Playhouse Terms of Use
Effective Date: 10/21/2025
These Playhouse Terms of Use (the "Terms") are provided to you by Playhouse Studios Inc. and our affiliates (collectively, "Playhouse", "we", "us", or "our") and govern your access, use, experience, submission of information or content to, appearance in or participation in the Services (as defined below) (collectively, "Use" or "Using"). Playhouse owns or operates certain mobile applications, software, applications, websites or online services that link to and are governed by these Terms as well as certain other products or services offered by or on behalf of Playhouse including, without limitation Games (as defined below), promotions, Shows and any data, content, materials or other information contained in or provided by or through any of the foregoing (collectively, the "Services"). Your Use of the Services in any manner is governed by, and conditioned on your acceptance of, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES IN ANY MANNER. THESE TERMS CONTAIN DISCLAIMER OF WARRANTIES (SECTION 17), DISCLAIMERS OF LIABILITY (SECTION 18) AND AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 21), SO PLEASE REVIEW THEM CAREFULLY BEFORE CONTINUING.
We may also offer certain paid Services (the "Paid Services"), which are subject to any payment terms we put in place or, if not additional payment terms apply to the Paid Services, the terms and conditions which relate to Paid Services in Section 8. In addition, some of our Services include the creation, provision, and exhibition of shows that may be streamed or otherwise exhibited on our Services or on various third-party platforms which integrate with our Services (the "Shows") and may be subject to, and conditioned on your acceptance of, certain additional terms including, without limitation, a supplemental media release and waiver. Without limiting the foregoing, these Terms or your Use of the Services may be governed by additional terms, conditions and/or policies and which you acknowledge and agree govern Use of the Services (the "Additional Terms"). All such terms and conditions, along with any Additional Terms that are disclosed to you in connection with your Use of the Services, are incorporated into these Terms by reference. For the purposes of these Terms: (i) "Party" or "Parties" refers to Playhouse and/or you; (ii) "you" or "your" means you, the end user Using the Services; and (iii) "Terms" refers collectively to these Playhouse Terms of Use, and all other Additional Terms which are incorporated by reference herein.
By Using the Services (either as a registered or unregistered user) in any manner, you acknowledge and agree that you have read, understand, and agree to be, and are, legally bound by the following: (i) these Terms; (ii) our Privacy Policy which is available at https://www.playhousestudios.com/privacy and which is hereby incorporated by reference; and (iii) any Additional Terms as they relate to the Services offered by us from time to time. Your Use of the Services is conditioned upon your acceptance of and compliance with these Terms. Any Use of the Services in violation of these Terms will be deemed a violation of these Terms. We may update the Terms from time to time, so you should check this page regularly for updates. Please see Section 26 for more information regarding how we may update the Terms from time to time.
1. Eligibility
Before creating an account with us, please check that you are eligible to Use the Services. By accessing or Using our Services in any manner, you hereby represent, warrant and covenant to us that:
- If you Use the Services to audition for or participate in any Show or to participate in the Games (as defined below), you are at least 18 years old (or another age as otherwise stated or required by us), or older if required by your jurisdiction;
- For all other Services other than to audition for or participate in a Show or to participate in the Games (as defined below), you are at least 16 years old (or another age as otherwise stated or required by us), or older if required by your jurisdiction;
- You are legally permitted to Use the Services under the laws of your jurisdiction;
- If required by us to provide such information, you are providing complete, accurate, and up-to-date information about yourself when Using the Services;
- You do not have more than one account on the Services;
- You have not been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence;
- You are not required to register as a sex offender with any government entity;
- You are not located in a jurisdiction that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country;
- You are not on any list of individuals prohibited from conducting business with the United States of America; and
- You have not been previously removed from the Services by us, unless you have our written permission to create a new account.
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 in any manner. We may refuse Use of the Services to you at any time.
Our prior approval may be required to access certain of our Services. Until you have our approval, you may not access such Services.
You understand and agree that in order to Use our Services, we may require you to be a registered user of certain of our other products and services.
