Terms of Use

 

Welcome to Planet Music Gear. By accessing our servers, websites, or content therefrom (together, "PMG"), you agree to these Terms of Use ("TOU"), last updated August 23rd 2015.

Planet Music Gear is for the exclusive use of residents and businesses physically located within the USA and Canada. If we determine by IP address or email address, you are located outside these two countries, you will be immediately and without notice, be blocked.

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access PMG in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from PMG, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with PMG, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").

MODERATION. You agree we may moderate PMG access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

BANNED CONTENT
The following are prohibited:
false, misleading, deceptive, or fraudulent content
bait and switch
keyword spam
offensive, obscene, defamatory, threatening, or malicious postings or email
anyone’s personal, identifying, confidential or proprietary information
stolen property, property with serial number removed/altered
counterfeit, replica, or pirated items
spam; miscategorized, overposted or cross-posted
any good, service, or content that violates the law or legal rights of others

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to PMG, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and PMG is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your PMG use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("PMG ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) PMG ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your PMG use is governed by Michigan ("MI") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Detroit, MI (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against PMG Entities; (6) (except government agencies) to indemnify PMG Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your PMG use; (7) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or
indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USER" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. Users complying with prior written licenses may access PMG thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data.