Terms of Service
Welcome to Playsee! Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the Services (as defined below) provided via mobile applications and/or websites operated by Playsee ("Playsee", "us", "we", or "our"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services ("you", “Playsee users”, or " users"), whether or not the person is a registered Playsee user. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, please do not access or use the Services.
The following words and terms shall have the meanings set forth below when they are used in these Terms of Service.
"Asset" means any data, text, files, information, images, Avatar, computer graphics, photos, profiles, audio and video clips, animation, sounds, music, voice, works of authorship and other digital materials created in order to become an integrated part of the Playsee user's Content.
"Content" means any videos, information, text, graphics, photos, music, sounds, voice, location data or other materials uploaded, downloaded, generated, appearing on, or transmitted by a Playsee user on the Services.
"Platform" means the mobile applications and websites operated by Playsee.
"Services" means any and all services provided by Playsee via the Platform, including but not limited to the services provided by Playsee via the Playsee App and Playsee website.
"Avatar" means an avatar model to represent a Playsee user. Playsee user can feel free to change the face, skin color, and outfit in Avatar wardrobe. Playsee Coins will be required when purchasing unowned outfits.
ACCEPTANCE OF TERMS OF SERVICE
Acceptance. The Playsee user hereby agrees to the terms and conditions outlined in these Terms of Service. By accessing and/or using the Services, the Playsee user accepts and agrees to be bound by these Terms of Service. By checking the box, accessing, using, continuing accessing and/or using the Services, the Playsee user accepts and agrees to be bound by the most updated version of these Terms of Service (if any).
Legal Capacity. You represent and warrant that you have full legal capacity to accept these Terms and enter into a binding contract with Playsee under applicable laws. If you are using the Services and accepting these Terms on behalf of a legal entity, you represent and warrant that you are fully authorized to do so.
PROVISION OF SERVICES
Services and Alteration thereof. Playsee shall have the right to determine the Content and the way the Services are provided. The Playsee user confirms that Playsee may, at its sole discretion, cancel, modify, upgrade, alter, suspend, or terminate any and all of the Services at any time without prior notice to the Playsee user.
Limitation of Services. Playsee shall have the right to limit a Playsee user's use of any and all of the Services for any reason, without giving any prior notice to the Playsee user, including but not limited to removing or modifying any Content posted on the Platform by the Playsee user, reviewing the Content submitted by the Playsee user before the Content is posted, suspending or terminating a Playsee user's account, removing or refusing to distribute any Content, and reclaiming Playsee user's names and profile location, without liability to the Playsee user. Playsee reserves the right in its sole discretion to remove any Content or other material it reasonably believes is unlawful, could subject Playsee to liability, violates the Terms of Service or is otherwise deemed in Playsee's opinion to be inappropriate. Unless required by applicable laws, Playsee will not be obliged to take any actions for your Content or other material that Playsee deems to be inappropriate. The Playsee user acknowledges and agrees that Playsee shall not be liable to any party for any limitation of Services set by Playsee to the Playsee user.
Materials Provided by Third-party. The Playsee user acknowledges and agrees that the services offered via or relating to the Platform may be provided by a third-party, and Playsee shall have no liability for such services of third-party(ies). Playsee is entitled to, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all of such third-party services, Assets and/or materials at any time without prior notice to the Playsee user. Playsee shall not be liable for any of the foregoing measures.
Intellectual Properties of Playsee. The Services are the intellectual properties of Playsee or other right holders, as the case may be, which are protected by the applicable laws related to copyright, trademark and other proprietary rights and may not be downloaded or otherwise duplicated without the express permission of Playsee or the rights holders. All rights, title, and interests in and to the Services (excluding Content provided by the Playsee user) are and will remain the exclusive property of Playsee and its licensors. Use of any of the foregoing without obtainment of consent from Playsee is strictly prohibited and Playsee reserves all rights therein.
