These Terms and Conditions of Use (the "Terms and Conditions of Use") apply to the Planet Purl website located at www.planetpurl.com, hereinafter referred to as the Site. The Site is the property of Planet Purl, Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Planet Purl reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions of Use at any time. It is your responsibility to check these Terms and Conditions of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, Planet Purl grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed to Planet Purl, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms and Conditions of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Planet Purl's express prior written consent.
You may use information on products and services (such as data sheets, dictionaries, articles, and similar materials) purposely made available by Planet Purl for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Planet Purl reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Planet Purl server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Planet Purl, including any Planet Purl user account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Planet Purl's systems or networks, or any systems or networks connected to the Site or to Planet Purl.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Planet Purl on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Planet Purl or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Planet Purl's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Planet Purl may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Planet Purl makes no commitment to update the materials on the Site with respect to such products and services.
Federal and international copyright and trademark laws also apply to this site and their provisions are incorporated herein by reference.
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your Planet Purl ID, password or account.
You may not use anyone else's Planet Purl ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Planet Purl does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Planet Purl cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Planet Purl disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Planet Purl for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Planet Purl reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Planet Purl be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Planet Purl has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions of Use, Planet Purl is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, our liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against us (but not including the purchase price for any Planet Purl products, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Planet Purl, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Planet Purl by any third party due to or arising out of or in connection with your use of the Site.
Planet Purl may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. Planet Purl may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Planet Purl may preserve any transmittal or communication by you with Planet Purl through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Planet Purl determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Planet Purl, its employees, users of or visitors to the Site, and the public.
You agree that Planet Purl may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Planet Purl, for which monetary damages would be inadequate, and you consent to Planet Purl obtaining any injunctive or equitable relief that Planet Purl deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Planet Purl may have at law or in equity.
You agree that Planet Purl may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Planet Purl does take any legal action against you as a result of your violation of these Terms and Conditions of Use, Planet Purl will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Planet Purl. You agree that Planet Purl will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions of Use.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, Florida, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Planet Purl and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Planet Purl administers and operates the www.PlanetPurl.com Site from its location in Orlando, Florida, USA; other Planet Purl sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Planet Purl reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions of Use, so that these Terms and Conditions of Use shall remain in full force and effect. These Terms and Conditions of Use constitute the entire agreement between you and Planet Purl with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Planet Purl with respect to such use are hereby superseded and cancelled. Planet Purl will not accept any counter-offers to these Terms and Conditions of Use, and all such offers are hereby categorically rejected. Planet Purl's failure to insist on or enforce strict performance of these Terms and Conditions of Use shall not be construed as a waiver by Planet Purl of any provision or any right it has to enforce these Terms and Conditions of Use, nor shall any course of conduct between Planet Purl and you or any other party be deemed to modify any provision of these Terms and Conditions of Use. These Terms and Conditions of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Any feedback you provide at this site shall be deemed to be non-confidential. Planet Purl shall be free to use such information on an unrestricted basis.
The Planet Purl community offers friends an opportunity to meet friends-of-friends in a known, trusted environment. For knitters and crocheters, the Planet Purl community is the best place to find what you're looking for and to connect with people who share your interests.
You understand and agree to the following: (a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process; (b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account - whether or not you've authorized such use; (c) You agree to notify Planet Purl immediately of any unauthorized use of your account and (d) You are at least 18 years of age.
The Planet Purl community will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the Planet Purl community. You understand, and agree that, unless expressly stated, Planet Purl in no way controls, verifies, or endorses any of the information contained on or in the Planet Purl community service, including links, events, messages, message boards and members published classifieds.
Although registration is not required to use the Service, if you decide to register for the Service, you must complete the Planet Purl community registration screen. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). Planet Purl reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. Planet Purl reserves the right to refuse the Service to any user.
By agreeing to these Terms, members affirm that they will not use this service to harass or abuse other members. Individuals who have demonstrably harassed other individuals via message boards, private messages, classifieds, or using other means may be removed from the Planet Purl community.
You are fully responsible for any content you post on the Planet Purl community, including, but not limited to, photos, personal profile(s), message boards, classifieds, events, testimonials, e-mail messages - and the consequences of any such content.
You understand and agree that Planet Purl may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.
Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
- Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
- Displays sexually explicit material of any kind in an area that is not categorized for Mature Content
- Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Planet Purl community
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Planet Purl's prior consent
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is reposted without permission or attribution
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Has misleading email addresses or other manipulated identifiers to disguise its origin
Planet Purl considers the following content to be Mature:
Note: Hate speech is not acceptable and will not be tolerated on the Planet Purl community. As defined by Planet Purl, hate speech may consist of symbols or images, as well as text. Planet Purl defines sexually oriented content as any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing.
- Explicitly sexual content -- visual depictions or written descriptions
- Intense depictions or descriptions of violence or gore
- Obscene gestures
- Profanity that is sexual in nature or that is directed at another member
- Discussions or information about illicit substances
Planet Purl reserves the right to refuse membership to anyone. Planet Purl may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.
Planet Purl provides a Classified/Stash Swap Ad section solely for the use of our registered users who wish to sell or trade yarns, books, etc. from their personal items. Commercial users are strictly prohibited. Planet Purl reserves the right to modify or delete any posted Classified/Stash Swap Ad without reason or justification. Use of the Classified/Stash Swap Ad feature as either an actual or prospective buyer, seller, or swapper is an acknowledgment and agreement that all such use is at the users own risk and the Planet Purl neither guarantees, nor vouches for the quality off the items, the accuracy of the post, the identity of the seller or buyer, or any other fact or issue related to the transaction. All aspects of the transaction, including, but not limited to, the items or items involved and payment or trade therefore, are strictly at the members risk. By use of the Classified/Stash Swap Ad section, the user agrees to indemnify and hold harmless Planet Purl, Inc., it officers, directors, and affiliated companies harmless from any and all damages sustained, whether foreseeable or unforeseeable, from the use of any portion or feature of the site.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE PLANET PURL COMMUNITY SITE IS AT YOUR SOLE 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 FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE PLANET PURL COMMUNITY SITE ARE PROVIDED ON AN "AS IS" BASIS. PLANET PURL, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PLANET PURL, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE PLANET PURL COMMUNITY SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PLANET PURL, ITS LICENSORS OR SUPPLIERS 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 SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL PLANET PURL, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF PLANET PURL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER THE PLANET PURL COMMUNITY SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD PLANET PURL HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST PLANET PURL ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.
The information contained in this web site is subject to change without notice.
Last updated September 3, 2008.