Service Agreement and Terms of Service
BrightPlanet Corporation II, Inc. (“BrightPlanet”) located at 4009 W 49th Street, Suite 308, Sioux Falls, SD 57106 provides various services under the Data-as-a-Service name (“Services”). These Services are made available to you under the following terms and conditions. Your use of the Services indicates your acceptance of these terms. If you do not agree to these terms, immediately discontinue use of the Services.
BrightPlanet reserves the right to update and/or modify these Terms of Service at any time with or without notice. A copy is also available online at: http://brightplanet.com/terms-of-service/
- Key, User Name and/or Password: Upon your subscription to the Services, BrightPlanet will provide you with a unique key, user name, and/or password. The Key, User Name and/or Password are personal to you and may not be shared with others. You are entirely responsible for maintaining the confidentiality of your Key, User Name and/or Password. Additionally, you are entirely responsible for all activity on your account. You agree to notify BrightPlanet immediately of any unauthorized use of your account or loss of your Key, User Name, or Password. BrightPlanet will not be held liable for any loss or injury that you may occur as a result of someone else using your Key, User Name or Password.
- icense Grant: Contingent upon your adherence to your compliance with these terms and conditions and your timely payment of the Subscription Fee (described more fully below), BrightPlanet hereby grants you a non-exclusive, non-transferable license to access the Services and its associated results and documentation within the United States of America for the term associated with your subscription fee. You may access the synthetic summary of results generated by the Services and the associated links to various source materials. NO RIGHTS ARE GRANTED TO ANY OF THE VARIOUS SOURCE MATERIALS AND ALL SUCH RIGHTS REMAIN THE PROPERTY OF THEIR RESPECTIVE OWNERS.
- Illicit Content: BrightPlanet is under no obligation to provide any filtering or monitoring of results for inappropriate, illicit, or illegal content. If BrightPlanet is made aware of content, the possession of which is in violation of the Law, may at its sole discretion delete such content from its servers with or without notice to you. The results from this service may be provide to you without monitoring or review and BrightPlanet is not responsible for the content. BrightPlanet may provide any and all information it has relevant to illegal information to law enforcement upon receipt of a lawful subpoena or sua sponte.
- Availability Of Services: BrightPlanet makes not representation or warranty with regard to the availability of the Services, “up-time”, processing time, or the currency of any results generated by the Services. BrightPlanet reserves the right to update, change modify, or discontinue the Services at any time with or without prior notice.
- Subscription Fee: BrightPlanet will separately provide you with the pricing for your access and use of these Services. The Subscription Fee may be updated, changed, modified, or increased based on renewal agreement.
- No Refund on Prepaid Accounts: If you subscribe to a prepaid account, you may terminate your account at any time, with no refund due or owing to you. BrightPlanet may only offer you Prepaid terms for this service and is not obligated to provide monthly or periodic billing.
- No Reverse Engineering: You will not reverse engineer, decompile, disassemble, or otherwise attempt discover the source code of the Program.
- No Transfer: YOU WILL NOT RENT, SELL, SUBLICENSE, ASSIGN, TIME SHARE, OR TRANSFER ANY OF YOUR RIGHTS UNDER THIS AGREEMENT, YOUR ACCOUNT AND YOUR ACCESS TO THESE SERVICES MAY NOT BE SHARED WITH ANYONE ELSE.
- No Service Bureau: You will not use or offer the Services on a service bureau basis.
- Data Collection: In order to improve the Services and to aid in correcting any User reported issues with the Services, BrightPlanet shall have the right, but not the obligation, to periodically collect data from the Services related to usage statistics, performance metrics, and other quality-assurance related information.
- Warranty: BRIGHTPLANET MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OR ITS ASSOCIATED MATERIALS, AND HAS NO OBLIGATION OR LIABILITY TO USER WHATSOEVER ARISING OUT OF THE USE OF THE SERVICES. THERE CAN BE NO ASSURANCE THAT USER WILL ACHIEVE SPECIFIC RESULTS OR IMPROVEMENTS IN PERFORMANCE AS A RESULT OF THE SERVICES, EVEN IF BRIGHTPLANET HAS KNOWLEDGE THAT USER DESIRE SUCH RESULTS.
- Limitation of Liability: IN NO EVENT WILL BRIGHTPLANET, ITS AFFILIATES, SUPPLIERS, OR CERTIFICATE AUTHORITIES BE LIABLE TO USER FOR ANY LOSS, DAMAGE, CLAIM OR COST WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE TO BACKUP OR MAINTAIN QUERIES, HARVEST RESULTS, FAILURE TO PROCESS AT SPECIFIED TIMES, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE OR CLAIMS BY A THIRD PARTY, EVEN IF BRIGHTPLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, CLAIMS, OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. BRIGHTPLANET’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PROGRAM, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. If this limitation of BrightPlanet’s damages, or any part thereof, is held unenforceable, then all liability of BrightPlanet to User under this Agreement is limited to $100.00 as liquidated damages and not as a penalty.
- IP Rights and Confidentiality: The Services and all intellectual property rights thereto, including but not limited to copyright throughout the world, are owned by BrightPlanet. User will have only a limited, nonexclusive license to use the Services through BrightPlanet’s web interface, and are acquiring no rights to the Services, except the Limited License granted by this Agreement. All rights not expressly granted to User are retained by BrightPlanet.
- Twitter IP and Terms of Service: “Twitter” is the registered trademark of Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103. BrightPlanet believes that the service is offered within the Twitter Terms of Service. If BrightPlanet determines, in its sole discretion, that its service violates the Twitter Terms of Service, it may discontinue the service without prior notice. Copyright of individual Twitter posts belong to their respective owner. Twitter responds to copyright infringement notices under the Digital Millenium Copyright Act (DCMA), and may take down information which may be a response result to your Monitoring Criteria before such information is retrieved or captured by the service. Law enforcement users are encouraged to review the Twitter Guidelines for Law Enforcement, which may be found at https://support.twitter.com/articles/41949#.
- Export Rules: User agrees that the Services will not be accessed from nor will results be transmitted, shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the “Export laws”). In addition, if the Services are identified as an export controlled item under the Export Laws, You will represent and warrant that You are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that You are not otherwise prohibited under the Export Laws from receiving the Services. All rights to use the Services are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
- Notice to U.S. Government End Users: For U.S. Government End users, BrightPlanet agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212) and section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this Agreement.
- Governing Law and Choice of Forum: Whereas BrightPlanet is a South Dakota Corporation, and BrightPlanet is located in South Dakota, the parties mutually agree that this Agreement shall be construed and enforced in accordance with the laws of the State of South Dakota without regard to its choice of law provisions. Additionally, for each of the aforementioned reasons, the parties further mutually agree that the proper forum to resolve any disputes related to or arising out of this Agreement with be a state or federal court of competent jurisdiction located within Minnehaha County in the State of South Dakota.
- Relationship of the Parties: The Parties do not intend that any agency or partnership relation be created between them by this Agreement.
- Severability: Any clause or portion of this Agreement declared invalid shall not terminate or invalidate the remainder of this Agreement.
- Captions and Headings: The captions and headings contained in this Agreement are for convenience of reference only and shall not modify, define, limit or otherwise affect the meaning of any of the terms or provisions