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licenses: remove duplicated Plex license
Signed-off-by: Itai Ferber <itai@itaiferber.net>
This commit is contained in:
Itai Ferber
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Revised April 11, 2024
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By using or otherwise accessing the Plex website, a Plex software,
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mobile, or web application(s), or any related Plex service(s)
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(collectively, the “Plex Solution”), you accept and agree to the
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following Terms of Service (this “TOS”). Plex GmbH and its affiliates,
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including Plex, Inc., a Delaware company, (together, “Plex”) is willing
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to license and permit use of the Plex Solution subject at all times to
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agreement with this TOS. If you do not agree to this TOS, do not use the
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Plex Solution.
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1. LICENSE.
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Overview. For more information regarding the currently available Plex
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Solution, please click here[^1]. The Plex Solution is provided pursuant
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to this TOS to individual persons (and not entities) residing in the
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countries or regions where Plex makes available its products and
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services.
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General Plex Solution Grant. The Plex Solution is made available by
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Plex, and this TOS provides to you (identified herein as “you” or a
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“user” or with “your” (as further described below)) a personal
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(non-commercial), revocable, limited, non-exclusive, nontransferable,
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and non-sublicensable license to access and use the Plex Solution (by
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you and your Authorized Users (as defined below)) conditioned on your
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continued compliance with this TOS. You may print and download Plex
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materials and information from the Plex Solution solely for your
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personal use, provided that all hard copies contain all copyright and
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other applicable notices contained in (or that are required to be
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displayed with) such materials and information and that you (or your
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Authorized User(s)) do not further distribute or disclose such materials
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and information. The content layout, formatting, and features (or
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functionality) of and online or remote access processes for the Plex
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Solution shall be as made available by Plex in its sole discretion. You
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also acknowledge and agree to the following: (i) Plex has the right to
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control and direct the means, manner, and method by which the Plex
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Solution is provided; (ii) Plex may, from time to time, engage
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independent contractors, consultants, or subcontractors to aid Plex in
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providing the Plex Solution or use thereof; and (iii) Plex has the right
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to provide the Plex Solution to others.
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Additional License Restrictions. When using the Plex Solution in
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accordance with the foregoing license, you shall not directly or
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indirectly (a) use the Plex Solution to create any service, software or
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documentation that performs substantially the same functionality as the
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Plex Solution, (b) disassemble, decompile, reverse-engineer, or use any
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other means to attempt to discover any source code, algorithms, trade
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secrets, or applications underlying the Plex Solution or any of its
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tools, content, or features, (c) encumber, sublicense, transfer,
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distribute, rent, lease, time-share, or use the Plex Solution in any
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service bureau arrangement or otherwise for the benefit of any third
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party, (d) adapt, combine, create derivative works of, or otherwise
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modify the Plex Solution, (e) disable, circumvent, or otherwise avoid or
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undermine any security device, mechanism, protocol, or procedure
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implemented in the Plex Solution, (f) use or access the Plex Solution
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for any unlawful, fraudulent, deceptive, tortious, malicious, or
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otherwise harmful or injurious purpose, (g) remove, obscure, deface, or
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alter any proprietary rights notices on any element of the Plex Solution
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or accompanying documentation, or (h) use the Plex Solution in any
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manner which could damage, disable, overburden, or impair the Plex
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Solution or interfere with any third party’s authorized use of the Plex
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Solution.
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PMS Software Download(s). Plex may make downloadable software or a
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mobile application(s) available through or as a part of the Plex
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Solution for use in connection with your personal media management (“PMS
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Software”). The right to use the PMS Software is provided as a part of
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the grant (above) to use the Plex Solution in accordance with this TOS
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and subject to the following additional obligations. You may only use
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the PMS Software: (i) on a device or hardware that you own; (ii) to add
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Content (defined below) to that PMS Software; and (iii) and as a part of
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your use of the Plex Solution or other Plex service. You hereby
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acknowledge that the PMS Software may include or allow integration with
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certain third-party executable modules that may be subject to additional
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license terms and conditions. References to the Plex Solution herein
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shall include the PMS Software and any integrated third-party executable
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module(s) that you utilize.
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Interfacing Software. “Interfacing Software” means any software that you
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obtain or provide and that accesses or calls any PMS Software provided
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by Plex as part of the Plex Solution including, but not limited to,
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plug-ins for the Plex Solution, channel plug-ins, metadata agents, and
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client applications that communicate directly or indirectly with the
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Plex Solution. You are responsible and liable for any Interfacing
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Software, including any data collection that may be undertaken or occur
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through the Interfacing Software. Plex encourages the implementation and
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adherence of data collection and use practices substantially similar to
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those articulated in the privacy policy of Plex (identified below). By
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making, or assisting others in making, available any Interfacing
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Software, you hereby grant Plex a worldwide, non-exclusive, and
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royalty-free right and license to use (including testing, hosting, and
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linking to), copy, publicly perform, publicly display (including
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screenshots), reproduce in copies for distribution, market or promote
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(as a part of the Plex Solution or other services of Plex), and
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distribute the copies of any Interfacing Software (or its associated
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name). In connection therewith, you hereby agree to provide and include
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(or link to) a privacy notice summarizing practices consistent with the
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privacy policy of Plex noted below and include in the source code of the
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Interfacing Software a copyright notice of the form: Copyright © <year>
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<copyright holders>. Any data collection by Plex shall be in a manner
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consistent with Plex’s privacy policy (noted below). Subject to the
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inclusion by Plex of this notice (if first provided to Plex by you), you
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grant, and authorize Plex to grant on your behalf, if necessary, a
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license, free of charge, to any person obtaining a copy of the
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Interfacing Software and associated documentation files from Plex, to
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deal in the Interfacing Software without restriction, including, without
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limitation, the rights to use, copy, modify, merge, publish, distribute,
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sublicense, and/or sell copies of the Interfacing Software, and to
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permit persons to whom the Interfacing Software is furnished to do so.
