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PlanetStreet.com Terms of Use

This Terms of Use document was updated and has an effective date of: May 20, 2016.

THIS TERMS AND CONDITIONS OF USE ("TERMS OF USE") OF THE WEBSITE "WWW.PLANETSTREET.COM" (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY FOUND THROUGH THE PLANET STREET WEBSITE, THE "WEBSITE"), DISTRIBUTED AND PUBLISHED BY PLANET STREET INC. (THE "COMPANY"). BY VISITING OR USING THE WEBSITE, THE PLANET STREET SERVICE, OR ANY FUNCTIONALITY (INCLUDING MOBILE APPLICATIONS, IF ANY) MADE AVAILABLE BYPLANET STREET INC. (TOGETHER, THE "SERVICE") (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), HOWEVER ACCESSED, EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS OF USE AND ALL OTHER POLICIES OF USE AND SERVICE, (INCLUDING BUT NOT LIMITED TO, PLANET STREET INC.'S PRIVACY POLICY). IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT AND WARRANT TO PLANET STREET INC. THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS OF USE WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE AND OR SERVICE. THE WEBSITE AND SERVICE IS OWNED OR CONTROLLED BY PLANET STREET INC.. THE FOLLOWING TERMS OF USE AFFECT YOUR LEGAL RIGHTS, LIABILITIES AND OBLIGATIONS.

TABLE OF CONTENTS

  1. DESCRIPTION OF THE COMPANY WEBSITE
  2. INTELLECTUAL PROPERTY RIGHTS OF THE USER
  3. INTELLECTUAL PROPERTY RIGHTS OF COMPANY
  4. INTELLECTUAL PROPERTY RIGHTS OF USERS
  5. NOTICE OF ARBITRATION
  6. HOST LIABILITY
  7. WAIVER & LIMITATIONS OF LIABILITY
  8. LIABILITY OF THE USER
  9. COPYRIGHT NOTIFICATIONS & INTELLECTUAL PROPERTY RIGHTS
  10. REGISTERING & ACCESSING THE WEBSITE
  11. STORAGE, RETENTION & REGISTRATION PROOF
  12. INDEMNIFICATION
  13. CLAIM LIMITATIONS
  14. GOVERNING LAW
  15. ARBITRATION
  16. SEVEREBILITY
  17. WAIVER
  18. EXTERNAL WEBSITE LINKS
  19. ELECTRONIC SIGNATURES
  20. AMENDMENTS & REVISIONS
  21. WARRANTIES DISCLAIMER
  22. RESTRICTIONS OF TERRITORIES
  23. SUCCESSORS, ASSIGNMENT, & NO THIRD PARTY BENEFICIARIES
  24. ENTIRE AGREEMENT

1. DESCRIPTION OF THE COMPANY WEBSITE

www.PLANETSTREET.com is a media platform that integrates users with a social network based on street culture, street art, street music, street fashion and street food. This innovative architecture brings people together and enables individuals and/or groups of users to access, view, upload, store, share and comment on curated content.

2. INTELLECTUAL PROPERTY RIGHTS OF THE USER

By submitting the material you upload to the Website, post and/or make available on or through the Website and/or Service including but not limited to text, audio-visual works, images, photos, video recordings, sound recordings, musical works, writings and other files, derivative works, translations, adaptations or variations of these materials, accompanying metadata or other documentation or descriptive information, and all tags and comments associated with the materials including your comments, your avatar and your nickname whether associated by you, other users, Company, or anyone else ("Your Content"), you agree to allow any users of the Website and/or Service - free of charge and for personal use only - to view and transmit Your Content on or through the Website and/or Service and any other electronic communication media or technology (by way of e.g. smartphones, tablets, connected TV, game consoles), now known or later developed, for the entire period in which Your Content is hosted on the Website.

The Service and/or Website may be supported by advertising and maydisplay advertisements and promotions. You also hereby agree that Company may place such advertising and promotions on the Website and/or Service or on, about, near, or in conjunction with Your Content. As between us, and you, we reserve the exclusive right to sell advertising and otherwise exploit and benefit from the conduct of our business and operating the Company, and any related arrangements, without accounting, obligation or other responsibility to you, regardless of any use of Your Content. The manner, extent and method of such advertising, marketing and promotions are subject to change without notice to user. The licenses granted to Company will commence immediately upon your registration on the site and/or submission of Your Content and continue indefinitely, unless and until terminated by Company. You also acknowledge that Company need not accept, host, display, or use any submissions of Your Content (or take advantage of any particular licenses or rights granted or available to Company) and we may, in Company's sole discretion, remove or refuse to use Your Content. You also acknowledge that neither Your Content nor any associated commercial material does not need to be submitted for your approval before use by Company. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

Company does not claim ownership of any of Your Content on the Website or through the Service. However, for the entire period in which Your Content is hosted, you grant Company the non-exclusive, fully paid and royalty free, transferable, sub-licensable, worldwide right and license to reproduce and display Your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display and transmission.