USE OF SERVICES & USER CONTENT
Playsee user License to Playsee. By posting Content on the Platform or providing Playsee with any Content in any other manner, the Playsee user unconditionally grants Playsee a non-exclusive, perpetual, worldwide, irrevocable, and royalty-free right (including but not limited to copyright and other rights in the Content), together with the rights of sublicense, to use the Content so that Playsee or its authorized entities can host and display the Content, compile statistics, conduct any analysis, make public, utilize, feature, modify and/or adapt the Content related to business of Playsee, promote the Services, Platform and Playsee's business, and carry out the purposes set out in the Privacy Notice and/or any other matters related to these Terms. You understand and agree that your Content may be used by us and our partners. For the avoidance of doubt, the license set forth in this Section 4 shall survive termination of these Terms of Service.
Playsee Collections. Your posting of Content videos on the Platform may be collected. You understand and agree that the collected Contents do not create any commercial or business association between you and Playsee or any of the Playsee Businesses. Neither shall you hold yourself out, or represent, to any third-party that you have any other relationship with Playsee. If you post Content that impersonates any person or entity or otherwise misrepresents your affiliation or association with a person or entity, including Playsee, such Content will be removed by us. You understand and agree that your Content videos may be collected by other users privately and/or publicly in their Collections under their respective Playsee accounts. If Playsee deems any Collections as inappropriate content based on this Terms of Service or any other Playsee rules, Playsee may, at its own discretion, take down any part or whole part of the Collections at any time. You acknowledge and agree that your Content videos will be seen and collected at any time by other users once your Content video is released to the Platform. Collections can be saved by users for later use. If a Collection is turned private, any user who has followed this certain Collection will be stopped from following and such Collection will no longer be saved. You understand and agree that Playsee or the original provider of the Collection is not required to compensate you for any type of loss due to the lost Collection. Your collection or saving of Content videos does not grant you any ownership or rights in connection with the Content videos or the Collection. Playsee or the original provider of the Content video may edit, change, and remove the Content video at any time at its own discretion without giving you any notice.
Responsibility for Content Submitted. You shall be responsible for your use of the Services, including but not limited to any Content you submit, make public, post, transmit, and/or display to the Services, together with any consequences thereof. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Playsee assumes no liability and takes no responsibility for such Content. You represent, warrant and agree that you have all rights, licenses and/or permissions to post your Content (including but not limited to music, videos, images, photos, location data and audio and video clips) on the Platform and otherwise use the Services. In case you obtain no aforementioned rights, licenses or permissions, you shall not post the Content or otherwise use the Services. You further represent, warrant and agree that the Content you post on the Platform or through the Services does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, publicity rights, image rights, rights of portrait, copyright, patent, trademark, trade secrets, other Intellectual Property Rights (defined below) or any other personal or proprietary rights.
Challenges. Users are invited to participate in challenges, where there is a theme and rules towards a task (“Challenge” or “Challenges”). Your way to win the Challenge(s) is to share related videos with location check-in. You may participate in a certain Challenge multiple times, however, only the first video that has passed our review will Playsee Coins be granted. What's fun is that the rules may not always be revealed. Playsee will decide on the best rules to showcase and to reward. That said, the rules for granting Playsee Coins based on Challenges may change any time without giving you any notice. Playsee reserves the right to change, amend, and abolish such rules at its own discretion. Challenges are invited on a regional and time basis--not everyone on the platform will be invited to a specific Challenge and Challenges will not always be there. You’re encouraged to explore the world to discover the Challenges everywhere. Playsee has the sole right to decide what Challenges to invite to what users and when to allow users to participate.
Playsee has the right to decide whether to grant Playsee Coins or not, based on its review of Content or video you posted. Playsee can retrieve granted Playsee Coins if it deems necessary. You understand and agree that you have no right in Playsee Coins granted through Challenges, and you may not claim any form of compensation or indemnification if Playsee decides to withdraw, retrieve, or cease to grant Playsee Coins to you through Challenges. You understand and agree that for videos shared during Challenge(s), Playsee is entitled to remove your videos without prior notification and may retrieve or deduct Playsee Coins from your account at any time. You may also remove or edit videos posted via Challenges, however, such removal or edit is subject to our internal review system and granted Playsee Coins may be withdrawn or retrieved if Playsee deems necessary.