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You represent and warrant that you have all rights necessary to make the
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foregoing grants, and you further agree that you will use and integrate
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the Interfacing Software in a manner consistent with acceptable use of
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the Plex Solution pursuant to this TOS. You may notify us (please click
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here[^2]) if you do not wish for Plex to use the Interfacing Software
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that was created by and is owned by you. Any such notification must
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include all requested information and representations (as indicated by
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Plex). Plex will comply with such a proper request and cease its own use
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of the Interfacing Software, but Plex must be granted a transition
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period of at least thirty (30) days after receipt of the request to
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comply. Plex, however, shall not be obligated to confirm removal or
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cessation of the Interfacing Software by you or others (including
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Authorized Users) outside its control.
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Content Available Through the Plex Solution. In connection with the
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foregoing grant to use the Plex Solution, the Plex Solution allows you
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to view or otherwise access original Plex or third party Content.
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“Content” includes, but is not limited to, text, graphics, photos,
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sounds, audio, and videos in the form of, by way of example and not
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limitation, news reports, videos, and music. The availability of such
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Content may change and not all Content is available in all formats. Use
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of the Content is subject to the license grant for the Plex Solution,
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but in addition, shall remain non-transferable and may be subject to
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additional license grant terms set by the respective third party
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licensor(s). Third-party Content displayed or accessible through the
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Plex Solution is protected by copyright and other intellectual property
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law and belongs to the respective owner(s) or licensor(s). This TOS does
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not grant you the right to copy (further), distribute, prepare
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derivative works, publicly display, or otherwise use any Content. You
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are expressly prohibited from engaging in or facilitating the
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unauthorized sharing or distribution of Content. For that reason,
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Content available on your PMS Software must be on storage that you own.
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Plex Solution Updates. Plex may, but is not obligated to, update the
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Plex Solution with updates, upgrades, enhancements, improvements,
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additions, new or incremental features or functionality of and generally
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made available through the Plex Solution (as determined by Plex in its
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sole discretion), or modifications that are provided as part of product
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support and any other support or maintenance services that Plex provides
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as part of or otherwise in connection with the Plex Solution
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(collectively, “Plex Solution Updates”). In some instances, you may be
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required to consent to or to agree to use and implement an applicable
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Plex Solution Update in a timely manner, including, without limitation,
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as a means to protect the Plex Solution from unauthorized use, content,
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or data. If you decline a Plex Solution Update, you may not be able to
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use or access the Plex Solution (in whole or in part), and Plex shall
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have no responsibility or liability for any continued use. Unless
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otherwise indicated, references to the Plex Solution include any Plex
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Solution Updates.
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Support. This TOS does not entitle you to any support or installation
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service (collectively, “Support”). Any such Support that may be made
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available by Plex, in its sole discretion, shall be subject to separate
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terms and conditions with Plex.
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Authorized User(s). Subject to any third party license restrictions for
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applicable Content, you may enable members of your immediate family, for
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whom you will be responsible (each, an “Authorized User(s)”), to access
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and use the Plex Solution so long as all such use remains in compliance
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with this TOS. Nevertheless, you acknowledge and agree that you shall be
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responsible for monitoring your own and your Authorized User(s)’s use of
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the Plex Solution and for maintaining compliance with this TOS and any
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third party license restrictions for applicable Content. Any breach of
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this TOS by an Authorized User(s) shall constitute a breach by you.
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Unless otherwise indicated, references to “you” or “your” throughout
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this TOS therefore mean you, your Authorized User(s), and the person or
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entity named on your account with Plex.
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Restrictions. This TOS is only a license and not an assignment or sale.
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Plex transfers no ownership or intellectual property interest or title
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in and to the Plex Solution to you or anyone else. Plex expressly
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prohibits you and any third parties from: (i) selling or purchasing
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access to the Plex Solution or to any other service that makes improper
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and unauthorized use of the Plex Solution in violation of these TOS;
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(ii) distributing all or part of the Plex Solution; (iii) replicating
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any exclusive Plex Pass functionality as described here[^3]; or (iv)
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obtaining Plex Pass functionality without a valid Plex Pass. Further,
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Plex reserves all rights not expressly granted by this TOS. Accordingly,
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you may not modify, translate, decompile, create derivative work(s) of,
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copy, distribute, disassemble, broadcast, transmit, publish, remove or
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alter any proprietary notices or labels, license, sublicense (other than
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to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent,
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lease, private label, grant a security interest in, or otherwise use in
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any manner not expressly permitted herein (or by Plex) the Plex
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Solution. In particular, and without limitation of the foregoing, there
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is no right to distribute further the PMS Software to the public or in
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excess of the limited license (above). Moreover, this TOS does not grant
|
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any right to modify the PMS Software or provide a right or license in or
|
|
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to any third-party executable module(s) or accessible content beyond the
|
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limited and express grant herein.
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2. USER OBLIGATIONS.
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Generally. You represent that you are at least eighteen (18) years of
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age (or the legal age of majority, whichever is greater) and will, at
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all times, provide true, accurate, current, and complete information
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when submitting information or materials on or through the Plex
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Solution, including, without limitation, when you provide information
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via a Plex Solution registration, account, or submission form. You are
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responsible for completing any registration(s) or account requirements
|
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for access to applicable third party Content available through the Plex
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Solution. Individuals under the age of eighteen (18) (or the applicable
|
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age of majority) may utilize the Plex Solution only with the involvement
|
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and acceptance of (this TOS by) a parent or legal guardian and then
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solely as an Authorized User under a parent or legal guardian’s account.
