PLEASE READ THE FOLLOWING ‘TERMS OF SERVICE’ AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING OUR SITE(S)/MARKETPLACE AND/OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY, THE USER, MEMBER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE OUR SITE(S)/MARKETPLACE. BY USING OUR SITE(S)/MARKETPLACE, YOU EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS. THIS ‘TERMS OF SERVICE’ AGREEMENT IS EFFECTIVE AS OF 5/1/17.
MAYFAN ENTERPRISES, LLC is located at 1810 E. Sahara Ave. #100, Las Vegas, Nevada 89104 and controls this website.
“User” or “You” shall mean any person, entity, individual or business using the site or app platform to search for and/or purchase goods, merchandise and services from merchants.
“Member” shall mean any person who registers for our Marketplace Services, and through the process of creating an account, the user shall then be considered a "member".
“Merchant” or “Seller” shall mean any person, entity, individual or business selling or marketing goods, services and merchandise on the site or app platform to users or members
“Merchandise” shall mean any merchandise, goods, products or services purchased by a member or user directly from a merchant or seller on www.planetpeepz.com, which includes the Planet Peepz App Marketplace, and its Planet Peepz App Marketplace Platform(s).
2. Ownership of the Site
The merchants, seller, customers and users are all responsible for complying with any/all
applicable laws in any/all United States and/or from the country they are from, in any/all of your actions related to your use of the Planet Peepz App Marketplace Platform(s) and www.planetpeepz.com website Marketplace Platform(s) and service(s), regardless of the purpose of the use. In addition, you agree to adhere to the terms of the 'Acceptable Use Policy'.
You may not use the Planet Peepz and/or www.planetpeepz.com marketplace service(s) for activities that:
violate any law, statute, ordinance or regulation anywhere in the entire world.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other merchandise that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption or (l) involve the sales of merchandise or services identified by government agencies to have a high likelihood of being fraudulent.
Any and all members/users/visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this Terms of Service. Once a person registers for our Marketplace Services, through the process of creating an account, the user shall then be considered a "member".
The users and/or members acknowledge and agree that the Marketplace Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Planet Peepz. At its discretion, Planet Peepz may offer additional website Marketplace Services and/or merchandise, or update, modify or revise any current content and Marketplace Services, and this Agreement shall apply to any and all additional Marketplace Services and/or merchandise and any and all updated, modified or revised Marketplace Services unless otherwise stipulated. Planet Peepz does hereby reserve the right to cancel and cease offering any of the aforementioned Marketplace Services and/or merchandise. You, as the end user and/or member, acknowledge, accept and agree that Planet Peepz shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Marketplace Services and/or merchandise. Your continued use of the Marketplace Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Marketplace Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Marketplace Services offered shall be provided "AS IS" and as such Planet Peepz shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Planet Peepz and/or www.planetpeepz.com's Marketplace Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, with the Planet Peepz Marketplace App, and/or www.planetpeepz.com Marketplace we may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Furthermore, the registering party hereby acknowledges, understands and agrees to:
furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Planet Peepz will have sufficient grounds and rights to suspend or terminate the member who is in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Planet Peepz Services, or any portion thereof.
It is Planet Peepz priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Planet Peepz, website and Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, he/she is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
When you set up an account with Planet Peepz, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms Of Service. It shall be your responsibility to notify Planet Peepz immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Planet Peepz shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms Of Service.
As a user and/or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Planet Peepz Marketplace Platform(s), and www.planetpeepz.com Marketplace Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by the Planet Peepz Marketplace Platform(s) and/or the www.planetpeepz.com Marketplace Platform(s).
Furthermore, you herein agree not to make use of the Planet Peepz Marketplace Services for the purpose of:
uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
causing harm to minors in any manner whatsoever;
impersonating any individual or entity, including, but not limited to, any dba Planet Peepz, dba www.planetpeepz.com officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
interfering with or disrupting any Planet Peepz Marketplace Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
"stalking" or with the intent to otherwise harass another individual; and/or
collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Planet Peepz herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Marketplace Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms Of Service or which would otherwise be considered offensive to other visitors, users and/or members.
Planet Peepz herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
compliance with any legal process;
enforcement of the Terms of Service;
responding to any claim that therein contained content is in violation of the rights of any third party;
responding to requests for customer service; or
protecting the rights, property or the personal safety of the Planet Peepz Marketplace, its visitors, users and members, including the general public.
Planet Peepz herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Planet Peepz or any other content providers supplying content services to Planet Peepz. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using the www.planetpeepz.com and Planet Peepz App Marketplace Platform(s) to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the Terms Of Service, you are acknowledging that the use of this Service may result in interstate transmissions.
