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ANY PERSON OR ENTITY (”User” or “You”) USING OR OTHERWISE ACCESSING THE PLATFORM AT www.planet.fans. (“Platform”) OR THE APP KNOWN AS “PLANET.FANS” (“App”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE PLATFORM OR THE APP (TOGETHER THE “Platform”) MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS PLATFORM USER AGREEMENT (”Agreement”).
1. Contracting parties. The Platform and all content, data and other materials contained on the Platform (“Content”) are owned or controlled by Planet 101 Ltd, a company incorporated in England with its registered office at Castle House, Castle Street, Guildford GU1 3UW, UK (“we” or “our” or “Planet”). When you register with (or otherwise access) the Platform, you are contracting with Planet You must be at least 14 years old to register with the Platform (and, if you are under 18, you should obtain the permission of your parent/guardian before you register).
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Platform or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Platform, and; to not create additional registration accounts for the purpose of abusing the functionality of the Platform or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via [email protected] and we will close your account as quickly as possible. Please note that you will be responsible to Planet and to others for all activity that occurs under your registration account.
3. The Planet Platform. Planet is an online service which offers direct artist-to-fan ticketing and related services (“Service”). The Service is available for free to browse subject to this Agreement and the terms posted on the Platform from time to time. Both Primary (original issuance) and Resale (exchange) tickets are available for purchase via the Service, and different terms may apply to each as detailed below.
4. Tickets (Licence to Attend).Each ticket that you purchase from the Service (whether a Primary or Resale ticket and including digital tickets delivered through Tixserve our (Digital) method of delivery) is a revocable licence to attend a particular event (“Licence”) and is subject to the terms of this Platform User Agreement, as well as any specific terms and conditions applicable to the particular event (as posted on the Platform from time to time and/or made available at such event).
5. Payments. Payments may be made by credit/debit card using Visa or MasterCard (and other payment methods offered from time to time as detailed on the Platform). All transactions are charged on a pre-authorised basis. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to your and that there are sufficient funds or credit available to cover the preauthorised charges and at the point the card is charged. Please note that international payments and certain payment methods may incur higher payment processing costs. ALL PURCHASES ARE NON-REFUNDABLE AND CANNOT BE CANCELLED. See below for additional terms related to purchases.
6. Order Confirmation. Planet normally sends a summary of your entry into the draw and or purchase to the email address provided during registration. You should also receive a confirmation after your purchase is confirmed. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, contact Customer Service immediately [email protected] to ensure your transaction was completed and that your information is correct. The Service shall not be responsible for transactions not completed or for assumptions that a transaction was completed even though you did not receive a confirmation. Please note that orders are processed only after a billing address, and/or other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In such cases, Customer Service will attempt to contact you using the information provided at the time of purchase. If Customer Service is unable to reach you after an initial attempt, the Service may cancel your order and release your tickets without further notice or attempted notice to you. Information sent to the email address you provide shall be deemed as delivered to you, regardless of whether you check your email, provide an incorrect address, or if the message is marked as “spam.”
7. Resale of Licence(s). We permit the transfer and resale of tickets using only the Planet marketplace on the Platform. Planet is not a seller or reseller of resale tickets and instead acts only on the seller’s behalf when offering resale tickets via the Platform. Planet does not act for the buyer. If you sell or transfer tickets, you are responsible for ensuring that your transactions do not violate any applicable law. Additionally, you agree to comply with these conditions and all applicable laws, statutes, ordinances and regulations regarding the use of the Service, listing of tickets for sale, solicitation of offers for purchase and the resell of tickets and acknowledge that your first and last name, will be displayed when listing tickets for resale as law requires. You also agree that you are responsible, (as a seller of tickets) for paying all applicable taxes associated with your sale of tickets via the Platform. Planet complies with any obligation it may have to provide information to tax or other compliance authorities, including with respect to anti-fraud and/or anti-money laundering efforts.
8. Ticket Purchases (General). The ticket holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labour disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency). Event dates and times are subject to change. When reviewing and/or purchasing tickets, you may be linked to a third-party site, which is not affiliated with the Service. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEBSITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please review the terms and conditions on such third party sites. On payment in full, you shall be entitled to the tickets selected by you and you shall have no liability to the seller. If you decide to purchase merchandise, parking or other rights, you agree to pay, in addition to the price for the tickets or other items, other fees and charges that we impose, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You agree to pay any and all applicable taxes. As a seller of tickets you agree that we may receive payment from the buyer in respect of such fees and charges. We reserve the right to reject or cancel any purchase at any time if we suspect fraud or any other issues with payment or suspicious account activity.
