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Privacy Policy
 
This PLANETii Terms of Use (the "Agreement") provides important information about the permitted uses of our website. We encourage you to read and understand it thoroughly. You should also print out a copy of this Agreement for your future reference.

PLANETii provides this website, located at URL "http://www.planetii.com", all associated web pages maintained by us (the "Site"), information (the "Content"), and services and support (the "Support"), (and aggregately referred to as the "PLANETii Services") to you, subject to following terms and conditions contained in this Agreement. If you are a Subscriber (as defined below) who has registered and paid for access to the Subscription Areas (as defined below, the Subscription Services Agreement) shall also apply to your use of such Subscription Areas. Furthermore, our Privacy Policy shall govern our use of the information you provide to us in connection with the PLANETii Services.

By using the PLANETii Services, you agree that you have freely and voluntarily entered into the Agreement and have read and understood each and every provision, including, but not limited to, your rights, obligations, and applicable terms and conditions as set forth in the Agreement.

IMPORTANT: If you do not agree to be legally bound by the Agreement, you ARE NOT PERMITTED TO USE THE PLANETii SERVICES AND MUST discontinue use of THE PLANETII SERVICES immediately.

PLANETii reserves the right to amend any part of the Agreement, the PLANETii Services, including the pricing of such PLANETii Services, at any time. Such changes will be posted on the Site, and unless otherwise specified, those changes shall be effective upon posting. It is your responsibility to review such changes. IF YOU DISAGREE WITH ANY FUTURE CHANGES, YOU SHOULD DISCONTINUE USE OF THE PLANETII SERVICES. YOUR CONTINUED USE, NOW OR AFTER POSTING OF CHANGES, WILL INDICATE YOUR COMPLETE ACCEPTANCE OF THE AGREEMENT, THE PLANETII SERVICES, AND ITS CHANGES.

Using the PLANETii Services

The Site consists of 2 parts: the public areas (the "Public Areas") and the subscription areas (the "Subscription Areas"). The Public Areas provide general information about PLANETii and the PLANETii Services. It is accessible by the general public.

To gain access to the Subscription Area and use the PLANETii Services available therein, you must be a parent or legal guardian of the child, and must first register to become a subscriber (the "Subscriber") by accepting the terms and conditions of this Agreement and the Subscription Services Agreement, completing the Subscription Area registration process, and paying the requisite subscription fees. Each subscription includes 2 accounts: one for you, and one for your child. Both you and your child will gain a limited, non-exclusive access to the Subscription Area for the duration of the subscription. You will create and activate both accounts during your registration.

PLANETii takes a childs privacy very seriously, and we adhere stringently to the requirements of the United States Childrens Online Privacy Protection Act. The Subscription Area registration process must be completed by someone of at least 13 years of age. If you are under 13, please ask your parent or legal guardian to create and register your account for you. For further information about our privacy practices, please see the Privacy Policy.

The unique username (the "Username") and password (the "Password") that was selected or assigned to you and your child represents your on-line identity within the PLANETii Services. You may change your assigned password. You are solely responsible for all activity occurring through the use of your Username and Password. We strongly encourage that you keep you and your childs Username and Password safe and confidential at all times. If you have voluntarily disclosed your Username and Password to others, you may be held responsible for all their activities while using the PLANETii Services. To safeguard you and your childs account, you shall notify PLANETii immediately upon becoming aware of any actual or suspected unauthorized use, unauthorized disclosure, or theft of any Username or Password.

Permitted Use

PLANETii owns and operates the PLANETii Services. PLANETii grants you a non-exclusive, personal, non-transferable, non-sub-licensable, limited and revocable right to access, use and display this Site and the Content on any computers or other electronic display device of which you are a user, for your personal and family use only (the "Permitted Uses"), subject to the terms and conditions of this Agreement.

