Planet Fassa Terms and Conditions

Planet Fassa User Agreement

Updated: October 10, 2010

INTRODUCTION

Welcome to the internet sites of Planet Fassa, LLC (the "Site", "Sites" or "PF Sites"). PF Sites include PlanetFassa.com, MyPlanetFassa.com, PlanetFassaStore.com, and PlanetFassaBlog.com and other sites on which this User Agreement is posted. PF Sites are operated and presented to users by Planet Fassa LLC, a Delaware limited liability company ("Planet Fassa"). PF Sites, and any and all entities that control, are controlled by, or are affiliated or under common control with, Planet Fassa, its successors and assigns, are collectively referred to herein as "we", "us" or "our". Any person or entity using the Site, and in the case of minors, your parent or legal guardian are referred to herein as "you", "your" or "user".

PLEASE READ THIS USER AGREEMENT ("User Agreement") CAREFULLY BEFORE USING THE SITE. This User Agreement is a contract between you and Planet Fassa and applies to all users of the Site. By using the Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to this User Agreement. If you do not agree to this User Agreement, you may not use the Site.

IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE SITE. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT WITH RESPECT TO THEIR USE OF THE SITE.

IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

You acknowledge that this User Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Solicited Submissions (as defined below in the Section entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

Note that special terms apply to some services offered on certain PF Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to this User Agreement, and in the event of a conflict, prevail over this User Agreement.

If you have any questions relating to PF Sites, they can be sent to the attention of our Service Department by email at info@planetfassa.com.

USE OF CONTENT

Certain products, services, information and materials provided by Planet Fassa through this Site may be accessed and/or used by you without registering on or logging on to this Site (collectively, "Public Materials"). Other products, services, information and materials, provided by Planet Fassa through this Site, may only be accessed and/or used by you after you have registered on this Site (collectively, "Member Materials").

This User Agreement applies equally to the use of and access to Public Materials and Member Materials (including Submissions, as defined in the Section entitled "SUBMISSIONS") and other content ("Content") contained on the Site. Planet Fassa reserves the right to modify or delete Content (including Submissions, as defined in the Section entitled "SUBMISSIONS") or features at any time, in any way, for any or no reason.

Provided you comply with the terms of this User Agreement, Planet Fassa grants you a limited right to access and use this Site, the Public Materials, and if applicable, the Member Materials, and other Content for your personal, non-commercial use. You may not use the Site for commercial purposes, use any part of the Site on any other website or networked computer environment, or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

All products, services, content, information displayed, performed or otherwise accessible through this Site, including, without limitation, Public Materials, Member Materials, Content, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all patents, trademarks, service marks, trade names, and trade dress are our copyrighted property or the copyrighted property of our licensors or licensees.

Except as we specifically agree in writing, no Content from the Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Site, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the Site or the Content, in whole or in part, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of the Site is prohibited. In the event that we offer downloads of software on the Site and you download such software, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license.

Planet Fassa keeps full and complete title to the Software and all intellectual property rights therein. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws. You acknowledge and agree that nothing in this User Agreement shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in the Site or Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Site pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Site for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Site; (iv) publish any collection or compilation of any Content, product listings, descriptions, or prices; (v) create any derivative work of this Site or its Contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Site and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Planet Fassa or its licensors; or (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Planet Fassa or its licensors.

Planet Fassa has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Site; (ii) any part or all of this Site, including hours of availability; and (iii) to restrict access to parts or all of this Site from time to time with or without notice to you.