9. Ticket Purchase (Primary). Unless otherwise stated as part of the purchase, any Primary tickets purchased on the Service are typically subject to a per-ticket convenience charge and a per order processing and/or delivery fee. Depending on the venue, facility service charges may also apply. You may be able to avoid certain charges by purchasing tickets directly from the venue’s box office. In most instances, tickets delivered via digital delivery will not incur a delivery charge. We may also impose other fees and charges including charges for issuance, convenience, handling, processing, shipping, delivery (such as charges for courier delivery) and any other miscellaneous charges assessed by us represent, without limitation, the costs we incur in providing our goods and services to you. All fees and charges relating to your transaction will be disclosed to you during the purchase process.
10. Purchases – Resale. If you are purchasing a Resale ticket, there may be additional buyer, transfer, and/or logistics fees and charges. Such fees and charges may vary by event and venue. We reserve the right to increase or decrease this fee at any time without notice. If you are purchasing a Resale ticket, you will be entering into a contract with the seller of the Resale ticket for the transfer of the Resale ticket. We do not review, nor do we warrant or guarantee, the accuracy of any information provided by Resale sellers of tickets in the seller comments areas of any ticket listings (if any). You should base your purchase decision solely on the information indicated on the relevant page, including Row and Seat Number, seller name, and the unique ticket reference number provided. You are solely responsible for making a purchase, based on the information provided on the Platform. We do not have any legal authority to complete a purchase on your behalf, and do not act as your agent. By providing payment details and clicking “buy now”, you are agreeing for us to debit or authorise payment for the Right(s) via the payment method provided. You are urged to review all pages displayed during your completion of a purchase. All fees and charges relating to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event and Right(s) relating to such event prior to completing your purchase.
11. Ticket Sales. You are prohibited from selling or offering for sale your Right(s) through any other publicly-available marketplace, unless such marketplace is an authorised partner of Planet. Any use of the Platform to facilitate the sale of Right(s) through another unconnected marketplace may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on the Platform; (ii) a charge of our sales fee (defined below), calculated with respect to the full sales price of such Right(s) sold or transferred, assessed against the seller/transferor of such Right(s) (such sales fee will be charged to the credit card on file for the seller/transferor twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor’s licence to use the Platform; and (iv) revocation of such sold or transferred Right(s) by the event/venue. Planet seller fees may vary by event and venue. Please consult the seller fee information found within each event page. Our sales fee (defined within each event) will be assessed against you as the seller of any Right(s) that are sold or offered for sale, as well as any applicable VAT, both of which will be deducted from the transaction amount due to you. At the time of the sale, you will receive information on how the proceeds due to you from any sale transaction will be submitted, including options of various methods if such options are available. We may also impose fees and charges payable by the buyer, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You, as seller, consent to Planet receiving payment in respect of such fees and charges from the buyer.
12. Ticket Sales – Primary. We act on behalf of a seller only when selling Primary tickets. This means that the artist, event promoters and/or venues have given us authority to conclude a sale of tickets to a buyer for the tickets that they have chosen to list for sale.
13. Ticket Sales – Resale. We act on your behalf, as seller only when reselling Resale tickets. This means that you agree that we will have authority to conclude a sale of the tickets to a buyer on your behalf once you have told us to list the tickets for resale. You will also be entering into a separate contract with the buyer of the tickets to transfer the tickets to them.
14. Ticket Transfers. Transfer fees may vary by event and venue. Please consult the seller fee schedule found within each event terms and conditions. Our purchase fees may apply to you if you (as a transferee) are receiving tickets pursuant to a sale of such tickets through another publicly-available marketplace. Our sales fee (defined within each event and venue’s branded area) will be assessed against the seller/transferor of any tickets that are sold or offered for sale on another publicly available marketplace. Our fees will be charged as provided to the relevant credit and/or debit card on file for the transferor and/or transferee. Please note that the ticket holder may be required to show identification at the event.
15. Restrictions. All scheduled actions (including, without limitation, purchases and listing expirations) will be processed approximately at the date and time specified as indicated by the Planet system clock. You acknowledge and accept that actual processing time may vary by seconds or in unusual cases, by minutes, from the exact time specified. Our system will automatically complete a sale if it receives any valid offer to purchase for any listing that remains in effect and available for purchase. Listings will be deemed to be in effect from the time our system processes the listing action until the earlier of: (i) the time our system processes the expiration or withdrawal of the listing; or (ii) the time our system completes the processing of a retraction action for that listing. Listings are not considered retracted until they have been processed and a system confirmation has been issued.
