PlanetHS Terms and Conditions
TO USE THE PLANETHS.COM WEBSITE WITHOUT YOUR PARENT’S CONSENT YOU MUST BE THIRTEEN YEARLS OLD. WHEN A STUDENT YOUNGER THAN THIRTEEN CREATES AN ACCOUNT, THE PARENT’S EMAIL ADDRESS IS REQUIRED BEFORE THE STUDENT ACCOUNT IS ACTIVATED.
PLEASE READ THIS PAGE CAREFULLY.
By using PlanetHS.com you agree to these terms of service (these “Terms”). We may update these Terms at anytime, for any reason and without notice to you. You are also subject to any posted guidelines or rules applicable to any PlanetHS’s service that you use.
- Your Acceptance. By using and/or visiting this website (collectively, including, all content and functionality available through PlanetHS.com or PlanetHS.com domain names, collectively referred to as the “PlanetHS Website” or the “Website”), you acknowledge and agree to: (a) these Terms; and, (b) PlanetHS’ privacy notice, found at www.PlanetHS.com and incorporated herein by reference. If you do not agree to any of these terms or PlanetHS’ privacy notice, please do not use the PlanetHS Website.
- PlanetHS Website. The PlanetHS Website provides users with access to, among other things, streamed media, photographs, contests, events, communications, tools, attachments, search services, personal calendar services, personalized content, and programming. These Terms apply to all users of the PlanetHS website, including users who are also contributors of video content, information, and other materials or services on the Website. The PlanetHS Website includes all aspects of PlanetHS, including but not limited to all products, software and services offered via the Website, including any applications. In connection with your use of the Website, you may receive certain communications from PlanetHS, such as service announcements, administrative messages, which you will not be able to opt-out of receiving. The Website is provided “as is” and PlanetHS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication. The PlanetHS Website may contain links to third party websites that are not owned or controlled by PlanetHS. PlanetHS has no control over and assumes no responsibility for the content, privacy policies, or practices of such third party websites. PlanetHS will not and cannot censor or edit the content of any third party website.
- Your Account. By using PlanetHS, including but not limited to opening an account, you represent and/or agree that:
a. You are at least thirteen (13) years old.
b. You are not prohibited from using the Website under applicable state and/or federal laws of the United States.
c. You will provide true, accurate, current and complete information about yourself when you register with PlanetHS and maintain and promptly update your information to keep it true, accurate, current and complete.
d. If PlanetHS has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, or otherwise violate the Terms, PlanetHS may suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
e. PlanetHS reserves the right to remove any account with or without a reason.
f. You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
g. You will immediately notify PlanetHS of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session.
h. PlanetHS is not liable for any loss or damage arising from your failure to comply with the Terms.
4. Your Use of Content. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, artwork, video, messages or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. The following restrictions and conditions apply specifically to your use of content on the PlanetHS Website.
a. The content on the PlanetHS website, except User Content and third party advertisements, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“PHS Content”) (“User Content” and “PHS Content” are collectively referred to as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PlanetHS subject to copyright and other intellectual property rights under the law. PHS Content on PlanetHS is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to use any PHS Content for the purposes of coaching or to gain a competitive advantage in any competitive event.
b. You may access User Content for your information and personal use solely as intended through the provided functionality of the PlanetHS website. You will not copy or download any User Content unless you see a “download” or similar link displayed by PlanetHS on the PlanetHS Website for that User Content.
c. You may access Content only as permitted under the Terms. PlanetHS reserves all rights not expressly granted in and to the PHS Content and the PlanetHS website.
d.You will not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the PlanetHS website for any commercial purposes.
e. You will not circumvent, disable or otherwise interfere with security-related features of the PlanetHS website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PlanetHS Website or the Content therein.
f. You understand that when using the PlanetHS Website, you will be exposed to User Content from a variety of sources, and that PlanetHS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PlanetHS with respect thereto, and agree to indemnify and hold PlanetHS, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
g. You agree that PlanetHS is not responsible for any Content that you upload, post, e-mail, transmit or otherwise make available via PlanetHS.
5. Your Conduct. You agree that while using the PlanetHS website you shall not:
a. upload, post, e-mail, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a PlanetHS official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PlanetHS Website;
e. upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt PlanetHS Website or servers or networks connected to PlanetHS Website, or disobey any requirements, procedures, policies or regulations of networks connected to the PlanetHS Website;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or,
m. collect or store personal data about other users.
6. Your User Content. As a PlanetHS account holder, you may submit User Content. You understand that whether or not such User Content is published, PlanetHS does not guarantee any confidentiality with respect to any User Content.
a. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize PlanetHS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to use in the manner contemplated by the PlanetHS Website and these Terms.
b. You own your User Content; however, by submitting your User Content to the PlanetHS website, you grant PlanetHS a perpetual, assignable, world-wide, royalty free and non-exclusive license(s) to use the User Content as PlanetHS deems appropriate in its sole discretion.
c. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PlanetHS all of the license rights granted herein.
d. You grant PlanetHS the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content on the PlanetHS website for the purpose for which such User Content was submitted or made available and for any marketing purposes at PlanetHS’s sole discretion.
