Please read this USER Agreement (the "Agreement") carefully before enrolling as a USER of the OneBigPlanet® Corp. Advantages Program (the "Program"). A USER constitutes a registered member to the Program. This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. Enrollment is defined as providing OneBigPlanet® Corp. with your valid email address and a password in which to access your account, as well as any and all requisite USER contact information requested by OneBigPlanet® Corp. Participation in the Program and its benefits are offered at the discretion of OneBigPlanet® Corp.., and OneBigPlanet® Corp. has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.
Further, this USER Agreement (“Agreement”) constitutes a binding legal agreement between you and ONEBIGPLANET® CORP. regarding your use of the Program. Please read this Agreement carefully. By registering for or using the Program, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Program.
BEFORE YOU SELECT THE “I ACCEPT AND AGREE” CHECK BOX, CAREFULLY READ THE TERMS OF THIS AGREEMENT. BY CHECKING THE “I ACCEPT AND AGREE” BOX AND CLICKING THE JOIN BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE “I ACCEPT AND AGREE” CHECK BOX AND CLICK THE JOIN BUTTON.
The terms "you," "your," “USER” and "yours" refer to you, the customer using the Program. The terms "ONEBIGPLANET® ," "we," "us," and "our" refer to OneBigPlanet® Corp.
ELIGIBILITY AND ACCESS TO ADVANTAGES
1. You must be an individual, 18 years of age or older.
2. A USER must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of OneBigPlanet® Corp. You may maintain only one account. Any duplicate accounts will be subject to cancellation by ONEBIGPLANET®.
3. The Program is only available via access to the ONEBIGPLANET® Advantages Web site (http://www.OneBigPlanet®.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. ONEBIGPLANET® is not responsible for your inability to: connect to or have access to the Internet; log into the ONEBIGPLANET® Web site; or access your ONEBIGPLANET® account. You must have Internet access and an e-mail address to be eligible to receive the privileges and benefits of membership. Furthermore, the following conditions apply: (a) Access to the site requires you to use a personal identification number (“PIN”) that will be provided to you at login. You agree to keep your PIN confidential and not share it with anyone else; (b) The site contains links to third-party services and resources. ONEBIGPLANET® does not control the availability, security, and content of third-party sites. ONEBIGPLANET® is not responsible for, any third-party content that may be linked or accessed through other websites. Any concerns regarding any such service or resource, or any link to any such service or resources, should be directed to the particular third-party service or source that provides the site; and (c) Offers may have expiration dates or restrictions on days or dates of usage (i.e., black-out periods) that limit validity. Please read rules of use for each Affiliated Merchant’s offer carefully.
For more information, please visit the online help area of the web site to see the “Frequently Asked Questions” section; or click on the “Help” icon at the top of the web site for assistance.
4. By agreeing to these terms and conditions, you also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at ONEBIGPLANET®. Refusal to abide by this or any other rules outlined herein may result in ONEBIGPLANET® revoking or canceling your membership.
ADVANTAGES
5. USER purchases made through the ONEBIGPLANET® Affiliated Merchants will be deemed a "Qualified Purchase" in which tangible discounts or other benefits (herein, “Advantages”) in purchase price will be applied to the purchase, at the time of purchase by USER. All said Advantages will be subject to award if and only if all of the following criteria are satisfied: (a) "Cookies", both first and third party (if applicable), must be enabled on your Web browser; (b) All potential Qualified Purchases must begin by clicking on the Affiliated Merchant's link that appears on the ONEBIGPLANET® Web site and being successfully connected to the Affiliated Merchant's Web site based upon that click. TO receive all advantages, USERS must start their shopping trip at the ONEBIGPLANET® website; (c) ONEBIGPLANET® will route your request to a merchant site through specific links, to insure your advantage. Any alteration of these links will invalidate your advantage and/or possibly sale, which will not be deemed a Qualified Purchase; and (d) Users must not use coupons not listed on the ONEBIGPLANET® website.
6. The determination of whether or not a purchase made through a ONEBIGPLANET® Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of ONEBIGPLANET® and/or the Affiliated Merchant.