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You further represent that you (or the person agreeing to, accepting, or
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acting under this TOS) are authorized to act on behalf of the person or
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entity named on the account with Plex. In addition, you agree to abide
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by all applicable local, state, national, and international laws and
|
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regulations with respect to your use of the Plex Solution. In
|
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particular, you may not take any action that will infringe on or
|
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facilitate in any way the infringement of the intellectual property
|
|
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rights of Plex or any other third party. If you violate this TOS, Plex
|
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has sole discretion to suspend or permanently disable your access to the
|
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Plex Solution, and we may permanently disable or delete your account or
|
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prohibit you from creating a new account. You acknowledge that
|
|
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unauthorized use of copyrighted content of others may subject you to
|
|
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civil and criminal penalties, including possible monetary damages, for
|
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copyright infringement. You also acknowledge and agree that use of the
|
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Internet and the Plex Solution is solely at your own risk. You further
|
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understand that by using the Plex Solution you may encounter content
|
|
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that you may find offensive, indecent, or objectionable. You assume all
|
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responsibility for obtaining and paying for all licenses and costs for
|
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third-party software and hardware necessary for access to the Plex
|
|
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Solution, and for maintaining and backing-up your content and data.
|
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|
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User Account. You may be required to provide certain personal
|
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information necessary to create an account with Plex. You may be
|
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required to create login credentials, such as a username and password,
|
|
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or adhere to other particular access requirements as designated by Plex
|
|
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in its sole discretion from time to time. You are solely responsible for
|
|
||||||
the activity that occurs on your account and agree to keep your login
|
|
||||||
credentials confidential and secure. You acknowledge that Plex may not
|
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provide controls that restrict the maturity level of content available
|
|
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through the Plex Solution. If you allow your child (under the age of 18
|
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or the legal age of majority, whichever is greater) to access your Plex
|
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account, you are solely responsible for monitoring your child’s use of
|
|
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the Plex Solution and determining what maturity level is appropriate for
|
|
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or accessible to your child. You shall immediately notify Plex if you
|
|
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suspect or become aware of any loss or theft of or unauthorized use of
|
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your access credentials.
|
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Content and Acceptable Use. The Plex Solution enables you to access
|
|
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content, data, communication, and other interactive features and
|
|
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functionality (with such uploaded, downloaded, shared, or exchanged
|
|
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information or content referenced collectively herein as a “User
|
|
||||||
Content”). Distribution of User Content may be subject to third-party
|
|
||||||
rights. You agree that by using the Plex Solution you will not upload,
|
|
||||||
post, display, or transmit any of the following:
|
|
||||||
|
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||||||
- anything which defames, harasses, threatens, offends, or in any way
|
|
||||||
violates or infringes on the rights (including, without limitation,
|
|
||||||
patents, copyrights, or trademark rights) of others;
|
|
||||||
- anything which may damage, lessen, or harm the goodwill or
|
|
||||||
reputation of Plex and its services;
|
|
||||||
- anything which involves the impersonation of any other person or
|
|
||||||
entity;
|
|
||||||
- anything which constitutes viral or harmful programming code, files,
|
|
||||||
or software;
|
|
||||||
- anything which constitutes junk mail, spam, or unauthorized
|
|
||||||
advertising; or
|
|
||||||
- anything which is unlawful.
|
|
||||||
|
|
||||||
Plex reserves the right to establish additional practices, parameters,
|
|
||||||
and limits in its sole discretion concerning the display or availability
|
|
||||||
of any User Content. Further, Plex shall not have any obligation to
|
|
||||||
incorporate or utilize any User Content that does not correspond to or
|
|
||||||
meet Plex’s technical or usage practices, parameters, and limits.
|
|
||||||
|
|
||||||
Permission to User Content. You continue to retain any ownership rights
|
|
||||||
you have in the User Content you make available to Plex and/or the Plex
|
|
||||||
Solution. However, by submitting or making available any type of User
|
|
||||||
Content, you automatically and hereby grant to Plex a royalty-free,
|
|
||||||
transferable, sub-licensable and non-exclusive right and license to use
|
|
||||||
or act on any such User Content in furtherance of and in connection with
|
|
||||||
the operation of the Plex Solution. The rights you grant are limited to
|
|
||||||
the purpose of providing and operating the Plex Solution. You
|
|
||||||
specifically acknowledge that the Plex Solution facilitates distribution
|
|
||||||
of the User Content, and as a part of the foregoing grant, you permit
|
|
||||||
any user with whom you share content a non-exclusive license to access
|
|
||||||
and use the User Content through the Plex Solution as permitted through
|
|
||||||
the functionality of the Plex Solution. You represent that you have all
|
|
||||||
necessary rights to make the foregoing grants and to otherwise make User
|
|
||||||
Content(s) available to Plex and for (and through) the Plex Solution.
|
|
||||||
|
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||||||
No Pre-screening; Removal. Plex is not responsible for pre-screening or
|
|
||||||
editing your or any other user’s User Content, support forum posts, or
|
|
||||||
any other communications and encourages all of its users to use
|
|
||||||
reasonable discretion and caution in evaluating or reviewing any such
|
|
||||||
content or communications. Moreover, Plex does not endorse, oppose, or
|
|
||||||
edit any opinion or information provided by you or another user (unless
|
|
||||||
separately and expressly provided by Plex) and does not make any
|
|
||||||
representation with respect to, nor does it endorse the accuracy,
|
|
||||||
integrity, quality, acceptability, completeness, timeliness, lawfulness,
|
|
||||||
suitability, or reliability of any User Content or communications
|
|
||||||
displayed, uploaded, or distributed by you or any other user. You also
|
|
||||||
acknowledge that Plex has no control over the extent to which any idea,
|
|
||||||
content, or information may be used by any party or person once it’s
|
|
||||||
posted, shared, or displayed. Nevertheless, Plex reserves the right to
|
|
||||||
take any action within its control with respect to User Content (or
|
|
||||||
parts thereof), support forum posts, or any other communications that
|
|
||||||
Plex reasonably believes is necessary to: (i) satisfy any applicable
|
|
||||||
law, regulation, legal process or governmental request; (ii) enforce
|
|
||||||
this TOS, including investigation of potential violations hereof; (iii)
|
|
||||||
detect, prevent, or otherwise address fraud, security, or technical
|
|
||||||
issues; (iv) respond to user support requests; (v) protect the rights,
|
|
||||||
property, or safety of Plex, its users, or the public; or (vi) address
|
|
||||||
any act or omission that Plex believes in good faith violates this TOS
|
|
||||||
and/or is, or is potentially, unlawful or harmful to Plex, its services,
|
|
||||||
or goodwill.
