Effective Date: 02-16-2022
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 16), DISCLAIMERS OF LIABILITY (SECTION 17), AND AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 20), SO PLEASE REVIEW THEM CAREFULLY.
We may update the Terms from time to time, so you should check this page regularly for updates.
Before creating an account with us, please check that you are eligible to use the Services.
By using our Services, you represent and warrant that:
If at any time you cease to meet any of the requirements listed above, you must immediately delete your account and stop using the Services. We may refuse access to the Services to anyone at any time.
You are solely responsible for maintaining the confidentiality of your account, including by protecting your account credentials and restricting access to your devices. You will not share your account credentials or give access to your account to others, or transfer your account to anyone else without our permission. You accept responsibility for all activities that occur under your account or from your devices. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws or regulations. Without limiting this general commitment, you agree not to engage or attempt to engage in the conduct below (or to facilitate or support others in doing so):
We reserve the right to monitor your use of the Services to determine compliance with these Terms.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.
While using the Services, you will have access to content that you, others, or we provide in connection with the Services. Unless otherwise stated, references to “Content” or “CONTENT” in these Terms include Your Content, Other Users’ Content, Our Content, User Footage, and Third-Party Materials as these terms are defined below.
The posting or publishing of Content on the Services is not in any way intended to state, suggest, or imply endorsement by Playhouse, including as to the truth, validity, or reliability of the Content. “Friends of DateNight Program” and “Founding Members” are users of the Services who may be compensated by Playhouse for providing User Footage and other Content for the Services.
We are not responsible for Content on the Services and have no duty to monitor Content posted on the Services. You use any information contained in Content on the Services at your own risk.
You acknowledge that Playhouse is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any Content on the Services.
Certain areas of the Services may enable you to upload text, photos, and videos in your profile; send messages; stream and share live videos; or otherwise post, publish, submit, transmit, upload, send, or otherwise provide ("provide") information to us or other persons. You remain fully responsible for the content and other materials that you provide to us or others in connection with the Services, including, without limitation, any image, likeness, audio recordings, videos (including pre-recorded videos and live videos), photographs, documents, statements and conduct on the Services, address book information, or other information or materials ("Your Content"). Your Content may not:
Some of Your Content will be visible to other users or to the general public, so be sure that you are comfortable sharing Your Content before you provide Your Content. You acknowledge and agree that Your Content may be viewed by other users and the general public, and, notwithstanding these Terms, other users may share Your Content with third parties. The Services may also contain features that can record your dates and allow you to share videos and clips of your dates with others. By using the Services, you are giving us consent to capture, record, store, and share videos and other clips of your dates (the “User Footage”). If you do not consent to your date being recorded, you can choose not to go on that date.
If the Services permit you to provide us Your Content, you may only provide content that you have the right to provide. By providing us Your Content (including any information you authorize us to access from Facebook or other third-party source (if applicable)) and, with respect to User Footage, by using the video and clips-sharing feature on the Services, you grant us a royalty-free, fully paid-up, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable (through multiple tiers), transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, incorporate into other works, market, sell, offer for sale, export, and otherwise use and exploit Your Content and User Footage (in each case, or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed, for any purpose (including promotional and marketing purposes), without further authorization from, or compensation to, you or anyone acting on your behalf. You hereby waive any moral rights you may have in Your Content and User Footage to the extent permitted by applicable law. You represent that you have obtained all necessary rights, consents, licenses, and permissions for Your Content, including permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
By providing Your Content to us, you agree to these Terms. If you do not want to grant us permission to use Your Content in accordance with these Terms, please do not provide it to us on our Services.
We are not obligated to publish or use Your Content. Playhouse and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to Your Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Services, any use by you of the Services, any of Your Content on the Services, or these Terms. You shall not continue to provide any of Your Content that we have previously advised you not to provide.
You acknowledge that by submitting Your Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Playhouse or between you and any of Playhouse's third party providers other than as expressly set forth in these Terms.
Playhouse is not obligated to back up any of Your Content or User Footage, and Your Content and User Footage may be deleted at any time without prior notice. You are solely responsible for creating and maintaining backup copies of any of Your Content, and any User Footage provided to you (if applicable), at your sole cost and expense. You maintain responsibility and liability for any losses or damages you incur for failure to maintain backup copies of Your Content or User Footage. Playhouse is not liable to you for any damages or losses that result from the loss or breach of Your Content or User Footage in connection with your use of the Services.
Other users may also provide content and other materials to us or others in connection with the Services, including, without limitation, any image, likeness, audio recordings, videos (including pre- recorded videos and live videos), photographs, documents, statements and conduct on the Services, address book information, or other information or materials (collectively, “Other Users’ Content”). This Other Users’ Content belongs to the user who provided the content.
