Terms of Service

1. Introduction, acceptance and definitions

These Terms of Service (the “Terms”) govern your access to and use of PlanetJoi.com, its subdomains, and every service, feature and content made available through them (together, the “Platform” or “Planet”). The Platform is operated by DigitLumin Technologies LLC, a limited liability company organised under the laws of the State of Wyoming, United States. References to “we”, “us” and “our” are references to DigitLumin Technologies LLC.

The Terms are a legally binding agreement between you and DigitLumin Technologies LLC. By accessing or browsing the Platform, by creating an account, by purchasing Tokens, or by clicking a button that indicates your acceptance, you confirm that you have read, understood and agreed to be bound by the Terms and by the Incorporated Policies. If you do not agree, you must not access or use the Platform. Your agreement given electronically has the same legal effect as a signature on paper.

In the Terms:

• “User” and “you” mean any person who accesses or uses the Platform, whether or not they hold an account.
• “Creator” means a User whose age and identity we have verified and whom we have permitted to publish Content and to earn Tokens.
• “Fan” means any User who is not a Creator.
• “Content” means any material uploaded to, posted on, sent through or otherwise made available on the Platform by a User, including text, images, video, audio, profile information, handles and display names.
• “Tokens” means the prepaid units described in section 5, and “Credits” means the complimentary message allowance described there.
• “Creator Interaction” means any interaction in which a Fan spends Tokens on a Creator, including a paid message, a call and a Gift, and any other paid feature we make available in future.
• “Incorporated Policies” means the Acceptable Use Policy, the Privacy Policy, the Cookie Policy, the Refund Policy, the Content Removal and Complaints Policy and the Copyright Policy, each as published on the Platform and amended from time to time.
• “Including” means including without limitation.

The Incorporated Policies form part of the Terms, and a breach of any of them is a breach of the Terms. If you hold a Creator account, the Creator Agreement also applies to you and prevails over the Terms to the extent of any conflict on a matter it addresses. Headings are for convenience only and do not affect interpretation.

2. Eligibility and age

The Platform contains sexually explicit material and is intended solely for adults. You may access or use it only if all of the following are true:

• you are at least 18 years of age and have reached the age of majority in the jurisdiction from which you access the Platform, whichever is higher;
• it is lawful for you to access and possess sexually explicit material in that jurisdiction;
• you are legally capable of entering into a binding contract with us; and
• you have not previously been removed from the Platform, and you are not prohibited from using it under any applicable law or court order.

By using the Platform you represent and warrant that each of these statements is true, and you acknowledge that we rely on that representation. We apply the age requirement without discretion or exception. We terminate any account we reasonably believe to be held or used by a minor, we do not restore such accounts, and any unspent Token balance on them is forfeited. We may require you to verify your age or identity at any time, by any method we reasonably specify, and may suspend your access until you do so.

We report apparent child sexual abuse material to the National Center for Missing and Exploited Children as required by 18 U.S.C. §2258A, preserve the associated records, and cooperate with any resulting investigation.

If you are a parent or guardian and believe that a minor in your care has accessed the Platform, contact us at support@planetjoi.com and we will close the account and erase it.

3. Territories, local law and sanctions

We make the Platform available from the State of Wyoming, United States. We make no representation that the Platform or any Content is appropriate or lawful to access from any other place. You access the Platform on your own initiative, and you are solely responsible for compliance with every law that applies to you in the place from which you access it, including laws concerning adult material, age assurance, cryptocurrency and taxation.

A number of jurisdictions, including the United Kingdom, several member states of the European Union, and a growing number of states of the United States, require operators of adult websites to verify the age of visitors by methods stronger than the confirmation we ask for at the door. Where we are subject to such a requirement, we will meet it or withdraw from that territory. Until we do, you must not access the Platform from a place where doing so would breach the law that applies to you, and you must not use any technical means to disguise your location in order to do so.

You represent and warrant that you are not located in, and are not a resident or national of, any country or territory that is the subject of comprehensive sanctions administered by the United States Office of Foreign Assets Control, and that you are not a person named on any United States, European Union, United Kingdom or United Nations list of sanctioned or restricted persons. We may refuse, suspend or terminate access from any territory, at any time, where we consider that doing so is necessary to comply with a law, a sanction, a payment-network requirement or a court order.

4. Your account

You must provide accurate registration information and keep it current. You are responsible for all activity conducted through your account, whether or not you authorised it, and for keeping your credentials confidential.

