Last updated: June 30, 2018
These Terms of Use (“Terms”) are a legally binding agreement between Harris Media Services, Inc., a Maine business corporation (“we” or “our”) and visitors to and users (collectively, “you”) of the PlanITPDQ web application (https://planitpdq.app) that we operate (the “Service”). By agreeing to these Terms, you also agree to our collection and use of personal information as described in our Privacy Policy.
- Description of Service
The Service allows registered users (“Members”) to plan, schedule and view analytic data regarding blog posts, podcasts, videos, newsletters and other marketing content (all of the foregoing collectively, “Content”).
- Your Use of the Service
The Service as of June 2018 is a beta product, meaning that we are inviting you to use it at no cost while we continue to fix bugs and improve features. We are delighted to have you using it, but please be aware that you may encounter errors or less-than-final features. If you’re ok with that… you’re welcome to use it! Hey, it’s free, right? Please keep copies of Member Data that you provide us, and don’t use PlanITPDQ as your sole repository of any important information. It’s smart to use the product feature and download your project list from time to time.
By visiting or otherwise using the Service, you agree to be bound by these Terms and any future changes to these Terms. These Terms are effective as of the “Last updated” date above.
Use of the Service by anyone under 13 years of age is prohibited. You represent that you are at least the age of 13 (or any older age that your local law may require as a condition of using the Service), meet all legal requirements for entering into a binding contract with us, and will use the Service only in compliance with these Terms and all applicable laws.
We reserve the rights to monitor your use of the Service to determine compliance with these Terms, to deny the use of the Service to any person who we believe in our sole discretion to be in violation of these Terms, and to suspend or terminate the Service to you or to any other person for any lawful reason at any time.
- Account Registration
You use the Service by creating an account on behalf of yourself and/or a company that you represent. Through the account, you can enter information about yourself, a company with which you may be affiliated, and Content that you plan to publish (all of the foregoing collectively, “Member Data”). Member Data includes titles, categories, descriptions and dates for Content publication and may include different information in the future.
You may use the Service to invite collaborators to work with you on your Content. Each collaborator will create his or her own account, and these Terms will apply to each such person individually. If you create an account on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms and provide us with Member Data relating to that entity.
At all times, all Member Data and information that you submit to us in your account profile must be accurate and must not violate any intellectual property, privacy, confidentiality or other rights of any person or organization. You may not transfer your account to any other person or organization without our prior consent.
You agree to keep your account credentials secure and not disclose them to third parties. You will immediately notify us if you believe your credentials have been lost or used without your consent by any other person. You are liable for all activities undertaken through your account.
- Term and Termination
These Terms are effective beginning when you first create an account with the Service and continue until you terminate your account or we terminate these Terms.
- Licenses
- Your License to Use the Service. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, nontransferable, worldwide, fully paid-up and royalty-free license to view and use the Service and enter your Member Data into it. At this time, the Service is for use by Members in the United States of America only, and others may not use it.
- Our License to Use Member Data. You hereby grant us a non-exclusive, transferable, worldwide, fully paid-up and royalty-free license to view, use, make derivative works of and store Member Data that you provide to us, to the extent not prohibited by our Privacy Policy.
- Free Service
At this time, the Service is free for all users. In the future, if we charge a fee for the use of the Service, we may ask you to agree to a new Terms or an updated version of these Terms.
- Limitation of liability; Disclaimer of Warranties
We provide the Service “as is,” without any warranty of any kind. We and our employees, agents, independent contractors, officers, directors, successors and assigns will not be liable to any Member or to any other person for any damages (whether direct, indirect, special, incidental, consequential, punitive or other, in an action of contract, tort or otherwise) arising from the Service. The limitations and warranty provisions in these Terms are effective to the full extent permitted by law, and they will continue in effect after the termination of your participation in the Service.
- Indemnification
You will indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, relating to your violation of any of these Terms. You will bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information and access to you as we deem necessary.
- General
These Terms do not confer any rights or remedies on you or on any other party other than those expressly set forth here.
These Terms will be governed by the laws of Maine. Before taking any legal action against us, you will contact us in a good faith effort to resolve your dispute. If you do later take legal action, any such action will be resolved by binding arbitration conducted by a mutually agreed service in Maine. If we fail to reach agreement as to an arbitrator, either we or you may bring an action against the other in a court of competent jurisdiction in Maine.
The failure of either party to enforce any provisions of these Terms is not a waiver of the provisions or of the right of that party to subsequently enforce that provision or any other provision.
These Terms inure to the benefit of the parties’ successors and assigns. You may not assign or delegate any rights or duties that these Terms impose on you.
These Terms are the entire agreement between us and you about the Service. They replace any other prior oral or written agreements between us and you about the Service. If any provision of these Terms is held unenforceable, that provision will be struck and its striking will not affect the enforceability of any other provision.
