Terms and conditions - The Blue Planet Post

Terms and Conditions

Welcome to the Terms & Conditions (these “Terms“) for www.theblueplanetpost.com (the “Website“) and The Blue Planet Post email service (the “Email Service“). Please read these Terms carefully before you start to use the Website. By using the Website, you indicated that you accept these Terms, our Privacy Statement and that you agree to abide by them. If you do not agree to these Terms, please do not use the Website.

Terms
1. By accessing the website at https://www.theblueplanetpost.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Use Licence
1. Your use of all The Blue Planet Post website is governed by these Terms. The Blue Planet Post may at its absolute discretion refuse you access to The Blue Planet Post and/or cancel/terminate your registration without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your registration.
2. You will need to register to use the website by creating an account with The Blue Planet Post. This is so that we can provide you with easy access to your personal section of the website. You can register directly with us in order to use the website and The Blue Planet Post Services. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register to become a Customer, you need to submit your name and a valid email address. You are solely responsible for maintaining the confidentiality of your account, and you are fully responsible for all activities that occur under your account. You agree to notify The Blue Planet Post immediately if you suspect any unauthorised use of your account or any other breach of security. You shall be responsible for all activity occurring under your registration details and account. The Blue Planet Post cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Any accounts which have been registered with another person’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we suspect use of an invalid email address.
Customer Responsibility
1. You warrant that all information you provide on registration and contained as part of your account on this website is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
2. It is your responsibility to ensure that any services, content or information available through the website or The Blue Planet Post Services meet your specific requirements.
3. You agree to be bound, where applicable, by the Merchants’ own applicable terms and conditions, in relation to their own supply of their goods and services.
4. You agree to act in a responsible and legal manner when using The Blue Planet Post Services. You shall comply with all applicable laws, regulations and rules and undertake not to use The Blue Planet Post Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.
5. You agree not to use the website to:
  1. post content that is patently offensive and promotes racism, bigotry, hatred or harm of any kind against any group or individual;
  2. post content that contains violence, or offensive subject matter;
  3. post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  4. post content or initiate communications which are unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
  5. post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  6. create a false identity on the website, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;
  7. use the website for any illegal purpose, criminal or tortious activity, including but not limited to, fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
  8. upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual property rights;
  9. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  10. upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code, files or programs designed to interrupt, destroy, limit or adversely affect the functionality of any computer software or hardware or telecommunications equipment;
  11. attempt to gain unauthorised access to the website, in particular the non-public areas, the server on which the website is stored or any server, computer or database connected to the website;
  12. attack the website via a denial-of-service attack or a distributed denial-of-service attack;
  13. interfere with or disrupt The Blue Planet Post Services or servers or networks connected to this website, or disobey any requirements, procedures, policies or regulations of networks connected to this website;
  14. display on the website or use in connection with the website any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder;
  15. display on the website or use in connection with the website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render The Blue Planet Post liable to the payment of damages to any third party.
    1. The Blue Planet Post reserves the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including, without limitation, reporting you to appropriate law enforcement authorities.
    2. We reserve the right to remove or suspend any material posted which is, in our sole opinion, in breach of this clause, or which we suspect to be in breach of this clause at our absolute discretion. The Blue Planet Post shall be entitled to terminate your registration for breach of this clause.
Disclaimer
1. The materials on The Blue Planet Post's website are provided on an 'as is' basis. The Blue Planet Post makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, The Blue Planet Post does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Content
1. Other than personally identifiable information, which is covered under our Privacy Statement, any material you transmit or post to the website shall be considered non-confidential and non-proprietary.
2. You understand that by posting materials and/or information on the website or otherwise providing materials to The Blue Planet Post via any media, you are granting us an irrevocable non-exclusive license to use such materials and information for any purpose in the course of offering The Blue Planet Post Services.
3. You represent and warrant that: (i) you own the materials and/or information posted by you on or through The Blue Planet Post Services or otherwise have the right to grant the license set forth in this section 4, and (ii) the posting of your materials and/or information on or through The Blue Planet Post Services does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you to or through The Blue Planet Post Services.
4. You are permitted to print and download limited extracts from the website for your own personal use provided that:
  1. no documents or related graphics on the website are modified in any way;
  2. no graphics on the website are used separately from corresponding text; and