2. Opening an Account
In order to Use certain Services, you may be required to open an account with us. In opening an account, you will not choose a nickname or alias that is defamatory or offensive, or in any way intended to impersonate a real person or brand or to be used for any nefarious purpose, and you agree that we reserve the right to amend your nickname or alias in our sole and absolute discretion, including if we believe, in our sole discretion, that you have breached this Section 2.
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. We will not be liable for any loss that you may incur as a result of or from any unauthorized use of your account, whether fraudulent or otherwise. If you have reason to believe that someone is using your account without your permission, you should contact us immediately at support@playhousestudios.com.
We allow our account holders to log into the Services after successful validation of an authentication code or via another authentication method supported by or on behalf of us through the Services. If you wish to log into the Services, you will need to request an authentication code that will be sent to you via SMS or you will need to rely on one of our other supported authentication methods for Using the Services. You will need a new authentication code each time you log in unless otherwise specified via the Services.
As a part of the Services, you may receive other communications through the Services, including messages that we send you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions regarding privacy and how we handle your personal information, please see our Privacy Policy available at https://www.playhousestudios.com/privacy. By consenting to receive an authentication code through SMS or other SMS messages, you certify that the telephone number you have provided to us is your contact number and that you want us to send information regarding your account, transactions with us or that we think may be of interest to you, which may include us using automated dialing technology to text you at the telephone number you provided and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a telephone phone number has consented to receive communications from us. You agree to indemnify and hold the Playhouse Parties (as defined below) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.
3. Your Use of the Services
You represent, warrant and covenant that you will Use the Services in strict accordance with all applicable laws and regulations, as well as in accordance with these Terms and any Additional Terms.
You may not Use, or attempt to 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, rules or regulations. Without limiting the foregoing, you agree not to engage or attempt to engage, directly or indirectly, in the conduct below (or to facilitate or support others in doing so):
- Use the Services in violation of these Terms, any Addition Terms, any applicable laws, rules or regulations, or attempt to Use parts of the Services (or other computer systems or networks connected to or used together with the Services) to which you are not authorized, or remove, circumvent, damage, disable or otherwise attempt to circumvent or interfere with any restrictions imposed on your Use of the Services, including (i) security-related features of the Services; (ii) any digital rights management mechanism or other content protection or access control measures; and (iii) features that enforce limitations on your Use of the Services;
- Use or attempt to Use another user's account without authorization from that user and us, or solicit account credentials from other users for any purpose or impersonate any person or otherwise post or upload misleading content;
- submit, upload or transmit any content, data or information including any private or proprietary information that you do not have the right to disclose, including to submit, stream, or otherwise disclose pictures, video, or voice recordings of any person without their consent in a manner which violates or infringes any third party's intellectual property or other proprietary rights;
- capture or record any images, video or content that you Use through the Services except through the Services' authorized features;
- bully, intimidate, harass, stalk, assault, harm, or otherwise mistreat anyone on the Services;
- provide, post, publish, submit, upload, transmit or otherwise make available content in violation of Section 5 (User Submissions & User Footage) below or any additional guidelines that we post in our discretion and which shall be deemed Additional Terms for purposes of these Terms;
- Use the Services for any purpose other than a Use of the Services which is authorized by us in writing, or which is supported or intended by the Services' authorized features;
- Use of the Services in a manner which involves the unauthorized sale, offering for sale, licensing, sublicensing, renting, leasing, assigning, transferring, distributing, hosting, making available or otherwise commercially exploiting to any third party, all or any part of the Services; Using the Services for purposes of benchmarking; or Using all or any part of the Services in order to build a website, application, product or service which is similar to or competes with the Services;
- engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use of any other unauthorized automated means to compile information; take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; or upload, transmit, or make available any viruses, malware, or malicious code or other harmful or deleterious programming routine, or use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- engage in any conduct designed or which enables you or others to (i) decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services, or (ii) copy, modify, or create derivative works of the Services, or any part thereof;
- engage in any cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Services;
- violate or exceed the licenses or permissions granted by us under these Terms or which otherwise violates the intellectual property or other proprietary rights of us or our licensors; or
- engage in any other conduct that restricts or inhibits any person from Using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
We reserve the right to monitor your Use of the Services to determine your compliance with these Terms and we may suspend and/or terminate your Use of the Services at any time if we believe, in our sole discretion, that you are in breach or are reasonably likely to be in breach of 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.