Company has the right to license, authorize and engage third parties to perform any activity, exercise any rights and assume any responsibilities established or imposed under this Agreement, and each such third party will be granted all terms and conditions, rights and licenses given to Company herein. You release Company from any claims, demands or actions associated with Your Content, including, but not limited to, responsibility for any use or nonuse of Your Content and claims for defamation, violation of the rights of privacy or publicity, emotional distress or economic loss. Additionally, Company may also assign or transfer, sub-contract or delegate to or hire third parties to perform or benefit from its/their rights or obligations to other parties, without any accounting, reporting, notice or other responsibility to you. You also forever waive all moral rights (or "droit moral") associated and in connection with Your Content and any rights granted under this Terms of Use.

Note that due to the characteristics of Internet and digital media, data transmitted - including Your Content - cannot be protected against the risks of misappropriation and/or piracy, for which Company shall not be liable. You are responsible for taking all appropriate and necessary steps to protect your data, user name and user password, where applicable.

You represent and warrant that: (i) you own Your Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Your Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

3. INTELLECTUAL PROPERTY RIGHTS OF COMPANY

The Service and Website contain content and materials owned or licensed by Company ("Planet Street Content"). The Planet Street Content (other than Your Content and other users' content) included on or accessible through the Website, such as audio, text, graphics, logos, names, designationsfeatures, functionalities, icon buttons, images, music, information, data, photographs, graphs, videos, typefaces, graphics, sounds, and other material, is the exclusive property of Company and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations. Planet Street Content is protected by copyright, trademark, patent, trade secret and other applicable laws, and Company owns and retains all rights in the Planet Street Content, Website and the Service. Without the prior written consent of Company or Company's licensors, Planet Street Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever. Company grants you a limited personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms of Use. You agree to not use or exploit the Planet Street Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on redistribution, alteration, downloading, deletion and deactivation of any content protection mechanisms. You will not alter, removechange, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Planet Street Content and you will not modify, enhance, reproduce, alter, decompile, adapt, edit, translate, reverse engineer, change, disassemble, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the or otherwise alter in part or in full any Planet Street Content. All rights not expressly granted herein are reserved to Company and its licensors, as applicable. The Company name and logo are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. Without prior written permission from Company, all page headers, Company, and may not be copied, imitated or used, in whole or in part.

4. INTELLECTUAL PROPERTY RIGHTS OF USERS

Subject to these Terms of Use and other notices and policies set forth on the Website, other users of the Service and/or Website have provided content. You may access other users' content solely: (a) for your information and personal use; (2) as intended through the normal functionality of the Website and/or Service; and (3) for "Streaming" which shall be defined as the digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, reproduced, stored, permanently downloaded, or redistributed by the user. If you intend to use another user's content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary and required advance authorization.

5. NOTICE OF ARBITRATION: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

6. HOST LIABILITY

Company has no legal obligation to monitor content transmitted through the Service and/or Website or stored on the Website. Company's only obligations as host are (i) to combat against child pornography; dangerous or illegal acts (including but not limited to incitement to violence, drug abuse or animal abuse); unlawful, obscene, defamatory or libelous material; or any sexually explicit content (including but not limited to images of intercourse, rape, masturbation, bestiality, sadistic or masochistic abuse, explicit depiction of female or male genitalia, pedophilia or necrophilia) (collectively "Banned Content") in accordance with the procedure described below, (ii) the retention of your connection data, which is subject to our policies on our Privacy Policy, and (iii) the removal of all clearly illegal content which has been pointed out to Company.

You may chose to send an e-mail regarding Banned Content to the Banned Content department at Company, specifying the date, your name, the URL address of such content, a description of the content in question, and the username of the person who uploaded it. Please send all Banned Content issues by email to ABUSE (at) PLANETSTREET (dot) COM. Upon receipt by Company of notice, the content in question will be reviewed and may be removed from the Website. Appropriate authorities may be notified.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ITS AFFILIATED COMPANIES, EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS NOR ANY OF EACH OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE " PLANET STREET INC. PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE/WEBSITE; (B) THE PLANET STREET CONTENT; (C) YOUR CONTENT; (D) ANY USERS' CONTENT OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF CONTENT TO THE WBSITE AND/OR COMPANY OR VIA THE SERVICE. IN ADDITION, THE PLANET STREET INC. PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE PLANET STREET INC. PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE WEBSITE/SERVICE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE WEBSITE. THE PLANET STREET INC. PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE/WEBSITE OR THE SERVER THAT MAKES THE SERVICE/WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PLANET STREET INC. PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE/WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE/SERVICE SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY. THE SERVICE/WEBSITE, INCLUDING, WITHOUT LIMITATION, PLANET STREET CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.

