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Planet Theta Terms of Service

Welcome to PLANET THETA!

Introduction

Thank you for using the Planet Theta platform and the products, services and features we make

available to you as part of the platform (collectively, the “Service”).

Our Service

The Service allows you to discover, meet, and interact with other users and to find love through

watching and sharing virtual reality experiences, items, video and other content, while providing forums

for people to connect, inform, and inspire others across the globe, allowing users to make both virtual

and physical purchases for their own benefit or for other users, and acts as a distribution platform for

original content creators and advertisers large and small.

Applicable Terms

Your use of the Service is subject to these terms and the Planet Theta Privacy Policy which may be

updated from time to time (together, this “Agreement”). Any other links or references provided in these

terms are for informational use only and are not part of the Agreement. Please read this Agreement

carefully and make sure you understand it. If you do not understand the Agreement, or do not accept

any part of it, then you may not use the Service.

Ownership of App & Websites; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Planet Theta website located at

www.planet-theta.com, the Planet Theta mobile applications located on Apple and Google stores, the

Planet Theta Virtual Reality App located on Steam and Meta, and all associated sited linked to the

foregoing applications and websites, its subsidiaries and affiliates, including Planet Theta websites and

applications around the world (collectively, the “Websites and Apps”). The Websites and Apps is the

property of Planet Theta LLC (“Planet Theta”) and its licensors. BY USING THE WEBSITE OR APP, YOU

AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR APP.

Age Requirement to use the Service

You must be at least 18 years old to use the Service.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this

Agreement and applicable law. You may view, listen, and interact with Content for your personal, non-

commercial use.

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter,

modify or otherwise use any part of the Service or any Content except: (a) as expressly

authorized by the Service; or (b) with prior written permission from Planet Theta and, if

applicable, the respective rights holders;

  1. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the

Service (or attempt to do any of these things), including security-related features or

features that (a) prevent or restrict the copying or other use of Content or (b) limit the use

of the Service or Content;

  1. access the Service using any automated means (such as robots, botnets or scrapers) except

(a) in the case of public search engines or (b) with Planet Theta’s prior written permission; 

  1. collect or harvest any information that might identify a person (for example, usernames or

faces), unless permitted by that person or allowed under section (3) above;

  1. use the Service to distribute unsolicited promotional or commercial content or other

unwanted or mass solicitations;

  1. cause or encourage any inaccurate measurements of genuine user engagement with the

Service, including by paying people or providing them with incentives to manipulate

metrics in any manner;

  1. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making

groundless, vexatious, or frivolous submissions;

  1. run contests on or through the Service that do not comply with Planet Theta’s contest

policies and guidelines;

  1. use the Service to view or listen to Content other than for personal, non-commercial use;

or

  1. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around,

or within the Service or Content, other than those agreed to in writing with Planet Theta

(such as compliant product placements); or (b) sell advertising, sponsorships, or

promotions on any page of any website or application that only contains Content from the

Service or where Content from the Service is the primary basis for such sales (for example,

selling ads on a webpage where Planet Theta content is the main draw for users visiting

the application or website page or pages).

Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics,

photos, text (such as comments and scripts), branding (including trade names, trademarks, service

marks, or logos), interactive features, software, virtual reality features, virtual reality areas, metrics, and

other materials whether provided by you, Planet Theta or a third-party (collectively, “Content”).

Content is the responsibility of the person or entity that provides it to the Service. Planet Theta is under

no obligation to host or serve Content. If you see any Content you believe does not comply with this

Agreement, you can report it to us.

Uploading Content

With the Planet Theta application, you may be able to upload Content to the Service. You may NOT use

your Content to promote your business or artistic enterprise. If you choose to upload Content, you must

not submit to the Service any Content that does not comply with this Agreement or the law. For

example, the Content you submit must not include third-party intellectual property (such as copyrighted

material) unless you have permission from that party or are otherwise legally entitled to do so. You are

legally responsible for the Content you submit to the Service. We may use automated systems that

analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal

content.

Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to

Planet Theta and other users of the Service, as described below.

License to Planet Theta

By providing Content to the Service, you grant to Planet Theta a worldwide, non-exclusive, royalty-free,

sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare

derivative works, display and perform it) in connection with the Service and Planet Theta’s (and its

successors; and Affiliates) business, including for the purpose of promoting and redistributing part or all

of the Service.

License to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access

your Content through the Service, and to use that Content, including to reproduce, distribute, prepare

derivative works, display, and perform it, only as enabled by a feature of the Service (such as video

playback, embeds, using an avatar or virtual reality area or feature). For clarity, this license does not

grant any rights or permissions for a user to make use of your Content independent of the Service.

Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or

delete your Content from the Service. You understand and agree, however, that Planet Theta may retain

copies of your content that have been removed or deleted. 

Right to Monetize

You grant to Planet Theta the right to monetize your Content on the Service (and such monetization may

include displaying ads on or within Content or charging users a fee for access). This Agreement does not

entitle you to any payments.

Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of

your Content before removing it. You must remove your Content if you no longer have the rights

required by these terms.

Removal of Content by Planet Theta

If any of your Content (1) is in breach of this Agreement or (2) may cause harm to Planet Theta, our

users, or third parties, we reserve the right to remove or take down some or all of such Content in our

discretion. We will notify you with the reason for our action unless we reasonably believe that to do so:

(a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal

liability for Planet Theta or our Affiliates; (b) would compromise an investigation or the integrity or

operation of the Service; or (c) would cause harm to any user, other third party, Planet Theta or our

Affiliates.

