Terms of Service
Last revised: April 18th, 2023
1. Overview
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by Playeur, Inc. (with its affiliates, “Playeur”) consisting of the website available at https://playeur.com, and its network of websites, software applications, or any other products or services offered by Playeur (the “Playeur Services”). Other services offered by Playeur may be subject to separate terms.
2. Use of Playeur by Minors and Blocked Persons
The Playeur Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your jurisdiction of residence), you may only use the Playeur Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Playeur Services are also not available to any users previously removed from the Playeur Services by Playeur. Finally, the Playeur Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PLAYEUR SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE PLAYEUR SERVICES.
3. Privacy Policy
Your privacy is important to Playeur. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information when you use the Playeur Services.
4. Your account
In order to open an account, you will be asked to provide us with certain information such as a username, email address, and date of birth. You may optionally provide your telephone number. You may use your email or telephone to confirm your identity to obtain access to your account.
You are solely responsible for maintaining the confidentiality of your account, for restricting access to your computer, email, telephone, and for all activities that occur under your account. Please make sure the information you provide to Playeur upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
Unless expressly permitted in writing by Playeur, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Playeur reserves all available legal rights and remedies to prevent unauthorized use of the Playeur Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
5. Use of Devices and Services
Access Playeur Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Playeur Services.
6. Modifications of these Terms of Service
Playeur may amend any of the terms of these Terms of Service by posting the terms. Your continued use of the Playeur Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
7. License
The Playeur Services are owned and operated by Playeur. Unless otherwise indicated, all content, information, and other materials on the Playeur Services (excluding User Content, set out in Section 8 below), including, without limitation, Playeur's trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Playeur Services are the property of Playeur or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Playeur, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Playeur Services for your personal use or internal business use only.
Playeur reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Playeur Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Playeur Services or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Playeur Services, the Materials, or any information contained in them, except as expressly permitted on the Playeur Services; or (f) any use of the Playeur Services or the Materials except for their intended purposes. Any use of the Playeur Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Playeur, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Playeur can terminate this license at any time, without notice, including where we reasonably consider that: (a) your use of the Playeur Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Playeur Services; or (c) we are unable to continue providing the Playeur Services to you due to technical or legitimate business reasons.
8. User Content
Playeur allows users to distribute live and pre-recorded audio-visual works, to use services, such as chat, comments, forums, rule contributions, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Playeur Services (“User Content”).
License to Playeur
You retain ownership of your User Content. We do however require that you grant Playeur and other users of the Playeur Services certain rights described below.
i. License to Playeur
By providing User Content using the Playeur Services, you grant Playeur and its sublicensees a worldwide, nonexclusive, royalty-free, and transferable right to use that User Content (including to reproduce, distribute, prepare derivative works, display, and perform it) in connection with the Playeur Services and Playeur's (and it's successors and affiliates') business for the purpose of promoting and redistributing part or all of the Playeur Services.
ii. License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your User Content through the Playeur Services, and to use that User Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Playeur Services (such as video playback or embeds). Note that this license does not grant any rights or permissions for a user to make use of your User Content independent of the Service.
iii. 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 Playeur Services. You understand and agree, however, that Playeur may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted for up to a year.
iv. Removal of Your Content
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Playeur Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Playeur Services and others copied or stored portions of the User Content (e.g., made a Clip); (b) Playeur used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems.
User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of Playeur or third parties. Playeur reserves all rights and remedies against any users who breach these representations and warranties.
Content is Uploaded at Your Own Risk
Playeur uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Playeur does not guarantee that any unauthorized copying, use or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Playeur shall not be liable for any unauthorized copying, use or distribution of User Content by third parties and release and forever waive any claims you may have against Playeur for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY Playeur HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Promotions
Content Creators may promote, administer, a voluntary paid subscription on, through or utilizing the Playeur Services (a “Promotion”). If you choose to promote, administer or conduct a Promotion, you must adhere to the following rules: (i) You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions. (ii) You will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Playeur has the right to remove your Promotion from the Playeur Services if Playeur reasonably believes that your Promotion does not comply with the Terms of Service or applicable law. (iii) Playeur is not responsible for and does not endorse or support any such Promotions. You may not indicate that Playeur is a sponsor or co-sponsor of the Promotion.
Endorsements/Testimonials
You agree that your User Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide , the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Playeur Services, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Playeur Services, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Playeur, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Playeur Services.
9. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Playeur Services.
