Welcome to the Playfolly which is operated by PLAYFOLLY Ltd. (with its affiliates, “Playfolly”) consisting of the video-sharing and streaming platform available through mobile software applications for iOS and Android, or any other products or services offered by Playfolly (“Playfolly platform”). Other services offered by Playfolly may be subject to separate terms.
You understand and acknowledge that when using Playfolly platform, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You further understand and acknowledge that you may be exposed to content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Playfolly platform with respect thereto, and agree to indemnify and hold the Playfolly platform, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of Playfolly platform.
We encourage users to upload and distribute pictures and streaming live and pre-recorded audio-visual works, to use Playfolly platform, such as pictures or videos integration, chat, bulletin boards, voice interactive services, 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 Playfolly platform.
Unless otherwise agreed to in a written agreement between you and Playfolly that was signed by an authorized representative of Playfolly, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its CONTENT in connection with Playfolly platform, you grant to Playfolly and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such CONTENT (in whole or in part), and/or incorporate such CONTENT into existing or future forms of work, media or technology.
With respect to pictures and streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such CONTENT from Playfolly platform, or generally by deregistering your account, except (a) we used it for promotional purposes; and (b) for the reasonable time it takes to remove from backup and other systems.
You shall be solely responsible for your CONTENT and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your CONTENT on Playfolly platform. You understand and acknowledge that you are responsible for any CONTENT you submit or contribute, and you, not us, have full responsibility for such CONTENT, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any CONTENT made available by you or any other user of Playfolly platform. We do not control CONTENT you provide or contribute and we do not make any guarantee whatsoever related to CONTENT submitted or contributed by users. Although we sometimes review CONTENT provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to CONTENT provided or contributed by users.
You further agree that CONTENT you provide to Playfolly platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to Playfolly platform all of the license rights granted herein.
Playfolly platform do not endorse any CONTENT on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Playfolly platform expressly disclaims any and all liability in connection with CONTENT.
Playfolly respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on Playfolly platform infringes upon your copyright, please submit a notice to us at email@example.com.
5. Feedback Submission
By submitting feedback, suggestions, documents, and/or proposals (“Submissions”) to Playfolly or Playfolly platform or its employees, you acknowledge and agree that Playfolly or Playfolly platform shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
6. Playfolly Account and Security
If you interact with us or with third-party service providers, and you provide information, including account or payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. If you use Playfolly platform over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
In order to open an account, you will be asked to provide us with certain information such as a mobile number and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your mobile phone, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to Playfolly platform or portions of it using your user name, password or other security information. You should notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Although Playfolly platform will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Playfolly platform or others due to such unauthorized use.
We, Playfolly and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through Playfolly platform, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The websites and certain materials available on or through Playfolly platform are content we own, created, authored, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Playfolly platform.
8. Prohibited Conduct
9. Content Review, Action and Termination
We have the right to:
remove any CONTENT you provide or contribute to Playfolly platform for any or no reason in our sole discretion;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Playfolly platform;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any CONTENT on or through Playfolly platform.
However, we do not undertake to review CONTENT before it is posted on Playfolly platform and cannot ensure prompt removal of objectionable CONTENT after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or CONTENT provided by any user or third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Playfolly platform, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i)your use of and access to Playfolly platform;
(iii)your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv)any claim that your CONTENT caused damage to a third party.
You use Playfolly platform at your sole risk. We provide Playfolly platform "as is" and "as available". To the fullest extent permitted by law, Playfolly platform, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to Playfolly platform and goods or services purchased and obtained through Playfolly platform, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of Playfolly platform.
We make no warranty or representation about the accuracy or completeness of Playfolly platform’ content or the content of any sites linked to Playfolly platform or that Playfolly platform will meet your requirements and assume no liability or responsibility for any
(i)errors, mistakes, or inaccuracies of content;
(ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services;
(iii)any unauthorized access to or use of our servers and/or any and all personal information stored therein;
(iv)any bugs, viruses, trojan horses, or the like which may be transmitted to or through Playfolly platform or our services by any third party;
(v)any errors or omissions in any CONTENT or for any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed, transmitted, or otherwise made available via Playfolly platform or our services; and
(vi)disputes between you and another user of Playfolly platform.
12. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLAYFOLLY’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLAYFOLLY PLATFORM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
13. Choice of Law and Disputes Resolution
14. Right to Amend