The Permitted Uses are subject to all terms and conditions of this Agreement and the Subscription Services Agreement. You agree to use the Site and Content only for lawful purposes and for the Permitted Uses. No other use of the Site or the Content is authorized. You are prohibited from any use of the Content of Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable laws or regulations or this Agreement and the Subscription Services Agreement. You may not publicly perform, publicly display, transmit, publish, participate in the sale or transfer of, modify or create derivative works based on any Content, in whole or in part. Without limiting the generality of the foregoing, you expressly agree not to use any Content in connection with teaching or tutoring any individuals who are not Registered Users. You may print a reasonable number of copies of the Content, provided that these copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content.

Copyrighted, Trademarked, and other Proprietary Materials

"PLANETii" and the graphical form of "ii" are registered trademarks (collectively, the "PLANETii Trademarks") of PLANETii. Other company, product and service names and logos used and displayed on this Site may be trademarks or service marks owned by others. Nothing on this Site should be construed as granting any license or right to use any of the PLANETii Trademarks or other trademarks. All goodwill generated from the use of the PLANETii Trademarks on any web site will incur to our benefit. The Site also contains material protected by copyrights or other proprietary rights and laws, including, but not limited to, text, software, graphics and images (collectively, the "Proprietary Material") and such material is owned by PLANETii or its licensors. Any use of such proprietary Material other than as permitted herein is expressly prohibited without the prior permission of PLANETii and/or the relevant right holder.

If you believe, in good faith, that any material on the Site infringe your copyrights, you should send us a notice of claimed copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2) (a portion of the Digital Millennium Copyright Act"), to PLANETiis designated agent:
Copyright Agent: Goodwin Procter LLP
Attn: Mary J. Hildebrand, P.C.
Address:103 Eisenhower Parkway
Roseland, NJ07068
Phone: 973-994-7848
Fax: 973-993-4643
Email: mhildebrand@goodwinprocter.com
Framing and Linking to the Site Unless otherwise provided in this Agreement, no part of this Site may be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content or our Site may be retransmitted without the express written consent of PLANETii, or may it be used on any other site or in any networked computer environment. We prohibit use of any of the PLANETii Trademarks as part of a link to or from any site unless such a link is approved in advance by us in writing.

Privacy

We take your privacy very seriously here at PLANETii. Our Privacy Policy will govern all information we collect from you related to your use of the Site.

Monitoring of the Site

Subject to terms and conditions of our Privacy Policy, PLANETii has the right, but not the obligation, to monitor the Site and to disclose such information as we deem necessary or appropriate, including without limitation, to satisfy any law, regulation or other governmental request, to operate the Site or to protect ourselves or other users of the Site. PLANETii reserves the right to aggregate information collectively and anonymously from our users to perform data and performance analysis to enhance our Service and features without further authorization from you.

Unsolicited Submissions

Any unsolicited communications that you make to the Site, including communications containing feedback, comments, ideas and concepts (collectively, "Unsolicited Communications") will be considered non-confidential and non-proprietary. PLANETii and its affiliates are free to use and dispose of such Unsolicited Communications for any purpose and in any manner whatsoever.By submitting an Unsolicited Communication, you grant PLANETii and its affiliates a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Communications. By providing Unsolicited Communications you warrant and represent that you own or otherwise control all of the rights to your Unsolicited Communications.Please be aware that no compensation will be paid with respect to the use of any Unsolicited Communications by PLANETii or any of its affiliates.

Third Party Sites

PLANETii provides links to third party websites ("Third-Party Sites") as a convenience to you from our Site. These Third-Party Sites will include websites of companies that have a relationship with PLANETii or may provide relevant information to the Site. Our decision to link a Third-Party Site is not an endorsement of the third party or the content in that linked Third-Party Site. You are strongly encouraged to read their terms of use and privacy policy before continue use of their site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITES, THEIR OWNERS OR OPERATORS, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY SITES, AND WE SHALL HAVE NO LIABILITY OF ANY NATURE IN RELATION TO ANY OF THE FOREGOING.

Service Availability

PLANETii, its affiliates or their respective officers, directors, employees or agents (collectively, the "PLANETii Parties") makes reasonable efforts to upkeep and ensurethat the PLANETii Services are available at all times to its members and customers. However, PLANETii does not guarantee, represent or warrant that all features of the PLANETii Services be uninterrupted, error-free or accessible at all times. Depending on third party license or service agreements, PLANETii reserves the right to remove or modify any or all products, services and related features from its website anytime without notice or liability. Reasonable attempts will be made to announce such changes in services prior to actual implementations.

