User Terms of Service
Welcome to Playsee, which is operated by Playsee Pte. Ltd. and its affiliates (“Playsee”)! These Terms of Service ("Terms") constitute a legally binding contract and govern your access to and use of the Playsee mobile application and any related websites, software applications, technologies, and our all other products or services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms, our Privacy Notice, Playsee Rules, the guidelines in the Help Center, and any other policies or agreements posted on the Service, which are incorporated herein by reference. In addition, and based on your use of the Service, you may also be bound by the Additional Terms of Service (Business), Advertising Terms, Advertising Policies, and the Subscription Terms. Please review these Terms carefully before using the Service. If you do not agree to these Terms, you must immediately stop using or accessing the Service.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE YOU AND PLAYSEE AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PLAYSEE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE
1. Changes to Terms
Subject to applicable laws, we may revise these Terms from time to time where we have a valid reason for doing so (including to improve the Service or to comply with changes in the law) and where required by applicable law, notify you in advance of such revisions, and the most current version of the Terms will be available on the Service and will govern our relationship with you. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not accept any revisions to these Terms, you should discontinue using the Service.
2. Your Account and Use
You may only use the Service if you are legally authorized to enter into and agree to these Terms. You further agree that any information, any location information, content, text, links, graphics, photos, audio, music, sound, videos, comments, messages, data, or other materials or arrangements of materials uploaded, posted, downloaded, shared, displayed, or provided by you in connection with the Service, including your name, username, likeness, personal characteristics, image, and voice (collectively, “Content”), is provided subject to these Terms.
When you create your account, you agree to provide accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. You may only use the Service in compliance with these Terms, including the other incorporated Playsee terms, policies and rules, as applicable, and all applicable laws, rules, and regulations. You are also responsible for any activity that occurs in your account, and it is important that you keep your login credentials secure. You should select a strong and unique password and not share your login credentials. You may not create more than one account, unless you have our prior written permission. If you suspect any suspicious or unlawful activity on the Service, you agree to immediately contact us. Subject to your full compliance with these Terms and all applicable laws, rules, and regulations, Playsee grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable at Playsee’s sole discretion, and non-sublicensable license to access and use the Services, including your account, as they are intended to be used and in an authorized manner.
The Service is constantly evolving, and we may change the Service from time to time, in our sole discretion. For example, we may cease (permanently or temporarily) providing the Service or any features within the Service at any time in our sole discretion, and we retain the right to create limits on use and storage in our sole discretion at any time. We may also remove, refuse to distribute, or limit distribution or visibility of any Content on the Service, suspend or terminate users, or reclaim accounts without liability to you, at our sole discretion, for any reason. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Playsee, its users, or the public.
Before using the Service for business or commercial purposes, you must create an official account and agree to our Additional Terms of Service (Business). If you are accepting these Terms and using the Service on behalf of a company or other entity, you represent and warrant that you are authorized to do so and are binding such entity to these Terms.
3. Your Content
When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, or if you generate content through our AI Services as described in Section 4 of these Terms ("your Content”), you retain your rights to your Content, subject to and except as outlined in these Terms. By using the Service, you grant Playsee a worldwide, royalty-free, sublicensable, assignable, perpetual, irrevocable, and transferable license to host, store, use, display, run, modify, adapt, edit, publish, translate, reproduce, and distribute your Content, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Content in any form and in any and all media or distribution methods (now known or later developed), in connection with the Service, including for marketing and commercial purposes. Pursuant to this license, Playsee may authorize and sub-license this license to “Business” using the “Ad Service” (as defined further in the Advertising Terms) or the “Subscription Service” (as defined further in the Subscription Terms) to promote and market your Content through the Service. You agree that your sole consideration for this license is your ability to use the Service as intended; for clarity, with this license, you give us permission to use your Content, including your name and profile picture, without any other compensation to you, than the use of our Services.