SUBMISSIONS

In this User Agreement, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials, (other than any personally identifiable information as defined in our Privacy Policy) that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Site for our review or display, which may or may not include, as a part of our request, consideration or compensation which we specifically indicate may be paid or provided in connection with the Submission ("Consideration"); and (b) that you Distribute on or through the Site for which you do not seek Consideration (such as in our Global Village and in Public Forums (as defined below in the Section entitled ("PUBLIC FORUMS AND COMMUNICATION")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. You hereby represent and warrant that you have all necessary rights in and to all Solicited Submissions you provide and that such Solicited Submission shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT. Planet Fassa does not wish to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the Site. To avoid the possibility of future misunderstandings when new Content developed by us or under our direction might seem to others to be similar to their own creative work, we ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than stated Consideration). Except as expressly stated in this User Agreement, the provisions apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

You are responsible for all Submission posted by you. PLANET FASSA HAS NO RESPONSIBILITY FOR SUCH SUBMISSIONS. Planet Fassa does not and cannot review every Submission by users and is not responsible for, nor does it endorse the content of such Submissions. However, Planet Fassa retains the right, but not the obligation, to review, edit or delete any Submission which Planet Fassa deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy. Without limiting any of the foregoing, Planet Fassa may, but is not obligated to, use and publish the Submission at this Site or elsewhere for purposes that include without limitation contest announcements, new or enhanced content, products or services, marketing and public relations.

LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Site, on third party web sites, on broadcast and cable networks and stations, on broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Code of Conduct (set forth below in the Section labeled "CODE OF CONDUCT")) and other requirements of this User Agreement and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by this User Agreement (including the Submissions License). This User Agreement (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that any Submissions you Distribute on or through the Site contain original manuscripts, songs, audio or video recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or other applicable mechanical, performing rights and/or copyright owners' society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions. To the extent that we solicit Submissions through features or activities on or through the Site (including games, contests, and Public Forums (defined below in the Section labeled "PUBLIC FORUMS AND COMMUNICATION") that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this User Agreement. You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (except to the extent that we have specifically provided for stated Consideration related to such Submission). To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Submission, you must obtain a Moral Rights Consent from that person and provide it on request to Planet Fassa. "Moral Rights Consent" means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Submissions by or on behalf of Planet Fassa or any licensee or subsequent owner of copyright in the Submissions, including an act or omission which would, but for this User Agreement, infringe your moral rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

USER ACCOUNT INFORMATION

Some services on the PF Sites permit or require you to create an account to participate or to receive improved services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at privacy@planetfassa.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with this User Agreement or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, site or feature offered as part of the Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Site users, including a chat area, message board or social community environment. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you or others Distribute. We reserve the right to screen, refuse to post, remove or edit Submissions at any time and for any or no reason including, without limitation, if your Submission fails to conform to the Code of Conduct, in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen Submissions, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your Submissions including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

CODE OF CONDUCT

The following Code of Conduct applies to the PF Sites. By using the PF Sites, you agree that you will not:

1. use the PF Sites in such a way as to offend or interfere with the use by anyone else of the PF Sites;
2. upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the PF Sites that:
   1. reveals or contains personally identifiable information about you or others;
   2. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
   3. is bigoted, hateful, or racially or otherwise offensive;
   4. is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or
   5. otherwise harms or can reasonably be expected to harm any person or entity;
   6. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
   7. infringes or violates any right of a third party including:
      1. copyright, patent, trademark, trade secret or other proprietary or contractual rights;
      2. right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or
      3. any confidentiality obligation;
   8. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
   9. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the PF Sites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the PF Sites;
   10. does not generally pertain to the designated topic or theme of the relevant Public Forum;
   11. violates any specific restrictions applicable to a Public Forum; or
   12. is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
3. attempt to circumvent the security systems of the PF Sites;
4. attempt to gain access to the PF Sites in a fraudulent manner, including but not limited to using an unauthorized username and password;
5. attempt to use the PF Sites in a fraudulent manner, including but not limited to, using cheat codes, robots, exploits or similar measures to gain, or attempt to gain, unearned points, items, rewards, access to the PF Sites or information or images that have not yet been officially announced or incorporated into the PF Sites11.0px functionality;
6. attempt to gain access to any other user11.0pxs Accounts;
7. attempt to ascertain any other user11.0pxs password, or personal information by any means whatsoever, including without limitation, by use of the PF Sites or any other website, or by e-mail communication;
8. attempt to harvest or otherwise collect information about other users without their consent; or
9. attempt to use the PF Sites for any purposes other than those intended by Planet Fassa.

