Planet Giant

Customer Support

Customer Service Hours:
Monday - Friday
8am - 5pm CST

Toll Free:
877.797.7717

Wholesale Support:
832.216.1956

E-mail:
customerservice@planetgiant.com

Terms & Conditions

Please read these terms of use carefully before using this web site.

If you continue to browse or use this website (“Web Site”), you are agreeing to comply with and be bound by the following Terms of Use, which together with our Copyright Notice and Privacy Policy govern your relationship with Planet GIANT, L.L.C. (“Planet GIANT”) as it pertains to this Web Site. Nothing herein shall alter in any way the terms or conditions of any other agreement you may have with Planet GIANT, its subsidiaries or affiliates. Planet GIANT may revise and update these Terms of Use at any time. Your continued usage of the Web Site constitutes your acceptance of those changes.
The content of the Web Site, such as text, graphics, images and other material contained on the Web Site shall hereinafter be referred to as the "Content". The term 'Planet GIANT' or 'us' or 'we' refers to Planet GIANT, L.L.C. The term ‘you’ refers to the user or viewer of our Web site.

Privacy Policy

Planet GIANT understands how important the privacy of personal information is to our users. For complete information on our policy regarding the protection of your personal information, please see our Privacy Policy.

Use and Ownership of the Web Site and its Content

Planet GIANT owns and operates this Web Site. All of the Content of this Web Site is owned by or licensed to Planet GIANT and is made available for use by Planet GIANT customers. Accordingly, any use of this Web Site or its Content is limited to your business with Planet GIANT and is subject to all applicable United States and international laws. The Web Site and any portion of its Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose. You may not frame or utilize framing techniques to enclose any page, trademark, logo or any other proprietary information (including images, text, page layout, or form) of the Web Site, Content and/or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our Content, name or trademarks without our express written consent. Your use of this Web Site represents that you will not use this Web Site or its Content in any way other than for its intended, authorized purpose and that you will comply with any and all applicable laws and regulations. You are solely responsible for determining whether your use requires any additional third-party authorization.
Additionally, in order to protect Planet GIANT and its licensors and to prevent unauthorized use of Content, Content may be watermarked in such a way to permit the tracking of Content obtained from the Web Site. Your use of the Web Site constitutes your consent to Planet GIANT’s employment of such tracking techniques and your agreement that you will not disable any such technology.

Purchase Agreement

Any sale or purchase of merchandise utilizing our Web Site shall be subject to the terms and conditions of the applicable Purchase Agreement. For more information, please see our Terms of Purchase.

Passwords and Account Security

Planet GIANT has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Planet GIANT passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor and control access to and use of your Planet GIANT account and password; (3) provide accurate, current and complete information on your account; and (4) promptly inform Planet GIANT of any need to deactivate a password or account. You grant Planet GIANT and all other persons or entities involved in the operation of the Web Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Web Site. Planet GIANT cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Web Site and services.

Posted and Offered Content

Planet GIANT allows users to upload personal images for customized products. By using this Web Site, you agree that you are responsible for all Content uploaded under your account. Planet GIANT assumes no liability for any Content uploaded by you or any other third-party. Planet GIANT may refuse to fulfill any order in its sole and absolute discretion for reasons that include, but are not limited to: using Content that is threatening, pornographic, obscene, profane, violent, defamatory, offensive, or harassing.
Planet GIANT is not obligated to screen or monitor any of the Content of the Web Site for any purpose. However, if Planet GIANT becomes aware of or has reason to believe that you are violating the Terms of Use contained herein, Planet GIANT may take any one or more of the following actions at its sole discretion: (a) Remove and/or delete any image, data or other information that Planet GIANT believes is in violation or nonconformity with the terms hereof; (b) Suspend and/or terminate your status as a user and/or subscriber with the Web Site and/or its services and (c) Pursue any other remedy or relief available under equity or law. In the event that Planet GIANT elects to take any of the actions set forth in (a) or (b) above, you will have no right to receive any refund of fees or payments and Planet GIANT will have no obligation to return such image(s). Planet GIANT is free to use any and all Content posted to the Web Site in any manner in its sole and absolute discretion at no cost to Planet GIANT.
BY USING THIS WEB SITE, YOU HEREBY CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST THE OWNER AND/OR WEB SITE FOR SUCH REMOVAL AND/OR DELETION.

Termination

You acknowledge and agree to Planet GIANT's right to terminate your account and/or to block your access to the Web Site without notice at its sole discretion. Termination of your access to and use of the Web Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Planet GIANT, including all indemnification obligations contained herein.

Indemnity

You agree to defend, indemnify, and hold Planet GIANT, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, your use or modification of any Content, your failure to obtain necessary authorization from third parties to use Content and any claims arising out of Content you supply to the Web Site.

Limited Warranty/Disclaimer

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PLANET GIANT EXPRESSLY DISCLAIMS 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. PLANET GIANT MAKES NO WARRANTY THAT (i) THE WEB SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE WEB SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) AS TO ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION, ALTHOUGH OUR CURRENT PRACTICE IS TO UTILIZE REASONABLE EFFORTS TO MAINTAIN SUCH CONFIDENTIALITY, OR (iv) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. PLANET GIANT MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO WEB SITE, CONTENT, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE WEB SITE OR THAT ARE ADVERTISED ON THE WEB SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, PLANET GIANT WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE WEB SITE, CONTENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITE RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE WEB SITE (v) PERSONAL INJURY OR (vi) ANY OTHER MATTER RELATING TO THE WEB SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PLANET GIANTS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Links to Other Sites

From time to time this Web Site may provide links to third-party web sites. These links do not signify that Planet GIANT recommends or endorses the content on any third-party websites. Planet GIANT is not responsible for the content of linked third-party sites or third-party advertisements. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. Additionally, Planet GIANT does not endorse any product advertised on the Planet GIANT Web Site.

Minors

The Web Site is intended for use only by persons 13 years of age or older. If you are under 13, you may only purchase items or subscribe to Planet GIANT with the involvement and express consent of a parent or guardian.

Electronic Communications

When you visit the Web Site or send emails to us, you are communicating with us electronically and thereby consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on our Web Site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.

Jurisdiction and Law

Use of this Web Site shall be construed and interpreted pursuant to the laws of the State of Arkansas and the United States, and the parties hereto submit and consent to the jurisdiction of the courts of the State of Arkansas including Federal Courts located therein, in any action brought for any dispute with Planet GIANT, or in any way relating to your use of the Web Site. Notwithstanding the preceding sentence, nothing contained in these Terms of Use shall preclude Planet GIANT from bringing an action in any appropriate forum to enforce the terms and provisions of this Agreement. You hereby consent to the exclusive jurisdiction of any State or Federal court empowered to enforce this Agreement in the State of Arkansas and waive any objection thereto on the basis of personal jurisdiction, venue or choice of law.

Complete Agreement

These Terms of Use, Copyright Notice and Privacy Policy constitute the entire agreement between you and Planet GIANT with respect to the use of the Web Site, and Content.

Miscellaneous

If any portion of these Terms of Use is held to be invalid or unenforceable, its invalidity will not affect the validity or enforceability of any other provision of this Agreement.