• Each individual may hold one account. Accounts may not be shared, sold, rented, lent or transferred.
• You must notify us promptly at support@planetjoi.com if you know or suspect that your account has been accessed without your authorisation.
• We may refuse, reclaim or rename any handle that impersonates a person or organisation, infringes a trade mark, or is otherwise chosen to deceive.
• Registration is protected by an automated security check operated by a third party, which processes your IP address and browser characteristics to distinguish people from automated traffic.

We may decline any application for an account. We may suspend, restrict or close an account that breaches the Terms, that we are required by law or by a payment or infrastructure provider to close, or that in our reasonable judgement presents a fraud, security, legal or safety risk to other Users, to us or to the Platform. Section 15 describes how we exercise those rights.

5. Tokens and Credits

Tokens are a prepaid, limited, revocable, non-transferable licence to use the paid features of the Platform. One Token is priced at one United States dollar (US$1.00). Tokens are not money, a deposit, a stored-value instrument, electronic money, a security, a commodity or a cryptocurrency, regardless of the means by which they were purchased, and they have no value outside the Platform. We do not pay interest on Token balances, and a Token balance is not a bank account or a trust.

• Tokens cannot be exchanged for cash or cryptocurrency, transferred between accounts, sold, or redeemed by anyone other than a Creator who has earned them through a Creator Interaction, as set out in the Creator Agreement.
• Tokens do not expire while your account remains open and in good standing.
• Once a Token has been spent on a Creator Interaction, the transaction is complete. Section 9 sets out the limited circumstances in which a spend may be reversed.
• If your account is terminated for breach of the Terms, any unspent Token balance is forfeited.
• If you are a Fan and you delete your account, any unspent Token balance is forfeited on erasure. We state this before you confirm the deletion.
• A completed Token purchase, of any amount, also clears your account to view the photos and videos inside posts. That clearance is a safeguard we have chosen to apply; it is not age verification and we do not represent it as such.

Credits are a complimentary allowance of paid messages that we may offer to Fans. Each Fan account may hold up to ten Credits, one Credit is restored each day up to that limit, a Credit is always spent before a Token, and a Creator earns nothing from a message sent with a Credit. Credits are a courtesy, not a purchase: they have no cash value, cannot be exchanged for Tokens, do not accumulate beyond the stated limit, and may be varied or withdrawn by us at any time without notice.

Creators set the prices of their own Creator Interactions and may change them at any time. A price change never applies to a Token that has already been spent.

A Gift sent during a call is a Creator Interaction and a transfer of Tokens. The number of Tokens shown on the Gift is charged to your balance when you send it, and the Creator receives that amount less the platform fee that applies to that Creator, which is 20% as standard and lower for a Creator who holds a founding rate under the Creator Agreement. A Gift is sent at once and cannot be recalled, undone or exchanged, and the animation it plays is a display of a transfer that has already happened rather than the thing you paid for. Gifts are spending for the purposes of the Refund Policy, and section 9 sets out the limited circumstances in which a spend may be reversed.

6. Purchasing Tokens

Tokens may be purchased in any amount from US$5 to US$1,000 per purchase, at one dollar per Token. Purchases are processed through a payment gateway that we operate on our own infrastructure and are paid in cryptocurrency, in the assets and on the networks offered at checkout, which currently include the stablecoins USDC and USDT. The assets and networks offered may change without notice. Payment is made to the address displayed at checkout.

An on-ramp option may be offered within the checkout, through which an independent third-party provider, identified at checkout, accepts a card payment from you and delivers the corresponding cryptocurrency to the checkout address on your behalf. Where you use such a provider:

• your card transaction is with the provider, under the provider’s own terms of service and privacy policy, and not with DigitLumin Technologies LLC;
• the provider may require you to verify your identity before it accepts a payment, and it does so on its own account and not on our instructions;
• we never receive your card number or other card details; and
• the provider’s fees, exchange rates, limits and availability are the provider’s alone, and we are not responsible for them.

