terms and conditions

1, your acceptance

The top level domain PlanetJar.com and its web sites (individually and collectively the “Website”) are owned and operated by PlanetJar., and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by PlanetJar. By using the website, by creating a membership account you are deemed to have agreed to these terms and conditions of use. PlanetJar may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on the Website. All changes will become effective on the date they are posted. By using the Website after we post any changes to the Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them.

Newsletter: the update newsletter is double optin, all users can unsubscribe from further newsletter whenever they wish. The user accepts the first "phase" of acceptance of the newsletter upon registration email and confirms this in the second "Phase" of acceptance to PlanetJar.

2, website access and membership information

A. PlanetJar hereby grants you permission to use the Website as set forth in this Terms and Conditions, provided that: (i) your use of the Website as permitted is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium except according to PlanetJar’s policies for such set forth in these Terms and Conditions without PlanetJar’s prior authorisation; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the Terms and Conditions.

B. The Website and all Website functionality, including User Submissions, (defined below), message boards, or other interactive or mobile services that may be available to you on or through the Website (collectively, the “Services”) are provided to you solely for your enjoyment and entertainment purposes. Some Services may require you to create a membership account. When creating your account, you must provide accurate and complete information, and PlanetJar reserves the right to terminate your subscription and refuse any and all current or future use of the Services if you provide inaccurate or incomplete information. You understand that you are solely responsible for maintaining confidentiality of any passwords you create as a part of the Services and PlanetJar recommends that you choose one that is at least six (6) characters in length and a mix of numbers and letters. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is absolutely necessary that you immediately notify Daytum of any breach of security or unauthorised use of your account. If such a breach has occurred, contact us by email at support@ PlanetJar.com. You may never use another’s account without permission. Although PlanetJar will not be liable for harm or losses caused by any unauthorizsed use of your account, by your conduct, you may be liable for the harm or losses of PlanetJar or others due to such unauthorised use.

C.PlanetJar  Loaded Services: Some users may elect to use “PlanetJar Loaded” in exchange for a fee, to be agreed upon by the parties, paid annually, otherwise subject to the other terms of this Agreement. Users of “PlanetJar Loaded” should carefully read the Privacy Policy for the provisions of that agreement that apply specifically to them.

D.Mobile Services: If you access PlanetJar through or by means of a mobile device such as a mobile phone or personal data assistant (e.g., a Blackberry or an iPhone) there may be fees that apply to the data transferred by your service provider (e.g., your phone company or other service provider). Similarly, if you bookmark the PlanetJar website, then PlanetJar may create an icon on your mobile device’s desktop for your convenience.

3, privacy policy

Please read our Privacy Policy which describes the personally identifiable information (the “Personal Information”) we collect, use, disclose, manage and store.

4, intellectual property rights

The content on the PlanetJar Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PlanetJar, subject to copyright and other intellectual property rights under United Kingdom, United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, except as permitted by these Terms and Conditions, without the prior written consent of PlanetJar or the respective owners. PlanetJar reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PlanetJar Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PlanetJar Website or the Content therein.

5, user submissions

A. The PlanetJar Website may now or in the future permit the submission of data, writings, photos, art works or other visual images submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, PlanetJar does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise PlanetJar to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. FOR CLARITY, YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR USER SUBMISSIONS, BUT LICENSE IT TO PLANETJAR ON A WORLDWIDE BASIS FOR THE DURATION THAT YOU KEEP SUCH USER SUBMISSION POSTED. However, by submitting the User Submissions to PlanetJar, you hereby grant PlanetJar: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your User Submissions within the Website as permitted by you through your interactions on the Website, and (ii) use, distribute, reproduce and make derivative works (and to authorise third parties to use and reproduce) any of your User Submissions in any or all media in connection with the Website or any other part of PlanetJar’s business, including its marketing and promotional activities, provided that in the event that your User Submissions appears publicly in material under the control of PlanetJar, and you provide written notice to PlanetJar of your desire to discontinue the distribution of such User Submissions in such material (with sufficient specificity to allow PlanetJar, in its sole discretion, to identify the relevant User Submissions and materials), PlanetJar will make commercially reasonable efforts to cease its distribution of such User Submission following the receipt of such notice, although PlanetJar cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your User Submissions from PlanetJar’s servers and from the Website, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyse and use any of your User Submissions as PlanetJar may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Website. Further, you agree to grant to PlanetJar a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth at the Privacy Policy page; (d) a license to use, reproduce, distribute, display, and perform the User Submissions in connection with the PlanetJar Website and PlanetJar’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the PlanetJar Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the PlanetJar Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. FOR CLARITY, YOUR USER SUBMISSIONS MAY BE PUBLICLY AVAILABLE TO ANYONE USING THE PLANETJAR WEBSITE. The foregoing license granted by you terminates once you remove or delete a User Submission from the PlanetJar Website.