7. Advantages awarded to USERS are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to USER’s qualified purchase at any time by an Affiliated Merchant at its sole discretion. Should you disagree with any of these adjustments made to your “Qualified Purchase”, your sole remedy is to resolve the matter directly with the respective Affiliated Merchant.
8. USERS may be taxed on “Qualified Purchases” based on the tax laws of federal, state, and local jurisdictions. In all instances, USERS will be solely responsible for any and all tax liability.
9. From time to time, there may be Affiliated Merchants who do not offer Advantages to respective USERS. This is not contestable or disputable by the USER.
10. It is the USER’s responsibility to verify that Advantages have been applied to a Qualified Purchase. If USER does not believe that Advantages were not correctly applied to his/her respective Qualified Purchase, USER’s sole remedy is to resolve the matter directly with the respective Affiliated Merchant.
11. ONEBIGPLANET® is not responsible for changes to, or discontinuance of, any Affiliated Merchant, or any Affiliated Merchant withdrawal from the Program, or for any effect on accrual of Advantages caused by such changes, discontinuance, or withdrawal. ONEBIGPLANET® is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliated Merchant site. It is the USER's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the ONEBIGPLANET® site, we cannot guarantee that you will be eligible to receive a ONEBIGPLANET® Advantage on your purchases.
ACCOUNT ACCESS AND PASSWORD
12. Upon registration to the Program, you will be given a pin number (password) that will allow you to access your ONEBIGPLANET® account (via the ONEBIGPLANET® Web site) to identify Advantages, receive Advantages, and modify your account information. USER’s must be logged into his/her respective account, in order to make changes.
13. ONEBIGPLANET® reserves the right to terminate any account for abusive or fraudulent activity, or if the USER is no longer reachable at the e-mail address provided
14. ONEBIGPLANET® is entitled to act on instructions received under your personal identification number (herein, “pin number,” otherwise referred to as a password). For security purposes, it is recommended that you memorize your pin number, and do not write it down. You are responsible for keeping confidential any pin number for your USER account and ONEBIGPLANET® is not responsible for USERS who share or lose their respective pin numbers. A USER must report to ONEBIGPLANET® immediately, if anyone uses your account without your consent, or you discover any security breach that relates to your USER account, email address and other account information.
DISCLOSURE OF ACCOUNT INFORMATION AND PRIVACY POLICY
15. You authorize ONEBIGPLANET® to only disclose to third parties information you have provided, or information that ONEBIGPLANET® has obtained about your ONEBIGPLANET® account or shopping behavior: (i) to agents and licensors of ONEBIGPLANET® or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption of your Advantages. Further, you authorize ONEBIGPLANET® to receive any account information from any Affiliate Merchant including, but not limited to information regarding purchase was made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. You agree to hold the Affiliated Merchant harmless for any information disclosed to ONEBIGPLANET®. You agree to authorize ONEBIGPLANET® to collect and use non-personalized marketing information regarding visits and purchases made from the Affiliated Merchants internet commerce sites.
16. (a) By signing up for usage at ONEBIGPLANET®, you agree to receive communication from ONEBIGPLANET® (e.g., e-mail newsletters, Advantages from merchants, new or updated services and features, etc.), as well as to receive periodic shopping-related emails that highlight coupons and special deals that are available to ONEBIGPLANET® USERS. Furthermore, you hereby agree to receive communications that constitute Merchant Affiliated specials, promotions, advertisements, correspondences, etc. You can opt-out of receiving emails that are not account-related by following the unsubscribe link on any of the emails. Since we must communicate account information with you in order to operate our service, you may not “unsubscribe” from account information emails. But rest assured that we don't send account emails unnecessarily. If you don't wish to ever hear from us, even if just to hear that we have update(s) to your account or sometimes to offer you free advantages, you can terminate or cancel your account by sending an email to customer service. Please know we are only interested in offering you convenient online services that match your interests and needs.
(b) PRIVACY POLICY: ONEBIGPLANET® takes your privacy seriously. We want you to understand how we handle your personal information that we may collect on www.OneBigPlanet.com (“the Site”), and how we may and may not share it. This Privacy Statement covers all of our information handling practices for the Site. By visiting or accessing the Site, or becoming a registered member, you accept the practices described in this Privacy Statement. As part of providing you products or services, we may collect the following types of personal information from you: enrollment information, purchase information, Advantages account information, Refer-A-Friend, and the use of cookies and other related technologies. We use the information we collect in order to develop, offer and deliver our products and services, to process transactions in your account, to fulfill legal and regulatory requirements, to verify and enforce compliance with the policies governing the Site and our services, and to protect against misuse or unauthorized use of the Site and/or services. We collect and use customer information to deliver superior services to our USERS and to administer our business.