Settlement of a purchase:

• Tokens are credited at the United States dollar value that actually arrives at the checkout address, once the relevant network has confirmed the payment, and not at the amount the checkout quoted. An underpayment is credited at the lesser amount received; an overpayment is credited at the greater amount received. Neither is treated as an error.
• A checkout expires 24 hours after it is opened. Do not send funds to a checkout that has expired. If you have done so, contact support@planetjoi.com with the transaction hash; we will investigate in good faith but cannot guarantee recovery.
• Send only the asset the checkout names, on the network it names. Funds sent in any other asset, or on any other network, may be irretrievably lost, and we are unable to recover them.
• A cryptocurrency transaction cannot be cancelled or reversed by you or by us once it has been broadcast, and no chargeback mechanism exists for it. You are responsible for confirming the amount, the asset, the network and the address before you send.

A purchase is complete, and the Tokens are available to spend, when they are credited to your balance. If you believe a payment has not been credited, or has been credited in the wrong amount, contact support@planetjoi.com with the transaction hash before taking any other step. We investigate every such report in good faith.

You represent and warrant that any funds you use to purchase Tokens are lawfully yours, are not the proceeds of crime, and are not sent from a wallet or an account that you are not entitled to use.

7. Cryptocurrency risks and third-party services

You acknowledge and accept that:

• public blockchains, wallet software, on-ramp providers, cryptocurrency exchanges and network validators are not operated or controlled by us, and we make no representation about their availability, security, speed, cost or continued existence;
• the value of a cryptocurrency, including a stablecoin, may fluctuate or be lost entirely, and any loss arising from such fluctuation between the time you send a payment and the time it is confirmed, or at any other time, is yours alone;
• transactions on a public blockchain are irreversible, and an error in an address, an asset, a network or an amount cannot be corrected by us;
• a transaction may be delayed, may fail, or may incur network fees outside our control; and
• the legal and regulatory treatment of cryptocurrency varies between jurisdictions and may change, and you are responsible for understanding and complying with the law that applies to you.

The Platform may contain links to, or integrate, services provided by third parties. Your use of any third-party service is governed by that third party’s terms, and we are not a party to, and accept no responsibility for, any transaction, dispute or loss between you and a third party.

8. Right of withdrawal and immediate performance

If you are a consumer resident in the European Economic Area, the United Kingdom or another jurisdiction that provides a statutory right to withdraw from, or cancel, a contract for digital content or digital services concluded at a distance, the following applies to you.

Tokens are digital content that is not supplied on a tangible medium, and the paid features of the Platform are digital services. When you purchase Tokens you expressly request that they be credited to your account immediately, before any withdrawal or cancellation period would otherwise expire, so that you may spend them at once. You expressly consent to that immediate performance and you acknowledge that, once the Tokens have been credited, you lose any statutory right to withdraw from or cancel the purchase. You give that consent and acknowledgement by completing a purchase under these Terms, each time you do so.

The same applies to each Creator Interaction: a paid message is performed when it is delivered, a call is performed as each minute of it is provided, and a Gift is performed when it is sent. Nothing in this section limits any right that cannot be excluded by agreement under the law of your country of residence.

9. Refunds, reversals and payment disputes

Token purchases are final and non-refundable, except where a refund is required by applicable law that cannot be excluded by agreement.

We may nonetheless, at our sole discretion and without being obliged to do so in any future case, take either of the following steps where we consider it appropriate, for example where a Creator Interaction failed for a technical reason attributable to the Platform, or where we have determined that a Creator breached the Terms:

• reverse a specific Creator Interaction, by re-crediting the Tokens spent to your balance and debiting the corresponding earnings from the Creator who received them; or
• exceptionally, refund all or part of a purchase in a stablecoin, USDC or USDT, to a wallet address that you register for that purpose on your wallet page or provide to our support team when asked, and that you confirm by entering it twice. We pay the network fee on such a refund, and you receive the full amount.

A refund is never made to a payment card, and never to the address from which a deposit was sent. That address is frequently not yours, since a card purchase arrives from the on-ramp provider’s wallet, and a deposit made in one asset cannot reliably be returned in the same asset or on the same network. Tokens that have been spent are not refunded except by way of a reversal as described above. Our decision on a request for a reversal or a refund is final within the Platform and does not affect any right that you have under mandatory law.

If you paid through an on-ramp provider, any dispute about the card charge itself must be raised with that provider under its terms. Disputing a charge that you did in fact authorise is fraud. We may suspend or terminate an account that does so, may recover from that account any Tokens obtained through the disputed payment, and may pursue any other remedy available to us.

Our Refund Policy sets out the detail and forms part of the Terms.