4. Content
While Using the Services, you will have access to certain data, information, materials or other content that you, others, or we may provide in connection with the Services. For purposes of these Terms, "Service Content" means Third-Party Content and Our Content (as each term is defined below) and "Third-Party Content" means User Submissions and Other User Submissions (as each term is defined below).
The posting or publishing of Third-Party Content or User Footage (as defined below) on the Services is not in any way intended to state, suggest, or imply endorsement by Playhouse, including as to the truth, accuracy, appropriateness, suitability, completeness, validity, quality, or reliability of the Third-Party Content or User Footage. There may be some users of the Services and participants in the Shows or Games who are compensated by Playhouse for providing User Footage and other Third-Party Content for the Services.
We are not responsible for Service Content on the Services and have no duty to monitor Service Content posted on the Services. You Use any Service Content on the Services at your own risk. As between the Parties, you acknowledge that Playhouse is not responsible for, and cannot and does not guarantee, the accuracy, appropriateness, suitability completeness, validity, quality or reliability of any Service Content on the Services and that it is your sole responsibility to review Service Content before your Use thereof.
5. User Submissions & User Footage
Certain areas of the Services may enable you to post, publish, submit, transmit, upload, send, or otherwise provide information, data, content, materials, text, photos, video, or audio to us or other persons including, without limitation, any User Footage, Shows, Games (as each capitalized term is defined below) name, image, likeness, voice, audio recordings, videos, photographs, documents, statements and conduct on the Services, address book information, or other information, data or materials, including those created or uploaded using third-party tools (collectively, "User Submissions"). You remain fully responsible for your User Footage or other User Submissions that you provide to us or others, or otherwise use, in connection with the Services.
The Services may contain features that allow you and other users to record your own respective actions taken on the Services or may record your own respective participation in a Show or Game, which may be in the form of photographs, videos, voice recordings, or any other types of media created and captured via the Services (collectively, "User Footage") and allow you to share such User Footage with others. By Using the Services, you hereby give us consent to record your User Footage.
You acknowledge and agree that, as between the Parties except as expressly provided for hereunder, all right, title and interest in and to any User Submissions (including, without limitation, any User Footage) is expressly reserved by the respective owner or rights holder including, without limitation, any intellectual property rights embodied therein or derivatives, enhancements, modifications or improvements thereto.
Notwithstanding the foregoing, to the extent that you have any right, title and/or interest in or to User Submissions, you hereby grant us a royalty-free, fully paid-up, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable (through multiple tiers), transferable right and license in and to such User Submissions (including, without limitation, any User Footage, Shows or Games which you own or otherwise have right, title or interest in or to) in order for us or our licensees to publish, reproduce, distribute, transmit, display, broadcast, perform, edit, adapt, modify, translate, create derivative works of, incorporate into other works, market, sell, offer for sale, export, and otherwise use and exploit User Submissions in order to operate, maintain or improve the Services, or our other products or services, in connection with any form, media, or technology now known or later developed, for any and all lawful purposes. For clarity, the foregoing license: (i) does not give us any ownership of User Submissions which, as between the Parties you shall continue to own; (ii) includes the right to rely on your or any other person's name, likeness, voice, or image that may be embodied in User Footage or any other User Submissions without further authorization from, or compensation to, you in perpetuity; and (iii) waives any right that you may have to inspect or approve the finished product where the name, likeness, voice or image appears including, without limitation, any moral rights related thereto. For certain features of the Services, if you do not consent to being recorded, you may not be able to participate in the Services using such features. You remain fully responsible for any User Footage (including any third-party material that may be contained within the User Footage) and other User Submissions that you provide to us or others, or otherwise use, in connection with the Services. You hereby represent, warrant and covenant to us that you have all necessary consents, licenses or permissions necessary to provide us with User Submissions without the violation or infringement of any third party's intellectual property or other proprietary rights.
