Terms of service


The following terms and conditions form the agreement between You as a user of planetzuda.com (“Service”) and Planet Zuda, LLC (aka “We”, “Us”, or “Our”). PLEASE READ THEM CAREFULLY. Your use of the Service, or any part thereof, constitutes your agreement to be bound by the terms set forth in this agreement (“Terms”). If You do not wish to agree to these Terms, You may not use the Service and should not proceed to register for an account. 1. License to Use Your right to use the Service is subject to these Terms which may be amended by Us at Our sole discretion from time to time by posting a new version of Terms on this page with the applicable effective date. Furthermore, We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. 2. Age Limitations Use of the Service is limited to individuals age 13 and above. By using our Service, You agree that you are 13 years of age or older, and that you have read, understood, and agree to be bound by the Terms, and that if you are between 13 and 18, that your legal guardian has reviewed and grants consent for you to agree to these Terms . 3. Acceptable Use Policy You agree to use the Service in accordance with the following Acceptable Use Policy: a) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. b) You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so. c) You agree not to take any action which encourages or consists of any threat of harm or harassment of any kind to any person or property or assists any other person or group in doing so. Such behavior shall include but not be limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images. d) You agree that you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person. e) You agree not to collect or attempt to collect personally identifiable information of any other user of the Service without their express consent. In the event that You collect any such information, You shall maintain records of any such consent throughout the time that You maintain an account with the Service and for three years thereafter. f) You agree not to undertake any action which is harmful or potentially harmful to the Service’s server structure. g) Your limited license to use the Service is not subject to lease, sublease or any other sharing or transfer to any third party without the specific, express written consent of the Service. h) You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of Service (b) any service provider, employee or contractor of the Service. i) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services; except where expressly authorized to do so on the Service; j) You will not use the Service to post or transmit in any manner any contact information including, but not limited to, email addresses, DM, Social Media identifiers, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names to any other person or include such information in Your publicly posted information.


k) You agree that Service will make the sole determination of any whether this policy has been violated. Violation of the Acceptable Use Policy shall be grounds for immediate suspension or termination of your User Account as provided elsewhere herein. 1. 2. 3. 4. Fees and Payments There is presently no fee to use the Service, however, We reserve the right to implement a Service fee or other fee structure for all or any portion of the service. We will provide notice of the implementation of any such fee by updating these terms and providing an effective date for the implementation of any such change to these Terms. 5. Privacy and Use of Information Your data privacy is important to Us. Our Privacy Policy sets forth our policy for the collection and use of information that we obtain from you and about you. Our Privacy Policy is incorporated herein as though set forth at length. A complete statement of our Privacy Policy is available to you at the link above or any of the links provided on most pages of the Service. As with these Terms, your use of the Service, or your express agreement as part of any registration for the Service, constitutes Your agreement to be bound by the terms of the Privacy Policy. There is presently no national privacy law that governs the collection of personally identifiable data. For the time being, because we are based in the State of California, and because California has some of the most robust consumer privacy protections in the country, we choose to comply with the law of the State of California in the protection of your personally identifiable information. Specifically, this includes the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), where applicable. CCPA and CPRA instruct that you may be able to contact Us to obtain or delete data that we may have which pertains to you. You may find further information and instructions for making such a request within the terms of our Privacy Policy. 6. Monitoring of Use We reserve the right to monitor Your use of the Service as well as any advertisements, public postings, messages or your use of the Service to ensure that they conform to these Terms and to evaluate the effectiveness of the Service. 7. Proprietary Information The Service contains and makes available to You, information, methodologies, graphics and other artwork or audio which is proprietary to Us, our partners, and other users of the Service. We assert full copyright protection over the information on the Service, whether on Our own behalf or on behalf of our partners and other Users. You agree not to download, copy, modify, use or distribute any such data, images or information in any manner whatsoever without having first received the express written consent from Us. 8. Interruption of Service We make every reasonable effort to maintain operation of the Service; however, many events and circumstances are beyond Our control. Thus, We do not in any way warrant or otherwise guarantee the availability of the system or servers and We are not responsible for any delay or loss of data, lack of delivery, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence. 9. External Links The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that We are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that You review the terms of use and privacy policy of such External Links prior to Your use of them. 10. Limitations of Actions MEMBER TERMS OF USE THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY WAIVE ANY CLAIM FOR DAMAGES OF ANY KIND WHETHER DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, LOSS OF PROFITS OR LOSS OF BUSINESS OR ANY OTHER CLAIM ARISING OUT OF YOUR USE OF THE SERVICE. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. 11. Indemnity You agree to fully defend and indemnify and hold Us, Our owners, members directors and Our contractors and affiliates (Indemnified Parties) harmless of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of these Terms by You or Your negligence whether active or passive in any way related to Your use of the Service or any portion thereof. Choice of counsel remains exclusively ours. You agree to fully defend and indemnify and hold Us harmless of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to Your use of the Service or any portion thereof. Choice of counsel remains exclusively ours. You agree that to the extent that You are issued any user ID and password that You will maintain the confidentiality of Your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of Your user ID. You further agree to defend and indemnify and hold Us harmless of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of Your confidential User ID and Password information. Choice of counsel remains exclusively ours. 12. Termination / Suspension In the event of any violation of these Terms, as determined in Our Sole discretion, Your account and any account tied to you may be suspended, subject to reinstatement on conditions established by Us at the time of such suspension or, at Our sole option, termination. In the event of either suspension or termination, You may lose access to any and all data, artwork, game history, score history, ranking or earned benefits (credits, tokens etc.) (collectively “Your Stuff”) without compensation therefore. To the extent that You are provided an opportunity to retrieve any or all of Your Stuff, the conditional or other provision of such an opportunity shall not create any obligation on Our part other than what is expressly assumed and communicated. 13. FORCE MAJEURE Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements including but not limited to pandemic related requirements or recommendations. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay. 14. U.S. EXPORT CONTROLS Software available in connection with the Services may be subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk. 15. ASSIGNMENT Your rights under these Terms may be assigned only upon Our express written approval. We may assign Our rights hereunder to any person or entity who shall become a principal owner, or shareholder of Service. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. MEMBER TERMS OF USE 16. SEVERABILITY If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. 17. CHOICE OF LAW These Terms shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue. 18. NO AGENCY Notwithstanding any other provision of this agreement, We are not Your agent, partner or joint venturer in any respect. 19. AMENDMENT We may without advance notice amend these Terms from time to time, and will do so by posting new Terms together with a statement as to the effective date of the Agreement on this page of this web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. 20. REQUIRED NOTICES Copyright Infringement Claims – Any notice concerning any claim of copyright infringement should be addressed to Planet Zuda, LLC, COPYRIGHT INFRINGEMENT CLAIM, Camarillo, California, 93012 Telephone  ‪(917) 727-5257 California – Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the planetzuda.com service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd, Suite N 112, Sacramento, CA 95834 or by telephone at 1-916-445-1254. © 2023 Planet Zuda, LLC All Rights Reserved.