This Linking Agreement ("Agreement") is made and entered into by and between Planet Media, Inc. ("Owner"); and any person ("User") who accesses, makes a connection to or facilitates any other person's access to any of the information, content or ads displayed, linked, downloaded or accessed from Owner's web site at User agrees that the Site, including, without limitation, all content, text, images, software, media and other materials therein, is proprietary to or licensed by Owner, protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent of Owner.
Subject to the terms of this Agreement, Owner grants User a non-exclusive, limited, revocable and royalty-free license to provide a hypertext reference link ("Link") to the initial, top level display of the Site, as identified by the following Uniform Resource Locator ("URL"): User shall not: (a) display or use a Link in a manner that causes the Site or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of the Site, or otherwise incorporate Site content into a third-party web site; (b) display or use an in line link to any information file contained in the Site; (c) alter, block or otherwise prevent display of any content of the Site; (d) link to the Site through any other URL or mirrored site; and/or (e) link to the Site if, to a reasonable person, User's site may be obscene, defamatory, harassing, grossly offensive, or malicious.
Owner grants User a non-exclusive, limited, revocable license to use the name and logo of Owner solely for the purpose of creating and describing the Link. User shall properly and accurately display Owner's name and logo in connection with any display and description of Link visible on User's site.
The term of this Agreement shall be for twelve (12) months. User may terminate this Agreement at any time upon ten (10) days prior written notice to Owner. Owner reserves the right to terminate this Agreement at any time, without notice, for any reason whatsoever. Upon termination, User shall immediately: (a) discontinue or disable the Link; (b) remove the Link and Owner's name and logo from User's web site; and (c) destroy any copies of data from the Site in User's possession, custody or control. Owner reserves the right to terminate this Agreement with respect to any specific User or group of Users at any time, without notice, for any reason whatsoever. Owner shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. User's Link, and any access to, link to or use of the Site shall be deemed to constitute acceptance of such amended terms.
This Agreement shall be governed by the laws of the Commonwealth of Virginia and the United States without reference to conflicts of laws. User agrees that any controversy or claim arising out of or relating to this Agreement, other than requests for injunctive relief, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The definitions of Owner, User, Site, Link, and the provisions of Sections 5 and 6 shall survive any termination or expiration of this Agreement.
Proprietary Rights
Linking License
Limitations
Marks
Term and Amendment
Law and Dispute Resolution