10. Creator Interactions and our role as a venue

The Platform is a venue through which Fans and Creators interact directly. Creators are independent contractors, not our employees, agents, partners or representatives. Creators set their own prices, decide whether and when to respond, and determine what they will and will not do. We do not direct, supervise, endorse, vouch for or guarantee any Creator’s identity beyond the verification we describe, conduct, availability, response, appearance, performance or Content, and we are not a party to any arrangement between a Fan and a Creator beyond the provision of the Platform.

• A paid message purchases delivery of your message to the Creator. It does not purchase a reply, and a Creator is under no obligation to respond.
• A call is billed in whole minutes at the Creator’s published per-minute rate. The first minute is charged when the call connects, and each subsequent minute is charged when it begins. A minute that has begun is charged in full. Waiting for a Creator to answer is not billed. If your balance is insufficient for the next minute, the call ends.
• A Creator may end a call, decline a call or stop replying at any time, and neither the Creator nor we owe you anything for having done so.

If a call fails to connect, or ends for a technical reason attributable to the Platform, you are not billed for minutes that were not provided. If you believe you have been billed in error, contact support@planetjoi.com within 30 days of the transaction.

Nothing on the Platform is medical, psychological, legal, financial or professional advice, and no Creator is acting on our behalf when they speak with you. You are solely responsible for your interactions with other Users, and you agree that we have no liability for the acts or omissions of any User, whether online or offline.

11. Calls are peer-to-peer

Voice and video calls on the Platform are established directly between the two participants. Audio and video are encrypted in transit and travel from one participant to the other without being recorded, stored, transcoded or intercepted by us. Where a network prevents a direct connection, the encrypted traffic may pass through a relay server that we operate; it does so as opaque data that we cannot decrypt or inspect. To find a route for a call, your device also contacts a public address-discovery server, which learns your network address and nothing else.

A consequence follows that we state plainly: we cannot produce the content of any call, to you, in a data export, in response to legal process, or for our own moderation purposes. It was never in our custody. It also follows that we cannot verify what was said or shown on a call, and a dispute about the content of a call cannot be decided by reference to a record we do not have.

Because a call travels over networks and devices that we do not control, we do not guarantee that a call will connect, will remain connected, or will be of any particular quality. Your own device, browser, network and any relay path may reveal your network address to the other participant; that is inherent in a direct connection.

What we do retain about a call is metadata: the accounts connected, the time, the duration, the price applied and whether a relay was used. That metadata is the basis on which calls are billed and is included in your data export.

12. Recording and redistribution are prohibited

You must not record, screen-capture, photograph, stream, transcribe, download or otherwise capture any call, message, image or video on the Platform, and you must not redistribute, republish, sell or disclose anything you obtain here, whether or not you paid for it. Paying for a Creator Interaction purchases access to it on the Platform, and nothing more.

Recording a person without their consent is a criminal offence in many jurisdictions, and publishing an intimate image or recording of a person without their consent is a criminal offence in most. It is also the most serious harm a User can inflict on the people who make the Platform possible.

We treat a credible report of recording as grounds for immediate and permanent termination, forfeiture of any balance, and referral to law enforcement, and we will cooperate with the person harmed in any civil or criminal proceeding against you. If you have been recorded or published without your consent, contact support@planetjoi.com; such reports are handled ahead of all others.

13. Your Content and the licence you grant

You retain ownership of all Content that you upload, post, send or transmit on the Platform.

You grant DigitLumin Technologies LLC a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers only) licence to host, store, cache, reproduce, transmit, adapt for format and size, translate, and display your Content, solely for the purposes of operating, securing, moderating and improving the Platform and making your Content available to the Users you direct it to. The licence continues for as long as we hold the Content and ends when the Content is deleted, except for copies retained in backups until they rotate out, for copies we are required by law to retain, and for copies retained as evidence in connection with a complaint, an investigation or a legal proceeding.

You represent and warrant that, for every item of Content you upload:

• you own it or hold all rights, licences, consents and releases necessary to upload it and to grant the licence above;
• every person depicted in it was at least 18 years of age when it was created;
• every person depicted in it has given informed, documented consent to the depiction and to its publication on the Platform;
• it is not defamatory, does not infringe the copyright, trade mark, privacy, publicity or other rights of any person, and does not breach any law; and
• it complies with the Acceptable Use Policy.

We may remove Content and may decline to restore it. We have no obligation to store your Content or to make it available to you, and you should keep your own copies of anything that matters to you. A data export is available from your account settings. We are not responsible for any loss of Content, however caused.