Limitations on Transfer or Resale
Your ability and/or right to transfer or re-sell tickets purchased may vary. Please read the ticket description and information for each event carefully, as any such restrictions on transfer or re-sale will be included in the description of the ticket.
Right to Cancel Primary or Resale Transaction
In certain circumstances, we have the right to cancel a transaction without notice and return the tickets to the event promoter or venue, or the person who held the tickets prior to the completion of the transaction. Such circumstances include, without limitation, the following:
- If a venue revokes any tickets, Primary and Resale listings concerning such tickets will be cancelled;
- If an event is cancelled (without being rescheduled), listings for tickets to such event will be terminated;
- If buyer’s payment method company (including credit, debit, or digital payment processor) does not remit payment, the transaction will be cancelled;
- If we suspect, in our sole discretion, fraudulent or other illegal activity (whether from the buyer or seller of any transaction);
- If we suspect, in our sole discretion, unauthorised or fraudulent use of a seller or buyer’s account with us;
- If a buyer, seller or transferee breaches the terms of this Agreement, we may, in our discretion, cancel any listing, transfer and/or pending transaction associated with such buyer, seller or transferee;
- If we deem, in our sole discretion, that a listing, request, transfer and/or transaction is unlawful, this Agreement or the terms and conditions or other rules of the subject venue, we may cancel such listing, transfer and/or transaction;
- If the tickets and/or parking rights to an event are limited as described in “Limits on Tickets and Parking Rights”, and you have already purchased the number of tickets and/or parking rights allowed to be purchased per person, we may cancel any pending transactions relating to similar ticket or parking right;
- If there is an error in the pricing of a ticket or when a ticket is offered for sale through the Platform, we may cancel the relevant listing, transfer and/or transaction;
- If we cancel a transaction because the buyer fails to remit payment for any reason, we are obligated only to return the tickets associated with such cancelled transaction to the seller.
In these instances and as part of the cancellation of any transaction, Planet may process a reversal of a prior funds transfer made to the seller or charge the credit card on file for such seller and/or cancel a pending transaction, whether for Resale or Primary tickets. Please note that any refunds processed as a result of cancellation shall not include service fees, processing fees or facility fees which are all non-refundable.
Please note that tickets purchased via the Platform may not be used for any advertising or promotion purposes, or used as a contest prize without the prior written permission of the event producer. We reserve the right to cancel accounts or refuse to sell tickets to any individual who has engaged in the sale of counterfeit tickets or the unlawful re-sale of or unauthorised promotional use of tickets
16. Refunds, Exchanges and Cancellations. Please review your tickets carefully, including date and location of the event and your seat selection, before completing your transaction. Unless otherwise stated herein, tickets cannot be exchanged or refunded even if lost, stolen, damaged or destroyed. We (and designated personnel of the venues associated with an event, event producers and/or event promoters) are authorised to perform any action on your behalf that you could otherwise perform if instructed by someone in possession of your account authorisation information. You agree that we may perform these actions, including, without limitation, addition or correction of account profile information, addition of additional forms of electronic identification to your account, transferring Right(s) to others, listing Right(s) for sale, and/or purchasing Right(s). Events may be postponed or cancelled for a variety of reasons. If you hold tickets to an event that is postponed or cancelled, we encourage you to directly contact the venue to obtain information about postponed dates of the event and whether there is an applicable refund from the venue or promoter. Refund policies vary by venue and event; by purchasing a ticket, you agree to the refund policy of the associated venue and event. Please note that if an opening act or guest artist is changed or cancelled, the event is not considered cancelled and you will not be entitled to a refund or exchange. We will try to provide you with this information on rescheduling and refunds as it becomes available to us, but the venue and event promoter will have the information more immediately. Please note, any Resale tickets purchased on the Resale Marketplace cannot be refunded in the event of a postponement, regardless of the associated venue policy. If an event is rescheduled and you are unable to attend on the rescheduled event date, you may be able to receive a refund if you purchased a Primary ticket (depending on the venue policy). However, you will need to seek such refund within the stated time after the event is rescheduled. If you do attend the rescheduled event, we will try to offer a ticket with the same value or in the same location as the one you originally purchased, although that is not always possible. You will not be able to seek a refund based on changes to the exact seat we are able to offer (so long as it is not materially different in Planet’s reasonable opinion). In the unlikely circumstance of event cancellation, cancellation policies may require that you refund the proceeds you received in a Resale transaction from a buyer (so that every party receives the appropriate refund of payments made). Planet reserves the right to charge your account balance and/or credit card any amounts necessary to provide refunds for seats purchased and re-sold to another party. You agree to authorise such charges and to pay in full. In the event you are entitled to a direct refund and you have requested such a refund, we may automatically issue you a refund to the credit card you used to purchase the ticket.
