TERMS OF USE

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY BEFORE USING THE PLANETXBOX360.COM WEBSITE (THE “SITE”). THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN COMPLEX MEDIA, LLC (“COMPLEX”) AND YOU AND/OR THE ENTITY WHICH YOU REPRESENT (“YOU” OR “YOUR”) GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. COMPLEX MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THE SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO.

This Site is for Your personal, non-commercial use only.  To access some of the resources the Site has to offer, You may be asked to provide certain registration information. Once a user registers with the Site, that user may be authorized to have additional access to the Site, including the ability to comment on stories.   It is a condition of the use of this Site that all the details You provide are correct, current, and complete. If Complex believes the details You provide are not correct, current, or complete, Complex has the right to refuse You access to the Site, or any of its resources, and to terminate or suspend Your account.  By using the Site, You represent and warrant that that You are 14 years of age or older and that Your use of the Site shall not violate any applicable law or regulation. 

Except as otherwise set forth herein, You acknowledge that, as between You and Complex, Complex shall own all right, title and interest in and to all intellectual property in the Site and its contents (the “Content ”), including but not limited to any and all copyrights, trademarks, service marks, trade dress and other intellectual property rights contained therein. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or the Content.  Complex does not convey, through allowing access to the Site or otherwise, any ownership rights in the Site or Content.

You acknowledge that, as between You and Complex, You will own all right, title and interest in and to the submissions and/or comments that You make on the Site.  You hereby grant Complex, and its licensees, successor and assigns, a perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, transferable right and license to use, edit, modify, reproduce, distribute, display, transmit, exhibit, broadcast, stream, synchronize, sell, license, assign, create derivative works or otherwise exploit Your submission, in whole or in part, in all media throughout the world, all without further notice to, consent from or payment to You. You agree to waive any right to the use of Your submissions, including any moral rights contained therein.

Although Complex may monitor or review posted messages from time to time, Complex does not actively monitor the contents of the comments sections of the Site, and is under no obligation to do so. Each user is solely responsible and liable for the contents of his or her comments, and Complex is not responsible in any way for the content or opinions expressed therein. Complex has the right, but not the obligation, to remove, edit or move, at any time, any material posted to the public areas of the Site, in each case as Complex deems appropriate.

You agree that You are solely responsible for the information and other content You post on and through the Site and should be aware that when You voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through the Site, such information is generally accessible to and may be collected and used by other users and may result in unsolicited online and offline messages from such users. You are encouraged to exercise discretion when providing personal information about Yourself in and through the public areas of the Site. No submissions shall be treated as confidential or proprietary information.

In connection with Your use of the Site, You agree that You shall not: (a) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload or input on the Site any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (c) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) harm minors in any way; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (f) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (g) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (h) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (i) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (j) modify, delete or damage any information contained on the personal computer of any other Site user; (k) infringe on the rights of any third party, including but not limited to trademark, copyright or other intellectual property rights; (l) use the Site in any manner that in Complex’s judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (m) undertake any acts not expressly permitted under the Terms.

Additionally, if, in Complex’s sole discretion, You choose a login name that is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, Complex reserves the right, without prior notice to You, to automatically change Your login name, delete Your posts from the Site, discontinue or suspend Your access to the Site, or any combination of these options.

Complex may discontinue or suspend the Site, in whole or in part, at any time with or without notice, and Complex may block, terminate or suspend Your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site. You acknowledge and agree that Site shall not be liable to You or any third party for any termination or suspension of Your access to the Site.

Complex shall be entitled, in its sole discretion, without notice and without limiting any other rights Complex may have under these Terms, at law or in equity, to (a) refuse to allow You to access the Site, (b) remove and/or delete any submissions You have made to the site, (c) revoke Your ability to make further submissions to the Site, and/or (e) use any technological, legal, operational or other means available to enforce these Terms, including without limitation, blocking specific IP addresses or deactivating Your account.

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPLEX, ITS AFFILIATES, LICENSORS AND PARTNERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COMPLEX DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.  SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPLEX, OR ITS AFFILIATES, LICENSORS OR PARTNERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDIES STATED IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. 

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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You agree to defend, indemnify and hold harmless Complex, its affiliates, licensors and partners, and their respective officers, directors, employees, agents and representatives from any and all claims, suits, actions, losses, liabilities, damages and expenses (including costs and reasonably attorneys’ fees) arising from or connected to Your use of the Site or violation of these Terms.  Complex reserves the right to assume the exclusive defense and control of any matter for which You are required to indemnify Complex hereunder, and You agree to cooperate with Complex’s defense of such claims.

From time to time, Complex may provide links on the Site that will allow You to visit the websites of third parties. Neither these websites nor the companies sponsoring these websites are controlled by Complex. Complex makes no representations concerning the information provided on such sites nor does Complex endorse the products or services offered by such sites. Your use of these websites or their products or services is at Your own risk. Complex expressly disclaims all liabilities associated with these third party websites and product or services.

The terms of the PLANETXBOX360.COM privacy policy (“Privacy Policy”) governs the use of personal information, and is incorporated herein by reference. The Privacy Policy is available at http://www.planetxbox360.com/page/show/privacyPolicy.

These Terms constitute the entire agreement between You and Complex with respect to your use of the Site, and supersedes any and all prior agreements, whether written or oral in connection herewith. The terms and conditions of these Terms will be binding on You and Your heirs, executors, administrators, successors and assigns.  The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.  If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.  

The Terms shall be governed and construed in accordance with the laws of the State of New York without giving effect to the principles of conflict of laws. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in New York County, New York in connection with any action arising out of the terms hereof, and waive any objection to such jurisdiction or venue based on forum non-conveniens or otherwise. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Notices shall be delivered to You at Your address on record with Complex.  You may provide notices to Complex via email to info@complex.com.