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 business product or service (the “Service” or “Business Service”). By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, Playsee Rules, User Terms of Service, and, if applicable, Advertising Terms, Advertising Policies, the guidelines in the Help Center, and any other applicable policies or agreements posted on the 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.

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

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). GeoInfo is a unique feature of the 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 phone verification. 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 same to any third party without Playsee’s consent. Business shall promptly notify Playsee of any unauthorized access to its Account. Playsee shall not be liable for, and Business assumes all risks related to, a third party accessing Business’s Account. 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

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 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. Arbitration of Claims

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 contact@playsee.co. We may contact you via the email address associated with your Account, if necessary. If we cannot resolve the Claim informally, you and Playsee agree to resolve all Claims exclusively through final and binding arbitration, rather than in court, as, and except as, provided herein. 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. ANY CAUSE OF ACTION BY BUSINESS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT MUST BE INSTITUTED WITHIN 1 YEAR AFTER THE CAUSE OF ACTION AROSE OR WILL BE FOREVER WAIVED. Arbitration will be before one neutral arbitrator instead of a judge or jury. You agree that 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 commercial arbitration 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 San Francisco, California; but the arbitration may be conducted through, and the parties may attend via, video conference, telephonic hearing, or document submission. 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. If your business is outside of the United States, you and Playsee agree to resolve all Claims exclusively in Taipei District Court, Taiwan (R.O.C.). 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 the state laws of California.

4. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYSEE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE 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 SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE 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 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 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.

5. 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 SERVICE, OR ANY UNAUTHORIZED ACCESS TO OR USE OF THE 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, IF ANY, IN THE PAST 3 MONTHS PRECEDING THE CLAIM.