Planet H Terms of Use

A&E Television Networks, llc
Planet H
Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. A&E Television Networks, LLC and/or one of its subsidiaries or affiliated companies (collectively, “A+E” or “we” or “us”) owns, operates and/or provides this Planet H website, Planet H games on IOS, Android and Kindle, related Planet H games and Planet H game previews on websites (collectively, the “PH Games”) subject to your compliance with the terms and conditions set forth in these Terms of Use. You agree that both your access to and use of the PH Games are governed by these Terms of Use and A+E’s Planet H Privacy Policy (together, the “PH Terms” unless specifically stated otherwise). By accessing and/or using the PH Games you agree to the PH Terms and to abide by all rules, terms, conditions, restrictions and notices in the PH Terms.

A+E reserves the right to do the following and will not be liable to any user or third party for so doing:

  • change the PH Terms at any time; or
  • change any of the PH Games, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of any of the PH Games or the hours that any of the PH Games are available.
  • change any fees or charges in connection with the downloading of any the PH Games.
  • These Planet H Terms of Use were posted on October 19, 2016.. Please look here for any updates, which will be posted for your review.

1. Changes . A+E has included the effective date of these Terms of Use at the top and bottom of this webpage. A+E reserves the right to make changes to any PH Terms at any time, however, A+E shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the PH Games. If you continue to access and/or use any of the PH Games after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the PH Terms as changed. The revised PH Terms supersede all previous notices or statements regarding the PH Games.

2. Dispute Resolution . These DM Terms are solely governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and A+E relating to the DM Games must be resolved exclusively through binding non-appearance-based arbitration under the rules of the American Arbitration Association ("AAA"), or in small claims court in New York, New York, U.S.A. or in your county of residence if your claims qualify. You may initiate proceedings by sending us a Notice of Legal Dispute, available on the AAA website at www.adr.org, to the following address:

A&E Television Networks, LLC
Attn: Legal & Business Affairs, Notice of Legal Dispute
235 E. 45th Street
New York, NY 10017

The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. Information regarding these rules can be found on the AAA website at www.adr.org. In addition, you and A+E agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (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. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Sites be instituted more than one (1) year after the cause of action arose.

If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.

 

Please Note , by agreeing and accepting these DM Terms, you explicitly agree that any claims or actions that you may otherwise have against A+E under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 2. If you are under 13 years old, please make sure that your parent or guardian has read these DM Terms.

3. Protection of the PH Games . You acknowledge that the PH Games are protected by copyrights, trademarks, patents and other proprietary rights owned by A+E and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of the materials in the PH Games, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. Except as expressly provided herein, A+E does not grant you any express or implied rights in or to the PH Games, and all right, title and interest that A+E has in the PH Games not explicitly granted to you by A+E or its licensors are retained by A+E or its licensors, respectively. No PH Games may be modified, copied, adapted, reverse engineered, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means, in whole or in part, without A+E’s or its licensors’ prior written permission. A+E hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the PH Games, subject to your complete compliance with the PH Terms and any and all other terms and policies set forth on or in the materials included in the PH Games (the “PH Materials”) and/or the PH Games.

The PH Materials remain the property of A+E or its licensors, as applicable. If you download the PH Games, each such PH Game is licensed on a limited basis to you by us or by the owner of such PH Game, and you must comply with any license agreement included with or displayed by such PH Game. Title to any such PH Game is not transferred to you. You may own the medium on which the PH Game is recorded, but A+E retains all right, title and interest in and to the PH Game, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the PH Game to a human-perceivable form or transfer the PH Game to any third party. Should there be any conflict between the license agreement for such PH Materials or the PH Games and the PH Terms, the license agreement will control.

4. Personal Information . A+E will not ask you to provide us with any personal information about you (e.g., your name and e-mail address). You can opt to receive the Planet H email updates on www.PlanetHistory.com. A+E will ask you for the following information in order to send you email updates: first name, email address, zip code and age. If you are an adult 22 or over we may ask for additional information such as the number of people in your household and their ages. This information will not be shared or used for any other purposes. You can opt out of receiving email updates at any time by contacting us at optout@aenetworks.com (subject line: “Opt-Out Planet H Email Communications”).

