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Terms Of Service
Part 1 - Server Usage Terms
This is a legal contract. Subscribers
agree to be bound by these terms whether signed or unsigned. Any subscriber who
does not agree with these terms should immediately stop using the account and
contact Planet Earth Autos Corp. (PlanetEarthAutos.com) to cancel.
Subscribers agree to obey any applicable
local, state, and/or federal laws pertaining to their Internet access and use of
these services. The subscriber agrees not to use these services to conduct any
activity which may violate these laws. Use of these services includes, but is
not limited to: Web, FTP, Usenet, Internet Relay Chat (IRC), Gopher, Email,
Telnet, and any other medium through which PlanetEarthAutos.com server(s) are
used for the storing, distribution, and/or transmission of content or material.
Subscribers may be held legally liable
for content and material located on their classified listings, showrooms or
sites, including but not limited to: copyrighted, trademarked, patented, or
other material used without the permission of the intellectual property rights
holder; trade secret; pornography; obscene and/or defamatory content.
Subscriber agrees not to violate any
intellectual property rights, including uploading or downloading commercial
software.
PlanetEarthAutos.com is a private company
and reserves the right to limit and/or prohibit any content or material it deems
inappropriate as part of this agreement.
PlanetEarthAutos.com reserves the right
to monitor any and all communication and activity which occurs through or on its
servers to ensure adherence to these terms.
PlanetEarthAutos.com reserves the right
to prohibit, remove, and/or block access to any pages which primarily contain
hyperlinks to content or material deemed inappropriate as defined herein.
PlanetEarthAutos.com reserves the right
to prohibit, remove, and/or block access to any pages which primarily contain
content or material which promotes or induces illegal activity.
PlanetEarthAutos.com reserves the right
to prohibit and/or block access to any IRC channel, at any time for any reason,
including those which contain content or material in violation of the terms in
this agreement.
Please report any violations of these
terms to support@planetearthautos.com. In the event that PlanetEarthAutos.com receives a
complaint, PlanetEarthAutos.com will investigate the complaint and, in its sole
discretion, may suspend or terminate the account(s) involved and/or may remove
the material from its servers. Subscribers will be notified, by email, within
three (3) days of this proceeding. Subscribers who believe their activities may
have been misclassified may petition PlanetEarthAutos.com for renewal of their
account.
PlanetEarthAutos.com reserves the right
to release subscriber information to comply with an investigation into any
activity which violates these terms, and may report such activity to the
appropriate authorities.
Part 2 - Listing Terms
PlanetEarthAutos.com makes no guarantee
of how many people will view your ad. PlanetEarthAutos.com also make no
guarantee that your item will sell from our website.
All pictures posted or modified by
PlanetEarthAutos.com will be compressed to a level no larger than 256 kilobytes.
No file submitted to or by PlanetEarthAutos.com shall exceed 256 kilobytes.
All pictures will be displayed as
submitted to PlanetEarthAutos.com. We reserve the right to display any and all
pictures in a thumbnail format. This means that we can display the picture at
smaller sizes based on how we want the PlanetEarthAutos.com website to look.
PlanetEarthAutos.com does not guarantee
100% uptime of our website. If any technical problems (ie: Our host having a
technical problem or our scripts stop functioning) and your ad is unable to be
displayed for any amount of time, PlanetEarthAutos.com is not liable for any
damages that you may incur as a result of said technical issue. In the event of
such an issue, PlanetEarthAutos.com reserves the right, at our sole discretion,
to extend your ad ending date. No refunds will be issued or given.
Place and/or purchase items in this
database at your own risk. PlanetEarthAutos.com is a service to the entire
Internet. Therefore we cannot prohibit activity by unsavory and/or seedy
individuals. You, as a visitor or an ad poster, agree to hold harmless PlanetEarthAutos.com
and their officers/agents for any and all damages, fees, fines, or losses that
may incur as a direct or indirect use of this system.
PlanetEarthAutos.com reserves the right
to modify/discontinue, temporarily or permanently, the Service with or without
notice to User. User agrees that PlanetEarthAutos.com shall not be liable to
User or any third-party for any modification or discontinuation of the Service.
By using the PlanetEarthAutos.com
service, you agree that the information you submit is accurate and does not
advertise or promote any illegal or unethical activities.
Do not use our email system to spam our
customers. If it is determined that you have done so, we will report you to the
abuse department of your ISP/Hosting provider and take all necessary steps,
technically, legally and financially, to prevent you from repeating the offense.