|
|
||||||
|
|
||||||
Enforcing Security. You may not use the Plex Solution or any of Plex’s
|
|
||||||
data, systems, network, or services to engage in, foster, or promote
|
|
||||||
illegal, abusive, dishonest, malicious, or irresponsible behavior,
|
|
||||||
including, without limitation, accessing or using Plex data, systems, or
|
|
||||||
networks in an unauthorized manner, attempting to probe, scan, or test
|
|
||||||
the vulnerability of a Plex system or network, circumventing any Plex
|
|
||||||
security or authentication measures, monitoring Plex data or traffic,
|
|
||||||
interfering with any Plex services, collecting or using from the Plex
|
|
||||||
Solution email addresses, screen names, or other identifiers, collecting
|
|
||||||
or using from the Plex Solution information without the consent of the
|
|
||||||
owner or licensor, using any false, misleading, or deceptive TCP-IP
|
|
||||||
packet header information, using the Plex Solution to distribute
|
|
||||||
software or tools that gather information, distributing advertisements,
|
|
||||||
or engaging in conduct that is likely to result in retaliation against
|
|
||||||
Plex or its data, systems, or network. Actual or attempted unauthorized
|
|
||||||
use of the Plex Solution may result in criminal and/or civil
|
|
||||||
prosecution, including, without limitation, punishment under the
|
|
||||||
Computer Fraud and Abuse Act of 1986 under U.S. federal law. Plex
|
|
||||||
reserves the right to view, monitor, and record activity through the
|
|
||||||
Plex Solution without notice or permission from you. Any information
|
|
||||||
obtained by monitoring, reviewing, or recording is subject to review by
|
|
||||||
law enforcement organizations in connection with investigation or
|
|
||||||
prosecution of possible criminal or unlawful activity through the Plex
|
|
||||||
Solution as well as to disclosures required by or under applicable law
|
|
||||||
or related government agency actions. Plex will also comply with all
|
|
||||||
court orders or subpoenas involving requests for such information. In
|
|
||||||
addition to the foregoing, Plex reserves the right to, at any time and
|
|
||||||
without notice, modify, update, suspend, terminate, or interrupt
|
|
||||||
operation of or access to the Plex Solution, or any portion of the Plex
|
|
||||||
Solution in order to protect the Plex Solution or Plex.
|
|
||||||
|
|
||||||
Mobile Usage. The Plex Solution offers a tool(s) or display
|
|
||||||
functionality that is available to you via your mobile phone or other
|
|
||||||
mobile computing device (“Mobile Plex Solution(s)”). Please note that
|
|
||||||
your mobile carrier’s normal messaging, data, and other rates and fees
|
|
||||||
will apply to your use of the Mobile Plex Solution(s). In addition,
|
|
||||||
downloading, installing, or using certain Mobile Plex Solution(s) may be
|
|
||||||
prohibited or restricted by your mobile carrier, and not all Mobile Plex
|
|
||||||
Solution(s) may work with all carriers or devices or in all locations.
|
|
||||||
Therefore, you are solely responsible for checking with your mobile
|
|
||||||
carrier to determine if the Mobile Plex Solution(s) are available for
|
|
||||||
your mobile devices; what restrictions, if any, may be applicable to
|
|
||||||
your use of the Mobile Plex Solution(s); and how much such use will cost
|
|
||||||
you. Nevertheless, your use of the Plex Solution shall be strictly in
|
|
||||||
accordance with this TOS.
|
|
||||||
|
|
||||||
Additional Terms and Conditions for Apple Users.
|
|
||||||
|
|
||||||
NOTE – The terms and conditions of this paragraph apply to you only if
|
|
||||||
you downloaded the Mobile Plex Solution(s) through Apple Inc.’s App
|
|
||||||
Store. You acknowledge that this TOS is between you and Company, and
|
|
||||||
that Apple Inc. (“Apple”) bears no responsibility for the Mobile Plex
|
|
||||||
Solution and its content. The license grant under this TOS with respect
|
|
||||||
to the Mobile Plex Solution is a non-transferable license to use the
|
|
||||||
Mobile Plex Solution on any Apple-branded products that you own or
|
|
||||||
control as permitted by this TOS and the Usage Rules set forth in the
|
|
||||||
Apple Media Services Terms and Conditions, except that the Mobile Plex
|
|
||||||
Solution may be accessed and used by other accounts associated with you
|
|
||||||
via “Family Sharing” (as defined in the Apple Media Services Terms and
|
|
||||||
Conditions) or volume purchasing. You acknowledge that Apple has no
|
|
||||||
obligation whatsoever to furnish any maintenance and support services
|
|
||||||
with respect to the Mobile Plex Solution. In the event of any failure
|
|
||||||
of Company’s mobile app to conform to any applicable warranty, you may
|
|
||||||
notify Apple, and Apple will refund the purchase price (if any) of the
|
|
||||||
Mobile Plex Solution to you; provided that, to the maximum extent
|
|
||||||
permitted by applicable law, Apple will have no other warranty
|
|
||||||
obligation whatsoever with respect to the Mobile Plex Solution. Apple
|
|
||||||
is not responsible for addressing any claims by you or a third party
|
|
||||||
relating to the Mobile Plex Solution or your use of the Mobile Plex
|
|
||||||
Solution, including without limitation: (i) product liability claims;
|
|
||||||
(ii) any claim that the Mobile Plex Solution fails to conform to any
|
|
||||||
applicable legal or regulatory requirement; and (iii) claims arising
|
|
||||||
under consumer protection, privacy, or similar legislation. In the
|
|
||||||
event of any third-party claim that the Mobile Plex Solution or your
|
|
||||||
possession and use thereof infringes a third party’s intellectual
|
|
||||||
property rights, Apple will not be responsible for any investigation,
|
|
||||||
defense, settlement, or discharge thereof. Apple and its subsidiaries
|
|
||||||
are third-party beneficiaries of this TOS, and upon your acceptance of
|
|
||||||
this TOS, Apple will have the right (and will be deemed to have accepted
|
|
||||||
the right) to enforce this TOS against You as a third-party beneficiary
|
|
||||||
thereof.