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Planet Peepz shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Content may include photos, audio, video and/or graphics. Therefore, you hereby grant and allow for Planet Peepz the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of the Planet Peepz Marketplace sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our site is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of the Planet Peepz Marketplace sites, and shall terminate at such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Planet Peepz Marketplace sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our site is for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of the Planet Peepz Marketplace sites and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible areas of the Planet Peepz Marketplace sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Members, Users, Merchants and Sellers (“You”) represent to Mayfan and unconditionally guarantee that the Customer Content, including any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Mayfan for inclusion in the deliverables and services are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Mayfan from any claim or suit arising from the use of such elements furnished by you.
You represent and warrant that (a) the Customer Content does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of any third party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right or any other party right, and (b) You own the Customer Content or otherwise have the right to use the Customer Content.
Those areas which may be deemed "publicly accessible" areas of the Planet Peepz Marketplace sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
The Planet Peepz Marketplace and site provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
your contributions do not contain any type of confidential or proprietary information;
Planet Peepz Marketplace and/or www.planetpeepz.com Marketplace shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Planet Peepz Marketplace and/or www.planetpeepz.com Marketplace shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
the contributor's Contributions shall automatically become the sole property of the Planet Peepz Marketplace and www.planetpeepz.com Marketplace; and
The Planet Peepz Marketplace and/or www.planetpeepz.com Marketplace is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Planet Peepz Marketplace and/or the www.planetpeepz.com Marketplace site(s).
You herein acknowledge that Planet Peepz may set up any such practices and/or limits regarding the use of our Marketplace Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by the Planet Peepz Marketplace, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Marketplace Service, the maximum disk space allowable that shall be allocated on the Planet Peepz Marketplace servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Marketplace Services in a given period of time. In addition, you also agree that the Planet Peepz Marketplace has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Marketplace Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Planet Peepz shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall not allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on the Planet Peepz servers. In this manner, you will not be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and have conversations with you in their own personal account on www.planetpeepz.com and Planet Peepz App. It is your agreement to this Terms Of Service which establishes your consent to allow Planet Peepz to not store any and all communications on its servers.
As a member of the www.planetpeepz.com and Planet Peepz App Marketplace Platform(s), you may cancel or terminate your account, associated email address and/or access to our Marketplace Services by submitting a cancellation or termination request to email@example.com or by simply deleting the Planet Peepz App Marketplace from your cellular device and not accessing the Planet Peepz App Marketplace ever again!
As a member, you agree that Planet Peepz may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Marketplace Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our Terms Of Service or any other incorporated agreement, regulation and/or guideline;
by way of requests from law enforcement or any other governmental agencies;
the discontinuance, alteration and/or material modification to our Marketplace Services, or any part thereof;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by you in connection with your www.planetpeepz.com and Planet Peepz App Marketplace Account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with www.planetpeepz.com and/or Planet Peepz App shall include any and/or all of the following:
the removal of any access to all or part of the Services offered within www.planetpeepz.com and Planet Peepz App;
the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Marketplace Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Planet Peepz shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either, Planet Peepz or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, merchandise, advertising or any other materials, on or available from such thirdparty sites or resources. Furthermore, you acknowledge and agree that Planet Peepz shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that the Planet Peepz Marketplace Services and any essential software that may be used in connection with our Marketplace Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Marketplace Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Planet Peepz or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Planet Peepz Marketplace Services (e.g. Content or Software), in whole or part.
The Planet Peepz Marketplace herein has granted you personal, non-transferable and nonexclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Marketplace Services. Lastly, you also agree not to access or attempt to access our Marketplace Services through any means other than through the interface which is provided by Planet Peepz for use in accessing our Marketplace Services.
Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material, ads or merchandise on the Site infringes upon any IP Rights, copyright, trademark, or other intellectual property rights, and you would like to bring it to Mayfan's attention, you can report your concern(s) by submitting your complaint at
DMCA Procedures. Mayfan reserves the right to terminate your, or any third-party’s, right to use the Site if such use infringes the copyrights of another. Mayfan may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Site, if Mayfan determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Mayfan's attention, you must provide Mayfan's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Planet Peepz Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
c/o MAYFAN ENTERPRISES, LLC
Attn: Copyright Agent
1810 E. Sahara Ave. #100
Las Vegas, Nevada 89104
AS PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICES, PLANET PEEPZ APP MARKETPLACE PLATFORM AND SITE (Collectively the “SITE”) IS AT YOUR SOLE RISK. NEITHER MAYFAN, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, RELIABILITY OR COMPLETENESS OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT/SELLER MERCHANDISE OFFERINGS, (II) THE DESCRIPTIONS OF MERCHANT/SELLER MERCHANDISE OFFERINGS OR MERCHANDISE, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE, MERCHANDISE OFFERINGS, AND MERCHANDISE AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW. MAYFAN HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANDISE OFFERINGS OR MERCHANDISE AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY AND THROUGH A MERCHANT OR SELLER OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL MERCHANDISE OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY MAYFAN THAT MIGHT BE INCLUDED IN OTHER APPLICABLE TERMS.TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
When you use the Site or send emails to Mayfan, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email, mms/sms texts, push notifications and/or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address, cellular number and/or through push notifications, you provide on the Site or from which you otherwise email us.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, merchandise, or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants/Sellers and other users of the Site. To the extent permitted under applicable laws, you hereby release Mayfan from any and all claims, costs, damages, or liability related to any product, goods, merchandise or service of a Merchant, regardless of whether such product or service is a Merchandise Offering available through the Site, any action or inaction by a Merchant or Seller, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant or Seller’s failure to comply with applicable law and/or failure to abide by the terms of a Merchandise Offering or any other products, goods or services purchased or obtained by you from a Merchant or Seller, and any conduct, speech or User Content, whether online or offline, of any other third-party.
ALL Merchants/Sellers marketing or selling any goods, merchandise offerings, merchandise, products, goods or services on the site agree to defend, indemnify, and hold Mayfan (and its officers, members, owners, directors, employees and agents) harmless from and against all Losses arising out of or in connection with: (i) a claim, suit, action, or proceeding by a user, member or third party alleging any issues, damages or any problems whatsoever with any merchandise offerings, merchandise, products, goods, or services purchased by a user or member from a merchant or seller using the Site; or (ii) breach by a Merchant or Seller of any of its obligations under this Agreement and also by Seller’s or Merchant’s misuse of the site or app marketplace. Merchants and Sellers agree to defend, indemnify, and hold Mayfan (and its officers, directors, members, owners, employees and agents) harmless from and against all losses arising out of or in connection with any tax liability they may incur as a result of using Planet Peepz App Marketplace Platform(s) and are responsible for their own taxes in their individual jurisdictions and/or state(s) and/or all other expenses that they may incur through sales generated by the use of the Planet Peepz App Marketplace Platform(s) and/or the www.planetpeepz.com Marketplace website Platform(s), as applicable by all United States Laws
In case of any claim that is subject to indemnification under this Agreement, the party that is indemnified (“Indemnitee”) will provide the indemnifying party (“Indemnitor”) reasonably prompt notice of the relevant claim. Indemnitor will defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement. Each party will cooperate in good faith with the other to facilitate the defense of any such claim and will tender the defense and settlement of any action or proceeding covered by this Section to the Indemnitor upon request. Claims may be settled without the consent of the Indemnitee, unless the settlement includes an admission of wrongdoing, fault or liability.
Mayfan and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN BERGEN COUNTY, NEW JERSEY EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.
YOU AND MAYFAN AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY NEW JERSEY LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN OR CLOSEST TO BERGEN COUNTY, NEW JERSEY.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and Mayfan agree that any Dispute may only be instituted in a state or federal court in New Jersey closest to Bergen County, New Jersey; (ii) you and Mayfan irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Mayfan agree to waive any right to a trial by jury. You and Mayfan agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of New Jersey, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of Mayfan.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Planet Peepz may furnish you with notices, including those with regards to any changes to the Terms of Service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Marketplace Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms of Service by accessing our Marketplace Services in an unauthorized manner. Your acceptance of this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Marketplace Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Planet Peepz Marketplace trademarks, copyright, trade name, service marks, and other Planet Peepz Marketplace logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Planet Peepz. You herein agree not to display and/or use in any manner the Planet Peepz logo or marks without obtaining Planet Peepz prior written consent.
BE IT KNOWN, that Planet Peepz complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.planetpeepz.com and the Planet Peepz App.
This Terms of Service constitutes the entire agreement between you and Planet Peepz and shall govern the use of our Marketplace Services, superseding any prior version of this Terms of Service between you and us with respect to the Planet Peepz Marketplace Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Planet Peepz Marketplace Services, affiliate Services, third-party content or third party software.
At any time, should Planet Peepz fail to exercise or enforce any right or provision of the Terms Of Service, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms Of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms Of Service remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of the Terms Of Service to Planet Peepz as follows:
c/o MAYFAN ENTERPRISES, LLC
1810 E. Sahara Ave. #100
Las Vegas, Nevada 89104