Website Terms of Service

Last Updated 12/27/2021

PlanetScale, Inc. ("PlanetScale ", "we", "us" or "our") appreciates you visiting our website (“Site”). Please read these Website Terms of Use (“Terms”) carefully before using the Site. By using this Site, you are agreeing to Terms. If you do not accept these Terms, do not use the Site. We may modify all or any part of these Terms from time to time without notice to you; you should check back regularly for the most up-to-date version and so you are aware of your current rights and responsibilities. Your continued use of this Site after changes to the Terms have been published constitutes your binding acceptance of the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of this Site.

Product, Services and Software Use

Any product (Product), services (“Services”) or software ("Software") that is accessible from this Site or otherwise made available to you to download from this Site is the copyrighted work of PlanetScale and/or third parties. Your use of the Product, Services and Software is governed by the terms of the service or license agreement which is presented in connection with the Services or included with the Software ("License Agreement"). Your rights and obligations related to the Services or Software is solely as set forth in the Agreement

Trademarks

The trademarks, trade names, logos and service marks, and the design, structure, selection, coordination, expression, "look and feel" and arrangement of such features contained on the Site ("Brand Features") are owned, controlled or licensed by or to PlanetScale, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are not permitted to use these Brand Features without the prior written consent of PlanetScale or such third party which may own the Brand Feature.

Site Materials

PlanetScale strictly prohibits the redistribution or copying of any part of this Site or content on this Site without written permission from PlanetScale. PlanetScale either owns the intellectual property rights in the HTML, text, images audio, video, software, or other content that is made available on this Site, or has obtained the permission of the owner of the intellectual property to make it available on this Site. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Submission of Ideas

PlanetScale or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when PlanetScale products or marketing strategies might seem similar to ideas submitted to PlanetScale. Please do not send your unsolicited ideas to PlanetScale or anyone at PlanetScale. If despite our request that you not send us your ideas and materials, you still send them, please understand PlanetScale makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Your Obligations

Your use of this Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this Site is a violation of criminal and civil laws. PlanetScale reserves the right to seek damages from any such person to the fullest extent permitted by law.

You may not post or transmit through this Site:

advertising or commercial solicitations, promotional materials relating to Site, or online services which are competitive with PlanetScale or this Site; or
materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this Site or its contents.

You may not harvest or collect information about Site visitors without their express written consent.

In addition, you agree not to post or transmit through this Site

any material or content that violates or infringes in any way the rights of others or solicits,
encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, or otherwise objectionable, or
gives rise to civil or criminal liability or otherwise violates any applicable law.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Monitoring

PlanetScale has the right, but not the obligation, to monitor the content of this Site to ensure compliance with these Terms. We may in our sole discretion edit, refuse to post or remove any material submitted to or posted on this Site that we find to be in violation of these Terms. You are solely responsible for any information you post, transmit or otherwise make available on this Site. You acknowledge and agree that PlanetScale does not have any liability for any action or inaction with respect to any conduct, communication, or posting on this Site.

Rights in Content

You grant to PlanetScale a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials ("Content") which you submit, post or display on or through the Site. You agree that this license includes a right for PlanetScale to make such Content available to other companies, organizations or individuals with whom PlanetScale has relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that PlanetScale may (a) transmit or distribute your Content over various public networks and in various media, and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit PlanetScale to take these actions. You confirm and warrant to PlanetScale that you have all the rights, power, and authority necessary to grant the above license.

Export Control

By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. PlanetScale makes no claim that content contained on this Site is appropriate or may be downloaded outside the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification

You agree to indemnify and hold PlanetScale, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PlanetScale by any third party due to or arising out of or in connection with your use of the Site.

Disclaimer

THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. PLANETSCALE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS SITE OR ANY CONTENT. PLANETSCALE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLANETSCALE MAKES NO WARRANTY THAT, (I) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED, OR THAT THIS SITE, ITS CONTENT, AND THE SERVER ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY PLANETSCALE AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PLANETSCALE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF PLANETSCALE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

NOTWITHSTANDING ANY OTHER CLAUSE IN THIS AGREEMENT, PLANETSCALE AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY PLANETSCALE IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS (US $100.00). THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THESE TERMS BETWEEN PLANETSCALE AND YOU. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Privacy

The PlanetScale Privacy Policy describes our policies and procedures on the collection use and disclosure of your personally identifiable information. Actions

PlanetScale may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights, Brand Features, or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud prevention and protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of PlanetScale, its employees, users of or visitors to the Site, and the public.

Jurisdiction

This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the State of California, U.S.A. without regard to choice of law provisions. Each party agrees that any claim or cause of action arising under or relating to this Agreement will be brought in a court of competent jurisdiction located in San Francisco, California and each party irrevocably consents to such personal jurisdiction and waives all objections thereto. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

PlanetScale administers and operates the Site from its location in San Francisco, California, U.S.A. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Linking

This Site contains links to other sites and resources and are provided for convenience only. PlanetScale has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a third party websites does not imply endorsement by PlanetScale of the website or their entities, products or services.

Notice and Procedure for Making Claims of Copyright Infringement

We take the intellectual property rights of others seriously and require that our customers, Site visitors, and users of our products and services do the same. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented for our products and services. If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through our Site or our products or services, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action:

A description of the copyrighted work that you claim is being infringed;
A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
Your address, telephone number, and email address;
The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Our designated copyright agent to receive such claims can be reached as follows:

Preferred and quickest method, by email: dmca@planetscale.com

By mail:

Copyright Agent
Care of PlanetScale, Inc.
535 Mission St.
San Francisco, CA, 94015 United States

This process does not limit our ability to pursue any other remedies we may have to address suspected infringement. We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.