We do not claim ownership of your Content and we do not review Content before it is published, but we may review it at any time afterwards.

14. Content standards and acceptable use

The Acceptable Use Policy forms part of the Terms and sets out what is prohibited on the Platform and the restrictions we impose on the use of the Platform in respect of Content. You must read and comply with it. In summary: Content involving any person under 18, any person who has not consented, or any person being genuinely harmed is prohibited absolutely and is reported to the authorities.

In addition, you must not:

• scrape, crawl, mirror, index, bulk-download or archive the Platform or any Content, whether manually or by automated means, or use any Content to train a machine-learning model;
• circumvent or attempt to circumvent our payment, rate-limiting, blocking, age-confirmation, geographic or other access controls;
• probe, scan, attack, overload or interfere with our infrastructure;
• use the Platform to advertise, solicit, recruit for or arrange any in-person meeting or sexual service for payment, or to facilitate prostitution or trafficking;
• upload malicious code or attempt to gain unauthorised access to any account, system or data; or
• use the Platform for any purpose that is unlawful, or that is prohibited by the Terms or by the Incorporated Policies.

15. Reporting, moderation, suspension and termination

Anyone may report Content or conduct to us at support@planetjoi.com, whether or not they hold an account. The Content Removal and Complaints Policy describes what to include, how quickly we act, and how a decision can be appealed. It is our notice-and-action mechanism for the purposes of any law that requires one, and support@planetjoi.com is our single point of contact for Users, complainants and authorities.

We may review, restrict, remove or refuse any Content, and may suspend, limit or terminate any account, where we reasonably believe that the Content or account breaches the Terms or applicable law, presents a risk to any person or to the Platform, or exposes us to liability. We may do so on the basis of a report, of our own review, or of information from a third party, and we may act on Content that is lawful but incompatible with our policies.

We aim to act proportionately, to inform you of what action was taken, the facts relied on, the provision concerned and how to appeal, and to offer an appeal through the Content Removal and Complaints Policy. We act immediately and without prior notice where a child may be involved, where Content appears to have been published without the consent of a person depicted, or where there is a credible threat to anyone’s safety.

We may also close your account on 30 days’ notice for any reason or for no reason. In that case any unspent Token balance is handled as described in section 5, and a Creator’s earned balance is handled as described in the Creator Agreement.

We are not obliged to monitor Content, and nothing in the Terms makes us responsible for Content we have not reviewed. Termination does not affect any right or obligation that accrued before it, and sections 5, 7, 9, 12, 13, 16 and 18 to 28 survive termination.

16. Our intellectual property and your licence to use the Platform

The Platform, including its software, design, interface, text, graphics, logos, the names “Planet” and “Planet JOI”, and all other trade marks, service marks and trade dress displayed on it, is owned by DigitLumin Technologies LLC or its licensors and is protected by copyright, trade mark and other laws of the United States and of other countries. All rights not expressly granted in the Terms are reserved.

Subject to the Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform, through the interface we provide, for your own personal and non-commercial use, or, if you are a Creator, for the purpose of publishing Content and interacting with Fans under the Creator Agreement. You must not copy, modify, distribute, sell, lease, reverse-engineer, decompile, disassemble, or create derivative works from any part of the Platform, or access it by any automated means, except to the extent that applicable law expressly permits notwithstanding this restriction.

You must not use our names, logos or trade marks without our prior written consent, and you must not remove or alter any copyright, trade mark or other proprietary notice on the Platform.

17. Feedback

If you send us a suggestion, idea, proposal or other feedback about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, disclose, reproduce and exploit it for any purpose without any obligation to you, and you waive any claim to compensation, credit or confidentiality in respect of it.

18. Disclaimers

THE PLATFORM, ALL CONTENT, AND ALL SERVICES AND FEATURES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DigitLumin Technologies LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND SYSTEM INTEGRATION.

Without limiting the foregoing, we make no warranty or representation that:

• the Platform will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, or that defects will be corrected;
• any Content is accurate, lawful, complete, reliable or appropriate for you, or that any Creator is who they appear to be beyond the verification we describe, will be available, or will behave in any particular way;
• a call will connect, remain connected or be of any particular quality;
• any cryptocurrency payment, on-ramp, wallet, blockchain or other third-party service will operate as expected; or
• the Platform is lawful to access, or its Content lawful to view, from any place other than the State of Wyoming.