Approved videos participated in Challenges may be featured on the Challenge page as examples! Be ready and be proud when the hard work has paid off!
Badges. You will be rewarded with badges based on the Content of posted videos and how they fit the theme of each badge (“Badge” or “Badges”). There are multiple levels for each Badge and the levels depend on the amount of the approved videos of that certain Badge. Badges will be given by Playsee at its sole discretion and may be retrieved if Playsee deems necessary.Playsee reserves the sole right to reward all or part of the Badges. Badges may be removed at any time by Playsee if Playsee decides certain Badges are not relevant on the Platform and will remove your Badges immediately. You can delete or edit posted videos, however, your Badge level may be retrieved or altered due to your deletion or edit. You understand and agree that you have no right in Badges, and you may not claim any form of compensation or indemnification if Playsee decides to withdraw, retrieve or cease to reward Badges to you for any reason. Badges are not available for Playsee Business accounts.
Earned Badges may be shown on your profile. Be proud of what you earn! These rules regarding Badges are not given specifically to create a scavenger's hunt concept and collection of Badges must follow the above Playsee’s rules. Discover location, share your experience, and find out what Badge you are earning!
Location information. Some features of the Services make use of your location information via the data sent by your device on which the Playsee Platform is installed and activated. To use these features, you need to enable the location function and provide your prior consent before Playsee can use your location data. Your location data will be available to Playsee, third-party service providers and all other Playsee users. You may revoke such consent at any time, however, we may cease to provide certain Services if your location information is necessary for Playsee to provide such Services. We encourage you to give correct location data to provide Playsee users with timely and accurate information. Meanwhile, as the location information will be available to all the Playsee users, you acknowledge and agree that you should be solely responsible for the issues regarding your own privacy and safety. Your Avatar may be shown on the Playsee Map where you have checked in at; therefore, please be cautious when you check in at locations.
Our Services are also made possible by partnering with Foursquare Labs Inc. in enabling the location function and providing your location data. You understand and agree that your locaiton and usage data will be shared with Foursqaure Labs Inc.
No Obligation to Monitor Content; No Liability. You agree that Playsee is not responsible for, and does not endorse, Content posted on the Platform or within the Services. Playsee has the right, but does not have any legal obligation to monitor, review, pre-screen, flag, filter, modify, edit, approve, refuse, remove or control the Content that a Playsee user posts or otherwise provided via the Services at any time for any reason, or to have such actions performed by third parties on its behalf, and Playsee is not responsible for such Content. Any reliance on any Content posted, available or obtained via the Services is at your own risk. Unless required by applicable laws, Playsee has no obligation to take any actions in response to your Content.
Playsee users shall be responsible for their Content. You shall be responsible for your posting on the Platform. Playsee is a neutral service provider and hence assumes no liability for any Content posted, stored, transmitted or uploaded by you or any Playsee users, or for any loss or damage thereto, nor is Playsee liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter during your use of the Platform. In no event shall Playsee be liable for the result of its review or approval for the Content. As a service provider, Playsee is not liable for any statements, representations or Content provided by Playsee users in the Platform or other interactive area. It is your responsibility to create backup copies of and substitute any Content you provide to us or store on the Platform at your sole cost and expense.
Removal of Content. You understand and agree that Playsee reserves the right to remove Content (1) if the Content violates Playsee's Terms of Service or any of Playsee's rules that must be followed when using the Services provided by Playsee via the Playsee App and Playsee website; or (2) if the Content is checked in at the wrong locations. You understand and agree that once you change the location of the Content, your Content may be removed from Playsee Business' profile or Collections you once checked-in at. Your collected videos may also be un-collected.
Right to Submit. You represent and warrant that you have all right and authority to grant the rights you grant herein with respect to the Content you submit. You agree to assume any and all liabilities and responsibilities, including all loss and damages suffered by Playsee, resulting from your lack of rights or authority with respect to the Content you submit.