Community Guidelines Strikes

Planet Theta operates a system of “strikes” in respect of Content that violates the Planet Theta

Community Guidelines. Each strike comes with varying restrictions and may result in the permanent

removal of your content and/or user access from Planet Theta. If you believe that a strike has been

issued in error, you may appeal by contacting us on our support or contact pages.

If your content and/or user access has been restricted due to a strike, you must not use another channel

to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and

Planet Theta reserves the right to terminate your Planet Theta account or your access to all or part of

the Service.

Copyright Protection

If you believe your copyright has been infringed on the Service, please send us a notice.

We respond to notices of alleged copyright infringement as quickly as possible and we take such notices

very seriously. Planet Theta’s policies provide for the termination, in appropriate circumstances, of

repeat infringers’ access to the Service.

Account Suspension & Termination

You may stop using the Service at any time and may use the Planet Theta applications to delete your

own account.

Terminations and Suspensions by YouTube

Planet Theta reserves the right to suspend or terminate your account or your access to all or part of the

Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply

with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that

creates (or could create) liability or harm to any user, other third party, Planet Theta or our Affiliates.

Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Planet Theta unless we reasonably

believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b)

would compromise an investigation; (c) would compromise the integrity, operation or security of the

Service; or (d) would cause harm to any user, other third party, Planet Theta or our Affiliates.

Downloadable Software

When the Service requires or includes downloadable software (such as the Planet Theta applications),

unless that software is governed by additional terms which provide a license, Planet Theta gives you a

personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software

provided to you by YouTube as part of the Service. This license is for the sole purpose of enabling you to

use and enjoy the benefit of the Service as provided by YouTube, in the manner permitted by this

Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to

reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these

restrictions or you have Planet Theta’s written permission.

Ownership of App & Websites; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Planet Theta website located at

www.planet-theta.com, the Planet Theta mobile applications located on Apple and Google stores, the

Planet Theta Virtual Reality App located on Steam and Meta, and all associated sited linked to the

foregoing applications and websites, its subsidiaries and affiliates, including Planet Theta websites and

applications around the world (collectively, the “Websites and Apps”). The Websites and Apps is the

property of Planet Theta LLC (“Planet Theta”) and its licensors. BY USING THE WEBSITE OR APP, YOU

AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR APP.

Governing law, mandatory arbitration and venue

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of

Washington, United States of America, without regard to Washington’s choice or conflicts of law

principles. Further, you and Planet Theta agree to the jurisdiction of the federal and state courts located

in Western Washington, State of Washington, to resolve any dispute, claim, or controversy that relates

to or arises in connection with the Terms of Use or the use of Planet Theta that is not subject to

mandatory arbitration under the Arbitration Agreement below, and waive and jurisdictional, venue or

inconvenient forum objections to such courts.

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS

PROVIDED “AS IS” AND PLANET THETA DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES

ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT

PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY,

RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT

WILL BE ACCESSIBLE ON THE SERVICE.  

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, PLANET THETA, ITS AFFILIATES, OFFICERS, DIRECTORS,

EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS

OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR

CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

  1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
  2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
  4. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY

THIRD PARTY;

  1. ANY CONTENT WHETHER SUBMITTED BY A USER OR PLANET THETA, INCLUDING YOUR USE

OF CONTENT; AND/OR

  1. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON

WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

PLANET THETAT AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO

THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT PLANET THETA HAS

PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE,

IN WRITING TO PLANET THETA, OF THE CLAIM; AND (B) USD $500.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Planet

Theta, its Affiliates, 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 Service; (ii) your violation of any term of

this Agreement; (iii) your violation of any third party right, including without limitation any copyright,

property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This

defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or

controlled by Planet Theta. Planet Theta has no control over, and assumes no responsibility for, such

websites and online services. Be aware when you leave the Service; we suggest you read the terms and

privacy policy of each third-party website and online service that you visit.

Changing this Agreement

We may change this Agreement, for example, (1) to reflect changes to our Service or how we do

business – for example, when we add new products or features or remove old ones, (2) for legal,

regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the

opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent

situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to

the new terms, you should remove any Content you uploaded and stop using the Service.

Continuation of this Agreement

If your use of the Service ends, the terms of this Agreement will continue to apply to you and the

licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not

affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that

we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give

are for illustrative purposes.

Limitation on Legal Action

YOU AND PLANET THETA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE

SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Mandatory Arbitration Agreement

In the event a dispute shall arise between yourself and Planet Theta, it is hereby agreed that the dispute

shall be referred to Washington Arbitration & Mediation Services (WAMS) by agreement of the parties.

The parties agree to have WAMS select and appropriate arbitrator and that the site of the hearing will

be in the Seattle, WA area, to be determined by WAMS in accordance with the Washington Arbitration

& Mediation Service (or United States Arbitration and Mediation, Inc. national) Rules of Arbitration. The

arbitrator’s decision shall be final and legally binding and judgment may be entered thereon.

Each party shall be responsible for its share of the arbitration fees in accordance with the applicable

Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the

arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of

suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the

award.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS

AND MAY BE ENFORCED BY THE PARTIES.