7. Removal, Disclosure, Transmission & Security of Content.
a. Removal. PlanetHS and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the PlanetHS website. Without limiting the foregoing, PlanetHS and its designees shall have the right to remove any User Content that violates the Terms or is otherwise objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. You agree that you may not rely on any Content on the PlanetHS Website.
b. Disclosure. You acknowledge, consent and agree that PlanetHS may access, preserve, and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PlanetHS, its users and the public.
c. Transmission. You acknowledge that the technical processing and transmission of the PlanetHS website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
d. Security. The PlanetHS Website and software embodied within the PlanetHS Website may include security components that permit digital materials to be protected and use of these materials is subject to usage rules set by PlanetHS and/or content providers who provide content to the PlanetHS website. You agree not to attempt to override or circumvent any of the usage rules embedded into the PlanetHS website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the PlanetHS Website, in whole or in part, is strictly prohibited.
e. Data Deletion. In the event services provided are terminated with PlanetHS, LLC, our data deletion process will be initiated. After 30 days of services ending, all student, parent, and faculty data within our system will be removed. Removal of data consists of deleting data within the database as well as removal of uploaded forms and documents associated with student, parent, and faculty accounts. All traces of data will be permanently removed from our system and will not be recoverable.
8. INDEMNITY. YOU SHALL INDEMNIFY AND HOLD PLANETHS, ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE PLANETHS WEBSITE, YOUR ACCESS AND USE OF THE PLANETHS, YOUR CONNECTION TO PLANETHS, YOUR VIOLATION OF THE Terms, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
9. Use and Storage of Content. From time to time, in our sole discretion, PlanetHS may establish general practices and limits concerning use of PlanetHS Website, including without limitation the maximum number of days that User Content will be retained by PlanetHS or the maximum disk space that will be allotted on PlanetHS’s servers on your behalf. You agree that PlanetHS will have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the PlanetHS Website. PlanetHS reserves the right to log off accounts that are inactive for an extended period of time. PlanetHS reserves the right to modify these general practices and limits from time to time and without notice to you.
10. Modification to Website. PlanetHS may at any time modify or discontinue, temporarily or permanently, the PlanetHS Website (or any part thereof) with or without notice to you. You agree that PlanetHS shall not liable to you or to any third party for any modification, suspension or discontinuance of the PlanetHS Website.
11. Termination. PlanetHS may, under certain circumstances and without prior notice to you, immediately terminate your account, any other associated accounts, your access to the PlanetHS website.
12. Advertisers. PlanetHS is not responsible or liable for any loss or damage of any sort incurred as the result of your dealings with or as the result of the presence of any advertisers found on the PlanetHS Website.
13. Links. PlanetHS, advertisers or third parties may provide links to other World Wide Web sites or resources on the PlanetHS Website. PlanetHS is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that PlanetHS is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such website or the goods or services available on or through any such site or resource.
14. Proprietary Rights. The PlanetHS Website and any necessary software used in connection with it (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through PlanetHS or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PlanetHS or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the PlanetHS Website, its services or the Software, in whole or in part.
15. License. PlanetHS grants you a personal, non-transferable and non-exclusive right and license to use the Website on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by PlanetHS for use in accessing the Website
16. Disclaimer of Warranties. You agree that:
a. YOUR USE OF THE PLANETHS WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLANETHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PLANETHS MAKES NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; and (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLANETHS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms.
17. Limitation on Liability.
a. IN NO EVENT SHALL PLANETHS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLANETHS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
b. YOU SPECIFICALLY ACKNOWLEDGE THAT PLANETHS WILL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
18. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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 the service provider to locate the material;
d. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. a statement that you have 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
f. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PlanetHS’s designated Copyright Agent to receive notifications of claimed infringement is:
Joe K. Hawkins
PlanetHS, LLC and ArbiterSports, LLC
1719 Penman Rd.
Jacksonville Beach, FL 32250
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PlanetHS customer service at:
Joe K. Hawkins
PlanetHS, LLC and ArbiterSports, LLC
1719 Penman Rd.
Jacksonville Beach, FL 32250
You acknowledge that if you fail to comply with all of the requirements outlined in this Section 18, your DMCA notice may not be valid.
19. Disputes. The Terms shall be governed and construed in accordance with the laws of the State of Florida without regard to the conflicts of law principles. Any dispute arising out of your use or access to PlanetHS shall be submitted to binding arbitration in Duval County, Florida, except that, to the extent that you have in any manner violated or threatened to violate PlanetHS’ intellectual property rights, PlanetHS may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue of such state and/or federal courts. Arbitration under these Terms shall be conducted under the then current rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
20. Waiver and Severability of Terms. PlanetHS’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
21. No Right of Survivorship and Non-Transferability. PlanetHS accounts are non-transferable and immediately terminate upon the death of the account owner.
22. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website or under the Terms must be filed within three (3) months after such claim or cause of action arose or be forever barred.
23. Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
24. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlanetHS without restriction.
25. Violations. Please report any violations of the Terms to PlanetHS, LLC and ArbiterSports, LLC, 1719 Penman Rd., Jacksonville Beach, FL 32250.