Permitted Use. The Playsee users may post the Content on the Platform, share the Content on other platforms and purchase the Assets as permitted in the Services, subject to the Playsee users complying with these Terms. The Playsee users shall use the Services in accordance with the Terms, applicable laws, and generally accepted practices or guidelines in the relevant jurisdiction.
Access and Disclose Playsee users Content. Playsee reserves the right to access, read, preserve, and disclose any Content or information you submit as Playsee reasonably believes is necessary.
No Intervention. You are solely responsible for your interactions with other Playsee users, whether online or offline. You agree that Playsee is not responsible or liable for the conduct of any Playsee users. Playsee reserves the right, but is not obligated, to monitor or become involved in disputes between you and other Playsee users. Please exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
Data Usage. You acknowledge that some Content may be large or may initiate the ongoing delivery of content based on usage, and significant data charges may result from delivery of such Content over a data connection. You agree that you shall be responsible for any and all data charges you incur through the use of the Platform and Services.
Create an Account. You may get started with a visitor account where Playsee generates a unique visitor username to allow access. However, we strongly recommend for the user to change the default visitor username and set an easier-to-remember password to the visitor account to protect the Contents. Playsee is not obligated to retrieve log-in and Content if you do not create a password and lose access to your visitor account. You register for an account in order to gain access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. Information provided to Playsee for registering for an account shall be true, accurate, complete, and kept up-to-date. In order to carry over an existing account onto another device, the Playsee users will need to log in with existing account onto another device.
Use of Account. You shall keep your account password secure and not transfer or lend your account to others. You are responsible for managing your password with due care to prevent any unauthorized use. You are solely responsible for the activity that occurs on your account. You must notify Playsee immediately of any breach of security or unauthorized use of your account. Playsee will not be liable for any losses caused by any unauthorized use of your account. You shall not use another Playsee user's account without permission. You understand and agree that your rights to the Services expire and cannot be reactivated if your account has been deleted irrespective of any reason, including but not limited to where the account was accidentally deleted by you.
Playsee's Right to Reject Account. Playsee may reject the registration for your account or suspend or delete your account without giving prior notice to you if Playsee deems it appropriate.
Message Request. If a user whom you are not following sends you private messages, the messages would be put in the message request queue until you accept and allow this certain user to send you further messages. You have the option to block this user from messaging you, accept the existing and future messages, or delete the existing messages. If you choose to block the user from messaging you, the user would not be notified of such action. If you notice certain users have violated the Playsee Rules, please report to Playsee immediately.
Private Account. You may choose to turn your account to private mode and prevent non-follower users to see your profile. Users would need to send you a follow request if they choose to follow you. You have the option to confirm or delete such request. If you choose to delete the request and not allow the user to follow you, the user would not be notified of such action. However, they can still request to follow you. If you wish to prevent any further follow requests from certain users, simply block the users from their profiles. When you turn your account from private to public mode, all the pending follow requests would be automatically accepted. Report to Playsee immediately if you notice certain users have violated the Playsee Rules.
Content Comment Restriction. You have the options to restrict comment function on your Content. If a certain user is not allowed to comment, he/she would not be able to publish comments on your Content and you would not be able to receive any comments.
Private Posts. You may turn certain Content to private mode while you are publishing the Content. When a Content is private, only you would be able to see such Content. However, you would not receive any Playsee Coins, Virtual Goods or rewards based on a private Content. You may not turn Challenges or rewarded Content to private mode.
VIRTUAL MONEY AND VIRTUAL GOODS
Playsee offers Virtual Money, i.e. the Playsee Coins, to Playsee users by the means specified by us such as Content sharing, in-app purchases, and special offers. Playsee reserves the right and in our sole discretion to decide the details regarding the payment methods, units, and all other conditions regarding the Playsee Coins and displays such details accordingly upon the Services. Our Virtual Goods, including Avatar outfits, items, services or paid subscription, will be available for Playsee users to redeem using Playsee Coins. We have the right to offer, modify, suspend, eliminate, and/or terminate Virtual Money, Virtual Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. You understand that Playsee will not be held accountable for any loss or damage related to your inability or failure to access or use Virtual Money, Virtual Goods, the Content, and/or the Services. Playsee reserves the right to remove any Virtual Goods from the Platform (whether it is Avatar outfits, In-App Features, items, services or paid subscription) after you have purchased/redeemed/been gifted it. Playsee will not be refunding any cost or payment you have paid for such Virtual Goods. At Playsee’s sole discretion, Playsee may decide whether or not to reimburse, what to reimburse and to reimburse with alternatives by cases in relation to the removal of Virtual Goods.You acknowledge and agree that you may not seek compensation, reimbursement or have any claims against Playsee with regard to the removal of Virtual Goods.