|
|
||||||
|
|
||||||
Feedback. Plex welcomes your feedback and suggestions about Plex’s
|
|
||||||
products or services or with respect to how to improve the Plex
|
|
||||||
Solution. By transmitting any suggestions, information, material, or
|
|
||||||
other content (collectively, “Feedback”) to Plex, you represent and
|
|
||||||
warrant that such Feedback does not infringe or violate the intellectual
|
|
||||||
property or proprietary rights of any third party (including, without
|
|
||||||
limitation, patents, copyrights, or trademark rights) and that you have
|
|
||||||
all rights necessary to convey to Plex and enable Plex to use such
|
|
||||||
Feedback. In addition, any Feedback received by Plex will be deemed to
|
|
||||||
include a royalty-free, perpetual, irrevocable, transferable,
|
|
||||||
non-exclusive right and license from you for Plex to adopt, publish,
|
|
||||||
reproduce, disseminate, transmit, distribute, copy, use, create
|
|
||||||
derivative works of, and display (in whole or in part) worldwide, or act
|
|
||||||
on such Feedback without additional approval or consideration, in any
|
|
||||||
form, media, or technology now known or later developed for the full
|
|
||||||
term of any rights that may exist therein, and you hereby waive any
|
|
||||||
claim to the contrary.
|
|
||||||
|
|
||||||
3. SUBSCRIPTIONS & RENTALS.
|
|
||||||
|
|
||||||
Plex currently offers access to the Plex Solution at no cost. However,
|
|
||||||
Plex may make available through fee-based subscriptions, rentals, or
|
|
||||||
other transactional offering(s), Content and functionality that is not
|
|
||||||
available in the free version of the Plex Solution. Click here[^4] for
|
|
||||||
more information on subscription offerings. All subscriptions and
|
|
||||||
rentals are subject to additional terms and conditions which are
|
|
||||||
incorporated in this TOS and can be accessed here[^5].
|
|
||||||
|
|
||||||
4. PRIVACY POLICY.
|
|
||||||
|
|
||||||
Please see Plex’s Privacy Policy[^6] for a summary of how Plex collects,
|
|
||||||
uses, and shares personal data. Plex is not responsible for your use of
|
|
||||||
Interfacing Software or any data collection or related usage practices
|
|
||||||
associated with your operation or maintenance of any Interfacing
|
|
||||||
Software.
|
|
||||||
|
|
||||||
5. THIRD-PARTY CONTENT, WEBSITES, AND PLATFORMS.
|
|
||||||
|
|
||||||
Third-party Content. Third-party content displayed or accessible through
|
|
||||||
the Plex Solution is protected by copyright and other intellectual
|
|
||||||
property law and belongs to the respective owner. Use of the third-party
|
|
||||||
content is subject to the terms of use of the third party providing such
|
|
||||||
content. This TOS does not grant you the right to copy, distribute,
|
|
||||||
prepare derivative works, publicly display, or otherwise use any
|
|
||||||
third-party content. You are expressly prohibited from engaging in or
|
|
||||||
facilitating the unauthorized sharing or distribution of third-party
|
|
||||||
content.
|
|
||||||
|
|
||||||
Links to Other Sites or Applications. Plex may provide links, in its
|
|
||||||
sole discretion, to other sites or applications on the Internet,
|
|
||||||
including to the Plex Store. Such other sites are maintained by third
|
|
||||||
parties over which Plex exercises no control. These links do not imply
|
|
||||||
an endorsement with respect to any third party or any third-party web
|
|
||||||
site or the information, products, or services provided by any third
|
|
||||||
party. Plex encourages review of the applicable terms, conditions or
|
|
||||||
notices governing use of these third party sites or applications.
|
|
||||||
|
|
||||||
Third-party Platforms and Networks. Certain features allow you to
|
|
||||||
synchronize your content across third-party platforms and networks.
|
|
||||||
These features will enhance the performance of the Plex Solution and
|
|
||||||
allow you to better integrate and harmonize the Plex Solution with
|
|
||||||
information stored on or used with third-party networks. Using this
|
|
||||||
functionality typically requires you to login to your account on the
|
|
||||||
third-party service, and you do so at your own risk. You should always
|
|
||||||
review, and if necessary, adjust your privacy settings on these networks
|
|
||||||
and platforms before linking or connecting them to the Plex Solution.
|
|
||||||
You expressly acknowledge and agree that Plex is in no way responsible
|
|
||||||
or liable for any such third-party services or features.
|
|
||||||
|
|
||||||
Additional Terms and Conditions. Additional notices, terms, and
|
|
||||||
conditions may apply to certain subscription arrangements (including
|
|
||||||
sign-up or registration), Plex products, solutions, or services, receipt
|
|
||||||
of (or access to) certain content, participation in a particular
|
|
||||||
program, and/or to specific portions or features of the Plex Solution.
|
|
||||||
Without limitation of the foregoing, you hereby agree that (a) this TOS
|
|
||||||
operates in addition to any terms of use imposed or required by any
|
|
||||||
digital download platform from which you download the Plex Solution
|
|
||||||
(“App Provider Terms”); and (b) the terms of this TOS supplement and do
|
|
||||||
not alter or amend any such App Provider Terms.
|
|
||||||
|
|
||||||
6. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
|
|
||||||
|
|
||||||
Proprietary Rights. The Plex Solution is owned by Plex or its
|
|
||||||
licensor(s). Copyright 2016-2024 © Plex and/or its licensor(s). All
|
|
||||||
rights reserved. All content available through the Plex Solution, unless
|
|
||||||
otherwise indicated, is protected by copyright, trade secret, or other
|
|
||||||
intellectual property laws. PLEX, the Plex logo, and all other names,
|
|
||||||
logos, and icons identifying Plex and its solutions, products, and
|
|
||||||
services are proprietary trademarks of Plex, and any use of such marks
|
|
||||||
without the express written permission of Plex is strictly prohibited.
