TERMS OF USE Last updated: October 2020 PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT.

1. Introduction
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.
By creating a Playfolly account or using Playfolly platform, you accept and agree to be bound and abide by these terms of use and our privacy policy incorporated herein by reference. If you do not want to agree to these terms of use or the privacy policy, you must not access or use Playfolly platform.
You shall be deemed to have agreed to all of the various terms in these terms of use due to your access to or continuing use of Playfolly platform. If you do not understand all of these terms of use, you should seek for legal opinions before agreeing to any of the terms of use.
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.

2. Ability to Accept Terms of Use
YOU AFFIRM THAT YOU ARE AT LEAST 16 YEARS OF AGE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. Playfolly platform is not directed to children, and if you are under the age of 16 years old, you may not create a Playfolly account or use Playfolly platform. We have zero tolerance to any form of child abuse or exploitation. At the time of registering you are asked to consent that you are 16 years or older. Playfolly does not take responsibility for any wrong or misleading information provided by the user.

 

3. Content
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.

 

4. Copyright
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 info@playfolly.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.
Playfolly platform may permit you to register for and log on to Playfolly platform via certain third-party services. The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. Further information about how we collect, use and disclose your personal information when you link your Playfolly account with your account on any third-party service can be found in our privacy policy.
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 have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use.

 

7. Trademark
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.
Unless otherwise expressly stated in writing by Playfolly platform, by agreeing to these terms of use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Playfolly platform for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting or republishing any Works without prior written consent from us.
The above described license is conditioned on your compliance with these terms of use. If you breach any provision of these terms of use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on Playfolly platform may be controlled by digital rights management technologies, which will restrict how you may use Playfolly platform. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.

 

8. Prohibited Conduct
You agree that you will only use Playfolly platform for the lawful purposes expressly permitted and contemplated by these terms of use. You acknowledge and understand that you are prohibited from modifying Playfolly platform or eliminating any of the content of Playfolly platform. You agree that you will not use or attempt to use any method, device, software or technologies to harm others or interfere with the functioning of Playfolly platform or use and/or monitor any information in or related to Playfolly platform for any unauthorized purpose.

 

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 any action with respect to any CONTENT provided by you that we deem necessary or appropriate in our sole discretion, including if we believe that such CONTENT violates these terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Playfolly platform or of the public or could create liability for us;

  • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Playfolly platform;

  • terminate or suspend your access to all or part of Playfolly platform for any or no reason, including without limitation, any violation of these terms of use.

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.
To maintain our services in a manner we deem appropriate and to the maximum extent permitted by applicable laws, Playfolly platform may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any CONTENT posted by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of CONTENT without notice or any liability to you or any third party in connection with our operation of Playfolly platform in an appropriate manner. Without limitation, we may do so to address CONTENT that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these terms of use or any applicable additional terms.
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.

 

10. Indemnification
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;
(ii)your violation of any term of these terms of use;
(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.
This defence and indemnification obligation will survive these terms of use and your use of Playfolly platform. You agree that we shall have the sole right and obligation to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

 

11. Disclaimers
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.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, SERVICE INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER ECONOMIC LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
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
These terms of use shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to choice of law principles. Should a dispute arise between the parties in connection with these terms of use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (60) days after commencement of such friendly consultations, then the parties agree irrevocably that such dispute shall be submitted to the exclusive jurisdiction of competent court of the Republic of Singapore.

 

14. Right to Amend
Playfolly may amend any of the terms of these terms of use by posting the terms. We will also update the “Last Updated” date at the top of these terms of use, which reflects the effective date of such terms of use. Your continued access to or use of Playfolly platform after the date of the updated term of use constitutes your acceptance of the updated terms of use. If you do not agree to the updated terms of use, you must stop accessing or using Playfolly platform.

 

15. Miscellaneous
If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party.
If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These terms of use and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Playfolly without restriction. Any assignment attempted to be made in violation of this terms of use shall be void.
Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to Playfolly platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Playfolly platform.
The headings in these terms of use are for convenience only and have no legal or contractual effect. These terms of use may be provided in different languages, if any inconsistency exists between different language versions, the English version shall prevail.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.
We may terminate these terms of use for any or no reason at any time by notifying you through a notice on Playfolly platform, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder. Upon termination of the terms of use, you will no longer have a right to access your account or your CONTENT. We will not have any obligation to assist you in migrating your data or your CONTENT and we may not keep any back up of any of your CONTENT. We will not be responsible for deleting your CONTENT. Note that, even if your CONTENT is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back up your CONTENT), and subject to the licenses set forth in these terms of use.The Playfolly platform are operated by PLAYFOLLY Ltd. If you have any feedback, comments, requests for technical support relating to the Playfolly platform, please send to info@playfolly.com.