Purchases made through the Services are limited to the Playsee users who own the accounts. A Playsee user who owns an account must reach the age legally required to consent to a contract in their country of residence, or has obtained the consent of his/her parent or legal guardian to use the Services. We recommend that the parents or legal guardians to consult the app stores’ (Apple App Store and Google Play Store) settings for the App to restrict in-app purchases by a minor. It is also suggested that a parent or legal guardian monitor activity in the minor's Playsee account periodically, including the purchase of Virtual Money or Virtual Goods.
Virtual Money or Virtual Goods do not represent any monetary value or economic interest. No acquisition of any legal ownership rights in or to the Virtual Money or Virtual Goods will be granted or provided to you through your use of Playsee. You acknowledge that any balance of Virtual Goods or Virtual Money does not reflect any stored value and agree that Virtual Money and Virtual Goods do not constitute currency or property of any type, nor can they be transferred or exchanged to any real world currency or goods.
Virtual Money cannot be exchanged or used for any other purchases, services or purposes other than the specified items offered by Playsee. Within Playsee App, Virtual Money may be redeemed for Virtual Goods but can never be sold, transferred, or exchanged for any other tangible or intangible goods or services from Playsee or anyone else. In any case, you are not allowed to use Virtual Money to exchange or purchase any real world currency, money, property, merchandise, or services outside of the Platform. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means permitted by Playsee, and not from any third party unless expressly authorized by us. Virtual Money or Virtual Goods are non-transferrable, which means you may not transfer them to another individual or Playsee user's account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and we will, at our sole discretion, cancel or retrieve Virtual Money or Virtual Goods, or terminate or suspend your Playsee user account immediately.
If we find that you acquire Playsee Coins by selling accounts or coins, using bot service, deleting videos upon receiving Playsee Coins, using altered/falsified GPS check-in, or any other deceptive methods, Playsee has the sole discretion to suspend or terminate your account without further notice.
During your use of Virtual Money, you may redeem Virtual Money for selected Virtual Goods. Playsee provides all Virtual Money and Virtual Goods in "as is" condition without any warranty or representation. You acknowledge and agree that all sales or provision of Virtual Money and Virtual Goods are final and no exchanges or refunds for any unused Virtual Money or Virtual Goods is available once the transaction has been completed.
In no circumstances will Playsee Coins be refunded for any reason, unless applicable laws require otherwise. If required by applicable laws, Playsee shall process refunds in accordance with the relevant laws, and such information and details will be made available on Playsee's website then.
The usage methods of Playsee Coins, issuance of Playsee Coins and use rules, etc. shall be subject to the terms and conditions and guidelines adopted, amended and announced by Playsee ("Virtual Money, Virtual Goods and Redemption Rules").
RESTRICTIONS OF USES
Playsee reserves the right (but is not obligated) at all times to remove or refuse to distribute any Content on the Services, and to suspend or terminate your account(s) without liability to you.
Violating or attempting to violate the security of the Services including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with Services to any Playsee users, host or network or sending unsolicited email;
Accessing or attempting to access the Services by any means other than through the interface that is provided by Playsee, including but not limited to accessing the Services through any automated means (including use of scripts, crawlers or similar technologies);
Unless with the written consent of Playsee, using the Services for commercial purposes, including but not limited to posting any Content for advertising, promoting or selling products or services of the Playsee users or other third parties; and
Directly or indirectly violating any applicable laws, statutes or regulations.
The Playsee Rules set forth and detail what is prohibited on the Services. Playsee users are required to follow the rules in connection with the use of the Services. The Playsee users shall not engage in any prohibited activities set out in the Playsee Rules.
