Terms & conditions
Term and Condition
TERMS AND CONDITIONS
Last Updated: April 18, 2020
The Plug Network offers an on demand video streaming service. Our service is cloud based and entertainment sources vary from TV shows, movies, and other streaming media
By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 13 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.
Your Personal Data Rights & General Data Protection Regulation (GDPR)
In order to access certain features of the Service, and to post any content on the Service, you will have to create a The Plug Network account and become a member. The Service is not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to subscribe to The Plug Network or provide your personal information to the Service.
Accounts may only be set up by an authorized representative of the individual that is the subject of the account. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Service.
If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account.
You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights.
User Code of Conduct
In using the Services, you must behave in a civil and respectful manner at all times.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that may violate any applicable Federal, State, Local, or International law or regulation;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
User Content that impersonates, or misrepresents your affiliation with, any person or entity;
User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
User Content that contains any private or personal information of a third party without such third party’s consent;
User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose The Plug Network or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
User Fees, Refunds, Cancellation
The Plug Network may charge Users fees to access certain features and functionalities of the Sites and the Services set to subscription structure.
If you cancel a paid plan, the cancellation will become effective at the end of the monthly billing cycle. We do not offer refunds.
You may delete your account at any time.
Accounts on the Free plan may be deleted from the Sites if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan.
Upon termination, all licenses granted by The Plug Network will terminate. In the event of account deletion for any reason, your Program content may no longer be available. The Plug Network is not responsible for the loss of such content.
Content Rights and Licenses
The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of The Plug Network, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners.
The Plug Network grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by The Plug Network in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by The Plug Network are reserved.
By posting or distributing Content to or through the Sites, each User grants to The Plug Network, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content.
If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled The Plug Network's Limited License of Content to Users.
Limited License to Copy Content
The Plug Network grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites.
Users may only view, copy, and print such portions of the Content for their own personal use;
Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
Users may not use the Sites or Content other than for their intended purposes.
The Plug Network may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Sites that The Plug Network believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY.
Assumption of Risk
You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights.
You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.
CONTACT US - You agree to contact us with your complaint prior to filing for any arbitration.
FILE COMPLAINT - You and The Plug Network agree that any dispute must be commenced or filed by you or The Plug Network within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and The Plug Network will no longer have the right to assert such claim regarding the dispute).
ARBITRATION - You and The Plug Network agree that (a) any arbitration will occur in the State of [State], (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of [State] and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
California Civil Code Section 1789.3 Compliance
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about The Plug Network must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to firstname.lastname@example.org
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
Third Party Integration
In providing the Service, The Plug Network makes available various third party tools to process payments (i.e. PayPal). The Plug Network is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.
Apple and Other Platforms and Devices
If you are accessing or using the Service through Apple, Android, or other third-party platforms or services, those Third-Party Services’ own terms and policies apply to such access and usage. Without limitation, Additional Terms for Apple Users can be found here which are applicable to you and are incorporated into these Terms by this reference.
Disclaimer of Warranties
You understand and agree that your use of the Websites and/or the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from Program of dealing or usage of trade.
The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Websites and/or the Services.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
We make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, Course of dealing, Course of performance, usage of trade or otherwise.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Plug Network parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any The Plug Network party, or from events beyond the Plug Network parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Plug Network parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Plug Network, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Plug Network Parties”), from and against all actual or alleged The Plug Network Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to
Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services,
Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,
Any Feedback you provide,
Your violation of these terms, and your violation of the rights of another.
You agree to promptly notify The Plug Network of any third party Claims, cooperate with the Plug Network Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
You further agree that The Plug Network Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Plug Network.
No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
You and The Plug Network agree to arbitrate Disputes through binding arbitration. You and The Plug Network agree to waive your and The Plug Network’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Services (including, without limitation, Third Party Purchases), resolved in a court, and to waive your and The Plug Network’s respective rights to a jury trial.
No Class Actions
You and The Plug Network agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
Governing Law and Venue – New York
Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York.
Investigations; Cooperation with Law Enforcement
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