All Content (as defined below) on the Playwerks website ("Website") is owned by dba "PLAYWERKS" ("Owner") or owned by third parties and posted on the Website by virtue of a license, grant or some other form of agreement between the third party and Owner. All rights reserved. 1. SERVICE The Website offers digital video, movies, and related content that may be viewed on-demand as streaming video for a specified period of time, may be downloaded and viewed, or may be downloaded and viewed for a specified, limited period of time (the "Services"). Owner has no obligation to offer on the Website any of the specific Services listed above. Certain features or offerings may not be available in all geographic locations. Owner may change or discontinue the Services at any time and without notice. Use of the Services on the Website signifies your agreement to abide by all applicable laws and these Terms of Use. If you do not agree with the Terms of Use, you should leave the Website immediately. Owner reserves the right to, in its sole discretion, modify these Terms of Use at any time, and such modification will be effective upon posting by Owner on the Website. You agree to be bound by any changes to the Terms of Use when you use the Website after any such modification is posted.
2. ACCESS AND USE All materials on this Website, including, but not limited to text, images, graphics, logos, photographs, illustrations, audio clips and video clips and stills therefrom, in all media and formats (the "Content") are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. You may only view or download Content from the Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded Content.
"PLAYWERKS" is a trademark and service mark of Owner. The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of Content from the Website is strictly prohibited unless you have obtained the prior written consent of Owner or unless it is expressly permitted by the Website. You are also strictly prohibited from creating works or materials that derive from or are based on the Content including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. Any modification of the Content or use of the Content for any other purpose constitutes an infringement of copyright and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited. You must not submit or transmit through the Website any material, or otherwise engage in any conduct that: • violates or infringes the rights of others, including, without limitation, intellectual property rights; • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network; • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or • violates these Terms of Use or interferes with the use of this Website by others. You must provide at your own expense the equipment and Internet connections that you will need to access and use the Services. If you access the Services through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Services through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you.
3. PACKAGES Owner will offer the Services and Content at different price packages, which may range from single purchases to subscription plans. The level of features that will be available to you will depend on the price package selected by you. When you make a purchase, the terms of the price package will be binding on you. Purchase are final and non-refundable. In the event we offer any free trial promotions, we may limit the number of promotions we offer to you. Any trial promotions to a subscription plan (such as free trial time) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a fee.
4. SUBMISSIONS Although comments and questions about shows are welcomed, Owner does not accept unsolicited submissions, such as creative ideas, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions or concepts. Owner’s policy is to delete any such submission without reading it or forwarding it to other staff members. Any similarity between an unsolicited submission and any elements in any Owner creative work including, without limitation, a film, series, story, title, or concept is purely coincidental. Furthermore, Owner is not responsible for the confidentiality of any information communicated to the Website. [By submitting Content to the Website, you agree that Owner has the right (in any and all media now known or hereafter devised) to publish, perform, and/or distribute the material for any purpose, including, but not limited to, advertising and promotional purposes, whether individually or as part of a compilation with other Content (the “Rights”).] You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Owner or its affiliates relating to unsolicited submissions, including, without limitation, copyright or trademark infringement, unfair competition, breach of implied contract or breach of confidentiality. [By submitting Content to the Website, you represent and warrant that you have the full right and authority to grant the Rights and that our exploitation of the Rights will not violate any rights of any persons.]
5. LINKS AND ADVERTISING Owner is not responsible for the content of any websites which may be linked to the Website. These links are provided for your convenience only and you access them at your own risk. Owner makes no representation or warranty regarding such websites or their content. You may create hypertext links to the Website, provided you first contact Owner at info@Playwerks before doing so. You must not represent in any way that you have received the endorsement, sponsorship, or support of this Website or Owner. Owner takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.
6. PASSWORDS The Website has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Website passwords. It is your sole responsibility to control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your Website password; and (c) promptly inform Owner of any need to deactivate a password. You grant Owner and all other persons or entities involved in the operation of this Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Website.
7. DIGITAL RIGHTS MANAGEMENT The Services include technology that protects and imposes limits upon your usage of video that you may download or view ("Security Components"). You may not circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the Security Components. The Services have an automated system that will identify and count the number of licenses that you have obtained from us. Owner collects this data to ensure compliance with these Terms of Use and to pay royalties to the artists and copyright owners.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS WEBSITE AND THE CONTENT THEREIN ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OWNER MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY CONTENT ON THIS WEBSITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE IS ACCURATE OR RELIABLE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. THE CONTENT PROVIDED ON THIS WEBSITE IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. NEITHER OWNER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, OR PUNITIVE), LIABILITY, CLAIM, DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSYTEM OR NETWORK, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, OR ANY OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM YOUR USE OF OR ANY INFORMATION ON THE WEBSITE.
9. INDEMNITY YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES FOR ANY AND ALL CLAIMS, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF YOUR USE OF THIS WEBSITE, [OUR EXPLOITATION OF THE RIGHTS GRANTED BY YOU HEREUNDER], BREACH OF THESE TERMS OF USE, OR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY OR OTHER RIGHTS OF THIRD PARTIES. OWNER RESERVES THE RIGHT, AT ITS EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. 10. TERMINATION Owner reserves the right to immediately terminate your use of or access to the Website at any time if Owner decides at its sole discretion that you have breached these Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that Owner considers to be inappropriate or unacceptable.
11. COPYRIGHT INFRINGEMENT If you believe any Content infringes your copyright, notify Owner of your copyright infringement claim in accordance with the following procedure. Owner will process notices of alleged infringement which it receives and will take appropriate action as required by the United States Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Website’s designated agent who is:
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): a. Identification of the copyrighted work claimed to have been infringed; b. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Owner to locate the material; c. Information reasonably sufficient to permit the service provider to contact the complaining party; d. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and e. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
12. JURISDICTION This Website is controlled and operated by Owner from its headquarters in . Owner does not represent or warrant that Content on this Website is appropriate or available for use in other locations. If you choose to access this Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. Those Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, as it is applied to agreements entered into and performed within that country. Any action brought to enforce these Terms of Use or matters related to this Website shall be brought in Switzerland. If any provision of those Terms of Use is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from those Terms of Use and the remaining provisions of these Terms of Use shall remain in force.
Copyright (c), all rights reserved.