 13.
Cookies. A “cookie” is a piece of data stored on the user's hard drive that contains information about the user. When a customer or user fills out a form on-line, the contents of the form is saved in a cookie on their hard drive. The next time the customer or user needs the information, the information for them is automatically populated from the cookie. Planetwide may also use the information to contact customers and other users in connection with their requests.
Governing Law. The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to the materials on this Website.
Severability. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms.
Revisions. Planetwide may revise the foregoing Privacy Policy at any time, and all customers and other users will be bound by such revisions. Revisions will be posted on this "Privacy Policy" page and customers and other users are responsible to review the page from time to time to ensure compliance. The most current Privacy Policy will apply to all information and data collected on this Website, no matter what version of the Privacy Policy was in effect when the information or data was collected.
Security. Planetwide will use commercially reasonable physical, electronic and procedural safeguards to protect the security, integrity and privacy of information under our control. These security measures include IP address validation, SSL (secure socket layer) encryption and password protection. Although Planetwide will exercise reasonable care in providing secure transmission of information between your computer and our servers, due to the inherent insecurity of the Internet, Planetwide cannot ensure or warrant the security, integrity or privacy of any information or data transmitted to us over the Internet and Planetwide accepts no liability for any breach of security or any unintentional disclosure, loss or misuse of any such information or data or for the actions of any third parties that may obtain any such information or data.
Contacting Us. If you have any questions about the foregoing Privacy Policy, please contact us at 32 Journey Suite 250, Aliso Viejo, California, 92656 telephone no. (949) 421-0488 or by e-mail at privacy@planetwidegames.com.
11. Limitation on Liability
IN NO EVENT WILL PLANETWIDE OR WEBSITE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA WHATSOEVER, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES, OR MATERIALS PROVIDED TO YOU BY PLANETWIDE OR WEBSITE. THIS LIMITATION OF LIABILITY WILL APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE OUT OF TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY OR ACTION. PLANETWIDE’S AND WEBSITE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PROVIDED BY LAW.
YOU AGREE THAT NEITHER PLANETWIDE NOR WEBSITE SHALL BE LIABLE FOR USER CONTENT OR THE OFFENSIVE, DEROGATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
12. Member Disputes
You are solely responsible for any disputes between you and other Members. Planetwide and Website reserve the right, though has no obligation, to monitor or resolve disputes between Members.
13. Indemnity
YOU AGREE TO INDEMNIFY PLANETWIDE, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND WEBSITE HARMLESS FROM ANY CLAIM, DEMAND, OR LOSS INCLUDING REASONABLE ATTORNEYS’ FEES, MADE OR OBTAINED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF WEBSITE OR SERVICES, CONTENT YOU POST ON THE WEBSITE, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
14. Assignment
These Terms of Use and any rights and licenses granted hereby cannot be transferred or assigned by you, but may be assigned by Planetwide or Website without limitation.