You further agree the right above-mentioned includes for Playsee to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations, users, or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Playsee, or other companies, organizations, users, or individuals, is made with no other compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have all rights, interest, ownership, licenses, consents, permissions, power and/or authority necessary to grant the rights and license granted in these Terms for your Content. You agree that such Content will be, as applicable, truthful, substantiated, lawful, and non-misleading and will not contain material subject to copyright or other proprietary rights. Playsee may access, review, screen, and delete your Content at any time and for any reason, including to provide and develop the Service or to investigate any suspected violation of these Terms or applicable law; however, Playsee has no obligation or duty to do so. You alone remain responsible for your Content and for ensuring that your Content fully complies with applicable laws, rules, and regulations. If you delete Content, it is no longer visible to other users; however, it may continue to exist elsewhere on or outside of our systems due to technical limitations, where your Content has been made public, or shared to other platforms, or is being used in accordance with the license granted, or where retention is necessary to comply with our legal rights or obligations, such as to investigate unlawful activity or violations of these Terms, or to comply with a legal process or obligation. Nothing in these Terms restricts other legal rights Playsee may have to your Content.
You should carefully consider what Content to provide; once Content is public or has been distributed to third parties, you may not be able to control its disclosure, even if you delete an original post. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any content or materials posted via or obtained by you through the Service is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any third-party content or communications on the Service or endorse any opinions expressed on the Service. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Service, and we cannot take responsibility for such content. Under Section 230 of the Communications Decency Act, we are not liable for user or third-party statements.
4. Personalized Outputs
You may provide input to Playsee (“Input”), and receive output generated and returned by the AI Services based on the Input (“Output”). To the extent your input includes personal information, such information is subject to our Privacy Notice. Input and Output are collectively “Generative Content.” For clarity, Generative Content also qualifies as Content. Playsee may use Generative Content to provide and maintain its Services, comply with applicable law, and enforce its policies. You are responsible for Generative Content, including for ensuring that it does not violate any applicable law or any of our terms, policies, or rules, as applicable.
Due to the nature of machine learning, Playsee the Output may not be unique across users and may generate the same or similar output for a third party or another user. Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Generative Content.
We may also use Generative Content that you provide to or receive from our application programming interface (API) (“API Generative Content”) to develop or improve our Services.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should not rely on any Outputs without independently confirming their accuracy. Outputs may contain material inaccuracies even if they appear accurate because of their level of detail or specificity. You should evaluate the accuracy of any Output as appropriate for your use case, including independently confirming their accuracy and by using human review of the Output.
Playsee always appreciates your feedback and other suggestions about our Service. You agree that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. You agree that we will own all rights in anything we develop based on such feedback or suggestions. By accepting your submission, we do not waive any rights to use similar or related feedback previously known to us, or developed by our employees, or obtained from sources other than you.
6. Prohibited Conduct
You are solely responsible for your use of the Service, your account, and your Content.
You may not use the Service, or enable anyone else to use the Service, in a manner that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; bullies, harasses, or intimidates; defames; or spams or solicits our users without express consent.
You must also respect our rights and adhere to the rules and policies posted on the Service.
You may not do any of the following (or assist anyone else to do so): violate or infringe our copyrights, trademarks, or other intellectual property or proprietary rights; copy, archive, download, upload, distribute, broadcast, display, make available, or otherwise use any portion of the Service or the content on the Service without our express consent; use the Service or any part for any commercial purposes without our express consent; or copy, modify, distribute, sell, or lease any part of our Service, or reverse engineer or attempt to extract the source code relating to the Service, without our express consent.
You may not use the Service or any part in ways that are not authorized by these Terms or applicable laws, rules, or regulations, nor may you help others in doing so. Please also see Playsee Rules, which outline additional prohibited activity.
We expect you to help us keep the Service a productive space for users. By using the Service, you agree that you will not: use the Service for any purpose that is illegal or prohibited in these Terms; use any robot, spider, crawler, scraper, or other automated means to access the Service or extract other users’ information without our express consent; use or develop any third-party applications that interact with the Service or other users’ content without our express consent; use the Service in a way that could interfere with other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service; use or attempt to use another’s account; post any material that contains pornography, graphic violence, threats, hate speech, or incitements to violence; upload viruses or other malicious code or otherwise compromise the security of the Service; attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access; probe, scan, or test the vulnerability of our Service or any related system or network; or encourage or promote any activity that violates these Terms or any applicable law or regulation.
While we try to keep our Service a safe place for all users, we cannot guarantee it. By using the Services, you agree that you will at all times comply with these Terms, and any other policies that Playsee makes available in order to maintain the safety of the Service, and that you will not use our Service in a way that would cause you to disobey any laws.
