OGPlanet.com - It's Your World

I. Registered Member User Agreement

Welcome to OGPlanet.com! We are glad you have decided to join our community. We look forward to your involvement with our sites and services. Before you begin delving into the vast services and content available on our sites, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You," "Your," "Member," or "User") and Gamefactory, Inc. It is important that you understand both the benefits we provide, as well as our limitations.

This Agreement applies to the websites owned by Gamefactory, Inc. (referred to hereinafter as either "OGPlanet," or "Online Gaming Planet") including, but not limited to ogplanet.com, rumblefighter.com, bbtanks.com, and the entire OGPlanet Network, including all sites (collectively, the "Sites"). This agreement also applies to the various services offered, including but not limited to Game Tools, Astros, Rumble Fighter, CABAL Online, La Tale, and any other services that may be added (collectively, the "Services"). While the Sites each offer a different combination of services and tools from one site to another, this agreement reflects our approach to memberships across our Sites and Services.

1. Acceptance of Agreement:
When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms") at any time at: http://www.ogplanet.com. Your continued use of our Services signifies your binding acceptance of the changes. This Agreement will always be available on this site for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Subscription Service and stop using the Services provided by OGPlanet and ogplanet.com.
We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. The links to any third-party site or service are provided solely as a convenience to our visitors. Such third-party linked sites are not under OGPlanet control and OGPlanet is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.

2. Children:
OGPlanet Sites and Services are not directed to children under the age of 13. OGPlanet Sites and Services will not knowingly collect personally identifiable information from anyone under 13.
Note to Parents. If you have any concerns about OGPlanet Sites or Services, please contact us via email at info@ogplanet.com.

3. About Our Services:
A). OGPlanet Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through OGPlanet Sites and Services. Some Services offered by OGPlanet are provided free of charge. It is possible that this could change in the future.
B). Service Limitations. We will do our best to make your experience with the OGPlanet Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that OGPlanet Sites and Services, including the services of our third-party service providers, are provided "AS IS." OGPlanet Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation. OGPlanet reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that OGPlanet will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.
D). Privacy Policy. OGPlanet respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.

4. "Rules of the Road":
For the benefit of the entire OGPlanet community, and to comply with applicable laws, we have a few mandatory guidelines that we call "Rules of the Road." We hope you will find them reasonable. Please understand that any conduct that is judged by OGPlanet, in its sole and unfettered discretion, to violate the Rules of the Road is grounds for immediate termination of your account without any form of refund or reparation. For this reason, we ask that you carefully read and follow them.
A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in OGPlanet Sites and Services registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
B). Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify OGPlanet immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify OGPlanet of the problem.
C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
D). Content Restrictions. OGPlanet Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of OGPlanet Sites and Services are protected by international copyright and Trademark laws. The copying, publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on OGPlanet Sites and Services is strictly prohibited without the prior written permission of OGPlanet. Content that is publicly available on OGPlanet Sites and Service may not be stored in a computer, except for personal and non-commercial use.
E). Limits on Uses of User Information. By using any OGPlanet Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any websites owned by OGPlanet, including but not limited to any Commercial Purpose. "Commercial Purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to OGPlanet users. OGPlanet reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any OGPlanet account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to OGPlanet on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
F). Consolidated Sites. OGPlanet users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your OGPlanet accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. OGPlanet is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.

5. Rights You Grant to the OGPlanet Sites:
A). Distributing Content You Produce. Subject to OGPlanet Privacy Policy, you are licensing to the OGPlanet Sites and Services any "content" you provide through or to OGPlanet Sites and Services. User submitted content includes but is not limited to: letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and testimonials; and poll votes. OGPlanet Sites and Services may modify, display, distribute and create new material using such content on OGPlanet Sites and Services for the promotion and marketing of our Services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, OGPlanet Sites and Services and anyone it permits may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit a game FAQ, text guide, walkthrough or image, it is considered your original and copyrighted work and you are licensing the content to OGPlanet for publication. We may modify the format and display of the work. It may be distributed across OGPlanet Sites and Services for promotion and marketing of our Services and operation of our system.
B). Account Access. In order to ensure that the OGPlanet Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that OGPlanet employees have access to your account and records as reasonably needed to investigate complaints.
C). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by OGPlanet, OGPlanet may transfer your personally identifiable information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.