Some of the Services may contain advertisements and/or promotions. The format, type and content of the advertising and promotions may change from time to time. You hereby acknowledge and agree that, in consideration of Playsee providing you with the Services, Playsee may place such advertising and/or promotions on or as part of the Services or in connection with the display of Content or information submitted by you and/or other Playsee users. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. For the avoidance of doubt, in no event shall you have the right to charge or share profits with Playsee for such placement of advertisements and/or promotions. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Playsee does not assume any liability for or endorse, guarantee or assume any responsibility for any products or services advertised or offered by the advertisements and/or promotions placed on the Services.
The Playsee Privacy Notice shall be considered a part of these Terms of Service. As a result of the Internet evolving constantly, security features and privacy policies may change from time to time. Playsee reserves the right to amend or modify its Privacy Notice at any time. Playsee users should review the Privacy Notice on a regular basis so they are apprised of any changes.
During your use of Playsee, in order to connect you with your existing friends, we provide an optional cross-reference function so that the phone numbers in your address book will sync with your and your addressees’ Playsee accounts. You understand and represent that you will obtain consents from your addresses in your address book for Playsee to initiate cross-reference function.
We take appropriate technical and organizational security measures to protect the personal data we have collected. However, please note that no security measures are perfect or impassable. In the event of a security or data breach, you understand and agree that Playsee is not liable for loss or damage of the information, data, content and any other materials you may have provided to the extent permitted by the applicable law.
We respect the Intellectual Property Rights of others and expect Playsee users to do the same.
For the purposes of this Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your Content, you affirm, represent and warrant the following:
Your Content will not violate any law or infringe any rights of any third-party, including but not limited to any Intellectual Property Rights or privacy rights
To the extent that you use our Services for any commercial purpose and your Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that Content.
Playsee takes no responsibility and assume no liability for any Content that you or any other Playsee users or third-party creates, stores, shares, posts or sends via the Services. You shall be solely responsible for your Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a platform for your online distribution and publication of your Content. If your Content violates the Terms of Service, you shall be solely responsible for any and all liabilities thus incurred.
If you believe that your copyright is infringed by another Playsee user, you may provide us with a notice containing the following:
Contact information: your name, address, telephone number, fax number, email address, and other contact information sufficient for us to contact you;
The name of the work of the copyright alleged to have been infringed;
A statement requesting for the removal or disabling of access to the content infringing the copyright;
A description sufficient to permit us to identify and locate the content claimed to be infringed;
A statement that you believe in good faith that the use of the content claimed to be infringed is unauthorized or in violation of the Copyright Law; and
A representation that you consent to any and all liabilities which may be incurred under the applicable laws if any of the information contained in the notice is untrue or inaccurate and therefore prejudice to others.
The notice shall be provided in writing and served to us by mail or fax with the physical signature or affixing of a seal from the right holder or its authorized agent. The right holder or its authorized agent may send via email a scanned copy of the notice with the physical signature or affixing of seal from such right holder or its agent to us, under which an electronic signature is not required. In case the notice is issued by an authorized agent, please provide us with the name of the right holder, together with a statement that such agent is duly authorized to act on behalf of the right holder.
Contact information of Playsee's designated copyright agent for notice of alleged copyright infringement:
Copyright Agent — Playsee
If you repeatedly infringe other people's Intellectual Property Rights, we will limit your access to the Services and/or disable your account if appropriate. In the event you repeat the act of infringement as contemplated in these Terms, in excess of three (3) times, we will terminate the Services provided to you in whole or in part. Playsee may at its sole discretion limit your access to the Services regardless of repeat infringement.
You may ask Playsee to delete your account and withdraw yourself from using the Services at any time, unless otherwise objected to by Playsee.
Playsee may terminate your account and any Playsee user's access to or use of the Services or any portion thereof, immediately, at its sole discretion for any reason, without notice, at any time, and without liability to you. Termination under this Section shall be in addition to, and not a waiver of, any remedy at law available to Playsee. If we terminate your access to the Services or you deactivate your account, your Content, comments, likes, and all other data will no longer be accessible through your account, but these materials and data may remain and appear within the Services (e.g., if your Content has been reposted by others or any material or data that have been altered and then uploaded/posted by other Playsee users).
