TERMS OF SERVICE

Welcome to Planet Illogica, a self-empowering online artistic community for artists and creative-minded individuals. The following Terms of Service (“TOS”) apply to anyone using this web site.

Acceptance of Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE.

By using the Planet Illogica web site you accept the Terms of Service (“TOS”) and agree to comply with all applicable international, federal, state, and local laws and regulations. In addition, you agree to abide by all guidelines and rules posted by PI on this web site. International users must comply with all applicable laws regarding the transmission of technical data exported from the United States or to or from the country in which you reside. If you do not agree to these TOS, please do not use this Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE BROUGHT IN LOS ANGELES, CALIFORNIA.

1. Proprietary Rights. The Planet Illogica web site ("Site"), and any subsidiaries or affiliates is owned and operated by Planet Illogica, Inc. (referred to collectively as "PI " herein). The Site and its contents may only be accessed for personal use. No material from PI or any web site owned, operated, licensed or controlled by PI may be used for any commercial or resale purposes. Modification of the materials or use of the materials for any other purpose is a violation of PI ’s copyright and other proprietary rights. Nothing in this TOS conveys to you any rights or ownership in our or any other parties' copyrights, trademarks, patents or trade secrets ("Intellectual Property"). Similarly, we do not acquire any right or ownership in your Intellectual Property when you use our Site.
2. Trademarks. In addition to the content provided by PI, third parties (artists, companies, web sites, etc.) also provide content and materials to this Site. You agree to protect all rights, interests, and ownership of PI and its respective content providers. The use of any such material on any other web site or networked computer environment is strictly prohibited. All trademarks, service marks, and trade names (collectively, the "Marks") are proprietary to PI or other respective owners that have granted PI the right and license to use such Marks. Any use of brands, services, products, PI Content (e.g. art, music, film, literature, video games, etc.) or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.
3. Information. While PI uses reasonable efforts to include accurate and current information on the Site, PI makes no warranties or representations as to its accuracy. PI assumes no liability or responsibility for any errors or representations in the content of this Site. Notwithstanding the above, PI reserves the right (but not the obligation), in its sole discretion to delete, refuse, or move any Content that it deems inappropriate, or damaging to its business.
4. External Sites. PI may provide links to other sites on the Internet that are owned and operated by third parties or other vendors ("External Sites"). You acknowledge that PI is not responsible for any External Site content. Please contact directly the operators or administrators of any External Site if you have questions or concerns regarding their site. From time-to-time PI may provide links to advertisers. We encourage you to investigate any claims, warranties, or guarantees made by these advertisers to protect yourself against fraudulent, misleading or inappropriate conduct. PI will not, however, knowingly link to External Sites (including advertisers) that it believes is inappropriate for its members. We make no endorsement, however, of the External Sites and exercise no control over them. You agree PI shall not be liable for the actions, products, or services provided by External Sites.
5. Amendment to TOS. PI reserves the right to amend these TOS for any reasons we deem necessary, including but not limited to, compliance with laws, protection of artists, and for coverage of new Site features or services. We will attempt to inform you when our TOS have changed by updating this posting. We recommend that you periodically visit the TOS to stay apprised of any changes. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail.
6. Registration. Upon completion of the registration process and PI acceptance of your application, you will receive a password and account. You are responsible for all activities that occur using your password or account. You agree to notify PI immediately of any breach of security or unauthorized use of your account. PI shall not be liable for any loss or damage arising from your failure to protect your password or account. As a member of the PI community, you agree to provide accurate registration information about yourself and to keep such information current and complete. If you do not do so, PI may suspend or terminate your account and deny you access to the PI web site. The information you provide to PI is governed by our Privacy Policy, which is incorporated by reference and made a part of these TOS. Please click here to read the PI Privacy Policy.
7. Content Submission. PI does not claim ownership rights in your content. “Content” includes text, files, images, photos, videos, sounds, music, or other materials you may create and post on PI. Your copyrighted material remains your content. In order for PI to make your content available throughout our system and on our Site and to make it accessible in different media formats for distribution via authorized third party carriers and internet distributors, you grant PI and its affiliates a limited perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub licensable right and license to make, use, sublicense, reproduce, distribute, perform, display, such content and material so long as such limited rights do not interfere with your full and complete rights to control your content and material in any manner you deem appropriate. PI rights shall not interfere in any manner whatsoever with your rights to freely license your content to third parties in any manner you determine in your sole discretion. In addition, PI’s limited license to distribute your Content will end once you remove your Content from PI. Content you designate as private on the PI site will not be distributed by PI. Furthermore, you grant PI, its affiliates, and sub licensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify PI and its affiliates from any claims resulting from any content or materials you provide hereunder. If you choose to submit content to PI you acknowledge that you understand that despite good faith efforts by PI to safeguard your content, unethical third parties can and may illegally copy, distribute, and display your content without

your permission or without the permission of PI. In such instances PI will cooperate with you to prevent such third party actions.