We cannot and do not assure that other users are or will be complying with the foregoing Code of Conduct or any other provisions of this User Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

COOPERATION; REMOVAL OF SUBMISSIONS

Without prejudice to any of our other rights under this User Agreement or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates this User Agreement (including the Code of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce this User Agreement (including the Code of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

DISCLAIMERS

SUBJECT TO APPLICABLE LAW, THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE SITE IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER TO THE EXTENT THAT THE LIMITATION OF SUCH RIGHTS IS PROHIBITED BY APPLICABLE LAW. Reliance on any information appearing on the Site is strictly at your own risk. The Site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, veracity of any content generated by our users, the risks inherent in or the safety of any activities which our users may suggest. Users and in particular the parents or guardians of children who may have access to the Sites must carefully evaluate any activities listed, described or suggested on the Sites to be certain that they are safe and appropriate. By becoming a party to the User Agreement, you agree that you accept full responsibility, and the risks and consequences for your actions and the actions any child who you have assisted in obtaining access to the Sites.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us (which means the Sites, and all of the principals, owners, members, managers, officers, directors and employees) and all of our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective owners, principals, partners, members, shareholders, officers, directors, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this User Agreement or claims arising from your use of the Site and/or your account(s) or the use by anyone, including your children, who have access to or use of the Site or your accounts as a result of your actions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, OR ANY OF OUR OR THEIR OWNERS, PRINCIPALS, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY OF ITS CONTENT, OR (B) FOLLOWING ANY IDEAS OR SUGGESTIONS ON THE SITE OR PARTICIPATING IN ANY ACTIVITIES PRESENTED OR SUGGESTED ON THE SITE; OR (C) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS USER AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

JURISDICTIONAL ISSUES AND DISPUTE RESOLUTION

The Site is controlled and operated, by Planet Fassa, a Delaware limited liability company. If you choose to access and use the Site from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and the laws of United States of America, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Federal or State Courts in Cook County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be English. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any questions about it.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS AND LIMITS THE TIME PERIOD TO FILE CLAIMS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.

Mandatory Arbitration - YOU AND PLANET FASSA AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR PLANET FASSA MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR PLANET FASSA MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: PLANET FASSA, ATTN: PRESIDENT, 919 ROCK SPRING ROAD, NAPERVILLE, IL USA 60565. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY AND UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE CHICAGO, ILLINOIS, USA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY BOTH PARTIES OR, OTHERWISE, A SINGLE ARBITRATOR SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION YOU AND PLANET FASSA FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions - BY ENTERING INTO THIS USER AGREEMENT, YOU AND PLANET FASSA ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND PLANET FASSA BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND PLANET FASSA BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

Time Limit For Claims. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS USER AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

AMENDMENT

At any time, we may amend this User Agreement (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to this User Agreement we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by this User Agreement. Any such amendment to this User Agreement will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

GENERAL PROVISIONS

If any provision of this User Agreement shall be unlawful, void or for any reason unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. This User Agreement takes effect as an agreement and separately as a notice which limits the basis on which Planet Fassa makes the Site available. No waiver of any provision of this User Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. In this User Agreement, the word "including" is used illustratively, as if followed by the words "but not limited to." Headings and subheadings in this User Agreement are for convenience only and shall not be used in interpreting any of the provisions. Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Notifications of claimed copyright infringement must be sent to us by certified or registered mail or by overnight courier at:

Planet Fassa LLC

919 Rock Spring Road

Naperville IL 60565

Attn: President

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to us at the address above that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

- Your physical or electronic signature;

- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Planet Fassa may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

EFFECTIVE DATE: October 10, 2010

© 2010 Planet Fassa