|
|
||||||
Please see the Plex Trademarks and Guidelines policy statement available
|
|
||||||
here[^7] for more information regarding the trademarks or service marks
|
|
||||||
of Plex. Other service, product, or company names mentioned herein may
|
|
||||||
be the trademarks and/or service marks of their respective owners.
|
|
||||||
|
|
||||||
Confidentiality. You acknowledge and agree that the Plex Solution
|
|
||||||
contains confidential or nonpublic information that is the trade
|
|
||||||
secret(s) of Plex and/or its licensors (the “Confidential Information”).
|
|
||||||
You agree to secure and protect the confidentiality of the Confidential
|
|
||||||
Information of Plex (and/or its licensors) in a manner consistent with
|
|
||||||
the maintenance of Plex’s rights therein, using at least as great a
|
|
||||||
degree of care as you use to maintain the confidentiality of your own
|
|
||||||
confidential information of a similar nature, but in no event using less
|
|
||||||
than reasonable efforts. You shall not, nor permit any third party to,
|
|
||||||
sell, transfer, publish, disclose, or otherwise make available any
|
|
||||||
portion of the Confidential Information to third parties, except as
|
|
||||||
expressly authorized in this TOS.
|
|
||||||
|
|
||||||
7. REPRESENTATIONS, DISCLAIMERS, LIMITATION OF LIABILITY, AND
|
|
||||||
INDEMNIFICATION.
|
|
||||||
|
|
||||||
Representations and Warranties. You represent and warrant that (i) the
|
|
||||||
person accepting this TOS has the legal authority to bind the named
|
|
||||||
person on the account, and (ii) he or she has the right, power, and
|
|
||||||
authority to (a) enter into this TOS, (b) make the respective and
|
|
||||||
applicable representations and warranties contained herein, and (c)
|
|
||||||
commit to and perform the respective duties, obligations, and covenants
|
|
||||||
set forth hereunder.
|
|
||||||
|
|
||||||
Warranty Disclaimer. THE PLEX SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS
|
|
||||||
AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER
|
|
||||||
INACCURACIES. PLEX MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE PLEX
|
|
||||||
SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL
|
|
||||||
ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY
|
|
||||||
APPLICABLE LAW, PLEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER
|
|
||||||
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
|
|
||||||
INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT,
|
|
||||||
MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER,
|
|
||||||
YOU ACKNOWLEDGE AND AGREE THAT PLEX DOES NOT WARRANT THAT THE PLEX
|
|
||||||
SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING
|
|
||||||
SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL
|
|
||||||
MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION
|
|
||||||
STANDARD. BECAUSE THE PLEX SOLUTION IS BASED ON YOUR CONTENT AND DATA,
|
|
||||||
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLEX SOLUTION
|
|
||||||
IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE
|
|
||||||
BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS
|
|
||||||
AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN
|
|
||||||
DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE
|
|
||||||
INITIAL PERIOD FOR THE PLEX SOLUTION AND NO WARRANTIES SHALL APPLY AFTER
|
|
||||||
THIS THIRTY (30) DAY PERIOD.
|
|
||||||
|
|
||||||
Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE PLEX FROM ANY
|
|
||||||
CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PLEX’S CONTROL, INCLUDING,
|
|
||||||
WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS,
|
|
||||||
SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF PLEX. PLEX IS NOT
|
|
||||||
RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY
|
|
||||||
INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT
|
|
||||||
(OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THE PLEX SOLUTION IS AT
|
|
||||||
YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE
|
|
||||||
THAT PLEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND
|
|
||||||
INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO
|
|
||||||
STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THE PLEX SOLUTION AND
|
|
||||||
SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING
|
|
||||||
YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALL PLEX BE LIABLE FOR
|
|
||||||
ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
|
|
||||||
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLEX SOLUTION
|
|
||||||
OR WITH THE DELAY OR INABILITY TO USE THE PLEX SOLUTION, EVEN IF PLEX
|
|
||||||
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE
|
|
||||||
FOREGOING, YOUR ABILITY TO RECOVER FROM PLEX FOR BREACH OF THIS TOS, THE
|
|
||||||
PRIVACY POLICY, OR FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF
|
|
||||||
YOUR USE OF THE PLEX SOLUTION SHALL BE STRICTLY LIMITED TO PAYMENT OF
|
|
||||||
EITHER AN AMOUNT NOT TO EXCEED $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY
|
|
||||||
YOU TO PLEX DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR
|
|
||||||
INDIVIDUAL USE OF THE PLEX SOLUTION, WHICHEVER IS GREATER.
|
|
||||||
|
|
||||||
Indemnification. You agree to indemnify, defend, and hold Plex (and its
|
|
||||||
affiliated companies, contractors, employees, agents, and suppliers and
|
|
||||||
partners) harmless from any and all claims, suits, actions, liabilities,
|
|
||||||
losses, costs, damages, expenses, and any other liabilities, including,
|
|
||||||
without limitation, attorneys’ fees, arising out of or related in any
|
|
||||||
manner to your breach or alleged breach of this TOS, your Interfacing
|
|
||||||
Software, or for any violation or alleged violation of the rights
|
|
||||||
(including, without limitation, patents, copyrights, or trademark
|
|
||||||
rights) of any other person or entity by your User Content.
|
|
||||||
|
|
||||||
8. INFORMAL DISPUTE RESOLUTION
|
|
||||||
|
|
||||||
This informal dispute resolution process applies to any Claim (defined
|
|
||||||
below) between you and Plex and its affiliates, regardless of whether
|
|
||||||
those Claims arose before or after your acceptance of this TOS. A
|
|
||||||
“Claim” is any dispute, cause of action, or controversy between you and
|
|
||||||
Plex arising from or in any way related to the Plex Solution, any
|
|
||||||
advertising or promotions conducted by or for Plex, or any use or
|
|
||||||
disclosure of your information or information about you, or claims
|
|
||||||
related to this TOS. Claim does not include any matter based on the
|
|
||||||
infringement of intellectual property rights.
