Additional Terms of Service (Business)

These Additional Terms of Service (“Business Terms” or “Agreement”) are entered into between Playsee and you accepting this Agreement (“Business” or “you”) and govern your access to and use of the Playsee Services (as defined in the User Terms of Service) for commercial or marketing purposes (the “Business Service”). By accessing or using the Business Service, you agree to be bound by these Terms, our  Privacy Notice, Playsee Rules, User Terms of Service, and, if applicable, the Subscription Terms, Advertising Terms, Advertising Policies, the guidelines in the Help Center, and any other applicable policies or agreements posted on the Business Service, which are incorporated herein by reference. These Business Terms supplement the User Terms of Service. If Business becomes an Advertiser, the Advertising Terms and Advertising Policies shall supersede and control to the extent there is a conflict with other Playsee terms, except for the Subscription Terms. 

YOU UNDERSTAND AND AGREE THAT PLAYSEE IS SOLELY PROVIDING THE BUSINESS SERVICE AS A PLATFORM AND THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONTENT AND ANY ACTIVITY THROUGH YOUR ACCOUNT. WHEN USING THE BUSINESS SERVICE, YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY CONSENT FOR COMMUNICATIONS AND FOR COMPLYING WITH ALL APPLICABLE LAWS.

ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN SEE SECTION 17 UNDER PLAYSEE TERMS OF SERVICE.  EXCEPT FOR CERTAIN TYPES OF DISPUTES OUTLINED IN THE ARBITRATION CLAUSE, YOU AND PLAYSEE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN IN COURT, INCLUDING A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS. 

1. Accounts and Requirements

(a) Accounts

Prior to and as a condition of using the Business Service, Business must create and maintain an official account (“Account”) by either (i) creating a new account with a unique username and password; or (ii) upgrade an existing user account (including by claiming a “GeoInfo” with an existing user account if you confirm that you are an owner or authorized agent of the entity listed on the GeoInfo or the owner or authorized agent of any business or brand). By creating an Account, Business represents and warrants that all information provided in relation to its Account, including name and contact information, is current, complete, and accurate. Business is solely responsible for maintaining the confidentiality of its Account username and password and may not distribute the same to any third party without Playsee’s consent. Business shall promptly notify Playsee of any unauthorized access to its Account. You are responsible for all activities that occur under your Account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, and authorized agents), and (b) we and our affiliates are not responsible for unauthorized access to your account. This also means that you are responsible and assume the risk for any individual or entity that directly or indirectly through another user (a) accesses or uses Your Content, or (b) otherwise accesses or uses the Business Services under your Account (“End User”). 

Playsee is authorized to access or allow access to Business’s Account at Playsee’s discretion for purposes consistent with this Agreement. 

If you are accepting these Terms and using the Business 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.

(b) GeoInfo

GeoInfo is a unique feature of the Business Service; each location will have a GeoInfo card where users can see the name and information of the business at that location, and Business may claim their GeoInfo as provided in these Business Terms if such Business has the authority to manage the business or brand. Playsee has the right to approve or reject any Account request and any documentation required to create and use an Account in Playsee’s sole discretion. Business may be required to complete a verification process, which may involve a phone call or other means, as determined by Playsee.

If you intend to claim a GeoInfo that has been claimed by a third-party, you must contact the third-party directly; Playsee will not be responsible for or involved in negotiations of multiple GeoInfo claims. Business may claim more than one GeoInfo under one Account as long as it has the authority to manage these locations. Business may “unclaim” a GeoInfo at any time, which will result in the following: (i) ownership of the location will be removed; (ii) Business will not be able to manage the business information (name, address, phone number, website, etc.); (iii) data and insights from this location will no longer be accessible and cannot be recovered by Business; and (iv) ads using user videos for this location will become inactive and any accumulated balance will be charged (see Advertising Terms). A Business can further feature Playsee user-created Contents checked in at the Business’s claimed GeoInfo. You agree not to use deceptive practices to get Playsee users to "follow" your profile or your claimed GeoInfo. For more information, please visit our Help Center.

2. License to Playsee

You grant to Playsee a license for any content (such as photos, videos, and text) that you, including anyone on your behalf, share, post, upload, or make available on or using the Business Service as stated in “Your Content” section in the User Terms of Service. In addition, Playsee may disclose any of your content, including advertising content and page posts, and all information associated with such content and your Account, in response to any valid legal process or subpoena or to a governmental entity or body if Playsee believes that disclosure would assist in a lawful investigation. 

3. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYSEE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BUSINESS SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLAYSEE DOES NOT WARRANT THAT OPERATION OF THE BUSINESS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE BUSINESS SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE BUSINESS SERVICE MAY, FROM TIME TO TIME, BE UNAVAILABLE, INCLUDING DUE TO PLANNED OR UNPLANNED DOWNTIME, THIRD-PARTY ACTIONS, OR FACTORS BEYOND PLAYSEE’S REASONABLE CONTROL. PLAYSEE SHALL NOT BE LIABLE FOR ANY LOSS, INTERRUPTION, OR DELAY IN THE BUSINESS SERVICE, DATA SECURITY INCIDENTS, OR LOSS OF BUSINESS CONTENT OR OTHER DATA. PLAYSEE SHALL NOT BE LIABLE FOR ANY LOSS, DELETION, OR FAILURE TO STORE ANY CONTENT. BUSINESS ACKNOWLEDGES THAT THE BUSINESS SERVICE MAY RELY UPON THIRD PARTIES, INCLUDING FOR TECHNICAL FUNCTIONS; AND PLAYSEE SHALL NOT BE LIABLE TO BUSINESS FOR ANY THIRD-PARTY ACTIONS OR CONTENT, INCLUDING CONSUMER COMMUNICATIONS, ACTIONS BY OTHER WEBSITES, OR THIRD-PARTY SERVICES. Playsee runs systems that attempt to detect fraudulent activity, but Playsee is not responsible for such fraudulent activity or any technological issues that may affect the performance of Business Service.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL PLAYSEE BE LIABLE TO BUSINESS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM, ARISING OUT OF, OR RELATED TO ITS PERFORMANCE OR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER, OR BREACH OF, THIS AGREEMENT, INCLUDING FOR THIRD-PARTY CONDUCT, VIRUSES, HACKING, THREATS, OR DATA SECURITY OR PRIVACY ISSUES, WHETHER OR NOT EITHER PARTY WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. PLAYSEE SHALL NOT BE LIABLE FOR ANY ACTION OR INACTION OF BUSINESS OR ANY THIRD PARTY, ANY BUSINESS OR THIRD-PARTY CONTENT, BUSINESS’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BUSINESS SERVICE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF THE BUSINESS SERVICE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF PLAYSEE OR PLAYSEE PARTIES, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO PLAYSEE IN RELATION TO THE BUSINESS SERVICES, IF ANY, IN THE PAST 3 MONTHS PRECEDING THE CLAIM.

5. Indemnity

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 Business Service or your account, (ii) your Content, (iii) your breach or alleged breach of these Terms or your violation or alleged violation of any applicable law, rule, or regulation, or a (iv) dispute between you and any End User or other user of our Services as defined by the User Terms of Service.