    1. The Blue Planet Post’s copyright and trade mark notices and this permission notice appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the website must always be acknowledged.
    2. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    3. You must not use, copy or reproduce any part of the materials on the website for commercial purposes, personal use or on any other digital platform without obtaining prior written consent to do so from us or our licensors.
    4. If you print off, copy or download any part of the website in breach of these Terms, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Intellectual Property
1. The website contains intellectual property, which is the proprietary property of The Blue Planet Post (“The Blue Planet Post IP”). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. The Blue Planet Post retains the rights to The Blue Planet Post IP and reserves all rights in respect of same.
2. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the website and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
3. All materials incorporated in or accessible through the website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the website), are owned, controlled or licensed by The Blue Planet Post, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the website in the ordinary course or as a resource for using The Blue Planet Post Services through the website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
4. In respect of all content or material that you submit or post on the website:
  1. you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
  2. you confirm that you have obtained the consent of any individual identified in such material to the posting of the material on the website.
    1. The Blue Planet Post IP is provided by The Blue Planet Post on an “as is” basis, and The Blue Planet Post expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any The Blue Planet Post IP. To the extent permitted by applicable law, The Blue Planet Post excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to The Blue Planet Post IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
Suspension and Termination
1. We will determine, in our discretion, whether there has been a breach of these Terms through your use of the website. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
2. You agree that The Blue Planet Post may, with or without cause and/or prior notice, immediately terminate your The Blue Planet Post account and/or your access to any The Blue Planet Post Services, or take any or all of the following actions:
  1. immediate, temporary or permanent withdrawal of your right to use the website;
  2. refusal to post or publish any material provided by you on the website;
  3. immediate, temporary or permanent removal of any contribution, posting or material uploaded by you to the website;
  4. issue a warning to you;
  5. issue legal proceedings against you for reimbursement of all costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach, on an indemnity basis;
  6. further legal action against you; and/or
  7. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    1. Without limiting the foregoing, the following will lead to a termination by The Blue Planet Post of your use of The Blue Planet Post Services: (i) breaches or violations of these Terms or other incorporated The Blue Planet Post agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) an express request by you, (iv) suspicion of fraud or (v) unexpected technical issues or problems.
    2. Termination of your The Blue Planet Post account includes removal of access to all offerings within The Blue Planet Post Services and may also exclude you from further use of The Blue Planet Post Services. Furthermore, you agree that all terminations shall be made at The Blue Planet Post’s sole discretion and that The Blue Planet Post shall not be liable to you nor any third party for any termination of your account or access to The Blue Planet Post Services.
    3. We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.
Limitations
1. In no event shall The Blue Planet Post or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Blue Planet Post's website, even if the Blue Planet Post or a The Blue Planet Post authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
1. The materials appearing on The Blue Planet Post's website could include technical, typographical, or photographic errors. The Blue Planet Post does not warrant that any of the materials on its website are accurate, complete or current. The Blue Planet Post may make changes to the materials contained on its website at any time without notice. However, The Blue Planet Post does not make any commitment to update the materials.
Links
1. This website will occasionally contain links to, and quotation of, material from other sites. These are provided for your convenience only. If you use these links, you leave the website. The Blue Planet Post has not reviewed all of the sites linked to its website and has no control over third party websites and accepts no responsibility for any content, material, information intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by The Blue Planet Post. When you access these third-party sites, you do so at your own risk, your use of such third party sites may be governed by the terms and conditions of that third party site.
2. The Blue Planet Post is not responsible for the privacy practices of other sites and expressly disclaims any liability arising out of such content or practices. Under no circumstances does The Blue Planet Post accept responsibility for, nor shall The Blue Planet Post be liable for any damages or detriment arising out of content, practices, or other media of third party links.
Modifications
1. The Blue Planet Post may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Linking to the Website
1. You may link to the website homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in anyway so as to suggest any form of association, approval or endorsement on our part where none exists.
2. You may not mirror, screen scrape or otherwise reproduce all or any part of the website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
3. If you wish to make use of material on the Website other than set out above, please address your request to [email protected].
Governing Law
1. The English courts will have exclusive jurisdiction over any claim arising in respect of, or related to, the website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms will be governed by and construed in accordance with the laws of England and Wales.