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Welcome to xPlanet! xPlanet provide their services to you subject to the following Terms. If you visit or shop at xPlanet.biz, you accept these Terms. These Terms are written deliberately in plain and simple English so that the meaning is clear - please interpret them literally and broadly.

YOUR ACCOUNT

You are responsible for your site account and password and you accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this site only with the permission of a parent or guardian. xPlanet, its affiliates and agents (collectively, "xPlanet", "we", "us" or "our") reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its discretion.

OUR PRODUCT DESCRIPTIONS

xPlanet attempts to accurately describe products, however, xPlanet does not warrant that the descriptions are current or error-free. If a product offered by xPlanet is not as described, your sole remedy is to return it in unused condition for a full refund.

OUR PRODUCT PRICING

We endeavor to fix favorable prices, but we reserve the right to state any price we deem reasonable. We cannot confirm the price of a product until you order; however, we do not charge your credit card until after we ship your order. If we discover a mispricing, we will do one of the following:

• If a product's correct price is lower than our stated price, we will charge the lower amount and ship you the product.
• If a product's correct price is higher than our stated price, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

This pricing policy applies only to products sold and shipped by xPlanet. Your purchases from other businesses using xPlanet.biz are charged at the time you place your order and those businesses may follow different policies in the event of a mispriced product.

PRODUCTS FROM OTHER BUSINESSES

Businesses other than xPlanet may provide products on this site. In addition, we may provide links to the sites of other businesses. We are not responsible for the actions and products of these businesses or the content of their sites. You should carefully review their terms of use.

RISK OF LOSS OF PRODUCTS

All products purchased from xPlanet are purchased pursuant to a "shipment contract". This means that the risk of loss and title for such products pass to you upon our delivery of the products to the carrier.

CONTENT SUBMITTED BY YOU

If xPlanet permits you to post content on the site, send it to other site visitors or submit it to xPlanet, you may do so only as long as the content is not illegal, obscene, or threatening, and does not contain viruses, commercial solicitations or mass mailings. You may not use a false e-mail address or otherwise mislead as to the origin of content. xPlanet may remove or edit this content but does not does not regularly review it and takes no responsibility for it. Your submission of this content constitutes a no cost, irrevocable license to xPlanet to use, copy, distribute, display and derive the content. You represent that the content is accurate, you have the rights to grant xPlanet this license and that you will indemnify xPlanet for any claims and losses against xPlanet in connection with the content.

OUR SITE CONTENT IS COPYRIGHTED

All content on this site, including digital, text, graphics, audio or video clips, downloads, code and software, is the property of xPlanet or other businesses and protected by copyright law.

USE OF OUR SITE CONTENT AND LINKING TO OUR SITE

xPlanet grants you a revocable license to view and store one copy of this site for personal use only. You may not use, store, copy, display, distribute or derive any of the content on this site for any other purpose without the express written consent of xPlanet LLC. We grant you a revocable right to create a hyperlink to the home page of this site so long as the link does not portray xPlanet in a derogatory manner.

OUR SITE TRADEMARKS AND PATENTS

"xPlanet", and many other marks, designs, graphics, logos, page headers, scripts on xPlanet.biz, are the intellectual property of xPlanet. xPlanet's property may not be used in connection with any product or service that is not xPlanet's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits xPlanet. Certain patents may also apply to this site and to the services accessible via this site.

INQUIRIES REGARDING COPYRIGHT INFRINGMENTS BY US

xPlanet respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide xPlanet's copyright agent the written information as specified below (this procedure is exclusively for notifying xPlanet that your copyrighted material has been infringed):

• A signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, or the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent xPlanet Legal Department Telephone: e-mail: copyright@xPlanet

LIMIT OF OUR RESPONSIBILITIES RELATED THE SITE

THIS SITE IS PROVIDED ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR PRODUCTS ON THIS SITE, INCLUDING, (I) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR (II) WARRANTIES THAT THIS SITE, ITS SERVERS, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XPLANET IS NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE.

OTHER SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site, such as our privacy and security policy. These policies also govern your visit to this site. We reserve the right to make changes to our site, policies and these Terms at any time. If any of these Terms will be deemed unenforceable for any reason, that term will be severed and will not affect the enforceability of any remaining terms.

DISPUTES AND APPLICABLE LAW

The laws of the state of New York, in the United States, without regard to principles of conflict of laws, will govern these Terms and any dispute that arises between you and xPlanet. Any dispute that arises between you and xPlanet will be submitted to confidential arbitration in New York, except that, to the extent you have in any manner threatened to violate xPlanet's intellectual property rights, xPlanet may seek relief in any court in the state of New York, and you consent to exclusive jurisdiction in such court. This arbitration will be conducted under the rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.