You shall not provide us with any of User Footage or other User Submissions which:
- infringes on intellectual property or proprietary rights of any third party or us;
- is false, misleading, libelous, defamatory, obscene, sexually-explicit (including nudity and pornography), harassing, abusive, hateful, violent, or threatening;
- violates a third party's right to privacy or publicity;
- degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other applicable legally protected characteristics;
- is unlawful or which encourages or advocates for any illegal, immoral or objectionable activity;
- contains the name, identity, voice or likeness of another person without that person's consent, or in the case of a minor, the minor's parent's or guardian's consent;
- be harmful to minors in any way;
- transmit, store, or otherwise make available material which contains any material of a commercial nature which is not authorized by us in writing, or which is not supported or intended by the Services' authorized features including, without limitation, unauthorized advertising, promotions, "junk mail," "spam", "pyramid schemes", "chain letters", or solicitation of any kind;
- transmit, store, or otherwise make available material which is irrelevant to the subject matter of the Services;
- add to your profile or other public or social features any confidential, personal contact information or banking information;
- contain any form of malicious computer code (e.g., viruses, bugs, trojan horses, etc.) which could disable or disrupt any of the Services; or
- otherwise be inconsistent with the intended use of the Services to facilitate positive interactions with people for personal, non-commercial purposes except as otherwise authorized by us in writing, or which is supported or intended by the Services' authorized features.
Some of your User Footage or other User Submissions will be visible to other users or to the general public, so be sure that you are comfortable sharing your User Footage or other User Submissions before you provide such. You acknowledge and agree that others may view, edit, and otherwise use any of your User Footage or other User Submissions that you submit, including producers of Games or Shows for purposes of creating, broadcasting and streaming Shows or operating Games on the Services and third-party platforms. If you share your User Footage or other User Submissions publicly on the Services and/or in a manner that more than just you or we can view, then you hereby grant us the right and license detailed above with respect to your User Footage or other User Submissions, as well as a license to display, perform, and distribute your User Footage or other User Submissions for the purpose of making that User Footage and other User Submissions accessible to all Playhouse users and providing the Services necessary to do so. Also, you grant all other Playhouse users of the Services a right and license to access that User Footage and other User Submissions, and to use and exercise all rights in it, as permitted by the functionality of the Services.
By providing your User Footage or other User Submissions to us, you agree to these Terms. If you do not want to grant us the licenses, rights, and permissions to use your User Footage or other User Submissions in accordance with these Terms, please do not provide it to us on or through our Services.
We are not obligated to publish or use your User Footage or other User Submissions. 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 the Service 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 User Footage or other User Submissions on the Services, or these Terms. You shall not continue to provide any of your User Footage or other User Submissions that we have previously advised you not to provide.
You acknowledge that by submitting your User Footage or other User Submissions, 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 User Footage or other User Submissions, and your User Footage or other User Submissions may be deleted at any time without prior notice. You are solely responsible for creating and maintaining backup copies of any of your User Footage or other User Submissions 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 User Footage or other User Submissions. Playhouse is not responsible for, or liable to you for any damages or losses related to your User Footage or other User Submissions or as a result of your User Footage or other User Submissions, or as a result of removal, modification, blocking of, or other damage or loss of your User Footage or other User Submissions.
6. Other User Submissions
Other users may also provide content and other materials to us or others in connection with the Services, including, any image, likeness, audio recordings, videos, photographs, documents, statements and conduct on the Services, address book information, or other information or materials, including those created or uploaded using third-party tools (collectively, "Other User Submissions"). Other User Submissions belongs to the user who provided the content. The views expressed in Other User Submissions and any User Footage of other users are the views of the individual concerned, not those of Playhouse.
