1. ACCEPTANCE OF TERMS
Planet Ocean Communications Inc., (POC) publisher of SearchEngineNews.com and The Unfair Advantage Book on Winning the Search Engine Wars welcomes you. POC provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular POC owned or operated services, you and POC shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. POC may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
Regardless of the collection of resources provided by POC, which may include various web based tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for POC to provide the Service. You also understand and agree that the Service may include certain communications from POC, such as service announcements, administrative messages, the SearchEngineNews.com paid membership publication and that these communications are considered part of the SearchEngineNews.com paid membership benefits and you will not be able to opt out of receiving them unless you cancelled your paid membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new POC properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that POC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or POC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). POC is concerned about the safety and privacy of all its users.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you choose to become a paid member of SearchEngineNews.com, you will receive a password and membership account-profile access upon completing the membership purchase and registration process. In addition, you will also receive a different and separate monthly password used to access the SearchEngineNews.com membership section of the publication. You are responsible for maintaining the confidentiality of these passwords and your account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify POC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. POC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
If at any time POC provides the ability to publicly post or privately transmit any content such as, but not limited to, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), such content shall be the sole responsibility of the person from whom such Content originated. This means that you, and not POC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. POC does not necessarily control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is controversial, or even offensive, indecent or objectionable. Under no circumstances will POC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that POC may or may not pre-screen Content, but that POC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, POC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by POC or submitted to POC, including without limitation information in POC Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that POC may access, preserve and disclose your account information and 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 TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of POC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by POC and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
POC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant POC the following worldwide, royalty-free and non- exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the POC network of properties that are intended by POC to be available to the general public. By way of example, publicly accessible areas of the Service would include Message Boards, Forums, or any other area of the Service that are open to both members and visitors.
9. CONTRIBUTIONS TO POC
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to POC, through suggestion, feedback, or contact webpages, surveys or emails, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) POC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) POC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) POC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of POC without any obligation of POC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from POC under any circumstances.
You agree to indemnify and hold POC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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 Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your POC user ID or membership access passwords), use of the Service, or access to the Service.
12. MODIFICATIONS TO SERVICE
POC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that POC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that POC may, under certain circumstances and without prior notice, immediately terminate your POC account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self- initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your POC account includes removal of access to all offerings within the Service. Further, you agree that all terminations for cause shall be made in POC's sole discretion and that POC shall not be liable to you or any third party for any termination of your account or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that POC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because POC has no control over such sites and resources, you acknowledge and agree that POC is not responsible for the availability of such external sites or resources, and 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 further acknowledge and agree that POC shall not be responsible or 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 Content, goods or services available on or through any such site or resource.
16. POC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by POC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
POC grants you a personal, non-transferable and non- exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, 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, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by POC for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO BUSINESS AND SEARCH ENGINE MARKETING ADVICE AND RECOMMENDATIONS
If you intend to create or join any service, receive or request any news, messages, alerts, advice, customer support, technical assistance, or other information from the Service concerning search engine optimization, marketing, or business advice, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the buyer beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended to be anything more than our best effort at interpreting reality as we see it at the time it takes place and knowing that all reality is temporary, assessments are opinions, and everything is subject to change. POC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any decisions based on such information.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
POC may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
23. TRADEMARK INFORMATION
Planet Ocean and the POC logo, are trademarks of Planet Ocean Communications Inc. (the "POC Marks"). Without POC's prior permission, you agree not to display or use in any manner the POC Marks.
24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and POC and governs your use of the Service, superseding any prior agreements between you and POC with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other POC services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and POC shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and POC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washoe, Nevada.
Waiver and Severability of Terms. The failure of POC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your POC account is non-transferable and any rights to your POC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service department.