Terms of Use, Notices and Disclaimers
The My Changing Planet, LLC, a California limited liability
company (“MCP”) website (the “website”) is available to you
conditioned upon your acceptance, without modification of the
terms, conditions and notices contained herein. Your use of
the website constitutes your agreement to all such terms, conditions
and notices. Your use of the website and products or services
may be subject to additional terms outlined elsewhere on the
website and in any other agreement between you and MCP.
COPYRIGHT
All content available at the website, such as text, data, graphics,
lyrics, logos, button icons, images, audio clips, video clips
and/or other content (collectively, “Content”), is the property
of MCP and/or its affiliates and is protected by U.S. and
international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Content on
this site is the exclusive property of MCP and protected
by U.S. and international copyright laws. MCP reserves the
right to remove all Content, from whatever source, at any
time, for any reason (including, but not limited to, claims
or allegations made by third parties relating to such Content),
or for no reason at all.
Any and all software used or provided by MCP in connection
with this site is the property of MCP and is protected by U.S.
and international copyright laws. The Content and the software
may be used only for your personal resource and subject to
the terms and conditions set forth herein and any other agreement
between you and MCP. Any other use, unless otherwise authorized
in writing by MCP, including the framing, linking to, reproduction,
modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited.
COPYRIGHT NOTICE
Copyright © 2009 My Changing Planet, LLC. All Rights Reserved.
TRADEMARKS
My Changing Planet is a trademark of My Changing Planet, LLC
and the MCP logos and other such related graphics, logos,
and service names are trademarks of My Changing Planet, LLC.
MCP’s trademarks may not be used in connection with any product
or service that is not MCP’s; in any manner that is likely
to cause confusion among customers or the public; or in any
manner that disparages or discredits MCP.
RESERVATION OF RIGHTS
Except as expressly and unambiguously provided herein, MCP
and its affiliates do not grant you any express or implied
rights under any patents, copyrights, trademarks, trade secret,
or other intellectual or industrial property rights.
USE OF SITE
This website or any portion of it may not be reproduced, duplicated,
copied, sold, resold, or otherwise exploited for any commercial
purpose that is not expressly permitted by MCP in a writing
signed by an executive of the company. MCP and its affiliates
reserve the right to refuse service, terminate accounts,
deny access to the website, and/or cancel orders in its discretion,
including, without limitation, if MCP believes that customer
conduct violates applicable law or is harmful to the interests
of MCP and its affiliates.
USER AND CUSTOMER SUBMISSIONS
If you provide any testimonial or otherwise transmit or post
any content, information, review or comment on the website,
you grant MCP and sub-licensees a non-exclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to
fully exploit, make, use, reproduce, modify, adapt, publish,
translate, transmit, create derivative works of, distribute,
and display such content, information, reviews and comments
throughout the world in any media. You also grant MCP and
sub-licensees the right to use the name that you submit with
any content, information, review or comment, if any, in connection
with such content, information, review or comment. You warrant,
represent and agree that nothing you transmit or post will
be infringing, libelous, defamatory, obscene, pornographic,
abusive, offensive or otherwise violates any law or right
of any third party. MCP reserves the right to remove anything
you transmit or post at any time, for any reason (including,
but not limited to, upon receipt of claims or allegations
from third parties or authorities or if MCP is concerned
that you may have breached the immediately preceding sentence),
or for no reason at all.
WEBSITE USE DISCLAIMER
By using the website and Internet in general, you and your
personal information may be subject to various risks, including
without limitation: exposure to contaminated files, security
breaches, objectionable material and/or images, harassment,
fraud, hacking, spamming, eavesdropping, viruses, worms and
Trojan horses all of which may have a damaging or harmful
effect on your computer. This is not intended to be an exhaustive
list of all such risks that you may be exposing yourself
to but should you wish not to be subjected to these risks,
you are advised not to use the website.
GENERAL DISCLAIMER
THIS SITE IS PROVIDED BY MCP ON AN “AS IS” BASIS. MCP AND ITS
AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, MCP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MCP AND ITS AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS
OR OTHER ITEMS CONTAINED WITHIN THIS SITE. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
MCP WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
INDEMNIFICAITON OF MCP
You agree to indemnify and hold MCP, its subsidiaries, and
affiliates, and their officers, members, directors, employees
and agents harmless from and against any and all liability,
losses, claims, demands, disputes, damages or costs of any
kind, including, without limitation, reasonable attorneys'
fees and costs of litigation, resulting from or in any way
connected with (a) your use of or reliance on MCP, (b) your
connection to our website, (c) your violation of this Agreement,
or (d) your violation of any rights of another party.
CHANGES TO THE WEBSITE/UPDATES/TERMS
MCP may make changes to the website, Content, software, services,
or the products provided by MCP and/or its affiliates and
suppliers, at any time without notice. MCP makes no commitment
to update Content, software, services or Products. MCP reserves
the right to make changes to its website and these disclaimers,
terms, and conditions at any time. Your access or use of
the website, Content, software or services subsequent to
such a change will signify your asset to be bound by such
changes.
APPLICABLE LAW
This website is created and controlled by MCP in the State
of California, USA. As such, the laws of the State of California
will govern these disclaimers, terms, and conditions, without
giving effect to any principles of conflicts of laws. |