17. Limits on Tickets and Parking Rights. In an effort to give all interested customers an opportunity to purchase seating and/or parking tights, or tickets for an event, venues and promoters often set limits on the number of seating and/or parking rights, or tickets each customer or household is allowed to purchase. You may be advised of any limits on such tickets by a posting on the ”select tickets” page for the event, or by a system limitation on the number of tickets you may purchase during your online session. Tickets purchased for an event during multiple online sessions on the Platform may be aggregated to ensure that any venue- or promoter-imposed limitations are not exceeded. If you exceed these limits, your orders may not be fulfilled.
18. Availability of Tickets. The availability of tickets and/or parking rights are subject to change. We may act as a sales agent for event promoters, event producers and/or venues. We do not control the number of tickets and/or parking rights or the location of seats or parking spaces that are made available for purchase. Sometimes event promoters, event producers and/or venues release additional tickets even after tickets to attend the event have gone on sale. Tickets and/or parking rights are also ”locked” (not available) for a short time while customers complete their purchase. If a customer does not complete his/her purchase, previously-locked tickets and/or parking rights are released and made available for purchase. For these reasons and others, the tickets and/or parking rights available for a given event can and do change rapidly. If you are unable to find tickets or parking rights, please check back again. Once your purchase has been completed, we will not exchange or refund your order, even if additional tickets or parking rights become available at a later date. Tickets for events are typically sold through a variety of locations in addition to the Service. Some distribution points (such as the venue itself) may have access to different tickets. There are typically limits on the number of tickets that you may purchase for any event. Please remember that tickets for popular events often sell out quickly, but that on occasion additional tickets may be put on sale for events that were once listed as sold out and there may be Resale tickets available. The Service does not control ticket inventory or availability. In addition, Planet reserves the right to refuse to complete a transaction, refuse service, and/or cancel an order for reasons such as suspected credit card fraud, violation of terms, ticket limits, or any other reason.
19. Pricing and Other Errors. If the amount that you pay for a ticket is obviously incorrect, regardless of whether it is an error on the Platform or otherwise communicated to you, or you are able to order tickets before their scheduled on-sale date, then we reserve the right, in our sole discretion, to cancel your order and refund to you the amount paid. This policy will apply regardless of how the error occurred.
20. Venue/Event Specific Terms and Conditions. By purchasing or accepting tickets to an event, you agree to be bound by the terms and conditions and other rules of the specific event and the venue where the specific event is being held. Links to venue and/or event terms and conditions that are specific to use of tickets to such events or at such venues may be found within each event and venue’s branded area. We recommend that you review such terms and conditions and other rules of each event and venue to which you hold tickets in advance, as may be available directly from the event or venue.
21. Delivery of Tickets. Your tickets will be delivered to you as indicated at the time of purchase, most frequently via electronic delivery to your Planet account. Certain events may have restricted delivery options, as well as delayed delivery windows (for example, the tickets may not be delivered until 10 days prior to the event). Please note that in most cases you must have a smartphone and no refunds will be provided in relation to any lack of or inability to access a smartphone. Planet is not able to specify the exact date of delivery for each event, so please allow as much time as possible for your tickets to arrive. Shipping information, if any, is provided at checkout. In the rare instance that tickets are mailed, they will be sent to the address provided by the purchaser at the time of purchase. Planet is not responsible for failure of delivery or any losses incurred as a result of a purchaser’s failure to provide an accurate address. If you have not received your tickets five (5) days before the event for which you purchased, please contact us at [email protected]. There may be circumstances in which we make your tickets available for your collection at the box office of the applicable venue. We will notify you by email if box office collection is required. In order to collect your tickets at the box office, you will be asked for order confirmation, proof of identity and the debit or credit card used for the transaction. If you are unable to provide this information, the box office may refuse to provide your tickets to you and we will not be responsible for your inability to enter the event.
22. Proper Conduct: All attendees must conduct themselves properly at an event. The venue operator and/or the event producer shall have the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly or improper, who uses inappropriate, vulgar or abusive language, who fails to provide proper identification, or who fails to comply with any other venue or event rules adopted by the venue operator or the event producer. Breach of these terms or rules could result in the termination of your licence to attend the event without refund. Latecomers may be seated at the discretion of the event producer and/or venue operator.
Recording/Photography Restrictions: You agree not to record or transmit, or aid in recording or transmitting,
any description, account, picture, or reproduction of the event.