If you delete, terminate or deactivate your account, unused Virtual Money and unused Virtual Goods will become inactive and will not be recovered. You may not ask for any compensation from Playsee with regard to the inactive and unrecovered Playsee Coins.
Upon termination, Playsee shall have the right, among others, to remove, cancel or take down any and all Content posted or otherwise provided by a Playsee user. Playsee may further notify any other Playsee users or any other person of such termination to the extent that Playsee deems appropriate.
All provisions that by their express terms or nature are intended to survive, including but not limited to disclaimers, limitations of liability, and Playsee users indemnification provisions, shall survive the termination of these Terms of Service.
DISCLAIMER AND LIMITATION OF LIABILITY
No Liability from Playsee users' Activities. Playsee, its affiliates, representatives, employees, directors, officers, and agents are not responsible for the conduct of any Playsee users' activities on Services, or any Playsee users' use of the Services, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Playsee users' conduct.
No Liability from Information Posted by Playsee users. Playsee, its affiliates, representatives, employees, directors, officers, and agents are not responsible, and shall have no liability to it or anyone else for any material posted by such Playsee users or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Playsee users or third-party. Playsee, its affiliates, representatives, employees, directors, officers, and agents shall have no obligation to review any of the Content posted by Playsee users on the Platform.
No Liability from Services, Platform Error or Interruption. Playsee, its affiliates, representatives, employees, directors, officers, and agents shall not in any way be liable to Playsee users or any third parties for any loss, injury, claim, liability or damage of any kind resulting from (i) any errors or inaccuracies in or omissions from the Platform or any Services thereof; (ii) the unavailability or interruption of the Services or any features and applications thereof; (iii) a Playsee user's use of the Services; (iv) the Services provided or the Content contained on the Platform; (v) any delay or failure in performance due to the use of or inability to use the Services; and/or (vi) the cancellation, termination or alteration of the Services, in whole or in part, attributed to a Playsee user.
Disclaimer of Provision of Services. The Platform and/or the Services provided through the Platform are provided on an "AS-IS"and "AS-AVAILABLE" basis and Playsee HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, QUALITY, CONDITION, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR NON-INFRINGEMENT. To the maximum extent permitted by law, all such warranties, representations, conditions and terms are hereby excluded. Playsee users assume full responsibility and risk for the use of the Services on or through the Platform.
No Representation of Accuracy or Ability. Although Playsee will endeavor to ensure maximum integrity and accuracy of the Services to a commercially reasonable extent (and in any case to the degree required by applicable law), Playsee makes no representations, warranties about the validity, legality, accuracy, quality, reliability, stability or completeness of the Services, and any information or materials provided thereon.
Own Risk. Any materials downloaded or obtained otherwise through the use of the Services should be at each Playsee user's sole discretion and risk and each Playsee user is solely responsible for any damage to its computer system or loss of data that results from the download or use of any such material.
No Implied Warranty. Playsee does not provide any warranties about the Services other than those expressly stated in these Terms of Service.
Links to Other Platforms. The Platform may contain links to third-party platforms. These are provided solely as a convenience to Playsee users and not in any way as an endorsement by Playsee of the content on such third-party platforms. If any Playsee users accesses any linked third-party platforms, such Playsee users(s) does so entirely at its own risk.
Cooperate with Government Authorities. Playsee reserves the right to cooperate fully with government, courts, prosecution or investigation agencies, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Playsee may disclose a Playsee user's identity, contact and any other information, if requested by a government, a court, a prosecution or investigation agency, a law enforcement body, a private investigator or an injured third-party, or as a result of a subpoena or other legal action, and Playsee shall not be liable for damages or results thereof and the Playsee users agrees not to bring any action or claim against Playsee for such disclosure.
