User Terms of Service

Welcome to 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. 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.

1. 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. 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 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 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, 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, the laws of the country of your residence.

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 incorporated policies and rules, 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, and non-sublicensable license to access and use the Service, including your account, as it is 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, 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, 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 “Ad Service” (as defined further in the Advertising 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 compensation to you; and your only consideration is use of the Service.

You further agree the right abovementioned 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 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 or individuals, is made with no 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 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 have complete immunity for user or third-party statements.

4. Disclaimers, Limits of Liability

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 any content or information that you or any third party makes available on the Service. 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. If you do not agree to these risks, you should immediately discontinue using the Service.

PLAYSEE 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, 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.

5. 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.

6. 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. 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.

One or more patents, trademarks, logos, or other intellectual property rights owned by Playsee or its affiliates are listed here. 

7. Privacy

For information about our privacy practices, please read our Privacy Notice. By using the Service, you agree that you have read and agree to the terms of the Privacy Notice.

8. 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.

9. Advertisements

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.

10. Termination

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, 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.

11. Changes to Terms

We may revise these Terms from time to time, 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.

12. Indemnity

You agree, to the 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.

13. Miscellaneous

These Terms, including the documents 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.

14. Feedback and Contact Information

We always appreciate your feedback and other suggestions about our products and services. 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. 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. If you have any questions, please contact us at contact@playsee.co.