5. Information we collect from children. If you are 12 or under you will need your parent’s permission to register for email updates. We will collect your parent’s email address, notify them and seek consent. PlanetHistory.com has engaged PRIVO and uses the secure PRIVO-Lock™ system to register your child and to obtain your consent. PRIVO-Lock™ provides parents with the tools necessary to administer their online activities on ours and on a growing number of web and mobile services. If we do not receive parent permission we will delete you and your child’s email address within reasonable time.

6. Compliance with Applicable Laws . A+E reserves the right at all times to disclose any information as A+E deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

7. Acknowledgements. You acknowledge and agree that you (and not A+E) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any of the PH Games, and paying all charges related thereto.

8. Claims of Copyright Infringement . The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that PH Games and/or any materials included therein infringe your copyright, you (or your agent) may send A+E a notice requesting that the material be removed or that access to it be blocked. If you are under 13 years old, you may not send A+E a DMCA notification and should ask your parent or guardian to do so on your behalf. Please see the requirements and specific instructions for submitting a notice to A+E on A+E’s Copyright Policy at http://www.aenetworks.com/copyright. Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices with respect to the PH Games should be sent to A+E's Copyright Agent for Notice of claims of copyright infringement at: A&E Television Networks, LLC, 235 East 45th Street, New York, NY 10017, Attn: Christian T. Palmieri, DMCA Agent, By Telephone: (212) 210-1400, By Facsimile: (212) 210-1308, or By email: copyright@aenetworks.com (with the subject line: “DMCA Communication”).

A+E’s Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section 10. ALL OTHER INQUIRIES DIRECTED TO A+E’s COPYRIGHT AGENT WILL NOT BE ANSWERED.

9. Ownership and Restrictions on Use . The PH Games (and any intellectual property and other rights relating thereto) are and will remain the property of A+E. The PH Games, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute any materials, content or information available on or through the PH Games in any way without A+E’s prior written permission. The PH Games may be used solely to the extent necessary for your authorized use of the PH Games, as provided in the PH Terms or as expressly authorized in writing by A+E. Modification of any of the PH Games o or use of the materials in the PH Games for any purpose not expressly allowed hereunder may be a violation of copyright and/or other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to any of the PH Games by using any of the PH Games. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY MATERIALS OR ANY OR ALL OF THE PH GAMES, OR ANY PARTS THEREOF, IS PROHIBITED. Except as expressly provided in a separate license agreement, A+E and its licensors of the materials in the PH Games do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information. All PH Materials are Copyright © 2014-2016 A&E Televisions Networks, LLC, unless specified otherwise. ALL RIGHTS RESERVED.

10. Trademarks . The trademarks, logos and service marks displayed on the PH Games (collectively the “Trademarks”) are the registered and unregistered trademarks of A+E, its subsidiaries and affiliates, its licensors and vendors and other third parties. The Trademarks owned by A+E and its subsidiaries and affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not A+E’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages A+E. Nothing contained on the PH Games should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of A+E or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and A+E will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

11. Privacy/Security . You understand that any information collected by A+E in connection with your use of the PH Games will be used in the manner described in these PH Terms of Use and in the PH Privacy Policy, which, as stated above, is incorporated into these PH Terms of Use and collectively form the PH Terms. If you do not agree to the terms of the PH Privacy Policy you may not use the PH Games. Without limiting the terms of the PH Privacy Policy, you understand that we do not guarantee that your use of the PH Games, and A+E is not responsible or liable to you for any lack of security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the PH Games.

12. Jurisdictional Issues . Regardless of the language used thereon, each of the PH Games is directed for use by only United States citizens or individuals residing in the United States. A+E makes no representation that the PH Games or the PH Materials available thereon are appropriate or available for use in any other geographic locations other than the United States. Those who choose to access or use any of the PH Games from any other locations do so on their own initiative and at their own risk and are responsible for their own compliance with local laws if and to the extent any local laws are applicable. Any software in the PH Games is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any PH Games, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. A+E reserves the right to limit the availability of the PH Games to any person, geographic area or jurisdiction, at any time and in A+E’s sole discretion, and to limit the quantities of any PH Game that A+E provides.