You do not have any rights in relation to Other User Submissions or User Footage of other users except as expressly set forth in writing pursuant to these Terms or otherwise in a valid writing by us, and you may only use Other User Submissions and User Footage of other users as permitted by us and to the extent that your use is consistent with the intended Use of the Services, these Terms and applicable law. You may not copy any of Other User Submissions or User Footage of other users or use such for commercial purposes other than as permitted by the functionality of the Services or as authorized by the applicable rightsholder, to spam, to harass, make unlawful threats, or otherwise act in an inconsistent manner 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 Other User Submissions or User Footage of other users.
You agree that Playhouse is not liable for any and all injury, damage or loss caused or allegedly caused by your use Other User Submissions or User Footage of other users or by Playhouse's review, or failure to review, Other User Submissions or User Footage of other users.
If you believe any of Other User Submissions or User Footage of other users violates our Terms or that any other users are otherwise engaging in misconduct or inappropriate behavior, you can report such Other User Submissions, User Footage, or users to us by sending us an email at support@playhousestudios.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 9 below.
7. Our Content
As between you and Playhouse, all right, title, and interest including, without limitation, all intellectual property and proprietary rights in and to the Services, as well as any derivatives, enhancements, modifications or improvements thereto other than User Submissions or User Footage (collectively, "Our Content") are the property of Playhouse or its third-party licensors, as applicable.
Subject to your strict compliance with these Terms and any Additional Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, revocable right and license to access and use the Services for your personal use, solely as permitted by Playhouse, these Terms, any Additional Terms and all applicable laws, rules or regulations related to your Use of the Services. The foregoing limited right and license: (i) does not give you any ownership of, or any other intellectual property interest in, Our Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or any liability. For good and valuable consideration, the sufficiency of which you hereby acknowledge, you hereby unconditionally and irrevocably assign, transfer and otherwise convey to us throughout the universe, in perpetuity, all right, title and interest in and to Our Content. You are prohibited from using, and are expressly not granted, the right to use Our Content for any purpose other than the limited right to (i) use the Services as set forth in this paragraph and (ii) use other users' User Footage to Use the Services and create content for use in the Shows and on the Services as set forth in Section 5, unless expressly authorized in a separate written agreement between you and Playhouse. Playhouse reserves all rights not expressly granted and no such additional rights may be implied. Nothing stated or implied in Our Content confers on you any license or right under any intellectual property or other proprietary rights of Playhouse or of 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 or Service Content. Except for User Submissions or your User Footage, 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 the Service Content without our prior written consent or as otherwise expressly provided hereunder.
8. Paid Services
Paid Services are subject to payment at the rates specified and made available through the Services. Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of these Terms as Additional Terms. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, YOU MAY DO SO VIA THE SERVICES.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE VIA THE SERVICES. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Unless you opt out of auto-renewal, which can be done via the Services, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings or, for mobile applications, cancel your subscription in the subscription management section of the applicable app store. If you terminate Paid Services, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Services through your account settings or terminate your account before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, we will not refund any fees that you have already paid.
Your non-termination or continued use of Paid Services reaffirms that we are authorized to charge your Payment Method for Paid Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use Paid Services.
Any free trial or other promotion that provides access to Paid Services must be used within the specified time of the trial and in accordance with any Additional Terms. You must stop using Paid Services before the end of the trial period in order to avoid being charged for Paid Services. If you cancel prior to the end of the trial period and are inadvertently charged for Paid Services, please contact us at support@playhousestudios.com.
9. Copyright Infringement
We respect intellectual property rights and have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act. 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:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit Playhouse to contact you, such as your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent may be reached by contacting our Copyright Manager at support@playhousestudios.com.
Upon receipt of a valid notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe the copyrights of others.
