PlayOn Cloud Terms of Service

PlayOn Cloud Terms of Service

Effective Date: May 1, 2016

Agreement

These Terms of Service ("Terms") are a binding contract between you and MediaMall Technologies, Inc. ("MMT") exclusively. These Terms govern your use of PlayOn Cloud. By accessing or using PlayOn Cloud, you agree to these Terms. If you do not agree with any of these Terms, you must stop using PlayOn Cloud.

Relationship with Apple

You understand that Apple is not a party to this agreement. Apple is in no way responsible for addressing any claims by you or any third party relating to PlayOn Cloud or your use or possession of PlayOn Cloud, including, but not limited to: (i) product liability claims; (ii) any claim that PlayOn Cloud fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge and agree; however, that Apple and Apple's subsidiaries, are third party beneficiaries of these Terms, and will have the right to enforce these Terms against you.

Account Registration

To register an account with us, you must be a resident of the United States, and creating an account for yourself (and not for a business or entity). You are responsible for everything that happens on your account, including any charges incurred. You agree to use a strong password and prevent others from accessing your account.

If you are under the age of 13, then you are not permitted to register an account with us or provide your personal information to us. If you are between the ages of 13 and 18, you may register an account with us only if your parent or legal guardian has reviewed and consented to these Terms.

Your Responsibilities and Representations

You agree to use PlayOn Cloud, including all features and functionalities associated therewith, in accordance with all applicable laws. Content available via PlayOn Cloud may be protected by third-party intellectual property rights. You are solely responsible for determining whether your use of PlayOn Cloud is compatible with the license terms of any third-party content you access, view, or record via PlayOn Cloud. You understand and agree that you may use PlayOn Cloud solely in conjunction with content you are legally authorized to access and view ("Permitted Content").

You further understand and agree that your use of PlayOn Cloud, and all Permitted Content viewed through PlayOn Cloud, is solely for your own personal, non-commercial use, such as for time- and space-shifting. You shall not use PlayOn Cloud to engage in copyright infringement, including but not limited to the reproduction, distribution, modification, public performance, public display, license, or other exploitation of Permitted Content that is not authorized by the copyright holder, its agent, or the law. Additionally, you may not intentionally cause disruption of PlayOn Cloud's ability to access any of the Permitted Content, including without limitation by modifying the operation of any of the Permitted Content Services so as to render them inaccessible using PlayOn Cloud. Further, you shall not interfere with, or attempt to interfere with, the access of any user, host, or network, to PlayOn Cloud or Permitted Content.

When you record Permitted Content through PlayOn Cloud, MMT labels the recording with your full name, email address and IP address. You understand and agree that you will not circumvent, remove, alter, or otherwise tamper with this label.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

License

So long as you comply with these Terms, MMT grants you a nonexclusive, nontransferable, revocable license to use PlayOn Cloud for its intended purposes. To the extent permitted by law, you agree that you shall not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide PlayOn Cloud, attempt to do so, or assist anyone in doing so.

No Duty to Monitor

We may review your PlayOn Cloud recording activity for compliance with these Terms, but we are under no obligation to do so. You understand that when using PlayOn Cloud, you will be exposed to content from a variety of sources, and that MMT is not responsible for such third-party content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against MMT arising out of your exposure to third-party content.

Fees and Payment

You will be charged a fee for any Permitted Content you choose to record. You will be required to provide MMT with information regarding your credit card, PayPal account, or other payment method, which will be processed in accordance with our Privacy Policy. When authorizing a payment via PlayOn Cloud, you represent and warrant that any payment information you provide is complete and accurate, and that you are authorized to use the payment method. You agree to pay all charges or fees incurred by anyone using your account. We are not required to provide a refund for any reason, and you will not receive a refund, credit, or other compensation in connection with any unused or unwatched Permitted Content.

Availability of Recording

PlayOn Cloud will attempt to make your recordings, in real-time, immediately following your recording request. In other words, the majority of the time you can reasonably expect a two hour movie (for example) to take two hours to record, once requested. However sometimes temporary fluctuations in the availability of cloud computing resources required to process recording requests may delay the recording from being processed immediately, and may lead to your recording being queued for several hours before it can be processed.

Privacy Policy

The manner in which we collect, store, and process your personal information is disclosed in our Privacy Policy.

Copyright Policy

We respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act. If you are a copyright owner and you believe that your work has been used in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  1. Your name, address, telephone number, and email address (if any).
  2. A description of the copyrighted work that you claim has been infringed.
  3. A description of where the material that you claim is infringing may be found, sufficient for MMT to locate the material (e.g., the URL).
  4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. Your electronic or physical signature.

You may submit this information to: dmca@playon.tv

Other IP claims (such as trademark or patent claims) may be sent to: claims@playon.tv

It is our policy to terminate the account of any PlayOn Cloud user who we determine to be a repeat copyright infringer.

Disclaimer of Warranties, Indemnification, and Limitation of Liability

Each of the subsections below applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you.

a. Disclaimer of Warranty

PlayOn Cloud is provided "as is," without warranty of any kind.

To the maximum extent permitted by applicable law, MMT and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, partners, and licensors (collectively, the "MMT Entities") disclaim all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

In the event of any failure of MMT to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of PlayOn Cloud to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to PlayOn Cloud.

You are solely responsible for any damage to your equipment or device, loss of use, or loss of data.

b. Indemnity

You agree to indemnify and hold harmless MMT and the MMT Entities from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of PlayOn Cloud, (b) any violation of the rights of any other person or entity by you, or (c) your breach of any part of these Terms.

MMT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

c. Limitation of Liability

To the maximum extent permitted by law, MMT and the MMT Entities will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages relating to your use of PlayOn Cloud, even if MMT has been advised of the possibility of such damages.

In no event shall MMT or the MMT Entities' total liability to you for all damages, losses, or causes of action arising out of or relating to these Terms exceed (1) the amounts you paid to MMT during the twelve (12) months immediately preceding the date of your claim or (2) one hundred U.S. dollars, whichever is greater.

The limitations of liability set forth in this section will survive any termination or expiration of these Terms, and will apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Governing Law

These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws or principles. Both of us agree to submit to the exclusive jurisdiction of the state and federal courts sitting in New York County, New York for any actions not subject to arbitration.

Dispute Resolution

You agree that any dispute between you and MMT arising out of or relating to these Terms or your use of PlayOn Cloud (collectively, "Disputes") will be governed by the arbitration procedure outlined in this Section.

We hope to address your concerns without needing a formal legal case. Before filing a claim against MMT, you agree to try to resolve the Dispute informally by contacting support@playon.tv. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within sixty (60) days after submission, you or MMT may bring a formal proceeding.

You and MMT agree to resolve any Disputes through final and binding arbitration, except as set forth herein. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States County where you live or work, New York, New York, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. MMT will pay all arbitration fees for claims less than $75,000. MMT will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Either you or MMT may assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of PlayOn Cloud, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

You may only resolve Disputes with MMT on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are prohibited under our agreement.

Termination

You are free to stop using PlayOn Cloud at any time. MMT reserves the right to suspend or stop providing PlayOn Cloud at any time at our discretion and without notice. For example, we may suspend or terminate your use of the PlayOn Cloud if you are not complying with these Terms, or use PlayOn Cloud in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of PlayOn Cloud. 

Changes

We may change these Terms at any time. If we change them in a manner that is material, we will notify you before they take effect. By using PlayOn Cloud on or after the new effective date, you agree to the new Terms. If you do not agree to them, you should stop using PlayOn Cloud before the effective date. Changes are effective immediately for new users, and apply only prospectively for ongoing users.

Miscellaneous

These Terms constitute the entire agreement between you and MMT, and revokes and supersedes all prior advertising, communications, and agreements, oral or written, relating to your use of PlayOn Cloud. If any provision of these Terms is held void, invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. No provision of these Terms shall be deemed waived unless such waiver is contained in a written addendum to these Terms signed by an authorized representative of MMT.

Contact Us

Any communications to MMT relating to PlayOn Cloud or these Terms should be sent via email to the following address: support@playon.tv