We reserve the complete right to delete
or modify any ad, without notice, which we feel are not related to this site at
any time.
ANY links or urls posted with your ad are
subject to removal without notice by PlanetEarthAutos.com. This includes, but is
not limited to, ads with links or urls posted in them that solicit sales and/or
business and/or are posted for the purpose of generating traffic to any site or
server.
Any and all photographs posted to our website,
(http://www.planetearthautos.com) become the sole property of PlanetEarthAutos.com.
You must post your ad within 30 days of
signing up. Your ad is valid from your posting date. If you sign up an account
and do not post your ad within 30 days, we reserve the right to remove your
account without notice and without refund. Your ad will run for 90 days unless
you cancel the ad from the appropriate link in your ad account control
panel.
At times, we may be contacted by other
companies that may want us to give out your email address. We will in no way
shape form or fashion, give away your email address. However, this does not
remove the ability of such an individual or company to use the automatically
provided contact form on your ad to contact you. We may give permission to said
company to use the contact form to contact you if we feel that it's possible, it
could help you sell your vehicle. Please note that if someone uses the contact
form, your email address is completely hidden from them and anyone else that may
attempt to contact you. The only way anyone will get your email address, is if
you choose to respond to such an offer.
Any violation of these terms will result
in the cancellation of your account. This will effect your account access to
add, add to, modify, or delete your advertisement, though your ad may or may not
remain on our website.
DISCLAIMER, INDEMNITY AND WARRANTIES
PLANETEARTHAUTOS.COM AND ITS AFFILIATES
DISCLAIMS ANY WARRANTIES EXPRESSED OR IMPLIED ON GOODS OR SERVICES LISTED ON THE
SERVICE. SELLERS ASSUME ALL RISK ON LIABILITY ARISING FROM THEIR OFFER FOR SALE
OF ANY ITEM.
PLANETEARTHAUTOS.COM AND ITS AFFILIATES
CANNOT BE LIABLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE SERVICE,
OR THE CONTENTS OF ANY ADVERTISEMENTS, OR FOR THE CLAIMS OR OMISSIONS THEREIN.
THE SERVICE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.
PLANETEARTHAUTOS.COM MAKES NO WARRANTY
THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PLANETEARTHAUTOS.COM MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE, OR THAT DEFECTS IN THE PLANETEARTHAUTOS.COM SERVICE OR SOFTWARE WILL BE
CORRECTED.
USER AGREES TO INDEMNIFY AND HOLD PLANETEARTHAUTOS.COM,
AND THEIR AFFILIATES HARMLESS FROM ANY CLAIMS, INCLUDING ATTORNEYS' FEES, MADE
BY ANY THIRD PARTY, DUE TO OR ARISING OUT OF USE OF THE SERVICE, USER'S
CONNECTION TO THE SERVICE, OR USER'S VIOLATION OF THIS AGREEMENT.
THIS AGREEMENT SETS FORTH THE ENTIRE
AGREEMENT BETWEEN PLANETEARTHAUTOS.COM AND USER WITH RESPECT TO THE SUBJECT
MATTER HEREOF AND SUPERCEDES ALL PREVIOUS REPRESENTATIONS, UNDERSTANDINGS OR
AGREEMENTS AND SHALL PREVAIL NOTWITHSTANDING ANY VARIANCE WITH TERMS AND
CONDITIONS OF ANY OTHER PRIOR WRITING BETWEEN THE PARTIES. IF ANY PROVISION OF
THIS AGREEMENT IS HELD TO BE INVALID BY A COURT OF COMPETENT JURISDICTION, THEN
THE REMAINING PROVISION SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.
CUSTOMER MAY NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT PLANETEARTHAUTOS.COMs'
PRIOR WRITTEN CONSENT. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE
OF ILLINOIS AND ALL CLAIMS CONCERNING THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY
IN THE STATE OR FEDERAL COURTS LOCATED IN THE COUNTY OF LAKE IN THE STATE OF
ILLINOIS. THE PARTIES HEREBY CONSENT TO SUBMIT TO THE JURISDICTION OF SUCH
COURTS AND WAIVE ANY PERSONAL JURISDICTION OR VENUE DEFENSES CONCERNING SAID
FORUM.
WE RESERVE THE RIGHT TO CHANGE OR MODIFY
THIS AGREEMENT AT ANY TIME WITHOUT NOTICE.
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