You use the Platform, and you interact with Creators and other Users, at your own risk. No advice or information, whether oral or written, obtained from us or through the Platform creates any warranty not expressly stated in the Terms. Some jurisdictions do not permit the exclusion of certain warranties, and parts of this section may therefore not apply to you; in that case the exclusions apply to the fullest extent the law permits.

19. Assumption of risk

You understand and agree that the Platform gives access to sexually explicit material and to direct, live interaction with other adults whom we do not control. To the fullest extent permitted by applicable law, you voluntarily assume all risks arising from your use of the Platform, including:

• the risk of exposure to Content that you find offensive, distressing or harmful;
• the risk that another User is not who they claim to be, or behaves unlawfully, dishonestly or harmfully towards you;
• the risk that another User records, captures or discloses your image, voice, messages or identity in breach of the Terms;
• the risk of loss of cryptocurrency, Tokens or other value through your own error, through a third-party service, or through the operation of a public blockchain;
• the risk of unauthorised access to your account resulting from the compromise of your credentials or your device; and
• the risk of any consequence, personal, social, professional, financial or legal, that follows from your decision to use an adult platform.

In-person meetings between Users are prohibited by the Terms. If any User nonetheless meets another User in person, they do so entirely at their own risk, and we have no responsibility of any kind for anything that occurs at or as a result of such a meeting.

20. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DigitLumin Technologies LLC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS (TOGETHER, THE “PLANET PARTIES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, DATA, CONTENT, TOKENS OR CRYPTOCURRENCY, OR FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE OR FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, ANY CONTENT, ANY CREATOR OR OTHER USER, ANY THIRD-PARTY SERVICE, ANY CRYPTOCURRENCY TRANSACTION, OR THE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLANET PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PLANET PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE TERMS, HOWEVER ARISING, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR TOKENS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT.

Without limiting the foregoing, the Planet Parties have no liability for: the conduct, Content, statements or omissions of any Creator or other User; any interaction between Users, whether on or off the Platform; any third-party service, on-ramp provider, wallet, exchange or blockchain; any loss of cryptocurrency sent to the wrong address, in the wrong asset or on the wrong network; any unauthorised access to your account or data that results from a compromise of your credentials or device; any interruption, suspension or discontinuance of the Platform; or any event beyond our reasonable control.

The limitations in this section apply even if a remedy fails of its essential purpose. You acknowledge that the Platform is offered at its price only in reliance on these limitations, that they are a fundamental basis of the bargain between you and us, and that we would not provide the Platform to you without them.

Nothing in the Terms excludes or limits any liability that cannot be excluded or limited under the law that applies to you, including, where that law so provides, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for wilful misconduct or gross negligence. Where such a law applies, the exclusions and limitations in this section apply to the fullest extent it permits, and the rest of this section continues to apply.

21. Release of claims relating to other Users

If you have a dispute with a Creator or with any other User, you release the Planet Parties from all claims, demands, damages and losses of every kind and nature, known and unknown, suspected and unsuspected, arising out of or in any way connected with that dispute, to the fullest extent permitted by applicable law.

If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are resident elsewhere, you waive any comparable provision of the law of your jurisdiction.

22. Indemnity

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Planet Parties from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, fines, penalties, costs and expenses, including reasonable legal fees and costs, arising out of or in connection with:

• Content you provided, and any claim that it infringes or violates the rights of any person or any law;
• your access to or use of the Platform, including any interaction with a Creator or another User;
• your breach of the Terms, of the Incorporated Policies or of any law;
• any recording, capture, redistribution or disclosure of Content or of another User’s image, voice or identity by you or through your account;
• any dispute between you and a Creator, another User, an on-ramp provider or any other third party; or
• any tax, levy or duty arising from your use of the Platform.

We may, at our own expense, assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence. You must not settle any such matter without our prior written consent. This section survives termination of the Terms and of your account.

23. Dispute resolution and binding arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND DigitLumin Technologies LLC TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT LIMITS THE WAYS IN WHICH YOU MAY SEEK RELIEF. YOU MAY OPT OUT AS DESCRIBED BELOW.