6. Other Legal Stuff:
A). Disclaimer of Warranties. You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. OGPlanet and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
OGPlanet makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from OGPlanet Sites and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in this Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
B). No Endorsement of User Content. You acknowledge and agree that OGPlanet Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that OGPlanet Sites and Services do not pre-screen any user posted content, but that OGPlanet and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits OGPlanet Sites and receives information or uses OGPlanet Services.
C). Limitation of Liability. You agree that the OGPlanet will not be liable to you for any harms, which lawyers and courts often call 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 the OGPlanet Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the Service; or (v) Any other matter relating to the Service. If, notwithstanding the other provisions of this Agreement, OGPlanet is found to be liable to you for any damage or loss which arises out of or is any way connected to your use of the Sites or Services, OGPlanet liability shall in no event exceed the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against OGPlanet
D). Indemnification. You agree to protect and fully compensate OGPlanet Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E). Copyright Infringement. OGPlanet respects the intellectual property of others, and we ask our users to do the same. OGPlanet may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
OGPlanet rights under this Agreement may not be waived unless OGPlanet agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with OGPlanet prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this Agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This Agreement is the entire understanding between you and OGPlanet Sites and Services.
F). Void Where Prohibited. Any aspect of the Services which is prohibited by applicable law is void in the jurisdiction where that law applies.

II. Subscription Terms of Service
OGPlanet RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY OGPlanet, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT OGPlanet Sites and Services. OGPlanet MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Subscription Service. Again, canceling will immediately terminate access to your account and OGPlanet will not refund the remaining portion of your subscription. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. OGPlanet IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY EMAIL, FAX, OR LETTER OR ON THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT OGPlanet SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 7th DAY OF SUCH OCCURANCE OR LACK THEREOF.
There shall be no refunds, except in demonstrated cases of credit card fraud or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund OGPlanet incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a restocking fee as follows:
Subscriptions: $9.95 restocking fee charged
Digital Retail: 10% of the purchase price charged
Refunds will only be granted on Visa and MasterCard purchases (except those due to demonstrated instances of credit card fraud) if the user has not made any transactions with the acquired Astros. If any Astros that were acquired in the purchase to be refunded have been spent, no refund will be given.

1. Termination of Your Subscription:
You may terminate your subscription at any time. When you terminate your account, you will be terminated immediately, without refund. You acknowledge that OGPlanet, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if OGPlanet believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any OGPlanet User Agreements. OGPlanet may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that OGPlanet may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that OGPlanet shall not be liable to you or any third-party for any termination of your access to the Service. YOU AGREE AND ACKNOWLEDGE THAT OGPlanet SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 7th DAY OF SUCH OCCURANCE OR LACK THEREOF.

2. Subscriber Information:
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform OGPlanet of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until OGPlanet is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.

3. Access:
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of Services is through a combination of an ID and a password. You must keep your password strictly confidential. OGPlanet will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

4. Warranty:
No warranty is made by OGPlanet regarding any information, services, or products provided through or in connection with Services, and OGPlanet hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.

5. Limitations of Liability:
YOU HEREBY AGREE THAT OGPlanet WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT DURING THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST OGPLANET

6. Use Restriction:
The material on OGPlanet Sites and Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. OGPlanet spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from OGPlanet Sites or Services, without express written permission from OGPlanet You agree that if you do so, OGPlanet reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

7. Modifications:
This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability. YOU AGREE AND ACKNOWLEDGE THAT OGPlanet SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 7th DAY OF SUCH OCCURANCE OR LACK THEREOF.

8. Notices:
Notices by OGPlanet to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.

9. The Agreement:
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. OGPlanet expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and OGPlanet with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and OGPlanet with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. Communities:
A) When you register for the Community Boards/User Pages (the "Boards" or “Forums"), you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a message board, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
4. Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Advertise or offer to sell any goods or services for any commercial purpose.
6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
7. Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
8. Restrict or inhibit any other user from using and enjoying the message boards.
9. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
B) Message Board/User Page termination. OGPlanet and its affiliates reserve the right to terminate your access without refund to any or all of the Boards or your User Page at any time without notice for any reason whatsoever.
C) Monitoring. OGPlanet and its affiliates have no obligation to monitor the Boards or the content posted on any User Page. However, OGPlanet and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in OGPlanet's or any of its affiliates' sole discretion.
D) Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages are done so at your own risk. OGPlanet is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. OGPlanet and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, OGPlanet and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. Board managers and hosts are not authorized spokespersons of OGPlanet or any of its affiliates, and their views do not necessarily reflect those of OGPlanet and its affiliates. They do, however, set standards on their own forums.
By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through OGPlanet, its Boards or User Pages, you are granting OGPlanet and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

11. Downloads:
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and OGPlanet will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the OGPlanet Sites and Services or our third party service providers will create any warranty not expressly stated. OGPlanet makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in OGPlanet or third party software will be corrected.
No material will be sent to you via email or postal service. Our service is provided online only and failure to obtain your download will not be exchanged for tangible goods or sent via email.

12. The parties have agreed that this Agreement shall be written in English:
Direct Questions or Notices to OGPlanet as follows:

OGPlanet
214 Main St. #348
El Segundo, CA 90245
Email: info@ogplanet.com

Last updated: February 25, 2009