PLANETii works hard to make sure all PLANETii Services and related Site features are accurate and up to date to the best of our knowledge, PLANETii is not liable of any inaccuracies, mistakes completeness or usefulness of any of the PLANETii Services. PLANETii shall endeavor to correct any reported errors, logistical or contextual and PLANETii invites its members and customers to help identify these inaccuracies. If for any reason you are not satisfied with your use of the PLANETii Services the sole remedy for the dissatisfaction is to discontinue use of our Site.

You acknowledge that PLANETii reserves the right to log off accounts that are inactive for an extended period of time from our network in an effort to keep your account safe. You acknowledge that you will not hold PLANETii liable for the loss of data directly or indirect related to this practice.

Termination

You agree and understand that PLANETii may suspend or terminate your access to and use of the Site at any time, with or without cause, in our absolute discretion and without notice, including any breach of this Agreement. The relevant version of this Agreement shall continue to apply to all prior use of the Site. The following paragraphs of this Agreement Use shall survive termination of your use or access to the Site: paragraphs concerning Disclaimers, Limitation of Liability, Indemnification, and General Provisions and any other provision that by its terms survives termination of your use of or access to the Site.

Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.NONE OF PLANETii, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PLANETii PARTIES") GUARANTEES THE TIMELINESS, ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT, LISTINGS OR RESPONSES.NONE OF THE PLANETii PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE TIMELINESS, USEFULNESS, ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.ALL OFTHE PLANETii PARTIES HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY OF THE CONTENT OR ANY SERVICES PROVIDED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE PLANETII PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR THE CONTENT.

Limitation of Liability

YOUR SOLE REMEDY FOR DISSATISFACTION WITH YOUR USE OF OUR SITE, OUR CONTENT OR ANY SERVICES OBTAINED THROUGH OUR SITE IS TO DISCONTINUE USE OF OUR SITE.YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE PLANETii PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OF THE CONTENT OR ANY SERVICES PROVIDED THROUGH THE SITE, INCLUDING: LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; ANY FAILURE OF PERFORMANCE, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR COMPUTER VIRUS; OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF THE PLANETii PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES.FURTHER, THE PLANETii PARTIES WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO COMPLY, BY YOU OR ANY THIRD PARTY, WITH THIS AGREEMENT OR WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS.

THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF:(I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF ANY COMPANY PARTY OR (II) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LEGAL LIABILITY; AND WILL REMAIN IN EFFECT EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.IN THOSE JURISDICTIONS, THE PLANETii PARTIES LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.IN NO EVENT SHALL THE PLANETii PARTIES AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

You agree to defend, indemnify, and hold harmless the PLANETii Parties from and against any and all actions (including third party actions and claims), demands, costs, claims, losses, liabilities, damages and expenses, including reasonable legal fees, arising out of the access to, use or misuse of this Site by you, or for your breach of or misrepresentation under this Agreement or arising in any manner out of your acts or omissions, whether on your behalf or on behalf of or relating to any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without relieving you of your indemnity obligations, and in that event, you agree to cooperate with you defense of the claim.

General Provisions

Failure by PLANETii to enforce any provisions(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its conflict of laws rules. All claims and disputes arising out of this Agreement, or your use of the Site and/or the Content and Service, other than action for specific performance or injunctive relief brought by PLANETii, shall be exclusively brought in the federal, state, or local courts located in New York, New York and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. Not all products and services on this Site are available in all jurisdictions. If you are using this Site from outside of the United States, you are responsible for ensuring that your use of the Site is in compliance with the law of national jurisdiction. This Agreement insures to the benefit of PLANETii, its successors and assigns. This Agreement, along with the Subscription Services Agreement constitutes the entire agreement between you and PLANETii with respect to the Site.

English Version Prevails

In the event of any discrepancy between a foreign language version and the English version of the terms in this Agreement, the English version shall prevail.

- PLEASE PRINT FOR YOUR RECORDS

 
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