|
|
||||||
|
|
||||||
In the event of a Claim, you and Plex agree to attempt to avoid the
|
|
||||||
costs of formal dispute resolution by giving each party a full and fair
|
|
||||||
opportunity to address and resolve the Claim informally. The party
|
|
||||||
making the Claim must send to the other party a written notice of a
|
|
||||||
Claim, with: (a) the name, email, and contact information of the party
|
|
||||||
giving the notice; (b) detailed factual information sufficient to
|
|
||||||
understand and evaluate the Claim; and (c) the specific relief sought,
|
|
||||||
including any amount of money demanded and the method by which that
|
|
||||||
amount was determined. If you are making the Claim, the written notice
|
|
||||||
must be sent to: Plex, 1999 S. Bascom Ave., Suite 700, PMB 735,
|
|
||||||
Campbell, CA 95008, USA, Attention: Legal. If we are making the Claim,
|
|
||||||
we will send any notice to the contact information we have associated
|
|
||||||
with your Plex account.
|
|
||||||
|
|
||||||
Within ninety (90) days beginning from the date the notice of a Claim is
|
|
||||||
received, you and we will attempt to resolve the Claim through informal
|
|
||||||
negotiation. This informal negotiation must take place in person, or
|
|
||||||
via teleconference or videoconference (the “Discussion”). If you are
|
|
||||||
represented by counsel, your counsel may participate in the Discussion,
|
|
||||||
but you will also need to individually participate. Plex will also
|
|
||||||
participate in the Discussion through one or more representatives, which
|
|
||||||
may include our counsel. After the end of the ninety (90) day informal
|
|
||||||
negotiation period and after the completion of the Discussion, whichever
|
|
||||||
comes later, you or we may commence a proceeding regarding the Claim.
|
|
||||||
Nothing in this paragraph is intended to prohibit the parties from
|
|
||||||
engaging in informal communications to resolve the Claim before, during,
|
|
||||||
or after any Discussion. Each party agrees that a court may enter
|
|
||||||
injunctive relief to enforce the pre-filing requirements of this
|
|
||||||
paragraph.
|
|
||||||
|
|
||||||
9. GENERAL INFORMATION
|
|
||||||
|
|
||||||
Choice of Law and Forum. The Plex Solution is controlled and operated by
|
|
||||||
Plex from its offices within the United States. This TOS has been made
|
|
||||||
in and will be construed and enforced in accordance with the laws of the
|
|
||||||
State of Delaware as applied to agreements entered into and completely
|
|
||||||
performed in the State of Delaware. You access and use the Plex Solution
|
|
||||||
on your own volition and are responsible for compliance with all
|
|
||||||
applicable laws with respect to your access and use of the Plex
|
|
||||||
Solution. Additionally, Plex’s headquarters are located in the United
|
|
||||||
States. Please be aware that information you provide to Plex, or that
|
|
||||||
Plex obtains as a result of your use of the Plex Solution, may be
|
|
||||||
processed and transferred to the United States and be subject to United
|
|
||||||
States law. Subject to the foregoing informal dispute resolution, any
|
|
||||||
action arising from or in any way related to the Plex Solution, your use
|
|
||||||
of or access to the Plex Solution, or this TOS will be brought in the
|
|
||||||
courts presiding in the state of Delaware, and all parties to this TOS
|
|
||||||
expressly agree to be subject to the jurisdiction of such courts. You
|
|
||||||
and Plex waive trial by jury except where such waiver is prohibited by
|
|
||||||
law.
|
|
||||||
|
|
||||||
Export Control Compliance. You represent and warrant that you are not
|
|
||||||
(a) located in a country that is subject to a U.S. Government embargo,
|
|
||||||
or that has been designated by the U.S. Government as a “terrorist
|
|
||||||
supporting” country; and (b) listed on any U.S. Government list of
|
|
||||||
prohibited or restricted parties. You hereby agree that (i) you will
|
|
||||||
comply with all applicable Sanctions and Export Control Laws, (ii) you
|
|
||||||
are solely responsible for ensuring that the Plex Solution is used,
|
|
||||||
disclosed, and/or transported only in accordance with all applicable
|
|
||||||
Sanctions and Export Control Laws, and (iii) you will not re-export or
|
|
||||||
transfer the Plex Solution, in any form, directly or indirectly, to any
|
|
||||||
person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or
|
|
||||||
North Korea.
|
|
||||||
|
|
||||||
Injunctive Relief. You acknowledge that any breach, threatened or
|
|
||||||
actual, of this TOS, including, without limitation, unauthorized use of
|
|
||||||
Plex proprietary assets, will cause irreparable injury to Plex, and such
|
|
||||||
injury would not be quantifiable in monetary damages, and Plex would not
|
|
||||||
have an adequate remedy at law. You therefore agree that Plex shall be
|
|
||||||
entitled, in addition to other available remedies, to seek and be
|
|
||||||
awarded an injunction or other appropriate equitable relief from a court
|
|
||||||
of competent jurisdiction restraining any breach, threatened or actual,
|
|
||||||
of your obligations under any provision of this TOS. Accordingly, you
|
|
||||||
hereby waive any requirement that Plex post any bond or other security
|
|
||||||
in the event any injunctive or equitable relief is sought by or awarded
|
|
||||||
to Plex to enforce any provision of this TOS.