Please note PI use of the following terms with respect to the limited license:

a) “Non-exclusive”: You are free to license your Content to anyone else. You are free to post your Content elsewhere, you are not limited to PI.

b) “Fully-Paid” and “Royalty Free”: This means PI is not required to pay you for the content you post on PI.

c) “Sublicensable”: This gives PI the rights to use its affiliates, alliance partners, subcontractors, and others to deliver PI services worldwide.

1. Artist Submission of Materials. Registered members of PI and members of the Artist in Residence program (“AIR”) may be allowed or invited to upload content (“Artist Content”) that can be featured on specially designated PI Member Pages. Artist Content submissions is governed by additional terms and conditions which are outlined in the Submissions Policy, which is hereby incorporated into the TOS and made a part of this Agreement. Please click here to review the Submissions Policy.
2. Conduct. We welcome a vibrant exchange of ideas in the PI community. Members may post comments, submit suggestions, offer content, or provide other information, so long as, it does not infringe upon the rights of any third party. While PI supports full artistic expression, PI does not permit the posting of pornographic materials or content. Users agree not to post any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or any content that is racially, ethnically or otherwise objectionable. Users agree to not impersonate any person or communicate under a false name or a name the user is not authorized to use. PI has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users. You must have complete authority and full permission from the appropriate rights owners prior to your submission of any Content or materials whatsoever to the PI web site.
3. Harmful Acts. You shall not transmit to PI or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "Trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time,

(iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Password. You may not use your password for any unauthorized purpose.

1. Public Transmission. From time to time PI will transmit information and content over public networks. You grant PI all necessary rights to do so, including the right to adapt such content in a manner that conforms to the technical requirements necessary to connect to the
2. service or device. PI will take reasonable measures to secure the content you provide to us. You agree PI shall not be liable if a third party obtains the information through unlawful means. Users of this Site are solely responsible for all fees and charges incurred to gain Internet access to the PI site.
1. Termination. We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. Alternatively, we may terminate your service or limit your access to our Site and remove and discard any information you provide to us at any time for any reason or without a reason. When there is a reason, such reason might include lack of use or if believe that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that you will not hold us liable to you or any third-party for any termination modification, suspension, or unavailability of our Site or services.
2. Restricted Rights. The materials on this Site are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of PI ’s proprietary rights in them.
3. Permissions and Requests for Images.

Anyone wishing to use any files or images contained on the PI site for publication, commercial use, or any other purpose must request and receive prior written permission from PI. Permission for such use, if any, is granted on a case-by-case basis and at the sole discretion of PI. For information concerning permissions contact PI legal at bj@planetillogica.com.

All requests for permission to reproduce images must be submitted in writing and should include the following information:

Artist's name: Title of work: Format: Description of the publication:

1. Indemnity. You agree to indemnify and hold us, (including our employees, officers, shareholders, subsidiaries, affiliates, agents, alliance partners, co-branders or other partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information you submit, post, transmit or make available through our Services, your use of our Services, your connection to our Services, your violation of the TOS, or your violation of any rights of another.
2. Disclaimer and Limitations of Liability.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR USE OF THE SITE, CONTENT, MATERIALS, OR SERVICE IS AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

IF YOU DOWNLOADED MATERIAL OR OTHERWISE OBTAIN IT FROM THE SITE, YOU DO SO AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, OR ANY OTHER ADVERSE CONSEQUENCE THAT RESULTS FROM THE MATERIAL OR CONTENT.

ANY ADVICE OR INFORMATION PROVIDED TO YOU, EITHER ORALLY OR IN WRITING, OR THROUGH OUR WEBSITE BY PI, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

17. Limitation of Liability

PI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

1. Notice. You agree that notice from PI via email is appropriate for any matters covered by this TOS. In addition, you agree to keep PI apprised of your current physical address and email address. You may contact PI at: info@planetillogica.com.
2. General Information. In this document, the terms “We “or “Our” refers to Planet Illogica, its owners, officers, directors, employees, and agents. This TOS constitutes the entire agreement between you and us and governs your use of the Site, our service, and supersedes any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Thank you for visiting Planet Illogica.