Last Updated: January 1, 2014
Planetizen Courses is a hosted web service provided by Planetizen, Inc. Please read these terms and conditions of use carefully as they may have changed since your last visit to this web site. By using the Planetizen Courses service, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, you should not use the service. However, we think these Terms of Service are fair, and typical of hosted services. If you have concerns about our Terms of Service, we would like to hear about your concerns so we can evaluate if we should update our Terms of Service. Please send us an email at email@example.com, and we'll respond promptly.
Planetizen Courses Terms of Service
Welcome to Planetizen Courses (the "Service"), made available to you by Planetizen, Inc. ("Planetizen" or "we"). The terms and conditions set forth below (the "Agreement") govern your use of the Service. By using or operating the Service, whether or not you register for the Service, you expressly agree to be bound by this Agreement and to follow all its terms and conditions and any applicable laws and regulations governing the Service. If you do not agree with any of the following terms, your sole recourse is not to use the Service. If you have any questions about these Terms of Service, contact Planetizen Courses at firstname.lastname@example.org.
This Agreement sets forth the terms and conditions under which Planetizen makes the Service available to you.
2. Contact Information.
Subject to your compliance with the terms and conditions of this Agreement, Planetizen hereby grants you a non-exclusive, non-transferable, revocable license for you and your Users to access and use the Service solely for purposes of creating and managing web sites. A "User" shall mean you unless you are a corporate or similar entity, in which case a User shall mean any of your employees, consultants or independent contractors. This license is restricted to use by you and your Users and does not include the right to permit any non-User to access or use the Service. All rights not expressly granted to you are reserved by Planetizen and its licensors. There are no implied rights.
“Planetizen Courses Service” means the subscription service to obtain access to the Planetizen Courses Library.
“Planetizen” refers to Planetizen, Inc., a California corporation.
“Planetizen Courses Library” refers to the collection of videos and other instructional material made available to Subscribers to Planetizen Courses.
“Subscriber” and "User" refers to any person or entity that purchases or uses a subscription to the Planetizen Courses Service.
4. Fees; Renewal; Refund Policies.
Subscriptions are on a month-to-month basis and provide the User Access to the entire Library. Your month-to-month subscription renews automatically each month and your credit card will be charged the monthly rate stated on the Planetizen Courses website. Your annual subscription renews automatically and your credit card will beac charged the annual rate stated on the Planetizen Courses website.
Your subscription automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (January 31, 2014 subscription renews on February 28, 2014).
Right of Access to the Library granted under these Terms is effective only upon payment of the subscription fees.
Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates. Planetizen may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of access granted under these Terms is effective only upon payment of the subscription fees.
You may cancel your subscription at any time via the subscription manager located in your Planetizen Courses account dashboard. Subscription fees are non-refundable; except that you may cancel renewed subscription by contacting Planetizen within two (2) calendar days after renewal date and receive a full refund of the new subscription fees. Once you cancel your membership subscription, you will not lose access immediately. Your membership will continue through the end of your current charge cycle.
Planetizen may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Planetizen provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
5. Use of the Service.
In order to use the Service, you are responsible at your own expense to access the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. You shall not attempt to access any other of Planetizen's systems, programs or data that are not made available for public use. The content and software providing the Service is the property of Planetizen and/or its licensors and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works of the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. This is an Agreement for services and access to the Service only, and you are not granted a license to any software by this Agreement. Unauthorized use, resale or commercial exploitation of the Service in any way is expressly prohibited. Without Planetizen's express prior written consent in each instance, you shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of any of the Service or any software or data related to the Service or used to make the Service available to you. You shall take all measures necessary to ensure compliance by all of your Users who access and use the Service with these terms and conditions and shall be liable for any breach by such Users of such terms and conditions. You are responsible for maintaining the security of your account, passwords and files.
In addition, you agree that you will not (nor allow any other person or entity to):
a. Interfere or attempt to interfere with the proper working of the Service, the Planetizen servers or any activity being conducted on the Planetizen servers.
b. Use the Service other than in accordance with all applicable laws and regulations (including but not limited to the federal CAN-SPAM Act of 2003 and all other applicable laws related to spamming and privacy). Planetizen may, in its sole discretion, block any email messages, remove any of your content or prohibit any use of the Service that it believes may be in violation of the foregoing.
c. Use any software or intellectual property for which you do not have an appropriate license.
d. Use the Service to promote, facilitate or permit gambling.
e. Post, transmit, facilitate, or link to (i) content that Planetizen determines constitutes pornography, or is sexually explicit, or adult in nature or (ii) illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
f. Advocate or facilitate activities that (i) contain threats or incite violence towards individuals or entities, (ii) are harmful to any person or entity or (iii) are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
g. Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Planetizen or its affiliates for any purpose, including, without limitation, phishing or pharming.
h. Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
i. Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
j. Use the Service as a file sharing service and are discouraged from hosting downloads of files that are larger than 50MB. Planetizen reserves the right to refuse to host any large downloadable files. If Planetizen considers you to be using the Service solely as a remote file server, your account may be terminated, your site(s) may be suspended and all files associated with your site(s) permanently removed.
k. Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.
If you violate the terms of the Service, Planetizen may suspend your user account until the violation is cured.
In the case of serious violations to the terms of Service or in the case of other violations that are not cured within a reasonable time frame (as determined by Planetizen in its sole discretion), Planetizen may, in addition to its other legal rights and remedies available hereunder and at law or in equity, delete your account and your site(s) from the Service. In either case, you may be permanently restricted from holding an account to the Service. The decision about whether an account or site is in violation of the terms is at the sole discretion of Planetizen.
