Terms of Use

Terms of Use all Planar Systems Websites

This Terms of Use Agreement (the “Agreement”) is between you, any company or business entity on whose behalf you are acting, and Planar Systems, Inc., its subsidiaries, and affiliates (collectively “Planar”) which own and operate Planar’s network of Web properties (collectively the “Planar Site”). By your use of the Planar Site you agree, without limitation or qualification, to be bound by, and comply with this and all future Agreements that govern use of the Planar Site. If you do not wish to be bound by the terms of this Agreement, please do not use this Web site. Your continued use of the Planar Site constitutes your affirmative consent to this Agreement.

Planar Content & User-Provided Content

The term “Planar Content” means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services posted on the Planar Site by Planar, except User-Provided Content. You agree that all Planar Content is the sole and exclusive property of Planar and its licensors who shall retain all right, title, and interest in and to it.

The term “User-Provided Content” means all information, text, messages, articles, photos, or other material provided by you or other users, whether publicly posted or privately transmitted. User-Provided Content is the sole responsibility of the person who provided it. You represent and warrant that you own or otherwise control all of the rights to the User-Provided Content that you submit to the Planar Site, and that you, or the owner of any such User-Provided Content, grant to Planar an unlimited, unrestricted right and license to use, republish, reproduce, modify or adapt it for any business purpose (except as limited by Planar’s Privacy Policy), and to the fullest extent legally permissible waive all moral rights in it.

Planar does not control, and is not responsible for, any User-Provided Content, nor does Planar guarantee its accuracy or integrity. Notwithstanding, Planar retains the unlimited right, at its sole discretion, to monitor any and all User-Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User-Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to User-Provided Content contributed by other users of the Planar Site which may be that is offensive and/or objectionable to you.

The Planar Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Planar Content on the Planar Site is protected by copyright, and is owned or controlled by Planar or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Planar Content or User-Provided Content on the Planar Site. You may not modify, publish, retransmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any Planar Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Planar Content.

To see Planar’s notice and take down procedure for copyright violations, read the Copyright Policy also on this page.

The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the Planar Site (“Trademarks”) are registered and unregistered trademarks of Planar and others. Except as provided in this Agreement or by written permission of Planar, you may not copy, imitate, or use the Trademarks.

Conduct Limitation

You agree not to attempt to access any of Planar’s systems, programs or data that are not made available for your use. You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the Planar Site either directly or indirectly any materials which: (i) restrict or inhibit any other user from using and enjoying the Planar Site; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise prohibited by law; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right; (v) contain a virus or other harmful component; (vi) contain any information, software or other material of a commercial nature; (vii) are unsolicited email (“Spam”); or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are more than thirteen (13) years old and have the approval of your parent or guardian to access Planar’s site, or are eighteen (18) years old or more. You specifically agree to comply with all local rules regarding online conduct and acceptable content.

Some features on the Planar Site require registration. By registering at, and in consideration of, your use of the Planar Site, you agree to provide true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. You may only maintain one active registration with Planar. By accepting this Agreement, you certify that you have no other registration(s) with Planar for the Planar Site.

Some features on the Planar Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, or User-Provided Content submitted, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password you agree to notify Planar immediately. Planar will assume that any communication it receives under your password has been made by you unless Planar receives notice otherwise.

You, or third parties, are not allowed to frame, deep link, inline link or otherwise share or connect the Planar Site with social media sites, or use Planar’s proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any Planar Content without Planar’s express written consent. Further, you may not utilize any Planar Content in any meta tags or any other “hidden text” techniques or technologies without Planar’s express written consent.

Purchasing Products or Services

Planar may make its products or services available for purchase from time to time through the Planar Site. Planar makes a conscientious effort to provide accurate information regarding the features, specifications, pricing, and availability of Planar’s products and services (“Product Information”). Occasionally, Product Information may contain typographical errors, inaccuracies, or omissions, and therefore, Planar cannot and does not guarantee the accuracy or completeness of Product Information. Planar reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice to you. All of Planar’s displays are measured diagonally; all display screen images contained in this database are simulated pictures unless otherwise indicated.

Product Information on the Planar Site does not constitute an offer to sell. Rather, Product Information is provided merely for advertising purposes. Your submission of an order to Planar constitutes an offer to purchase which, if accepted by Planar, shall be subject to Planar’s terms and conditions of sale. RECEIVING AN ORDER ACKNOWLEDGEMENT DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. PLANAR RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.

Changes & Termination

Planar may for any reason change, suspend, or discontinue any aspect of the Planar Site, this Agreement, Planar Content, or User-Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the Planar Site. Your use of the Planar Site after the time Changes are posted indicates your assent to the Changes. Planar may also impose limits on certain features and services or restrict your access to parts or all of the Planar Site without notice or liability. Your sole and exclusive remedy in the event of any of the foregoing will be to terminate your use of the Planar Site. Upon termination, you must immediately destroy any downloaded and/or printed Planar Content, and any installations thereof, which you have obtained from the Planar Site.

You agree that Planar may at any time, and at its sole discretion, terminate your use of the Planar Site without prior notice to you for violating any of the above provisions or for other reasons that Planar deems necessitate such termination, in Planar’s sole discretion. You agree that upon termination, Planar may delete all files and information related to your account and may bar access to your account and the Planar Site. You agree that Planar shall not be liable to you or any third party for any termination of your access to the Planar Site.

Indemnity

You agree to indemnify, defend, and hold harmless Planar, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of: (i) your use of User-Provided Content provided by others or Planar Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. Planar reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of Planar. You will use your best efforts to cooperate with Planar in the defense of any claim.

Disclaimer of Warranties

PLANAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTHFULNESS, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE PLANAR SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, PLANAR MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.

You agree that Planar will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the Planar Site. This includes, but is not limited to, loss or injury caused in whole or in part by Planar’s procuring, compiling, interpreting, reporting or delivering any portion of the Planar Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.

Disclaimer of Liability

You acknowledge that Planar will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Planar has been advised of the possibility of such damages), resulting from or related to the use or inability to use the Planar Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.

The Planar Site may contain links to, or be linked from, other non-Planar Web sites. Planar makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.

Governing Law

This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon (except with respect to its conflict of law provisions) as if the Agreement were a contract wholly entered into and wholly performed in Multnomah County, Oregon independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Multnomah County, Oregon, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.

Compliance with Export Control Laws

Some software, documentation, or technical information available on or through the Planar Site may be subject to U.S. or foreign export controls. By accessing, downloading, or using such software, documentation, or technical information you represent and warrant that you are in compliance with any such applicable laws and regulations. Planar makes no representation that materials on the Planar Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Trademark

Planar® is a registered trademark of Planar Systems, Inc. in the United States and other countries. All other trademarks are property of their respective owners.

Miscellaneous

This Agreement constitutes the entire agreement between Planar and you with respect to your use of the Planar Site. Any cause of action you may have with respect to your use of the Planar Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement which impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to Planar. The failure of Planar to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

Company Contact Information

If you have any questions or comments regarding the Planar Site or its contents, please contact us by email at webmaster@planar.com or by regular mail at:

Planar Systems, Inc.
Attn: Webmaster
1195 NE Compton Way
Beaverton, OR 97006
USA

BY USING OR REGISTERING TO BECOME A USER OF THE PLANAR SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

 

By Internet: planar.com or webmaster@planar.com