Informal resolution first. Before commencing any arbitration or court proceeding, you agree to send a written description of the dispute, your handle, and the relief you seek to support@planetjoi.com, and we agree to send the same to the email address on your account for any dispute we have with you. Both parties agree to attempt in good faith to resolve the dispute for 60 days from that notice before proceeding further. This step is a condition precedent to any proceeding, and any limitation period is tolled while it runs.

Agreement to arbitrate. If the dispute is not resolved within that period, any dispute, claim or controversy arising out of or relating in any way to the Terms, the Incorporated Policies, the Creator Agreement or the Platform, including its formation, existence, validity, interpretation, performance, breach or termination, and including claims that arose before you accepted the Terms, will be resolved by final and binding arbitration before a single neutral arbitrator, rather than in court. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, or its Commercial Arbitration Rules where the dispute is with a Creator acting in the course of business, in each case as in force when the arbitration is commenced. The AAA rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration, the parties will select another established arbitral institution, or, failing agreement, a court of competent jurisdiction will appoint one. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq.

Seat, hearing and costs. The seat of the arbitration is Sheridan County, Wyoming, United States. Any hearing will be conducted by video conference or telephone unless the arbitrator determines that an in-person hearing is necessary, in which case it will be held, for a consumer, in the county of your residence or at another location the AAA rules provide, and otherwise in Sheridan County, Wyoming. Filing fees, administrative fees and arbitrator compensation are allocated as the applicable AAA rules and fee schedule provide. Each party bears its own legal fees and costs unless the arbitrator awards them under applicable law or finds that a claim or defence was frivolous or brought for an improper purpose.

Authority of the arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court has exclusive authority to decide the enforceability of the class and representative action waiver below. The arbitrator may award the same individual relief that a court could award, must follow the Terms and applicable law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

Individual claims only. To the fullest extent permitted by law, you and we each waive any right to bring, join or participate in a class, collective, consolidated, private attorney general or representative action or arbitration. The arbitrator may award relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim, and may not award relief for or against anyone who is not a party. If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and proceed in court under section 24, and this section continues to apply to every other claim.

Coordinated filings. If 25 or more demands for arbitration are filed against us that raise similar claims and are brought by or with the assistance of the same or coordinated counsel, they will be administered under the AAA’s Mass Arbitration Supplementary Rules or any successor rules, and the parties agree to cooperate in a staged process in which representative cases are resolved first and the remainder are tolled meanwhile.

Exceptions. Either party may bring an individual claim in a small claims court of competent jurisdiction if it qualifies for that court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, to prevent unauthorised access to or misuse of the Platform, or to prevent the recording or redistribution of Content. Nothing in this section prevents you from bringing a complaint to a government agency.

Right to opt out. You may reject this arbitration agreement in its entirety by emailing support@planetjoi.com within 30 days of the date on which you first accept the Terms, stating your handle, your name and a clear statement that you opt out of arbitration. Opting out has no other effect on the Terms or on your use of the Platform. If you opt out, disputes are resolved in the courts described in section 24.

Jury waiver and time limit. To the fullest extent permitted by law, you and we each waive any right to a trial by jury in any proceeding not subject to arbitration, and any claim arising out of or relating to the Terms or the Platform must be commenced within one year after the cause of action accrues, failing which it is permanently barred.

Changes. If we change this section after you have accepted the Terms, you may reject the change by emailing support@planetjoi.com within 30 days of the change taking effect, in which case the previous version of this section continues to govern disputes between you and us.

24. Governing law and venue

The Terms, the Incorporated Policies and any dispute arising out of or in connection with them or with the Platform are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and, as regards arbitration, by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute that is not subject to arbitration under section 23, including any claim in respect of which the arbitration agreement is found unenforceable or has been rejected under the opt-out, you and DigitLumin Technologies LLC submit to the exclusive jurisdiction of the state courts located in Sheridan County, Wyoming, and of the United States District Court for the District of Wyoming, and waive any objection to venue or to the convenience of the forum.

Section 25 sets out the extent to which this section is qualified for consumers resident in the European Union, the United Kingdom and Canada.