If you fail to comply, we reserve the right to remove any offending content; terminate or limit the visibility of your account, and retain data relating to your account in accordance with our data retention policies; and notify third parties, and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
8. Intellectual Property
The Service is protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Playsee name or any of the Playsee trademarks, logos, copyrights, or other intellectual property or proprietary content or information. All rights, title, and interest in and to the Service (including the license to your Content) are and will remain the exclusive property of Playsee and its licensors and licensees.
If you provide any suggestions for improvements to our services ("Suggestions”) to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us, and we hereby accept, all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.
Playsee respects your privacy. You can learn about our privacy practices by reading our Privacy Notice. By using the Service, you acknowledge that you have read the Privacy Notice, and understand how we process your information in providing our Service.
10. Third-Party Websites
These Terms only apply to our Service and not to any websites, applications, platforms, content, or information of third parties, even if there are third-party links or content available in the Service. Each third party will have its own terms and privacy policies. You agree that we are not responsible or liable for any third party’s terms, content, information, actions, or omissions.
The Service may contain advertisements. By using the Service and/or providing your email address, you expressly agree that we may display advertisements to you and email marketing communications to you. Because the Service contains content that you and other users post, advertising may sometimes appear near your or other user Content.
12. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Service. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies (collectively, “Messages”). To learn more about such charges, request more information from your service provider before using the Services.
By providing us with your mobile phone number you agree, among other things, to receive Messages from Playsee related to the Service, including about promotions (where we have consent or as permitted by law), your account, and your relationship with Playsee. You agree that these Messages may be received even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.
If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.
We are always working to improve the Service. This means that we may add or remove features, products, or functionalities, and we may suspend or stop the Service for all or groups of users, at any time. If we determine that you have breached our Terms, including our Playsee Rules, or have violated any applicable law, rule, or regulation, we may suspend or delete your account. If you wish to discontinue using the Service, you should do so, subject to these Terms. Upon any termination, Sections 1-7, 13-14 of these Terms will expressly survive.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PLAYSEE DOES NOT REPRESENT OR WARRANT THAT: (i) THE SERVICE WILL ALWAYS BE SECURE, ERROR-FREE, FREE OF VIRUSES OR MALWARE, OR TIMELY, (ii) THE SERVICE WILL ALWAYS FUNCTION WITHOUT DELAYS OR DISRUPTIONS, (iii) THAT ALL CONTENT OR INFORMATION ON THE SERVICE WILL BE ACCURATE, OR (iv) THAT THE SERVICE WILL MEET YOUR NEEDS.
Playsee takes no responsibility and assumes no liability for (i) any Content or information that you or any third party makes available on the Service, (ii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. You understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, offensive, indecent, or otherwise unsuited for your purposes. No advice or information, whether oral, visual, or written, obtained from Playsee or through the Services, will create any warranty or representation not expressly made herein. If you do not agree to these risks, you should immediately discontinue using the Service.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYSEE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (ii) ANY CONDUCT BY OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, (iii) ANY CONTENT OBTAINED FROM THE SERVICE, OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLAYSEE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO PLAYSEE IN RELATION TO THE USE OF THE SERVICES, IF ANY, IN THE PAST SIX MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT PLAYSEE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.
Nothing in these Terms affects your statutory rights.
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Playsee, our affiliates, directors, officers, stockholders, employees, licensors, licensees, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorney’s fees) arising out of or relating to: (i) your access to or use of the Service or your account, (ii) your Content, or (iii) your breach or alleged breach of these Terms or your violation or alleged violation of any applicable law, rule, or regulation.
17. Dispute Resolution, Arbitration and Class Action & Jury Waiver
This provision applies to the fullest extent permitted by applicable law. If there is a claim, dispute, or controversy of any kind (collectively, “Claim(s)”) involving you and Playsee, or any of its parents, subsidiaries, affiliated companies, employees, agents, officers, directors, shareholders, and/or licensors (which shall be third-party beneficiaries of this arbitration provision), arising out of or related to these Terms, the Service, or your account, you and Playsee agree to first try to resolve the Claim informally. You may contact us at email@example.com. If we cannot resolve the Claim informally, subject to applicable laws, you and Playsee agree to resolve all Claims exclusively through final and binding arbitration, rather than in court, as, and except as, provided below.