13. User Ideas. A+E does not accept or consider unsolicited ideas, including ideas for new programming, promotions, products, technologies or processes (collectively, “ User Ideas”). You must not transmit any User Ideas to or through the PH Games or to A+E through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to A+E, including any concepts, know-how or ideas, you hereby grant A+E a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the PH Games and A+E’s (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others.

14. Termination . Your ability to access and use the PH Games will remain effective until terminated in accordance with the PH Terms. A+E may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the PH Terms. Upon termination, your right to use the PG Games will immediately cease, and you shall delete the PH Games and all copies thereof, whether made in accordance with the Terms or otherwise. The provisions of Sections 2, 6, 7, 8, 10 through 13, 15, 16, 19, 20, 22 and 23 will survive any termination of the PH Terms.

15. Disclaimers . THE PH GAMES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A+E AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. A+E AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE PH GAMES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PH GAMES (OR ANY PART THEREOF), THE SERVER(S) ON WHICH THE PH GAMES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF A+E OR ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, WHETHER MADE ON THE PH GAMES, OR OTHERWISE, SHALL CREATE ANY WARRANTY.YOUR USE OF THE PH GAMES IS ENTIRELY AT YOUR OWN RISK.

16. Inaccuracies . A possibility exists that the PH Games could include inaccuracies, errors or information or materials that violate the PH Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the PH Games. Although A+E attempts to ensure the integrity of the PH Games, we make no guarantees as to any PH Game’s completeness or correctness. In the event that a situation arises in which a PH Games’s completeness or correctness is in question, please contact A+E at feedback@aenetworks.com (with the subject line “Inaccuracies in Planet H Games”) with, if possible, a description of the material to be checked and the part of the PH Game where such material can be found, as well as information sufficient to enable A+E to contact you. If you are under 13 years old, you may not contact A+E and should ask your parent or guardian to do so. A+E will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement” above.

17. Limitation of Liability . NEITHER A+E NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS OR SUPPLIERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PH GAMES AND/OR MATERIALS CONTAINED ON THE PH GAMES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PH GAMES IS TO STOP USING THE PH GAMES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO A+E FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO A+E, IF ANY, TO ACCESS OR USE THE PH GAMES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND A+E OR A REPRESENTATIVE OF A+E CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

18. Indemnification . You agree to indemnify, defend and hold harmless A+E, its affiliates, licensors, suppliers, and A+E’s and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys’ fees and expenses) and other expenses that arise directly or indirectly out of or from your breach of the PH Terms.;

19. Questions . The PH Games are provided by A&E Television Networks, LLC. If you have any questions, comments or complaints regarding the PH Terms or the PH Games, feel free to contact A+E at: A&E Television Networks, LLC, re: Planet HISTORY Games, 235 E. 45th Street, New York, NY 10017, Attn: Digital Media Games or feedback@aenetworks.com (with the subject line “Planet History Games”). If you are under 13 years old, you may not contact A+E and should ask your parent or guardian to do so.

20. Notice for California Users . Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Statute of Limitations . Any claim or cause of action arising out of or related to use of the PH Games or the PH Terms must be filed within 1 year after such claim or cause or action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action will be forever barred.

22. Mobile Terms . If you are accessing the PH Games through an app on an Apple iOS device (an “iOS App”), (a) A+E grants you a non-transferable license to use the iOS App on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these PH Terms are concluded between you and A+E only, and not with Apple, and A+E, not Apple, is solely responsible for the PH Games and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App, (d) in the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be A+E’s sole responsibility; (e) A+E, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party’s intellectual property rights, A+E, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third party beneficiaries of these PH Terms, and that, upon your acceptance of these PH Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these PH Terms against you as a third party beneficiary thereof.

23. Notices . All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to A&E Television Networks, LLC, 235 East 45th Street, New York, NY 10017, Attention: Digital Media Counsel, Legal & Business Affairs. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.

24. Miscellaneous . If any provision of the PH Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the PH Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and A+E relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The PH Terms are not assignable, transferable or sublicensable by you except with A+E’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the PH Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. A+E’s performance of the PH Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of A+E’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Websites or information provided to or gathered by A+E with respect to such use. A printed version of the PH Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the PH Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Planet H Terms of Use, must be written in the English language.

© 2016 A&E Television Networks, LLC. -- All Rights Reserved.

Updated: October 19, 2016