You agree that you will comply with these Terms of Service and Playeur's Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access to Playeur accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Playeur Services, or perform any other similar fraudulent activity;
iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of Playeur, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
iv. harvest or collect the email addresses or other contact information of other users from the Playeur Services;
v. defame, harass, abuse, threaten or defraud users of the Playeur Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
vi. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Playeur Services or User Content, features that prevent or restrict use or copying of any content accessible through the Playeur Services, features that enforce limitations on the use of the Playeur Services or User Content, or delete the copyright or other proprietary rights notices on the Playeur Services or User Content;
vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Playeur Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate or create derivative works based upon the Playeur Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage operation of the Playeur Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used and/or licensed by Playeur, including but not limited to the Playeur Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Playeur may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Playeur, including but not limited to the Playeur Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Playeur Services;
xiii. interfere with or disrupt the Playeur Services or servers or networks connected to the Playeur Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Playeur Services; use the Playeur Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Playeur Services, or that could damage, disable, overburden or impair the functioning of the Playeur Services in any manner;
xiv. use or attempt to use another user’s account without authorization from that user and Playeur;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Playeur Services that you are not authorized to access;
xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and
xvii. use the Playeur Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Playeur takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Playeur liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Playeur Services. Your use of the Playeur Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Playeur Services will not contain any content that is prohibited by such rules.
Playeur is not liable for any statements or representations included in User Content. Playeur does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Playeur expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Playeur reserves the right to remove or redact any User Content posted or stored on the Playeur Services, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Playeur Services at your sole cost and expense. Any use of the Playeur Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Playeur Services.
10. Respecting Copyright
Playeur respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Playeur Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.
11. Trademarks
PLAYEUR, the Playeur logos, and any other product or service name, logo, or slogan used by Playeur, and the look and feel of the Playeur Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Playeur, and may not be used in whole or in part in connection with any product or service that is not Playeur's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Playeur, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Playeur may provide you from time to time.
All other trademarks referenced in the Playeur Services are the property of their respective owners. Reference on the Playeur Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
12. Third Party Content
In addition to the User Content, Playeur may provide other third party content on the Playeur Services (collectively the “Third-Party Content”). Playeur does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the Playeur Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the Playeur Services (“Reference Sites”). Playeur does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Playeur Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
13. Idea Submission
By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Playeur or its employees, you acknowledge and agree that Playeur shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
14. Termination
To the fullest extent permitted by applicable law, Playeur reserves the right, without notice and in our sole discretion, to terminate your license to use the Playeur Services (including to post User Content), and to block or prevent your future access to and use of the Playeur Services, including where we reasonably consider that: (a) your use of the Playeur Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Playeur Services; or (c) we are unable to continue providing the Playeur Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Playeur Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Playeur in operating the Playeur Services, or (iv) any content or information transmitted through the Playeur Services, is to terminate your account and to discontinue use of any and all parts of the Playeur Services.
15. Disputes
a. Indemnification
You agree to indemnify, defend, and hold harmless Playeur, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Playeur Services, any User Content you post, store or otherwise transmit in or through the Playeur Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Playeur reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Playeur, and you agree to cooperate with Playeur's defense of these claims. Playeur will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE PLAYEUR SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PLAYEUR; (B) PLAYEUR, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (“PLAYEUR PARTIES”) DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE PLAYEUR SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) PLAYEUR DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE PLAYEUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) PLAYEUR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE PLAYEUR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE PLAYEUR SERVICES SAFE, PLAYEUR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE PLAYEUR SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYEUR OR THROUGH THE PLAYEUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM “PLAYEUR” INCLUDES PLAYEUR'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
c. Limitation of Liability and Damages
i. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PLAYEUR OR THE PLAYEUR PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLAYEUR SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PLAYEUR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PLAYEUR'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLAYEUR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLAYEUR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLAYEUR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
ii. Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PLAYEUR AND RECEIVED THROUGH OR ADVERTISED ON THE PLAYEUR SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT PLAYEUR HAS OFFERED THE PLAYEUR SERVICES, USER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PLAYEUR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PLAYEUR. PLAYEUR WOULD NOT BE ABLE TO PROVIDE THE PLAYEUR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and Playeur agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PLAYEUR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PLAYEUR.
You and Playeur agree to arbitrate any dispute arising from these Terms of Service or your use of the Playeur Services, except that you and Playeur are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Playeur agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Playeur shall be sent to Playeur, Inc., Attn: Legal, 2810 N Church St, PMB 44417, Wilmington, DE, 19802. You and Playeur further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in New York County, New York; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in New York County, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of New York and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Playeur will not commence against the other a class action, class arbitration or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then the following shall apply:
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of the jurisdiction of your residence.
Any disputes, claims or causes of action arising out of or in connection with these Terms of Service shall be resolved by competent civil courts within your jurisdiction of residence.
e. Claims
YOU AND PLAYEUR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLAYEUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Miscellaneous
a. Waiver
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
b. Severability
If any provision of these Terms of Service or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
c. Assignment
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Playeur without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
d. Survival
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.
e. Entire Agreement
The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidelines, is the entire agreement between you and Playeur relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Playeur as set forth in Section 6 above.
17. Requests for Information and How to Serve a Subpoena
All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Playeur Service must be made using the appropriate level of legal process, and must be properly served on Playeur via the following address:
Playeur, Inc.
2810 N Church St
PMB 44417
Wilmington, Delaware,
19802
USA
Please note that Playeur does not accept such requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Playeur Service at issue, e.g. playeur.com, and the username at issue, e.g. the Playeur username: https://playeur.com/u/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.