10. Feedback
For the purposes of this paragraph, "Feedback" means any ideas, suggestions, opinions, or other feedback, provided in any form to us, including comments on or suggested changes to current or future Services and Our Content. Without limiting our rights in Our Content, you hereby grant us a royalty-free, fully paid-up, irrevocable, perpetual, exclusive, worldwide, fully sub-licensable (through multiple tiers), transferable license to use, copy, and modify your Feedback for any purpose, including, incorporation or implementation of such Feedback into the Services and Our Content, 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 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.
11. Communications
You agree that we may provide you with notices by email, regular mail, SMS push notifications, or postings on the Services. By signing up for an account or by communicating with us electronically, such as via email, we may send you communications related to your use of Services or Service Content, including promotional and marketing communications. Additionally, by participating in the Shows or Games, or otherwise using the Services related to the Shows or Games, you hereby agree that the respective producers of such Shows or Games may contact you for purposes of creating, producing, exhibiting, and administering the Shows or Games.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices and other communications delivered or mailed to the postal address or to the e-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
Any notices to us must be sent to support@playhousestudios.com. Provided that you have our prior written consent and only while that written consent remains in effect and to the extent of that written consent, you may contact participants of your Shows and Games or other users of services related to your Shows and Games. To the extent you contact any participants or users as permitted by us, you hereby agree that you will only use such participants' and users' personal information for purposes of creating, producing, or exhibiting the Show or Game and in accordance with our instructions and the Privacy Policy.
12. Links and Third-Party Materials
The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by Playhouse ("Third-Party Links"). Activating Third-Party Links may cause you to leave the Services. The Third-Party Links do not constitute an endorsement by Playhouse of those other websites or online services, the content displayed therein, or the persons associated therewith. We may also display and make accessible promotions, advertisements, content, services, products and offers provided by third parties ("Third-Party Promotions"). These Terms do not apply to such Third-Party Links or Third-Party Promotions, and such Third-Party Links and Third-Party Promotions are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services. Your use of any such Third-Party Links and Third-Party Promotions is solely at your own risk. You acknowledge that we are not responsible or liable for the content, or related products or services, of the Third-Party Links or Third-Party Promotions and that we do not make any representations or warranties regarding the same. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource. You agree that your sole remedy in connection with any Third-Party Link or Third-Party Promotion will be with the third party offering such products and services and that you will have no remedy against us, and to the maximum extent permitted by law will not seek to exercise any remedy against us, arising from your participation in, or inability to participate in, any Third-Party Promotion or Third-Party Link.
We may incorporate third party services, software, technology, data, or other content (collectively, "Third-Party Materials") either independently or in connection with various programs, features, or functions available through the Services. Your use of Third-Party Materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree and acknowledge that Playhouse assumes no liability with respect to your use of such Third-Party Materials whether you are aware of their use or not and whether or not the use of such Third-Party Materials is endorsed or recommended by Playhouse.
We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms and conditions and privacy policies of those platforms and related services. We have no control over such social media platforms or related services.
13. Suspension and Termination
You are free to stop using the Services at any time. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you stop using the Services.
We may suspend or terminate your Use of the Services for any or no reason at any time without notice. Upon such suspension or termination, your right to Use the Services and any rights granted to you under these Terms will terminate immediately. You understand that any termination of your right to Use the Services may involve deletion of User Submissions or User Footage from our systems. Any suspension or termination will not affect your obligations to us under these Terms. Even after your rights to 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 the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
14. No Criminal Background or Identity Verification Checks
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 hereby 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 hereby expressly disclaim all representations or 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.
15. Privacy
By using our Services, you agree that we may collect and use your personal data. For information about how Playhouse collects, uses, and shares your personal information, please read our Privacy Policy available at https://www.playhousestudios.com/privacy.