THE PLANET STREET INC. PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE/WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PLANET STREET INC. PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE/WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE PLANET STREET INC. PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

7. WAIVER & LIMITATIONS OF LIABILITY

YOU AGREE THAT NO PLANET STREET INC.PARTY SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY PLANET STREET INC. PARTY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, REGARDLESS OF WHETHER ANY SUCH PLANET STREET INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL THE PLANET STREET INC. PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PLANET STREET CONTENT; (C) YOUR CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PLANET STREET INC. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PLANET STREET INC. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PLANET STREET INC. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PLANET STREET INC. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

8. LIABILITY OF THE USER

You represent and warrant that Your Content contains no child pornography (including but not limited to incitement to substance abuse, violence, animal abuse, drug abuse, dangerous acts, or illegal acts); unlawful, defamatory, obscene or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia, pedophilia or necrophilia). If Your Content contains such content, do not upload to the Website or use the Service. Such Content isnot authorized to be uploaded to the Website or used in conjunction with the Service.

In addition, you represent and warrant that Your Content (i) does not infringe the intellectual property rights of any third party (including but not limited to music, recordings, sound, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (ii) does not infringe personal rights (i.e. it is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); and (iii) is not contrary to public policy and accepted moral standards and does not display, incite or otherwise promote illegal or immoral activity, and does not violate any applicable laws or regulations.

By uploading or disseminating images to or through the Website and/or using the Service, you represent and warrant that you are not uploading any infringing material and expressly represent and warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.

Failure to comply with these provisions may result in Your Content being removed and/or your account being deactivated without prior notice. In addition, Company reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages. As a user of the Website and/or Service, you shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users' content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.

9. COPYRIGHT NOTIFICATIONS & INTELLECTUAL PROPERTY RIGHTS

If you infringe on the intellectual property rights of others, Company reserves the right to terminate or disable your account when deemed appropriate. Company does not allow copyright infringing activities and/orinfringement of intellectual property rights on its Website, and will remove content uploaded by users (including Your Content), if properly notified that such content infringes on another's intellectual property rights. Company reserves the right also to terminate a user's account. If you think Your Content has been copied to infringe on copyright, please send to Company's copyright agent theinformation indicated below in writing:

(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed, (b) A description of all of the copyrighted works that you claim has been infringed upon. (c) A description of where the material resides on the Website that is infringing on your ownership rights, including (a) the URL of the specific location of the infringing material (b) Information to allow Company to contact you including your address, telephone number, and e-mail address (c) A statement declaring a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (d) A statement by you, made under penalty of perjury, that the above information in your notice is accurate to the best of your knowledge and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: COPYRIGHT (at) PLANETSTREET (dot) COM

10. REGISTERING & ACCESSING THE WEBSITE

10.1 Registration Terms

In order to fully use Website's and/or Service's features, you must set up an account using the online registration form. You will then be sent an email containing an hyperlink that must be clicked in order to confirm your registration. You may access your account by entering your username and password in the login fields on the homepage. You are responsible for keeping your username and password secure. Registration entitles you to use the Website and/or Service. Company reserves the right to terminate your account at any time. Failure to comply with the Terms of Use or any other policy of Company may result in access to your personal page being temporarily or permanently suspended, immediately and without notice, or in the deactivation of your account, without prejudice to any other rights we may have.

10.2 Other Terms of Use

You must be at least 15 years old to access or use the Website/Service. You warrant that you are more than18 years of age or have consent of your parent or legal guardian such that you are legally able to agree to be bound by the Terms of Use. You also warrant that you are over the age of 15, as the Website is not intended for children under 15. If you are under 15 years of age, do not use or access the Website/Service.

If you are the parent or legal guardian of a child under 15, and that child has registered with the Website, please send an e-mail to WEBMASTER (at) PLANETSTREET (dot) COM for instructions on how to cancel your child's registration. Please include in your email your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your e-mail address and a signed statement that you are the child's parent or legal guardian. Company reserves the right to seek additional information to verify your identity and status in relation to the child. Company will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service/Website. You are solely responsible for Your conduct and Your Content, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Service/Website.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients. Company prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Company. upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.You agree that you will not solicit, collect or use the login credentials of other Website users. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the Website and/or Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service, Website and Your Content, including but not limited to, copyright laws.

You must not change, modify, adapt or alter the Service, Website or change, modify or alter another website so as to falsely imply that it is associated with the Service. You must not access private API by means. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users. You must not use domain names or web URLs in your username without prior written consent from. You must not interfere or disrupt the Service, Website or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a user's browser or device. You must not create accounts with the Service/Website through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not attempt to interfere with or restrict another user from using or enjoying the Service and/or Website and you must not encourage or facilitate violations of these Terms of Use or any other Company terms.

