Inform. Update. Educate.

  
 

 
Agreement between User and Red Planet.

Welcome to the Red Planet’s web site (“Web Site”). Red Planet’s Web Site is operated by Red Planet Media, Inc.

With respect to your access and use of the Red Planet’s Web Site, Red Planet provides its services to you, subject to the following Terms of Use (“TOU”), which may be updated by Red Planet from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.

In addition, when using the Red Planet Web Site or services, you and Red Planet shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and indicate such agreement by any access or use of Red Planet Web Site and services. If you do not agree to these TOU, do not access and use the Red Planet Web Site and services.  

  1. Permitted Use. Subject to these TOU, Red Planet hereby grants you the right to access and use the Red Planet Web Site solely for the following purposes: (i) if you are accessing the Red Planet Web Site as an individual, then any and all use of the Red Planet Web Site is for your commercial/business related use only; or (ii) if you are accessing the Red Planet Web Site on behalf of a business entity, then any and all use of the Red Planet Web Site must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with Red Planet. Red Planet retains all rights with respect to the Red Planet Web Site except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the Red Planet Web Site unless specifically authorized in writing by Red Planet to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Red Planet Web Site and not to extract data from the Red Planet Web Site for use in other applications. Such framing and extraction is strictly prohibited under this Agreement. The content and software on the Red Planet Web Site is the property of Red Planet and/or its affiliates, subsidiaries, suppliers, clients and partners and are protected by U.S. and international copyright and other intellectual property laws. Red Planet and all logos, slogans, product names, and service names are trademarks of Red Planet or its subsidiaries and affiliates (“Red Planet Trademarks”). The names of third party companies and products listed on the Red Planet Web Site (“Third Party Trademarks”) may be the trademarks of such third party companies and may constitute the proprietary property of such third parties. You are not granted any rights to use any of the Red Planet Trademarks or Third Party Trademarks unless otherwise specifically granted by either Red Planet or the applicable third party.

  2. Links to Third Party web sites. The Red Planet Web Site may contain links or produce search results that reference links to third party web sites (“Linked web sites”). Red Planet has no control over these Linked web sites or the content within them. Red Planet cannot and does not guarantee, represent, or warrant that the content contained in the Linked web sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Red Planet does not endorse the content of any Linked web site, nor do we warrant that a Linked web site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Red Planet Web Site to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Red Planet for any damages or losses whatsoever resulting from such use.

  3. No Unlawful or Prohibited Use. As a condition of your use of the Red Planet Web Site, you warrant to Red Planet that you will not use the Red Planet Web Site for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Red Planet Web Site in any manner which could damage, disable, overburden, or impair the Red Planet Web Site or interfere with any other party’s use and enjoyment of the Red Planet Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Red Planet Web Site, claim against Red Planet for any damages or losses whatsoever resulting from such use.

  4. Privacy and Disclosure of Information. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy at www,redplanetmedia.com. If you post any content to the Red Planet Web Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the Red Planet Web Site, you authorize us to use and allow others to use, distribute, and reproduce the content in accordance with our Privacy Policy. Red Planet reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Red Planet’s sole discretion.

  5. Ownership of Submitted Content. You agree that any and all information and content that you provide to the Red Planet Web Site becomes the exclusive property of Red Planet, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Red Planet upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

  6. Warranty Disclaimer. Red Planet does not promise that the Red Planet Web Site will be error-free, uninterrupted, nor that the Red Planet Web Site will provide specific results from your use of any content, search or link on them. The Red Planet Web Site and all content contained within it is delivered on an “AS IS” and “AS AVAILABLE” basis. Red Planet does not warrant or represent that files you download from the Red Planet Web Site will be free of viruses or other harmful features. RED PLANET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Red Planet does not promise that the Red Planet Web Site will be free of security breaches or unauthorized access, but rather that Red Planet will take reasonable steps consistent with industry practices to secure the Red Planet Web Site and information collected.

  7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL RED PLAENT, ITS CLIENTS, AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE RED PLANET WEB SITE. IN NO EVENT SHALL RED PLANET’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF RED PLANET’S CLIENTS OR PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE RED PLANET WEB SITE EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO RED PLANET FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).

  8. Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Red Planet Web Site in accordance with these TOU

  9. Indemnity. You agree to indemnify and hold Red Planet and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  10. Designated Agent for Alleged Copyright Infringement. Red Planet respects the intellectual property of others, and we ask you to do the same. If you believe any content on the Red Planet Web Site has been copied in such a way to constitute copyright infringement, you may notify us by providing our copyright Designated Agent with the following information:

    1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
    2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
    3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
    4. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
    5. your name, address, telephone number, and email address.
    6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
    8. Our designated agent for notice of claims of copyright infringement on this site can be reached by email at contactus@redplanetmedia.com.

  11. General. This Agreement shall be governed in all respects by applicable federal law and the laws of the State of Florida, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Foreign laws do not apply. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Florida, County of Orange, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Red Planet may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Red Planet’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.