Terms of Use

Last revised: August 14, 2012

This Terms of Use agreement (“Agreement”) governs your access to and use of the services, websites, and applications offered by Plancast (collectively the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Service you agree to be bound by this Agreement.

Your Use of the Service

You may use the Service only if you can form a binding contract with Plancast, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Plancast will not be liable for any loss or damage arising from your failure to comply with these requirements.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

Content on the Service

“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. Content includes all the plan information you submit for publication on the Service (each set of such information a “Plan”). You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

  • Your License to Plancast

    By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Plancast to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services.

    We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

  • Plancast’s Licenses to You

    Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.

    If you use our iPhone application, that use is governed by the Licensed Application End User License Agreement available at http://www.apple.com/legal/itunes/appstore/us/terms.html, which is incorporated by reference into this Agreement (the “iPhone EULA”).

Your Content will be able to be viewed by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of this Agreement. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

We may not monitor or control the Content posted via the Service and, we do not take responsibility for such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Plancast be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, 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 via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties partners. You understand that your Content will be published on the Service and may be republished, and if you do not have the right to submit Content for such use, it may subject you to liability. Plancast will not be responsible or liable for any use of your Content by Plancast in accordance with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, and that Plancast’s use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.

Plancast Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Plancast and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the Plancast name or any of the Plancast trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Plancast, or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. In consideration for Plancast granting you access to and use of the Service, you agree that Plancast and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.

You agree to defend, indemnify and hold harmless Plancast and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted or received by you; (ii) your violation of any provision of this Agreement; or (iii) any other party’s access or use of the Service with your username and password or other appropriate security code.

Restrictions on Content and Use of the Service

Your use of the Service is subject to the Plancast Rules (which are part of this Agreement). We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Plancast, its users and the public.

We may make available one or more APIs for interacting with the Service. Your use of any Plancast API is subject to this Agreement and the Plancast API Rules (which are part of this Agreement).

Copyright Policy

Plancast respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you notice any alleged copyright infringement appearing on the Service, please contact us at copyright@plancast.com.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Plancast will terminate a user’s account if the user is determined to be a repeat infringer.

Privacy

Plancast values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by Plancast.

Third-Party Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Plancast of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, PLANCAST AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Plancast will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Plancast has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Plancast or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLANCAST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PLANCAST HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting this Agreement on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead this Agreement and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This Agreement, and if applicable the iPhone EULA, is the entire and exclusive agreement between Plancast and you regarding the Service (excluding any services for which you have a separate agreement with Plancast that is explicitly in addition or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between Plancast and you regarding the Service. The failure of Plancast to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Plancast may provide notices to you via email, written or hard copy notice, or through posting on the Service, as determined by Plancast in our sole discretion. Plancast reserves the right to determine the form and means of providing notice to our Users, provided that you may opt out of certain means of notice as described in this Agreement.

We may revise this Agreement from time to time. The most current version will always be on this page. If in our sole discretion the revision is material, we will notify you as provided in this Agreement at least seven days before the revisions become effective. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Agreement.

The Service is operated and provided by Worldly Developments, Inc. d/b/a Plancast, 365 Ambar Way, Menlo Park, CA 94025. If you have questions about this Agreement, please contact us.

Plancast Rules

  • Unlawful Use: You may not use the Service for any unlawful purposes or for promotion of illegal activities. You may not post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation. International users agree to comply with all local laws regarding online conduct and acceptable content.
  • Information Quality: You may not post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive. This includes creating false or misleading Plans.
  • Offensive Content: You may not post Content that is hateful, abusive, threatening, profane, or otherwise objectionable.
  • Impersonation: You may not impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
  • Privacy: You may not publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
  • Spam: You may not use the Service for the purpose of spamming anyone.
  • Malware, Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
  • Technical Interference: You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Plancast’s computer systems, or the technical delivery systems of Plancast’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Plancast (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Plancast (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of Plancast except as permitted by these Terms is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.

Plancast may investigate and/or suspend your account if you violate any of the above policies. Plancast reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Use.

Plancast API Rules

The Plancast API Rules are under development. Please check back later.