|
|
||||||
|
|
||||||
Term and Termination. This TOS will take effect (or re-take effect) at
|
|
||||||
the (and each) time you begin installing, accessing, or using the Plex
|
|
||||||
Solution, WHICHEVER IS EARLIEST, and is effective until terminated as
|
|
||||||
set forth below. Plex reserves the right to terminate this TOS at any
|
|
||||||
time on reasonable grounds, which shall specifically include, without
|
|
||||||
limitation, discontinuation of the Plex Solution (or related services)
|
|
||||||
as an offering of the Plex business, nonpayment, termination of account,
|
|
||||||
fraudulent or unlawful activity, or actions or omissions that violate
|
|
||||||
this TOS, subject to the survival rights of certain provisions
|
|
||||||
identified below. In addition, Plex shall have the right to take
|
|
||||||
appropriate administrative and/or legal action in the event of breach or
|
|
||||||
(alleged) criminal activity, including alerting legal authorities, as it
|
|
||||||
deems necessary in its sole discretion. You may also terminate this TOS
|
|
||||||
at any time by providing Plex with notice of cancellation, but all
|
|
||||||
applicable provisions of this TOS will survive termination, as
|
|
||||||
identified below. You may close your account by clicking here[^8]. Upon
|
|
||||||
termination and in accordance with law, your right to access and use the
|
|
||||||
Plex Solution shall cease (regardless of the subscription period) and
|
|
||||||
you must immediately destroy all copies of any aspect of the Plex
|
|
||||||
Solution in your possession. Termination shall result in deactivation or
|
|
||||||
deletion of your account with Plex. The following provisions will
|
|
||||||
survive the termination of this TOS for any reason: License (Additional
|
|
||||||
License Restrictions, Content Available Through the Plex Solution,
|
|
||||||
Restrictions); User Obligations (Permission to User Content, Enforcing
|
|
||||||
Security, Additional Terms and Conditions for Apple Users, Feedback);
|
|
||||||
Third Party Content, Websites, and Platforms (Additional Terms and
|
|
||||||
Conditions); Privacy Policy; Proprietary Rights and Confidentiality (all
|
|
||||||
sections); Representations, Disclaimers, Limitation of Liability, and
|
|
||||||
Indemnification (all sections); Informal Dispute Resolution (all
|
|
||||||
sections); General Information (Choice of Law and Forum, Injunctive
|
|
||||||
Relief, Term and Termination, Waiver & Severability, Entire Agreement
|
|
||||||
and Updates). Further, Plex shall not be responsible for any damage that
|
|
||||||
may result or arise out of termination of this TOS.
|
|
||||||
|
|
||||||
Waiver & Severability. Failure to insist on strict performance of any of
|
|
||||||
the terms and conditions of this TOS will not operate as a waiver of any
|
|
||||||
subsequent default or failure of performance. No waiver by Plex of any
|
|
||||||
right under this TOS will be deemed to be either a waiver of any other
|
|
||||||
right or provision or a waiver of that same right or provision at any
|
|
||||||
other time. If any part of this TOS is determined to be invalid or
|
|
||||||
unenforceable pursuant to applicable law including, but not limited to,
|
|
||||||
the warranty disclaimers, venue, claim, and liability limitations set
|
|
||||||
forth above, then the invalid or unenforceable provision will be deemed
|
|
||||||
superseded by a valid, enforceable, provision that most clearly matches
|
|
||||||
the intent of the original provision and the remainder of this TOS shall
|
|
||||||
continue in effect.
|
|
||||||
|
|
||||||
Entire Agreement and Updates. No joint venture, partnership, employment,
|
|
||||||
or agency relationship exists between you and Plex as a result of this
|
|
||||||
TOS or your utilization of the Plex Solution, and you do not have any
|
|
||||||
authority of any kind to bind Plex in any respect whatsoever. This TOS
|
|
||||||
represents the entire agreement between you and Plex with respect to
|
|
||||||
your individual use of the Plex Solution. This TOS is not assignable,
|
|
||||||
transferable, or sub-licensable by you except with Plex’s prior written
|
|
||||||
consent. Plex may transfer, assign, or delegate this TOS and its rights
|
|
||||||
and obligations without consent. Please note that Plex reserves the
|
|
||||||
right to change the terms and conditions of this TOS and the terms and
|
|
||||||
conditions under which the Plex Solution and its offerings are extended
|
|
||||||
to you by posting online a revised TOS or e-mailing notice thereof to
|
|
||||||
you. In addition, Plex may add, modify, or delete any aspect, program,
|
|
||||||
functionality, or feature of the Plex Solution. Your continued use of
|
|
||||||
the Plex Solution following any addition, modification, or deletion will
|
|
||||||
be conclusively deemed acceptance of any change to the terms and
|
|
||||||
conditions of this TOS. Accordingly, please review this TOS found at
|
|
||||||
this location on a periodic basis.
|
|
||||||
|
|
||||||
Notices. Any communication(s) or notice (and any related materials or
|
|
||||||
information) to be sent pursuant to this TOS shall be in the English
|
|
||||||
language and shall be deemed provided: (a) to the email address
|
|
||||||
designated by you; or (b) by posting to the Plex Solution. For notices
|
|
||||||
made by e-mail, the date of receipt will be deemed the date on which
|
|
||||||
such notice is transmitted. You further agree that any notices,
|
|
||||||
agreements, disclosures, or other communications that Plex sends you
|
|
||||||
electronically (using the contact information you provide through the
|
|
||||||
Plex Solution) will satisfy any legal communication requirements.
|
|
||||||
|
|
||||||
Contact. If you have questions regarding the Plex Solution or if you are
|
|
||||||
interested in obtaining more information concerning Plex or its
|
|
||||||
products, services, or solutions, please contact Plex[^9].
|
|
||||||
|
|
||||||
[^1]: https://www.plex.tv/
|
|
||||||
[^2]: https://www.plex.tv/contact/
|
|
||||||
[^3]: https://www.plex.tv/plex-pass/
|
|
||||||
[^4]: https://www.plex.tv/plex-pass/
|
|
||||||
[^5]: https://www.plex.tv/about/privacy-legal/subscriptions-and-billing/
|
|
||||||
[^6]: https://www.plex.tv/about/privacy-legal/
|
|
||||||
[^7]: https://www.plex.tv/about/privacy-legal/plex-trademarks-and-guidelines/
|
|
||||||
[^8]: https://www.plex.tv/users/edit/
|
|
||||||
[^9]: https://www.plex.tv/contact/
|
|
||||||
Loading…
x
Reference in New Issue
Block a user