You grant permission to Planet, its related entities, the venue owner
and/or operator and the performing artist, team or other event producer to
use your name, image, likeness, sounds in any audio, video, or photographic
display or other transmission, exhibition, publication or reproduction made
of, or at, the event (regardless of whether before, during or after play or
performance) for any purpose, in any manner, in any medium now known or
hereafter developed, without further authorisation from, or compensation to,
you or anyone acting on your behalf.
24. Search/No Expectation of Privacy: You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise from such a search. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, food, beverages, controlled substances, cameras, recording devices, laser pointer, strobe lights, or certain size packages or bags. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event.
25. Platform Content. The Content is intended only for the purposes specified or implied therein, and your use of the Platform and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Planet, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Platform and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Platform or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Platform and the Content (or under UK or local law). The Platform and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.
26. User Content Licence. When you upload content (“User Content”) to the Platform, you hereby grant to Planet a worldwide, non-exclusive licene to display, reproduce or perform (if applicable) and otherwise use that User Content to provide the Service and for reasonable promotional purposes (including without limitation by exhibition on the Platform, and/or on other website and online services). You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your real name may be published alongside your User Content. If you do not want to grant these rights, please do not submit material to the Platform. You warrant and represent that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable Planet to use your User Content for the purposes of the Platform and that you personally created all content (and all materials contained within content) that you upload to the Platform, and that you own or control all rights in your content.
27. Take Downs. We retain the right to remove any User Content of any kind that, in our judgement, does not comply with this Agreement and any other rules of conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
28. Code of Conduct for User Content. You agree to obey all applicable laws in using the Platform, and agree that you are responsible for the User Content and/or communications you upload to or initiate via the Platform. You agree (in relation to the Platform):
- not to post content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to post content which you do not have the right to use;
- not to abuse other Users or anyone else;
- not to use the Platform to engage in any activities other than as approved by Planet;
- not to publish on the Service your own (non-Planet) contact details or those of anyone else;
- not to register more than one account for yourself or anyone else;
- not to post content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party;
- not to post content that contains anything which could be used to determine or alter the architecture of the Platform, or could be used to decompile, disassemble, or reverse engineer the Platform;
- not to post anything that constitutes or contains “affiliate marketing,” “link referral code”, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or unsolicited commercial advertisement or that constitutes or contains any form of advertising or solicitation or that includes links to commercial services or web Platforms or that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law or that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
- not to contact anyone who has asked not to be contacted;
- not to “stalk” or otherwise harass any other User;
- not to collect personal data about other users for commercial or unlawful purposes;
- not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to use the Platform download data from the Service, unless expressly permitted by Planet;
- not to post irrelevant user Content, repeatedly post the same or similar user Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- not to attempt to gain unauthorised access to Planet’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Planet website; or
- not to use any form of automated device or computer program that enables the submission of postings on Planet without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”.
You acknowledge and accept that when you upload material to Planet, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
29. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Platform, please immediately report such material (and the specific page on which it is found) to [email protected]. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
30. Termination of this Agreement. We may at any time terminate your access, your subscription or this Agreement generally, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to the Platform at any time by email to [email protected]. We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.
31. Liability. You agree that the liability of Planet to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Platform or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Planet.
32. Warranties. To the extent permitted under applicable law in your territory, ALL PLANET PRODUCTS AND SERVICES ARE PROVIDED ON AN ”AS IS” AND ”AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Planet, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Platform, from us, or from any third parties' website to which the Platform is linked, will meet your expectations or be free from mistakes, errors or defects. the use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' or provider’s website, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
33. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by Planet, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Platform or the Content. You further undertake to indemnify us for all loss or damage incurred by Planet in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Platform and/or the Content.
34. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Platform, or if you have any other complaint about the Platform or any Content or other posted materials, please contact us via [email protected]. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via [email protected] (making sure to include both the Uniform Resource Locator (”URL”) for the non-complying content and the reasons you believe it does not comply).
35. Trade Marks. The brands, products and service names used in the Platform and the Content (including without limitation, ”Planet.Fans” and “Planet”) are trademarks or trade names of Planet or its trading partners unless otherwise stated.
36. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, ”Interfere”) with the Platform and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Platform, the Content or otherwise attempts to defraud Planet or any other parties through your use of the Platform, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Platform and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
37. No Partnership. Your use of the Platform and/or the Content creates no partnership, client, fiduciary or other professional relationship.
38. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
39. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
40. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
41. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
42. Variation. This Agreement may be varied from time to time by our posting new terms on the Platform, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Platform. Your continued use of the Platform and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Platform in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
43. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
44. Contacting Us. If you have any questions, please contact us at the following address: Planet 101 Ltd, a company registered in England with offices at Castle House, Castle Street, Guildford GU1 3UW, UK, or email us at [email protected].