6. User Contributions and Privacy.
There are many opportunities within the Service, including but not limited to the Planetizen Courses technical support, User Forums, and commenting on Course materials, for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Planetizen about the Service (collectively "Information"). Planetizen shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Planetizen as needed to obtain such protection as Planetizen may desire and you agree to assign your rights in such Information to Planetizen.
7. Limited License and Account Sharing.
Planetizen hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in the Library according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms.
Each subscription allows one named individual (the Subscriber) access the the Planetizen Courses Library. The Subscriber is prohibited from sharing his or her account with others. Planetizen actively monitors for patterns of account sharing. If Planetizen determines, in its sole discretion, that a Subscribers account is being shared with more than the named Subscriber, Planetizen may terminate the account and disallow the user from signing up to use Planetizen Courses in the future.
8. Access to the Library; Modification of Content.
Planetizen strives to provide the Library to its Subscribers on a continuous basis. To that end, will take all commercially reasonable efforts to provide uninterrupted Access to the Library to its Subscribers. However, from time to time, Subscribers may be unable to Access the Library due to conditions beyond Planetizen’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Library to its Subscribers, will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. endeavors to provide the highest quality content to its Subscribers. To that end, Planetizen reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
The service is provided to you "as is". You acknowledge and agree that all warranties, whether express, implied or statutory, and all obligations and representations as to performance, including all warranties which might arise from course of dealing or custom or trade and including all implied warranties of merchantability, fitness for a particular purpose and non-infringement are hereby expressly excluded and disclaimed by Planetizen. Planetizen does not warrant that your use of the service will be uninterrupted or error free.
Your sole and exclusive remedy for any failure or nonperformance of the Service or any error or omission in the Service and Planetizen's sole obligation shall be for Planetizent to use commercially reasonable efforts to repair the error or defect in the Service.
10. Limitation of Liability.
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall Planetizen or any of its underlying service providers, suppliers, licensors, officers, directors, employees, distributors or agents be liable to you, your users or any other person or entity for any indirect, special, incidental, cover, reliance or consequential damages, even if advised of the possibility of such damages, or for any claim by any other party. To the maximum extent permitted by applicable law, regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of Planetizen to you arising in connection with this agreement or the service shall be limited to the amount you paid Planetizen for the service in the three (3) months immediately prior to the accrual of the applicable claim. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. You agree that Planetizen has set its pricing in reliance on the exclusions and limitations of liability set forth in this agreement, and that such limitations shall apply notwithstanding that any limited remedy shall fail its essential purpose.
11. Modifications of Terms.
Planetizen shall have the right to modify the terms and conditions of this Agreement at any time, which modification shall be effective immediately upon posting to the Service (provided that it is not Planetizen's intent that such modifications substantially affect the license rights granted to you in this Agreement and for which consideration was paid by you). Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date on the first page.
12. Compliance with Laws.
You agree while using the Service to comply with all applicable laws and regulations, including without limitation if you operate a commercial Website or an online service directed to children under the age of 13 that collects personal information from children or if you operate a general audience Website and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act ("COPPA").
If you allow your minor child or a child for whom you are a legal guardian (a "Minor") to access the Service, you will be solely responsible for (i) the online conduct of such Minor, (ii) monitoring such minor's access to and use of the Service, and (iii) the consequences of any use of the Services by such Minor. We do not intend to solicit information or to market any products or services to children through this Service. Pursuant to 47 U.S.C. ¬ß 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.
Planetizen may terminate this Agreement and your use of the Service or disable your account, in each case at any time with or without cause, and with or without notice; provided, however, that if Planetizen terminates this Agreement without cause, it will refund to you any prepaid, unused fees for the Service. Planetizen shall have no liability to you as a result of such termination or disablement. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability. Planetizen reserves the right in its sole and absolute discretion to change, suspend or discontinue -- temporarily or permanently -- some or all of the Service, at any time without notice. Planetizen will not be liable to you for any such modification, suspension or discontinuance of the Service. You acknowledge that if your site becomes inactive for over 60 consecutive days an email will be send to the site owner. If the site owner fails to activate the site, it will be deleted and removed from the service.
15. Copyrights, Trademarks and Other Proprietary Rights.
Planetizen and its content providers shall retain all worldwide rights in the intellectual property in and on the Planetizen Courses website, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, source code not falling under an open source license, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by . Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Library may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of , except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of ’s intellectual property except as set forth in Section 4. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to , You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
Subscriber agrees to defend, indemnify and otherwise hold harmless and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
15. Hold Harmless and Indemnity.
Subscriber agrees to defend, hold harmless and indemnify Planetizen, and its employees, agents and representatives, from and against any and all third party claims arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Planetizen will provide you with written notice of such claim, suit or action.
16. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
(a) The Service is operated by Planetizen from its office in Los Angeles, California, United States of America. Due to the nature of the Internet, the Service is accessible from all fifty US states and from other countries. As each of these places has laws that may differ from those of California and from each other, and as you and Planetizen both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Service, by using the Service, you agree that this Agreement shall be deemed to have been entered into in the state of California, USA. This Agreement shall be construed in accordance with and governed for all purposes by the laws of California, without regard to its principles of conflicts of law.
(b) The parties hereto agree that only the California courts, either federal or state, shall have exclusive jurisdiction over this Agreement and any controversies arising out of this Agreement.
(c) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement but this Agreement shall be construed as if such invalid, illegal or other unenforceable provision had never been contained herein.
(d) Subject to Section 16 above, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns.
(e) No waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion.