1. Description of Services and Acceptance of Terms.
5. Accessing and Using the Services.
- 2. Content. Content. All “Content,” including but not limited to all video, software, digital downloads of sound recordings, streamed sound recordings, comics, games, and related digital content, including songs, mixes and loops, downloads or samples, and all artwork, graphics, text, editorials and news, blog posts, interfaces, trademarks, logos, images, photographs, and any other element of the Services, including the layout, look and feel, organization, and coordination of such Content through the Services is the property of or is licensed to Playground, and is protected by E.U., U.S. and international trademark, trade dress, copyright, patent and other intellectual property rights laws. Without the prior written consent of Playground, you shall not transmit, distribute, translate, publicly display, upload, publish, record, retransmit, rent, sell, digitize, endorse, reproduce, alter to make new works, perform, or compile any Content in any commercial way.p
- 1. archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use, except as explicitly provided herein, any Content and information contained in or obtained from or through the Services;
- 2. delete the copyright or other proprietary rights notices from the Content or Services;
- 3. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services;
- 4. use any robot, spider, scraper or other automated means to access the Services;
- 5. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services;
- 6. insert any code or product or manipulate the content of the Services in any way;
- 7. use any data mining, data gathering or extraction method;
- 9. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs;
- 10. remove, modify, disable, block, impair, or obscure any advertising in connection with the Services; or
- 5. Changes and Limitations. Due to licensing restrictions, not all Content may be available in all regions, and you agree to only access our Content from a region in which we operate the Services. Playground, at its sole discretion, may at any time add or remove Content or Services, change the territories where Content or Services are available, revise the names of Services and/or change the scope and content of Services without notice.
- 3. Internet Connection. Playground makes no representations or warranties about the quality of your viewing experience. You agree to access the Services using a stable, high-speed Internet connection. By using the Services, you acknowledge that the quality, clarity and speed of the Services may vary based on a variety of factors, such as your device, your location, the bandwith available or speed of your Internet connection. You are responsible for all Internet access and data usage charges.
- 4. Objectionable Material. When using the Services, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Services at your own risk and Playground shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
- 5. No Unsolicited Materials. Playground does not accept unsolicited materials or ideas for movies, television shows, comics, music, games, merchandise, or any other types of Content, and is not responsible for the similarity of any of its Content to materials or ideas transmitted to Playground.
The Services are intended for use in North America and Europe. If you access the Services from outside these territories, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
7. Your Account.
- 1. Registration. Playground may make certain Services available to you that require you to register an account. Registering an account for the Services requires you to provide a username and/or email accompanied by with password. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Playground reserves the right at any time to cancel your account for any reason.
- 2. Account Credentials. You agree to maintain control over your account and to neither share the credentials of your account nor access the Service with the credentials of another person’s account. You are responsible for maintaining the confidentiality of any password you create for the Services. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify Playground. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
- 4. Electronic Communications. We shall send you information relating to your account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form only, for example via e-mail to the e-mail address you provide during registration.
8. Intellectual Property.
- 2. Copyright. The Services are copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 4.2 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the Services, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Content or any portion thereof without our prior written consent.
9. Copyright Infringement Notice and Takedown Procedure.
- 1. Notice to Playground. Playground prohibits the posting of any information that infringes or violates the copyright rights of any person or entity. If you believe that any Content or other material offered through the Services infringes on your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:
- Playground TV AB.,
Attn: Legal Dept. – Copyright Agent
Haga Kyrkogata 28,, 411 23 Gothenburg, Sweden.
- 2. Effective Notice. To be effective, the notification must be in writing and contain the following information: (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content or other material that is claimed to be infringing, and information reasonably sufficient to permit Playground to locate the Content or other material; (iv) your contact information, including your address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that use of the Content or other material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To confirm these requirements, please consult your legal representative or review 17 U.S.C. § 512(c)(3).
- 3. Repeat Infringers. In accordance with the DMCA, Playground shall terminate, without notice, any person’s access to the Services if Playground determins that such person is a repeat infringer.
10. Disclaimer of Warranties.
THE SERVICES, INCLUDING THE CONTENT AND ANY DOWNLOADABLE PRODUCTS OR PHYSICAL MERCHANDISE PROVIDED THEREWITH, ARE PROVIDED AS IS, AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Playground, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER, THE “Playground PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE Playground PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED.
11. Limitation of Liability.
YOUR USE OF AND ACCESS TO THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE Playground PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, ANY DELAY IN OR INABILITY TO USE THE SERVICES OR ANY CONTENT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICES OR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES OR ANY CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE Playground PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. THE Playground PARTIES SHALL HAVE NO LIABILITY FOR INJURY OR DAMAGE CAUSED BY OR ARISING IN CONNECTION WITH ANY PHYSICAL MERCHANDISE PURCHASED OR RECEIVED BY YOU IN CONNECTION WITH THE SERVICES. SUCH LIABILITY SHALL BE AND REMAIN THE SOLE RESPONSIBILITY OF THE PRODUCT BRAND OR MANUFACTUER.
YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, Playground WOULD NOT ALLOW YOU TO ACCESS, SUBSCRIBE TO, OR OTHERWISE USE THE SERVICES OR ANY CONTENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.
You shall indemnify, defend, and hold harmless the Playground Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including attorneys’ fees, arising out of, in connection with or resulting from:
- 1. your use of the Services and the Content;
- 3. acts or omissions of you or any person or entity accessing the Services and the Content using your account and password.
Playground reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with Playground’s defense of such claim.
13. Governing Law.
- 8. Online Disput Resolution.
”Online Dispute Resolution according to Art. 14 of EU Regulation No 524/2013: The European Commission offers an online dispute resolution platform which is accessible underhttp://ec.europa.eu/consumers/odr/ .”