ALL SUCH CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS. BY ENTERING INTO THESE TERMS, YOU AND PLAYSEE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Arbitration will be before one neutral arbitrator instead of a judge or jury. You agree that, except where prohibited by law, the U.S. Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules, including its consumer rules, except as provided herein. You can find the AAA rules and forms at www.adr.org. Unless you and Playsee agree otherwise, the arbitration will be conducted in the county where you reside; but the arbitration may be conducted through, and the parties may attend via, video conference, telephonic hearing, or document submission.
Playsee will pay for your reasonable initial AAA filing fees that exceed $250 upon your written request only if your Claim does not exceed $5,000, provided that if the arbitrator determines that your Claim was frivolous (as measured by Federal Rule of Civil Procedure 11), you must repay any fees paid by Playsee within 14 days. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, including issues of enforceability, interpretation, applicability, and construction of this arbitration provision; the arbitrator has exclusive authority to resolve any Claim, including relating to the enforceability, interpretation, applicability, and construction of this arbitration provision. The arbitrator will issue a decision in writing but need only provide a statement of reasons if requested by a party. Any judgment on the award rendered by the arbitrator may be entered in any Court of Competent Jurisdiction. This arbitration provision shall survive termination of these Terms and your account. This arbitration provision shall not prevent either party from, in a Court of Competent Jurisdiction, seeking injunctive relief in aid of arbitration, including for matters related to intellectual property or unauthorized access to the Service, or from moving to compel or stay arbitration or enforce an arbitration award. Further, if you are not a resident of the United States, you and Playsee agree to resolve all Claims exclusively in a Court of Competent Jurisdiction. In these Terms, a Court of Competent Jurisdiction means: (a)Taipei District Court, Taiwan (R.O.C.), or (b) only if you are a consumer of the European Economic Area or the United Kingdom, your local courts. You and Playsee consent to and waive objections to personal jurisdiction and venue of such courts as applicable. Except to the extent expressly stated otherwise in these Terms or preempted by U.S. federal law, these Terms and any Claims (whether contract, tort, or otherwise) arising out of or related to these Terms or the Service will be governed by (a) the state laws of California, or (b) only if you are a consumer in the European Economic Area or the United Kingdom, the laws of the country of your residence.
[PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
a. Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any dispute with Playsee, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
Except in the event of a Mass Arbitration (as defined below), the parties agree that all Claims shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Playsee may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Rules. Except as expressly stated to the contrary below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all arbitrability issues, as well as all issues or Claims arising out of or relating to the interpretation, applicability, or enforceability of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous and not in bad faith, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
c. Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.
d. Exceptions to Arbitration. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
e. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.
f. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out by emailing us at email@example.com. The notice must be sent within thirty (30) days of your first use of the Service following the effective date of these Terms; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
g. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
h. Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California, and you and we agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the jurisdiction where you reside). In the event of litigation not subject to these Terms to Binding Arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.
i. Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with Playsee, including any revocation of consent or other action by you to end your participation in the Service or any communication with Playsee.
18. DMCA Policy
It is Playsee’s policy to terminate the user accounts of serious or repeat copyright infringers. If you believe that any Content or other materials made available via the Service violate your copyright, please send a notice of copyright infringement (“DMCA Notice”) through Playsee's Copyright Report Form, or to Playsee’s registered Copyright Agent at:
Playsee DMCA Agent
Playsee Pte. Ltd.
2570 N First Street, Suite 200, San Jose, CA 95131
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the DMCA Notice must include the following information:
- Your physical or electronic signature;
- A description of the copyrighted work you believe has been infringed upon;
- A description of the material that you believe is infringing, in a sufficiently precise manner to allow us to locate that material;
- Your name, address, telephone number, and, if available, email address;
- A statement by you that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the DMCA Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly and/or materially misrepresent that material is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
For more information, check out our Intellectual Property section in the Help Center.
19. California Residents
If you are a California resident, in you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms, including other Playsee terms, policies, and rules (as applicable) incorporated herein by reference, constitute the entire agreement between you and Playsee concerning the Service. This notwithstanding, given the nature of our Service, there may be additional terms that you may be required to agree to prior to using select aspects of the Service.
You may not transfer any of your rights or obligations under these Terms to anyone else without our express written consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Playsee's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Using the Service may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update such software, and the current version of these Terms will apply to any updates; you may be able to change your settings for downloads on your device.
These Terms do not confer any third-party beneficiary rights, except as expressly outlined in these Terms. These Terms are severable; in the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
21. Contact Information
If you have any questions, concerns or suggestions, please contact us at firstname.lastname@example.org.