No Consequential Damages. In no event shall Playsee, its affiliates, representatives, employees, directors, officers, and agents be liable for any damages including, without limitation: special, direct, indirect, incidental or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not Playsee has been advised of the possibility of such damages, arising out of or in connection with the use of the Platform; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any Playsee users.
Others. Playsee, its affiliates, representatives, employees, directors, officers, and agents shall not be liable to Playsee users for any loss and damage which may be incurred to Playsee users, including but not limited to loss or damage as a result of the following:
Any reliance placed by Playsee users on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the Playsee users and any developer, advertiser or sponsor whose advertising appears in the Services;
Any changes which Playsee may make to the Content or Assets or on the Services, or for any permanent or temporary cessation in the provision of the Services;
The deletion of, corruption of, or failure to the Services, any content and other communications data maintained or transmitted by or through Playsee users' use of the Services; and
Playsee user’s failure to provide Playsee with accurate account or other information.
Aggregate Liability. Without prejudice to the above and subject to applicable laws, the aggregate liability of Playsee, its employees, agents, directors, officers, affiliates, representatives, assigns, third-party suppliers of information or documents or anyone acting on its behalf with respect to each Playsee user for all claims relating to the use of the Services and the Platform shall be limited to one hundred U.S. dollars (US$100.00); such amount shall be in lieu of all other remedies which Playsee users may have against Playsee and shall not preclude the requirement by Playsee users to prove actual damages.
PLAYSEE USER INDEMNIFICATION
Each Playsee user agrees to indemnify, defend and hold harmless Playsee, its employees, agents, directors, officers, affiliates, representatives, assigns, third-party suppliers of information or documents or anyone acting on its behalf from any liability, demand, claim, loss, expenses (including but not limited to court expenses and attorney fees) and damages related to such Playsee user's violation of these Terms of Service (including but not limited to the representatives and warranties provided by Playsee user herein), the Playsee user’s use of the Services, or alleged or actual infringement or violation of the rights of others, including but not limited to the infringement of privacy rights, publicity rights, image rights, rights of portrait, patent, copyright, trademark, trade secrets or any other Intellectual Property Rights in connection to the Content or materials provided by the Playsee users on the Services. Playsee reserves the right to assume the sole and exclusive defense and control of any matter subject to indemnification by Playsee users, which shall not excuse a Playsee user's indemnity obligations. Playsee users shall immediately compensate Playsee upon and in accordance with Playsee's request for Playsee's loss, damage or expense (including but not limited to attorney fees) directly or indirectly (including but not limited to cases where Playsee has been sued for damages by a third-party) arising out of or in connection with the Playsee user’s use of the Services.
Playsee may revise these Terms of Service from time to time, including any of the policies which may be applicable to the use of the Services by posting such revisions on the Platform. By continuing to use of the Services, you agree to the revisions and agree to be bound by them.
Governing Law and Jurisdiction. These Terms of Service shall be governed by the laws of the Hong Kong Special Administrative Region, without reference to conflict of laws principles. Any dispute arising out of these Terms of Service shall be referred to the jurisdiction of the jurisdiction of the courts in Hong Kong.
No Agency. These Terms of Service shall in no way create, or intend any agency, partnership, joint venture, employment or franchise relationship to be created, between Playsee users and Playsee.
Severability. If any provision or portion of these Terms of Service shall be deemed unenforceable or invalid by any court of competent jurisdiction, such provision or portion shall be struck out and other provisions or portion of these Terms of Service shall remain in full force and effect. Any such unenforceable or invalid provision or portion thereof shall be changed so as to best accomplish the objectives of such provision or portion within the limits of applicable law(s).
No Waiver. No waiver or failure by Playsee to enforce any right or act with respect to any breach by a Playsee user under these Terms of Service shall be deemed to waive Playsee's right to act with respect to any subsequent breach.
Assignment. Playsee shall have the right to assign these Terms of Service in whole or in part to any person or entity. Playsee users may not assign these Terms of Service to any person or entity unless otherwise agreed by Playsee.
The Services are operated and provided by Playsee. If you have any questions about these Terms, please contact firstname.lastname@example.org.
UPDATED ON 2019/11/27