25. Consumers in the European Union, the United Kingdom and Canada

If you are a consumer resident in the European Economic Area, the United Kingdom or Canada, the following applies notwithstanding sections 18 to 24:

• Nothing in the Terms deprives you of the protection of any provision of the law of your country or province of residence that cannot be derogated from by agreement. The Terms are to be read subject to that law, and to the extent of any conflict that law prevails.
• You may bring proceedings in the courts of your country or province of residence, and proceedings against you may be brought only in those courts, where the mandatory law of that country or province so provides.
• Section 23 (arbitration and the waiver of class and representative actions) does not apply to you to the extent that the law of your country or province of residence renders it unenforceable against a consumer. That is the case, for example, for consumers resident in the European Union and the United Kingdom under the law on unfair terms in consumer contracts, and for consumers resident in Quebec and Ontario under their consumer protection legislation. Where section 23 does not apply, you may still choose to arbitrate a dispute with us by agreement made after the dispute has arisen.
• The exclusions and limitations in sections 18 to 22 apply only to the extent permitted by the mandatory law of your country or province of residence, and nothing in them excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other matter for which liability cannot be excluded or limited under that law.
• If you are resident in the European Union, the European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are not obliged to, and do not, participate in alternative dispute resolution before a consumer arbitration body.

26. Changes to the Terms

We may amend the Terms and the Incorporated Policies from time to time. When we do, we update the effective date at the top of the document concerned and, for any change that materially affects your rights or obligations, we give notice within the Platform or by email to the address on your account at least 14 days before the change takes effect, unless a shorter period is required to comply with law or to address a security or legal risk. Continued use of the Platform after a change takes effect constitutes acceptance of it. If you do not accept a change, you must stop using the Platform and may close your account before the change takes effect.

We may also modify, suspend or discontinue any feature of the Platform, or the Platform as a whole, at any time, with or without notice, and we are not liable to you or to any third party for doing so, subject to the handling of balances described in section 5 and in the Creator Agreement.

27. Electronic communications and notices

You consent to receive all communications from us electronically, including notices, disclosures, agreements and statements, by email to the address on your account or by posting within the Platform. An electronic communication satisfies any legal requirement that a communication be in writing. You are responsible for keeping the email address on your account current and for maintaining the ability to receive email at it. A notice from us is deemed received when sent, and a notice from you is deemed received when it arrives in the mailbox to which the Terms direct it.

Legal notices to us must be sent to support@planetjoi.com or by post to the address published on our Copyright Policy page.

28. General provisions

Entire agreement. The Terms, together with the Incorporated Policies and, for Creators, the Creator Agreement, constitute the entire agreement between you and DigitLumin Technologies LLC concerning the Platform and supersede any prior or contemporaneous understanding, communication or agreement, whether oral or written.

Severability. If any provision of the Terms is held to be invalid, illegal or unenforceable in any jurisdiction, that provision is to be enforced to the maximum extent permissible and is otherwise severed, and the remainder continues in full force. Section 23 sets out the specific consequence of the class waiver being found unenforceable.

Waiver. Our failure or delay in enforcing any provision is not a waiver of it or of any other provision. A waiver is effective only if in writing and signed by us.

Assignment. You may not assign, transfer, delegate or sublicense the Terms or any right or obligation under them without our prior written consent, and any attempt to do so is void. We may assign or transfer the Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of assets, without notice or consent.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, governmental action, failure of a public blockchain or of any third-party network, service or utility, and failure of the internet.

No third-party beneficiaries. Except for the Planet Parties, who may enforce sections 18 to 22, no person other than you and DigitLumin Technologies LLC has any right under the Terms.

Relationship. Nothing in the Terms creates an agency, partnership, joint venture, franchise, fiduciary or employment relationship between you and us.

Language. The Terms are drafted in English. Where we provide a translation, the translation is for convenience only, and the English text prevails to the extent of any inconsistency, save where the mandatory law of your country of residence requires otherwise.

Export and compliance. You must comply with all applicable export-control and sanctions laws in connection with your use of the Platform.

Survival. Every provision that by its nature should survive termination of the Terms or of your account does so, including sections 5, 7, 9, 12, 13, 16 to 25 and 27 to 29.

29. Notice to California residents

Under California Civil Code §1789.3, California residents are entitled to the following notice. The Platform is provided by DigitLumin Technologies LLC, whose postal address is published on our Copyright Policy page and which may be contacted at support@planetjoi.com. The charges for the Platform are described in sections 5, 6 and 10. Complaints or enquiries about the Platform may be sent to support@planetjoi.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

30. Contact

Privacy and data-protection requests: privacy@planetjoi.com
Copyright notices and counter-notices: dmca@planetjoi.com
All other matters, including support, billing, appeals, content removal, arbitration opt-out, legal notice and law enforcement: support@planetjoi.com