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Envision Planet Terms of Service

Last modified: March, 2013

Welcome to Envision Planet!

Thank you for using our services. The Services are provided by Envision Planet, located in Lake Elmo MN, 55042, United States. Given the diversity and scope of our Services, there may be times when additional terms or product requirements will apply. Any additional terms will be made available with the related new Services, with those new terms becoming part of our agreement should you choose to use those new Services. By accessing an Envision Planet web site and using our Services, you are agreeing to the terms that follow. Please read the following terms and conditions carefully.

Use of Envision Planet Services

When using an Envision Planet web site, you must follow all policies that have been made available to you. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Envision Planet’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Your Envision Planet Account

You will need an Envision Planet Account in order to use our Services. You may create your own Envision Planet Account or your Envision Planet Account may be assigned to you by an Administrator.

If you use any of our sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Envision Planet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

If you learn of any unauthorized use of your password or account please contact us immediately at info@envisionplanet.com.

Privacy and Copyright Protection

Envision Planet’s Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Envision Planet can use such data in accordance with our privacy policies.

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act) and as such we do not collect any information from anyone under 13 years of age. To be a registered user, you must be at least 13 years old.

We respond to notices of alleged copyright infringement and terminate accounts of repeat offenders according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights, please contact us immediately at info@envisionplanet.com.

Trademarks

In addition, Envision Planet graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Envision Planet in the U.S. and/or other countries. Envision Planet trademarks and trade dress may not be used in connection with any product or service that is not Envision Planet’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Envision Planet or its employees. All other trademarks not owned by Envision Planet that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Envision Planet.

Your Content in Our Services

Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload or otherwise submit content to our Services, you give Envision Planet (and those with whom we work) a worldwide royalty-free license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or editorial or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and for developing new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services; by submitting that content you are representing to us that you have those rights.

You can find more information about how Envision Planet uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Envision Planet gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Envision Planet as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Envision Planet, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Envision Planet may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ENVISION PLANET NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, ENVISION PLANET AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ENVISION PLANET AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, ENVISION PLANET AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business Uses of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold blameless and indemnify Envision Planet and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Requests for Removal of information

Envision Planet occasionally receives requests from people to remove comments, feedback, and articles displayed on our sites, links to other site, products, and other miscellaneous information. Although Envision Planet reserves the right to address such requests individually, the general approach that Envision Planet takes reflects the following principles:

Envision Planet web sites consist of information that has been identified and compiled through internal proprietary processes and contributions by members and partners. Given the volume of information added, deleted, and changed on a frequent basis, Envision Planet cannot and does not screen feedback, comments, reports, white papers, original articles, and other 3rd party information made available through portions of its network of sites. If the publisher restricts access to his or her content or a publisher requests their information to be taken down from an Envision Planet web site, then, upon receipt of a written request by the publisher, Envision Planet will consider requests to remove such information on a case-by-case basis.

Other Sites

This site contains links to other sites. Envision Planet is not responsible for the privacy practices or the content of such web sites.

Public Forums

This site makes forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Cookies

Our site uses cookies to save your password so you don’t have to re-enter it each time you visit our site, to keep track of your shopping cart, and to customize your experience with the site.

Choice/Opt Out

Our site provides users the opportunity to opt out of receiving communications from us and our partners.

This site gives users the following option for removing their information from our database so as not to receive future communications or to no longer receive our service:

You can send email to info@envisionplanet.com.

Correct/Update

This site gives users the following options for changing and modifying information previously provided:

You can send email to info@envisionplanet.com.

Contacting Us

If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site, you can contact our administration staff at Envision Planet, 3070 Lake Elmo Avenue, Lake Elmo MN, 55042,  info@envisionplanet.com.

About These Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should review the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Envision Planet and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, it does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Minnesota, USA., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Minnesota, USA, and you and Envision Planet consent to personal jurisdiction in those courts.