PLEASE BE ADVISED THAT FORMER EMPLOYEES AND CONTRACTORS OF SBG MEDIA INC. ARE NOT PERMITTED TO ACCESS AND/OR USE THE SITE UNDER ANY CIRCUMSTANCES.
Permitted Use of the Site
sweepsplanet.com shall provide you (“User”) with access to the Site and the services contained therein. User shall be liable and responsible for any and all activities conducted on the Site by User whether or not such activities have been authorized by User. The Site is provided on an “as is” basis for the convenience of customers and users, and the Site and the domain name(s) associated with them and all copyrights, trademarks and other proprietary and personal rights of the Site are the sole property of sweepsplanet.com. The Site is intended for use by persons 18 years of age or older. You are permitted to access the Site and the content provided by sweepsplanet.com (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) (collectively, “Content”) solely for the purpose of viewing the Site and other services offered by the Site, receiving information about sweepsplanet.com’s business and products, communicating with sweepsplanet.com, or otherwise as stated on the Site.
Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and related products, services and offerings (“collectively, the “Site Offerings”). sweepsplanet.com may terminate this license at any time for any reason. Unless otherwise expressly authorized by sweepsplanet.com, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by sweepsplanet.com. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by sweepsplanet.com. Each User further agrees to indemnify and hold sweepsplanet.com harmless for that User’s failure to comply with this Section. sweepsplanet.com reserves any rights not explicitly granted in the Terms.
The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
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You hereby grant sweepsplanet.com a worldwide, perpetual, non-exclusive, transferable, fully- paid license to use, copy, perform, edit, rerun, reproduce, syndicate, license, sublicense, print, distribute, exhibit or revise any content provided by you to sweepsplanet.com via the Site in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party (which is referred to in these Terms as “User Content”). Further, by submitting such User Content you agree that upon sweepsplanet.com’s request, you will, without charge, make, execute and deliver any and all other instruments that may be necessary or desirable, as determined by sweepsplanet.com in its sole discretion, for the purpose of ensuring that all rights in the User Content are transferred to sweepsplanet.com and become the sole and exclusive property of sweepsplanet.com. In connection with such User Content, you warrant and represent to sweepsplanet.com that you have all rights, title and interests necessary to provide such User Content to sweepsplanet.com, and that your provision of the User Content to sweepsplanet.com shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret and such submission will be compliance with all laws, rules and regulations. sweepsplanet.com makes no warranties, express or implied, with regard to the Site, their operation, or your use of the Site, including but not limited to warranties of merchantability or fitness for a particular purpose. sweepsplanet.com makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or other services that you may access via the Site, the Internet, or other technology utilized to present, access or utilize the Site, nor does it warrant that the Site shall be free of computer viruses or other malicious content. sweepsplanet.com reserves the right to modify, suspend or discontinue the offering of the Site at any time for any reason without prior notice. Further, while sweepsplanet.com utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site.
IN NO EVENT SHALL sweepsplanet.com BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITE, EVEN IF sweepsplanet.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL sweepsplanet.com’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT OF $10.00.
sweepsplanet.com may provide links to third party Web Sites or services from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by sweepsplanet.com of such Site or an affiliation between planetsweeps.com and the owners of such Site, nor shall sweepsplanet.com be liable for the contents of such Site. sweepsplanet.com will also not be liable for any errors in such links, or for any malfunction of such links.
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization, as mutually agreed upon by the parties, in accordance with the then current arbitration rules of that arbitration organization; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorney’s fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorney’s fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site. sweepsplanet.com may provide you with an opportunity to obtain software or other proprietary content owned by sweepsplanet.com or a third party, such content may be subject to its own license agreement, in addition to these Terms. By using this Site, you agree to indemnify and hold harmless sweepsplanet.com, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you, or an account or computer owned by you, or your provision of User Content to sweepsplanet.com.
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site shall be the state and federal courts located in New York City, New York. The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to sweepsplanet.com in connection with these Terms shall be provided in writing, and any notice will be deemed to be provided on the date it is received.