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Terms of Use

Except as otherwise provided in a written agreement signed by Vulcan Inc. or its affiliates, these Terms of Use represent the entire understanding between you and Vulcan Inc. and its affiliates (collectively, "Vulcan" or "we") regarding your use of www.pdpplanet.com (the "Site") and your submission of any materials to us. Vulcan is providing you access to the Site subject to these Terms of Use and the PDPPlanet.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Disclaimer
VULCAN PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

Limitation of Liability
IN NO EVENT SHALL VULCAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Vulcan. Vulcan provides these links solely as a convenience. The appearance of a link does not imply Vulcan's endorsement, nor is Vulcan responsible for the content of any linked site. You access linked sites at your own risk.

Eligibility
You must be 18 years or older to use the Site.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

Posting on Forums; Communications and Submissions
As a visitor to the Site, you may participate in Vulcan's communications forums to post information, suggestions, pointers, reviews, or comments about Vulcan's objectives. You agree that you will not post any content on Vulcan's forums that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. You may not use a false email address or otherwise mislead as to the origin of any content posted. Vulcan restores the right (but not the obligation) to remove or edit any content but does not regularly review the posted comment. Vulcan takes no responsibility and assumes no liability for any content posted by you or any third party.

All information posted on the Vulcan forums and any other requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Vulcan, using the Site or otherwise, (collectively, "Submissions") are not confidential and will become and remain the property of Vulcan. You agree that Vulcan shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

Vulcan does not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, Vulcan does not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.

General Proprietary Rights
The Site is owned by Vulcan and contains material that is derived in whole or in part from Vulcan and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Vulcan's express written permission.

Copyright
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Vulcan, or their content suppliers, and are protected by U.S. and other international copyright laws, 2005, PDPPlanet.com, ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Trademarks
"Vulcan," "PDPPlanet" and all logos, designs and symbols associated with such terms are trademarks of Vulcan Inc. and/or its affiliates (provided that this is not an exhaustive list of the trademarks owned by Vulcan Inc. or its affiliates). They may not be used in connection with any product or service other than those services offered by Vulcan or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vulcan or its affiliates.

Applicable Law
Vulcan operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination
These Terms of Use shall remain in force until terminated by Vulcan. Vulcan may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Vulcan, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Vulcan reserves the right to make changes to the Site, policies and these Terms of Use at any time.


Last Updated: April 26, 2005