C. IN CONNECTION WITH USER SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED, PROTECTED BY TRADE SECRET OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT PLANETJAR ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE PLANETJAR OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, DEFAMATORY, LIBELOUS, HARASSING, HATEFUL, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR IS OTHERWISE INAPPROPRIATE; (IV) POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS; OR (V) IMPERSONATE ANOTHER PERSON. PlanetJar expressly disclaims any and all liability in connection with User Submissions. PlanetJar does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PlanetJar will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. PlanetJar reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. Daytum may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

D. You understand that when using the PlanetJar Website, you will be exposed to User Submissions from a variety of sources, and that PlanetJar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that may be inaccurate, or that you may find offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PlanetJar with respect thereto, and agree to indemnify and hold PlanetJar, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

E. DELETING YOUR PLANETJAR ACCOUNT DOES NOT NECESSARILY DELETE USER SUBMISSIONS THAT YOU MAY HAVE POSTED TO PLACES OTHER THAN YOUR PLANETJAR PROFILE.

6, user conduct

Without limitation of the foregoing, you agree to not use the Web Site or Services to:

A. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any User Submissions, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
B. “Stalk” another;
C. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
D. Harm minors in any way;
E. Impersonate any person or entity, including, but not limited to, a PlanetJar official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
F. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Submissions transmitted to or through the Web Site;
G. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content or User Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
H. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content or User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
I. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
J. Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
K. Act in a manner that negatively affects other users’ ability to engage in the Website or Services;
L. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorisation or registering multiple subscriptions under the same or different names;
M. Interfere with or disrupt the Website Service or servers or networks connected to the Website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Service;
N. Intentionally or unintentionally violate any applicable local, state, national or international law; or
O. Harvest, collect or store information about the users of this Website or the User Submissions, so-called “phishing,” or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

7, external links

The Website may contain links to other websites. PlanetJar is not responsible for the privacy practices or content of other websites. When you leave the PlanetJar Website, PlanetJar advises you to read the privacy statements of each and every website that collects personally identifiable information. The presence of external links on the Website does not imply PlanetJar’s endorsement of or association with the linked site. These Terms of Use apply solely to PlanetJar’s Website. In no event shall PlanetJar be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or the material accessed through these linked sites.

8, warranty disclaimer

PLANETJAR, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PLANETJAR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SIDE AND ASSUMES NO LIABILITY OR RESPONSIBILITY for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever resulting from your access to and use of the Website; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the content posted, emailed, transmitted, or otherwise made available via the Website. PlanetJar does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and PlanetJar will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

9, limitation of liability

IN NO EVENT SHALL PLANETJAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website; (iii) any unauthorised access to use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. YOU SPECIFICALLY ACKNOWLEDGE THAT PLANETJAR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by PlanetJar from its facilities in the United Kingdom. PlanetJar makes no representations that the PlanetJar Website is appropriate or available for use in other locations. Those who access or use the PlanetJar Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10, indemnity

You agree to defend, indemnify and hold harmless PlanetJar, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the PlanetJar Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the PlanetJar Website.

11, ability to accept terms of use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

12, assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PlanetJar without restriction.

13, general

You agree that: (i) the PlanetJar Website shall be deemed solely based in the United Kingdom; and (ii) the PlanetJar Website shall be deemed a passive website that does not give rise to personal jurisdiction over PlanetJar, either specific or general, in jurisdictions other than in the UK. These Terms of Use shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales., without respect to its conflict of laws principles. Any claim or dispute between you and PlanetJar that arises in whole or in part from the PlanetJar Website shall be decided exclusively by a court of competent jurisdiction of the Courts of England and Wales. These Terms of Use, any artist representation agreements and any other legal notices published by PlanetJar on the Website, shall constitute the entire agreement between you and PlanetJar concerning the PlanetJar Website. If any provision of this agreement is in conflict with a provision in a signed artist representation agreement, the artist representation agreement provision shall prevail. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PlanetJar’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Daytum reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the PlanetJar Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PLANETJAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLANETJAR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14, waiver of class action

YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST PLANETJAR.

15, serverability

If any portion of this Agreement is adjudicated to be unenforceable, then the rest of the agreement shall remain in full force and effect.