10.3 Conditions of Use

We reserve the right to modify or terminate the Service/Website or your access to the Service/Website for any reason, at any time, and without liability or notice. You can deactivate your Company account by logging into the Service/Website. If we choose to terminate your access to the Service/Website, your photos, comments, likes, friendships, and all other data will cease to exist on the Service/Website and will be deleted from the Company servers. However, some materials and data maycontinue to appear within the Service/Website (by the way of e.g., if Your Content has been reshared by others).

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") at anytime. You acknowledge and agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service and/or Website after the effective date of the Updated Terms (or engaging in other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

We reserve the right to refuse access to the Service/Website to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Your Content or accounts containing Your Content that we determine in our sole discretion violates these Terms of Use.

You alone are responsible for your communications with other users of the Service/Website, whether online or offline. You acknowledge and agree that Company is not responsible or liable for the conduct of any user. Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other usersThere may be links from the Service, or from communications you receive from the Service, to third-party web sites. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or Your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Company does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Company is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE/WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You at your sole and absolute discretion and risk agree to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Company has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the PLANET STREET INC. Parties (defined below) harmless for activity related to the Application.

You agree that you are responsible for all data charges you incur through use of the Service/Website. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service/Website via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine and Planet Street Inc's express consent).

11. STORAGE, RETENTION & REGISTRATION PROOF

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos and/or photos uploaded, comments posted, and other activity within the Service/Website. Registration forms are stored on reliable and durable media, as required by law. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling. By using Company's Website/Service you agree to let Company collect information about your usage of the Website/Service, including interactions other users of Website/Service. You also agree to let Company collect data from and about your devices.

12. INDEMNIFICATION

You (and any third party for whom you operate an account or activity on the Service/Website) agree to defend (at PLANET STREET INC.'s request) and shall indemnify and hold PLANET STREET INC. harmless from and against any claims, liabilities, damages (including punitive damages), losses, penalty, and expenses, interest, award, judgment, diminution in value, fine, fee, costs including without limitation, reasonable attorney's fees ( and all other cost of investigating, defending or asserting any claim for indemnification under these Terms of Use) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) Your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you; or (vi) your use of the Website/Service. You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.

13. CLAIM LIMITATIONS

You agree that any claim you may have arising out of or related to your relationship with Company must be filed within 90 days after such claim arose; otherwise, your claim is rejected.

14. GOVERNING LAW

You agree that the Company shall be deemed to be a passive website that is based solely in California and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than California. These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Company exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.

15. ARBITRATION

You agree that all disputes between you and Company (whether or not such dispute involves a third party), including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Company hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Company will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Company or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Company.

WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

16. SEVEREBILITY

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

17. WAIVER

No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Company.

18. EXTERNAL WEBSITE LINKS

As a convenience to you, the Website/Service may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Company has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Company.

19. ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that, when in the future you click on "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Violation of these Terms of Use may, determined in Company's sole discretion, result in termination of your Website account. You understand and agree that Company cannot and will not be responsible for Your Content posted on the Service/Website and you use the Service/Website at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company we can stop providing all or part of the Website and/or Service to you.

20. AMENDMENTS & REVISIONS

Company may amend or revise the Terms of Use or any other policy of Company at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted. It is your responsibility to return to the Website from time to time to review the most current Terms of Use and other Company policies. Company does not and will not assume any obligation to notify you of changes to the Terms of Use or any other policy of Company.

21. WARRANTIES DISCLAIMER

THE SERVICE, INCLUDING, WITHOUT LIMITATION, PLANET STREET CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PLANET STREET INC. NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE " PLANET STREET INC. PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PLANET STREET CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PLANET STREET INC. OR VIA THE SERVICE. IN ADDITION, THE PLANET STREET PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE PLANET STREET PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PLANET STREET PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE AND/OR SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PLANET STREET PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY JURISDICTION, AND THE PLANET STREET PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE PLANET STREET PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

22. RESTRICTIONS OF TERRITORIES

The information provided within the Service/Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service/Website or any portion of the Service/Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Company provides. Software related to or made available by the Service/Website may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

23. SUCCESSORS, ASSIGNMENT, & NO THIRD PARTY BENEFICIARIES

This Terms of Use is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this agreement without Company's prior written approval. No third party shall have any rights hereunder.

24. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between Company and you with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to the Website and the Service. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If you are using the Website and/or Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Company and governs your use of the Website and/or Service, superseding any prior agreements between you and Company. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Any purported assignment or delegation by you without the appropriate prior written consent of Company will be null and void. Company may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.