Your PlanetSmallBusiness.com Account and Site.
If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and The Strauss Group Inc. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause The Strauss Group Inc. liability. You must immediately notify The Strauss Group Inc. of any unauthorized uses of your blog, your account or any other breaches of security. The Strauss Group Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Strauss Group Inc. or otherwise.
By submitting Content to The Strauss Group Inc. for inclusion on your Website, you grant The Strauss Group Inc. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, The Strauss Group Inc. will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Strauss Group Inc. has the right (though not the obligation) to, in The Strauss Group Inc. possessive sole discretion (i) refuse or remove any content that, in The Strauss Group Inc. possessive reasonable opinion, violates any The Strauss Group Inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Strauss Group Inc.possessive sole discretion. The Strauss Group Inc. will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
By selecting a product or service, you agree to pay The Strauss Group Inc. the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify The Strauss Group Inc. before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to The Strauss Group Inc. in writing.
Responsibility of Website Visitors.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PlanetSmallBusiness.com links, and that link to PlanetSmallBusiness.com. The Strauss Group Inc. does not have any control over those non-The Strauss Group Inc. websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Strauss Group Inc. website or webpage, The Strauss Group Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Strauss Group Inc. disclaims any responsibility for any harm resulting from your use of non-The Strauss Group Inc. websites and webpages.
Copyright Infringement and DMCA Policy.
As The Strauss Group Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PlanetSmallBusiness.com violates your copyright, you are encouraged to notify info[at]PlanetSmallBusiness.com. The Strauss Group Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Strauss Group Inc. will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Strauss Group Inc. or others. In the case of such termination, The Strauss Group Inc. will have no obligation to provide a refund of any amounts previously paid to The Strauss Group Inc..
This Agreement does not transfer from The Strauss Group Inc. to you any The Strauss Group Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Strauss Group Inc.. The Strauss Group Inc., PlanetSmallBusiness.com, the PlanetSmallBusiness.com logo, and all other trademarks, service marks, graphics and logos used in connection with PlanetSmallBusiness.com, or the Website are trademarks or registered trademarks of The Strauss Group Inc. or The Strauss Group Inc. possessive licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Strauss Group Inc. or third-party trademarks.
The Strauss Group Inc. reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
The Strauss Group Inc. reserves the right to display attribution links such as ‘Blog at PlanetSmallBusiness.com,’ theme author, and font attribution in your blog footer or toolbar.
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
The Strauss Group Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PlanetSmallBusiness.comaccount (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by The Strauss Group Inc. if you materially breach this Agreement and fail to cure such breach within 5 business days from The Strauss Group Inc. notice to you thereof; provided that, The Strauss Group Inc. can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. The Strauss Group Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Strauss Group Inc. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will The Strauss Group Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Strauss Group Inc. under this agreement during the 15 business day period prior to the cause of action. The Strauss Group Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the The Strauss Group Inc., with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless The Strauss Group Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between The Strauss Group Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Strauss Group Inc., or by the posting by The Strauss Group Inc. of a revised version. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last revised: 5/12/2022