DISCLAIMER
17. THE ONEBIGPLANET® PROGRAM ARE BEING PROVIDED TO USER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONEBIGPLANET® DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
18. ONEBIGPLANET® DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY AFFILIATED MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH ONEBIGPLANET® INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE ONEBIGPLANET® WEB SITE, ONEBIGPLANET® DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, ONEBIGPLANET® DOES NOT WARRANT THAT ACCESS TO THIS SITE AND/OR USE OF CURRENT OR FUTURE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND ONEBIGPLANET® ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE OR YOUR USE OR INABILITY TO USE CURRENT OR FUTURE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR PURCHASE ITEMS WITH AN AFFILIATED MERCHANT.
LIMITATION OF LIABILITY
19. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH ONEBIGPLANET® HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON-PERFORMANCE OF ONEBIGPLANET® OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY ONEBIGPLANET®. IN NO EVENT SHALL ONEBIGPLANET® BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY ONEBIGPLANET® IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; (IV) THE USE OR INABILITY TO USE THE SOFTWARE INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF ONEBIGPLANET®, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
20. USER AGREES TO INDEMNIFY AND HOLD ONEBIGPLANET®, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY USER, OR THE INFRINGEMENT BY USER, OR OTHER USER OF THE PROGRAM USING THE USER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY USER COMMUNICATIONS.
TERMINATION OR CHANGES TO THE PROGRAM
21. ONEBIGPLANET® reserves the right to terminate the Program at any time with notice. This means USERS will receive 30 days notice of Program termination. Notification of Program termination will be sent to the email address you provided to ONEBIGPLANET® during the registration process. ONEBIGPLANET® will not be responsible for failing to notify you of Program termination where such failure is caused by any reason outside the control of ONEBIGPLANET®, including an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform ONEBIGPLANET® of a change in your email address.
22. ONEBIGPLANET® may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the USER Agreement page of the ONEBIGPLANET® Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
TERMINATION OF USAGE
23. Usage of and Participation in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the redemption of Advantages, or any misrepresentation of any information furnished to ONEBIGPLANET® or its affiliates by you, or anyone acting on your behalf, may result in the termination of your usage of and participation in the Program, cancellation of your ONEBIGPLANET® USER account. ONEBIGPLANET® also reserves the right to close accounts that have been inactive for more than 6 months. We call these 'Dead Accounts'. Inactivity is defined as no tracked visits, either through tracking of cookies or manually logged in. For any Dead Account, ONEBIGPLANET® will no longer allow user login under that username and password.
DISPUTES/ERRORS
24. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, must be submitted in writing to ONEBIGPLANET® at: Customer Service, ONEBIGPLANET® Corp., 244 Madison Avenue, #729, New York, NY 10016; or customerservice@OneBigPlanet.com. All disputes, interpretations of Program Terms and Conditions shall be resolved by ONEBIGPLANET® at its sole discretion. ONEBIGPLANET® will respond to USERS, via email or snail mail if USER requests it, no more than thirty days after receipt of their question(s) or dispute(s). USER must provide a valid email address and/or snail mail address in order to receive a response from ONEBIGPLANET® customer service.
MISCELLANEOUS
25. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflicts of law rules. As a condition of the use of the ONEBIGPLANET® website and service, you (the USER) agree to submit to the personal and exclusive jurisdiction of the courts located within New York and therefore agree to file any grievance or suit of any kind exclusively in the courts located within New York. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. ONEBIGPLANET®'s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between ONEBIGPLANET® and the Affiliated Merchants or between ONEBIGPLANET® and any other of its Corporate Partners. Neither the Affiliated Merchants nor any Corporate Partner shall have the ability to create any obligation on ONEBIGPLANET®'s behalf. This Agreement constitutes the entire agreement between you and ONEBIGPLANET® with respect to the Program.