You do not have any rights in relation to the Other Users’ Content, and you may only use the Other Users’ Content to the extent that your use is consistent with the intended use of the Services to facilitate positive interactions with people for personal, non-commercial purposes, these Terms and applicable law. You may not copy any of the Other Users’ Content or use any of the Other Users’ Content for commercial purposes, to spam, to harass, make unlawful threats, or otherwise be inconsistent with the intended use of the Services. We reserve the right to terminate your account (including your access to and use of the Services) if you misuse any of the Other Users’ Content.
You agree that Playhouse is not liable for any and all injury, damage or loss caused or allegedly caused by your use of Other Users’ Content or by Playhouse’s review, or failure to review, Other Users’ Content.
If you believe any of the Other Users’ Content violates our Terms or that any other users are otherwise engaging in misconduct or inappropriate behavior, you can report such Other Users’ Content or users to us by sending us an email at email@example.com. We reserve the right, but have no obligation, to monitor disputes between you and other users. You can also report copyright infringement allegations as described in Section 7 below.
All right, title, and interest, including all intellectual property and proprietary rights in and to, the Services and all related content, analytics, algorithms, products, images, software, technology, platforms, applications, tools, graphics, data, text, any Playhouse intellectual property or proprietary rights and any other materials included on the Services, except for Your Content (collectively, “Our Content”) are the property of Playhouse or its third party licensors.
Unless otherwise expressly stated in writing by us, by agreeing to these Terms you are granted a limited, non-transferable, revocable permission, without the right to grant others permission, to access and use the Services for your personal, non-commercial use, solely as permitted by these Terms and applicable laws. You are prohibited from using, and are expressly not granted, the right to use the Services for any other purpose, unless expressly authorized in a separate written agreement between you and Playhouse. Except for the limited permission granted in these Terms, Playhouse reserves all rights not expressly granted and no such additional rights may be implied. Nothing stated or implied on the Services or Our Content confers on you any license or right under any copyright, patent or trademark of Playhouse, its affiliates or any third party.
You may not alter or remove any copyright, trademark, or other proprietary content, notice or symbol contained on the materials or otherwise made available to you through the Services. Except for Your Content, you may not publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, incorporate into other works, market, sell, offer for sale, export or otherwise exploit any part of the Services or Our Content without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
Our designated agent may be reached by contacting our Copyright Manager at firstname.lastname@example.org.
Upon receipt of a valid notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe the copyrights of others.
You grant us a royalty-free, irrevocable, perpetual, exclusive, worldwide, fully sub-licensable (through multiple tiers), transferable license to use, copy, and modify your Feedback for any purpose, including, but not limited to, incorporation or implementation of such Feedback into the Services, and to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, incorporate into other works, market, sell, offer for sale, export, and otherwise use and exploit such Feedback (or any portion thereof), in any way that we want and in any form, media, or technology now known or later developed, without further authorization from, or compensation to, you or anyone acting on your behalf. Should you disclose to us any unsolicited inventions or ideas as part of your Feedback, including, but not limited to, technology, products, systems, and services, we may use and build upon such information without any restriction. We are under no obligation to keep your Feedback confidential. For the purposes of this paragraph, “Feedback” means any ideas or opinions regarding the Services, provided in any form, including comments on or suggested changes to current or future Services.
You agree that we may provide you with notices by email, regular mail, SMS push notifications, or postings on the Services. We may send you communications related to your use of Services, including promotional and marketing communications.
You can delete your account at any time in your account settings.
We may suspend or terminate your access to and use of the Services for any or no reason at any time without notice. Upon such suspension or termination, your right to access and use the Services will terminate immediately. You understand that any termination of your right to access and use the Services may involve deletion of Your Content from our systems. Even after your rights to access and use the Services are terminated, all provisions that by their nature should survive the termination of your right to access and use the Services will survive, including: Section 2-5, 6 (except for the second paragraph), 7-23, and 25.
We do not conduct criminal background or identity verification checks or otherwise screen individuals who use the Services. However, we reserve the right to conduct - and you authorize us to conduct - a criminal background check or similar screenings (such as sex offender registration searches), at any time and using available public records, and you agree that any information you provide may be used for that purpose.
Background checks and screening tools do not guarantee your safety. You are solely responsible for your interactions with other users, and you should take sensible safety precautions and use your best judgment when communicating or meeting with people. You agree to use caution in all interactions with other users, including if you decide to communicate off the Services or meet in person.
We are not responsible for the conduct of any user on or off the Services, and disclaim all warranties with respect to that conduct. We assume no responsibility for verifying the accuracy of the information provided by users on the Services. Our liability arising out of or related to the Services, including as a result of online, offline, or in-person interactions with other users, shall be limited to the extent specified in the Terms.
All trademarks, service marks, logos, trade names, trade dress, slogans and designs on the Services, whether registered or unregistered, are proprietary to Playhouse or to other companies where so indicated, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Playhouse, its licensees and affiliates, or any third party. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the intellectual property of Playhouse and may not be copied, imitated or used, in whole or in part, without our prior written permission.
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, QUALITY, CORRECTNESS, OR COMPLETENESS OF THE SERVICES OR ANY DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY PLAYHOUSE. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTY THAT THE SERVICES WILL PROVIDE ANY SPECIFIC RESULTS. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SPEEDY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED, LEGAL, OR SAFE. PLAYHOUSE DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY CONTENT ON THE SERVICES, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY CONTENT ON THE SERVICES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF PLAYHOUSE SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL PLAYHOUSE, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR COSTS OF PROCUREMENT OR SUBSTITUTE SERVICES OR PRODUCTS, IN EACH CASE, ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT ON THE SERVICES, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF PLAYHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PLAYHOUSE WILL NOT BE LIABLE FOR ANY DEFAMATORY, DEFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PLAYHOUSE’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYHOUSE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, INCLUDING DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY) SHALL BE LIMITED TO THE GREATER OF (I) $50 OR (II) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
You agree to indemnify, hold harmless, and defend Playhouse, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective current or former officers, owners, directors, shareholders, contractors, agents, representatives, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, awards, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your use of Content on the Services), (ii) your conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. Playhouse reserves the right to take exclusive control and defense of any such claim, and you agree to fully cooperate with use in asserting any available defense. You shall not settle any such claim without the prior written consent of Playhouse. These obligations will survive any termination of these Terms.
You may not assign these Terms or any rights or obligations herein without the prior written consent of Playhouse and any attempted assignment in contravention of this provision is null and void and of no force or effect. Playhouse has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO MANDATORY, BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
These Terms shall be governed by, and construed in accordance with, the laws of the United States and the State of New York without regards to the conflicts of law principles thereof. If any clause or provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such clause or provision shall not affect the validity of the remaining clauses or provisions of these Terms, including but not limited to the class action waiver. You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms, you shall bring such dispute in the courts of New York County, New York, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts.
All claims arising in connection with your use of the Services should be reported and brought to our attention as soon as possible in a written statement delivered to email@example.com. To the maximum extent permitted by law, you permanently and irrevocably waive your rights to bring any claim in connection with your use of the Services unless you bring it within one (1) year of the date of the event giving rise to such claim.
EXCEPT FOR DISPUTES THAT QUALIFY TO BE HEARD IN SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND PLAYHOUSE OR ANY OF ITS AFFILIATES, LICENSORS, OR SUPPLIERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
YOU AGREE THAT PLAYHOUSE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU FURTHER AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY AND THAT CLASS ARBITRATIONS, CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU HEREBY AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR ARBITRATION.
The arbitration will be administered by the American Arbitration Association (the “AAA”) under the Consumer Arbitration Rules (the “Rules”) (available from the AAA at www.adr.org), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in- person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to the parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will, to the extent required to make this Section 20 enforceable, pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator will be bound by these Terms, when not in conflict with applicable law, and the arbitrator’s decision will be binding and final, subject only to limited right of judicial review provided under the Federal Arbitration Act. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, we may use the applicable Rules to determine whether you are responsible for the filing, administrative and arbitrator fees. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local government agencies or from seeking public injunctive relief in court where that right cannot be waived under applicable state law.
You agree that (i) a breach of these Terms may result in irreparable harm to Playhouse such that a remedy at law alone would be inadequate, (ii) Playhouse is entitled to seek equitable relief (including injunction) or any other relief that a court may deem proper, and (iii) you will not raise as a defense or an objection to the request for or granting of such equitable relief that any breach of these Terms is or would be compensable by an award of monetary damages.
These Terms constitute the entire agreement between you and us concerning the Services. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services. In interpreting the these Terms, the conjunction “or” will be understood in its inclusive sense (and/or), and use of the words “includes” or “including”, “for example”, or “e.g.” (and their derivatives) will be deemed to be followed with the phrase “without limitation”.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
We may update, modify, supplement or reduce the Services (each, an “Update”) at any time. Such Updates may include the release of fixes, patches, updates or upgrades to the Services. We may automatically implement any such Update, and these Terms will apply to all such Updates.
We may amend, modify, supplement, or update these Terms from time to time to accurately reflect our Services and practices and regulatory requirements. Unless otherwise required by law, we will notify you by updating the Effective Date on these Terms.
We hope that you will continue using the Services, but if you do not agree to our updated Terms, you must cease use of the Services. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of those terms.
In addition to the other terms set forth herein, the provisions of this Section also apply to you if you obtained the Services from Apple’s App Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any product liability claim; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereunder.