Terms & Conditions
1. Acceptance of Terms of Service PlanetFeedback:
The PlanetFeedback website (“Site”) or any PlanetFeedback handheld or wireless device application (“Application”) is provided free of charge to you by Consumer Cafe LLC ("PlanetFeedback") under the terms and conditions set forth herein ("Terms of Service" or "TOS"). These TOS govern your use of the Site or Application and all services provided in connection with the Site or Application. If you do not agree to the then current TOS, please do not access or otherwise use the Site or Application. These TOS may be updated by PlanetFeedback at any time in its sole discretion; please check http://www.planetfeedback.com/tos for the most current version of these TOS. Your continued use of the Site or Application will signify your acceptance of any change in the terms and conditions set forth herein. PlanetFeedback may modify or discontinue the Site or Application with or without notice to you and without liability to you or any third party.
2. Access to the Services.
Subject to these TOS, PlanetFeedback may offer to provide certain services, as described more fully on the Site or Application, and which are selected by you through the process provided on the Site or Application ("Services"), solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services PlanetFeedback performs for you, as well as the offering of any content on the Site or Application. PlanetFeedback may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. PlanetFeedback may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You certify to PlanetFeedback that you are an individual at least 13 years of age. You also certify that you are legally permitted to use the Services and access the Site or Application, and take full responsibility for the selection and use of the Services and access of the Site or Application. These TOS are void where prohibited by law, and the right to access the Site or Application is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Services, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or Application or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You are responsible for ensuring that such equipment or ancillary services are compatible with the Services.
3. Content of Messages
At PlanetFeedback, we strive to create a community of respect and integrity. While you alone are responsible for the content of your messages, and the consequences of any such messages, you agree to abide by the guidelines below. PlanetFeedback reserves the right to "remove your posting" or "terminate your use" if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
PlanetFeedback requires that any information posted by you regarding a company is truthful, factual, and represents an actual incident. Companies are protected by law from false claims against them. Your complaint could be construed as a claim about a company and may be subject to libel laws. Please verify that all information submitted is accurate and factual.
As a user of the Site or Application, you acknowledge that PlanetFeedback does not pre-screen or edit user authored content but that PlanetFeedback and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any content that is available via the Site or Application. Without limiting the foregoing, PlanetFeedback 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 and completeness of such content. You acknowledge that PlanetFeedback may preserve your content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to: (a) comply with a legal process, (b) enforce the TOS, or (c) respond to any claims that the content violates the rights of third parties.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, PlanetFeedback shall take the actions described in PlanetFeedback’s copyright infringement policy pursuant to the Digital Millennium Copyright Act. For more information, please check http://www.planetfeedback.com/copyright.
Any use by you of any other user’s information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The Site or Application is to be used by you for your personal use only. Commercial uses of the Site or Application are strictly prohibited unless prior written consent from PlanetFeedback has been granted. You agree that you will not use the Site or Application for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You further agree not to use the Site or Application to send or post on message boards or any place on the Site or Application, any message, material or user name that is insulting, attacking, unlawful, harassing, libelous, defamatory, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, or inaccurate material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. PlanetFeedback reserves the right to delete any such material from the Site or Application. PlanetFeedback will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 3. We reserve the right to interpret our TOS as we see fit and all decisions we make regarding enforcement of our TOS are final.
Examples of common behavior that is not allowed on our site are as follows (but not limited to):
1. Criticism of the way a person writes their letter and/or comments whether it be spelling/grammar/punctuation or writing in all caps
2. Unwarranted speculation that a letter writer/and or commenter did something to deserve bad treatment by a business or employee
3. Masked versions of vulgar language
4. Attempts to dissuade other members from using PFB
5. Accusing another PFB member of illegal behavior.
6. Placement of links and/or references to past letters or comments to try to discredit another PFB member
7. Comments which seek to diminish the importance of the letter writer and/or commenter's feedback eg: "with all the world's problems today, why are you bothering to complain about this minor matter.
8. Comments which contain links to third party sites that contain inappropriate or irrelevant content
9. Comments and/or letters which complain about removal of previous comments. The proper way to handle such questions/concerns is to contact us at email@example.com
10. Asking another PFB member where they work/shop for the purposes of not shopping/investing/doing business with that company
11. Making assumptions or accusations about another PFB member which aren't supported by that member's words or actions.
12. Making factually inaccurate statements.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of PlanetFeedback.
You agree to use only a valid, working e-mail address when registering for the PlanetFeedback Web Site and using the Site or Application to send or post messages. In addition, all commenters must use a screen name that allows other members and PFB admin to identify the user.
You agree not to post or use the Site or Application to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
4. Ownership of Content
The Site and Application are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit any of the content located on the Site or Application ("Content"), materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site or Application, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from PlanetFeedback, or from the copyright holder identified in such Content's copyright notice.
You may share the Application with others for their personal use only.
By submitting content, which shall include your member name, to any "public area" of the Site or Application, including message boards, forums, contests and chat rooms or by submitting content for transmission to a third party, you grant PlanetFeedback, its affiliates, and the parties to whom such content is addressed a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above.
You also permit any user to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Site or Application retains any and all Rights that may exist in such content.
5. Idea Submissions
We welcome any and all ideas/suggestions regarding the look, feel and operation of PlanetFeedback. Such ideas/suggestions become the property of PlanetFeedback without recompense or recourse to the submitter. All submitters transfer their rights to PlanetFeedback via a click through contract in accordance with the Electronic Signatures Act (2000). We reserve the right to accept, deny or modify any and all ideas submitted to PlanetFeedback. By using or subscribing to PlanetFeedback, you release the company from any and all liability due to disputes that may arise out of the use of any material found on this web site.
6. Registration and Password
You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify PlanetFeedback of any unauthorized use of your registration or password.
7. Disclaimer of Warranties
PlanetFeedback makes no representations or warranties about the use, applicability, or performance of the Services or Content made available on the Site or Application. PlanetFeedback has no special relationship with or fiduciary duty to you. You acknowledge that PlanetFeedback has no control over, and no duty to take any action regarding: which users gain access to the Site or Application; what Content you access via the Site or Application; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release PlanetFeedback from all liability for your having acquired or not acquired Content through the Site or Application. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. PlanetFeedback makes no representations concerning any content contained in or accessed through the Site or Application, and PlanetFeedback will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Application. YOU ACKNOWLEDGE THAT THE SERVICES, CONTENT, SITE, AND APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PLANETFEEDBACK MAKES NO WARRANTY THAT THE SITE OR APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PLANETFEEDBACK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATION, OR THE SERVICES PROVIDED BY PLANETFEEDBACK.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): PLANETFEEDBACK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE, APPLICATION, OR ANY WEBSITE LINKED TO THE SITE OR APPLICATION. PlanetFeedback will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on PlanetFeedback’s equipment, transmitted over networks accessed by the Site or Application, or otherwise connected with your use of the Services. For more information, please check http://www.planetfeedback.com/privacy.
PLANETFEEDBACK IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE PLANETFEEDBACK’S SITE OR APPLICATION. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against PlanetFeedback with respect to such sites.
8. Limitation of Liability
PLANETFEEDBACK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR APPLICATION, THE MALFUNCTION OF THE SITE, APPLICATION, OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PLANETFEEDBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
9. E-Mail Message Storage
PlanetFeedback assumes no responsibility for the deletion of or failure to store messages to companies or others.
10. Promotional Messages
If you are a registered user and you have elected to receive promotional material, PlanetFeedback and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. PlanetFeedback makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither PlanetFeedback nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of PlanetFeedback, its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Application, or Services, the violation of these Terms of Service by you, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
12. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions.
13. Remedies for Breach of these Terms by You
In the event that PlanetFeedback determines, at its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of the Site or Application, PlanetFeedback reserves the right to (i) warn you via e-mail that you have violated these Terms of Service, (ii) delete any content provided by you or your agent(s) to the Site or Application, (iii) delete all content provided by you to the Site or Application, (iv) discontinue your registration with Site, Application, and/or any other PlanetFeedback community, (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which PlanetFeedback deems to be appropriate.
PlanetFeedback reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms of Service or (ii) your registration with or ability to access the Site, Application and/or any other service provided to you by PlanetFeedback including any e-mail account upon any breach by you of the Terms of Service.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
PlanetFeedback may assign its rights and obligations under these Terms of Service and upon such assignment PlanetFeedback may be relieved of any further obligation hereunder.
These Terms of Service and any additional terms (as such terms shall be identified when posted on Site by PlanetFeedback) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. PlanetFeedback reserves the right to charge fees, surcharges and/or membership fees at any time.