Terms of Use

Effective Date: These Terms of Use were last updated on October 25, 2015.

The Instantmessagingplanet.com website(s) and service (the “Service”) is operated by InstantMessagingPlanet (“InstantMessagingPlanet”). By using the Service you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

These Terms of Use also incorporate the terms contained in the following policies:

• Privacy Policy http://Instantmessagingplanet.com/privacy/ and
• Cookie Policy http://Instantmessagingplanet.com/cookie-policy/

Use of the Service. You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for entertainment purposes.

1. You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password.  You will be solely liable for any and all use of your account (irrespective of whether such use is authorised by you or not).

The personal information collected by the Company upon your registration for the Service is handled in accordance with Company’s Privacy Policy.

Your License to Company. The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “User Content”). You hereby grant Company and its users a non-exclusive, irrevocable, perpetual and worldwide license to use, adapt, republish, copy, store, sell, distribute, communicate to the public, perform and distribute your User Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you, as part of the Service or in support of the Service through advertising and marketing.

You represent and warrant that nothing contained within the User Content would require Company to seek permission of a third party in order to use the User Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with User Content if such User Content is published, sold, distributed, or otherwise commercially exploited. You also consent to the doing of (or omitting to do) any acts in respect of the User Content which may otherwise constitute an infringement of your moral rights.  Any User Content uploaded to the site will be deemed non-confidential.

Acceptable Use Policy. Company requires all of its users to be respectful of other people. If you notice any violation of these Terms of Use (including this Acceptable Use Policy) or other unacceptable behavior by any user, you should report such activity to Company at abuse@Instantmessagingplanet.com.

You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any content you access from other users of the Service.

The categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not User Content is acceptable for the Service and any User Content that, in Company’s sole discretion, is found in breach of these Terms of Use (including this Acceptable Use Policy) or is otherwise unacceptable may be removed from the Service.

Without limitation, you will not post or transmit to other users any User Content that:

• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual;
• promotes or encourages violence or contains sexually explicit material;
• is inaccurate, false or misleading in any way;
• is illegal or promotes any illegal activities;
• contains personal information of any party such as phone numbers, addresses, car registration numbers etc;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Company is under no obligation to screen or monitor User Content (unless so required by law), but it may review User Content from time to time, at its sole discretion, to review compliance with these Terms of Use. The Company may include, edit or remove any User Content at any time without notice.

You understand that when using the Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

1. From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.

Termination of Access. In addition to any right or remedy that may be available to Company under these Terms of Use or applicable law, Company may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, Company may refer any information on illegal activities, including your personal information, to the proper authorities.

1. The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy Instantmessagingplanet.com/privacy/
2. This Service may contain links to other web sites not maintained by Company. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. Company encourages you to be aware that when you leave the Service, whether via a link on the Service or otherwise, and enter a third party website, you do so subject to that website’s terms and conditions and privacy policy. Company strongly advises you to read the terms and conditions and privacy policies of these third party websites. Company is not responsible for the practices or the content of such other websites or services and excludes all liability for any loss or damage suffered by you as a result of your use of the links and/or third party websites to the maximum extent permissible by law. Despite any links that might exist on the Service, Company does not endorse and is not affiliated with such third parties.

Our Proprietary Rights. Company or its licensors are the owners or licensees of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to use, copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

 

1. Subject to the limitations in connection with the Non-Excludable Guarantees (as set forth below), the Service, including all content made available on or accessed through the Service, is provided “as is” and Company makes no representations or warranties of any kind whatsoever in connection with the Service or the content on the Service.

For users located in Australia: Nothing in these terms and conditions limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (“Non-Excludable Guarantees”). Subject to the Non-Excludable Guarantees, Company excludes any representations, warranties, undertakings or conditions implied by statute, general law or custom. Company does not warrant that the functions contained in the Service or any materials or content contained therein will be completely secure, readily available, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components.

For all other users: Company excludes any express or implied representations, warranties, undertakings or conditions, including, without limitation, non-infringement, title, fitness for a particular purpose, or satisfactory quality to the fullest extent permissible by law. Company does not warrant that the functions contained in the Service or any materials or content contained therein will be completely secure, readily available, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components.

Company’s maximum aggregate liability under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed $100.00 U.S. Dollars (or its monetary equivalent for users outside of the United States).

Nothing in these Terms of Use shall exclude or in any way limit Company’s liability for fraud, death or personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.

Subject to the above (including the Non-Excludable Guarantees for users located in Australia), in no event will Company be liable under or in connection with these Terms of Use for loss of actual or anticipated income or profits, loss of goodwill or reputation, loss of anticipated savings, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.

1. You agree to indemnify Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) User Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law and Arbitration. The laws of the state of New York, USA shall govern these Terms of Use. You hereby expressly consent to the exclusive jurisdiction of the courts located in the state of New York, USA for all matters arising under or in connection with these terms of use or your access or use of the Service.

Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration (conducted in English) with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY.  If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator.  Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).  Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party. You also acknowledge and understand that, with respect to any dispute with Company arising out of or relating to your use of the Service, you are waiving your right to have a trial by jury; and you are waiving your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute.

 Infringement Notice. Materials may be made available via the Service by third parties not within our control. Company is under no obligation to, and does not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, Company respects the intellectual property rights of others. It is Company’s policy not to permit materials known by it to infringe another party’s intellectual property rights to remain on the Service.

If you believe any materials on the Service infringe third party intellectual property rights, you should provide Company with written notice that at a minimum contains:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

All take down notices should be sent to contact@Instantmessagingplanet.com

It is Company’s policy to terminate relationships regarding content with third parties who repeatedly infringe the intellectual property rights of others.

1. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
2. The failure by Company to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.
3. Company’s rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

Contact Information. Should you have any questions please contact us.

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