1. ACCEPTANCE OF TERMS
Planet Virtual Boy provides the information and services on the Planet Virtual Boy sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of Planet Virtual Boy constitutes agreement with such Terms.
Before using Planet Virtual Boy, please carefully read this agreement relating to your use of Planet Virtual Boy. By using Planet Virtual Boy, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use Planet Virtual Boy.
Planet Virtual Boy reserves the right, at Planet Virtual Boy's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Planet Virtual Boy intends to provide users with up to fourteen days of advance notice). Your continued use of Planet Virtual Boy following the posting of changes to these Terms will mean that you accept those changes.
Use of Planet Virtual Boy constitutes full acceptance of and agreement to the Terms; if a user does not accept Planet Virtual Boy's Terms, he or she is not granted rights to use Planet Virtual Boy as defined herein, and should refrain from accessing Planet Virtual Boy.
Planet Virtual Boy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all Planet Virtual Boy (or any part thereof). Planet Virtual Boy shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By using Planet Virtual Boy, you warrant to Planet Virtual Boy that you will not use Planet Virtual Boy, or any of the content obtained from Planet Virtual Boy, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use Planet Virtual Boy automatically terminates.
3. DESCRIPTION OF SERVICES
Planet Virtual Boy is owned and operated by Planet Virtual Boy for the purpose of documentation and discussion (the "Purpose"). Planet Virtual Boy provides complete coverage of all released, unreleased and homebrewn games for the Nintendo 64 and Nintendo 64DD systems, the systems themselves and it's accessoiries, a user communication platform and more.
4. REGISTRATION OBLIGATIONS
When requested, each Planet Virtual Boy site user must: (1) personally provide true, accurate, current and complete information on the Planet Virtual Boy site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Planet Virtual Boy has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Planet Virtual Boy may suspend or terminate that user's account and prohibit any and all current or future use of Planet Virtual Boy (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain Planet Virtual Boy site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Planet Virtual Boy cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify Planet Virtual Boy of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Planet Virtual Boy, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via Planet Virtual Boy. No user shall transmit Content or otherwise conduct or participate in any activities on Planet Virtual Boy that, in the judgment of Planet Virtual Boy, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
Planet Virtual Boy reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Planet Virtual Boy shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Planet Virtual Boy, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Planet Virtual Boy to protect the rights, property, or personal safety of Planet Virtual Boy' users and the public. Planet Virtual Boy does not control the Content posted to Planet Virtual Boy and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Planet Virtual Boy be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Planet Virtual Boy.
Each user, by using Planet Virtual Boy, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of Planet Virtual Boy, use of Planet Virtual Boy, or access to Planet Virtual Boy.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
Planet Virtual Boy may establish general practices and limits concerning use of Planet Virtual Boy. While Planet Virtual Boy will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Planet Virtual Boy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Planet Virtual Boy site. Planet Virtual Boy reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Planet Virtual Boy reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
Planet Virtual Boy may terminate a user's account in Planet Virtual Boy's absolute discretion and for any reason. Planet Virtual Boy is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an Planet Virtual Boy site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order. Planet Virtual Boy's termination of any user's access to any or all Planet Virtual Boy may be effected without notice and, on such termination, Planet Virtual Boy may immediately deactivate or delete user's account and/or bar any further access to such files. Planet Virtual Boy shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Planet Virtual Boy reserves the right to delete, or not delete, a user's account at Planet Virtual Boy's sole discretion, as well as to delete, or not delete, content at Planet Virtual Boy's sole discretion.
Planet Virtual Boy, any Planet Virtual Boy site or a third party may provide links to other websites. Planet Virtual Boy exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Planet Virtual Boy shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The Planet Virtual Boy sites' Privacy Statement is applicable only when you are on an Planet Virtual Boy site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Planet Virtual Boy, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Planet Virtual Boy's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of Planet Virtual Boy; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE Planet Virtual Boy SITES IS AT HIS OR HER SOLE RISK. THE Planet Virtual Boy SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Planet Virtual Boy ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Planet Virtual Boy 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 NON-INFRINGEMENT. SPECIFICALLY, Planet Virtual Boy MAKES NO WARRANTY THAT (i) THE Planet Virtual Boy SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF Planet Virtual Boy'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, Planet Virtual Boy 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 Planet Virtual Boy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY Planet Virtual Boy SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE Planet Virtual Boy SITES; OR ANY OTHER MATTER RELATING TO THE Planet Virtual Boy SITES. IN NO EVENT SHALL Planet Virtual Boy'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. 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. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN Planet Virtual Boy AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, Planet Virtual Boy DOES NOT AND CANNOT CONTROL THE ACTIONS OF Planet Virtual Boy SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE Planet Virtual Boy SITES. OPERATION OF Planet Virtual Boy MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY Planet Virtual Boy.
Planet Virtual Boy respects the intellectual property rights of others, and requires that the people who use Planet Virtual Boy do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us at info@Planet Virtual Boy.
12. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and Planet Virtual Boy and govern each user's use of Planet Virtual Boy, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Planet Virtual Boy shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. If any provision of the Terms 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 remain in full force and effect.