16. Trademarks
All trademarks, service marks, logos, trade names, trade dress, slogans and designs on the Services, whether registered or unregistered, are (i) proprietary to Playhouse or to other companies where so indicated, (ii) protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws, and (iii) as between the Parties, deemed Our Content. The use or misuse of these marks, except as expressly permitted herein, is expressly prohibited, and nothing stated or implied confers on you any license or right with respect to the marks. 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 are deemed to be Our Content and may not be copied, imitated or used, in whole or in part, without our prior written permission. You acknowledge and agree that all goodwill in, from the use of, or otherwise related to our marks inures to the benefit of Playhouse.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND SERVICE CONTENT ARE ENTIRELY AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS, STATUTORY, OR IMPLIED, ABOUT THE SERVICES OR SERVICE CONTENT, INCLUDING THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY SERVICE CONTENT, THIRD-PARTY LINKS OR THIRD-PARTY PROMOTIONS. THE SERVICES AND SERVICE CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING: (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 ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE TRUTH, ACCURACY, APPROPRIATENESS, SUITABILITY, VALIDITY, RELIABILITY, QUALITY, CORRECTNESS, OR COMPLETENESS OF THE SERVICES OR ANY DATA OR CONTENT (INCLUDING, FOR CLARITY, THE SERVICE CONTENT) MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY PLAYHOUSE. FURTHER, THERE IS NO WARRANTY (EXPRESS, STATUTORY, OR IMPLIED) THAT THE SERVICES OR SERVICE CONTENT 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 (EXPRESS, STATUTORY, OR IMPLIED) THAT THE SERVICES OR SERVICE CONTENT WILL PROVIDE ANY SPECIFIC RESULTS AND MAKE NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; ANY USER'S ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MAY MEET THROUGH THE SERVICES. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, THE CONTENT (INCLUDING, FOR CLARITY, THE SERVICE 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 (INCLUDING, FOR CLARITY, THE SERVICE CONTENT) ON THE SERVICES, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY CONTENT (INCLUDING, FOR CLARITY, THE SERVICE CONTENT) ON THE SERVICES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF PLAYHOUSE SHALL CREATE ANY WARRANTY. FOR PURPOSES OF THIS SECTION 17, "WE" INCLUDES THE PLAYHOUSE PARTIES (AS DEFINED BELOW).
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.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE PLAYHOUSE PARTIES (AS DEFINED BELOW) BE LIABLE FOR DAMAGES OR LOSSES INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, 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 USE OF OR OTHER ACCESS TO, MISUSE OF, OR INABILITY TO USE THE SERVICES, INCLUDING ANY CONTENT ON OR THROUGH THE SERVICES (INCLUDING, FOR CLARITY, THE SERVICE CONTENT), OR ANY THIRD-PARTY LINKS OR THIRD-PARTY PROMOTIONS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE PLAYHOUSE PARTIES HAVE 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, USER SUBMISSIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT FROM SUCH OR ON ANY WEBSITE LINKED TO SUCH. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE PLAYHOUSE PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, DEFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES OR SERVICE CONTENT.
THE PLAYHOUSE PARTIES (AS DEFINED BELOW) ASSUME NO RESPONSIBILITY FOR ANY CONTENT (INCLUDING, FOR CLARITY, THE SERVICE CONTENT) THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES ON OR THROUGH OUR SERVICES; NOR DO THE PLAYHOUSE PARTIES ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH THE SERVICES.
THE PLAYHOUSE PARTIES (AS DEFINED BELOW) WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL (INCLUDING, FOR CLARITY, THE SERVICE CONTENT OR USER SUBMISSIONS) UPLOADED OR TRANSMITTED ON OR THROUGH THE SERVICES AND YOU CONFIRM THAT THE PLAYHOUSE PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES OR THE SERVICE CONTENT. PLAYHOUSE RESERVES THE RIGHT TO CANCEL OR SUSPEND THE SERVICES AND THE SERVICE CONTENT WITHOUT INCURRING ANY LIABILITY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PLAYHOUSE PARTIES' 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 AND WITHOUT LIMITING THE FOREGOING, THE PLAYHOUSE PARTIES' (AS DEFINED BELOW) AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE SERVICES, THE SERVICE CONTENT, OR TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, INCLUDING DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY) SHALL BE LIMITED TO (IN THE AGGREGATE) 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.
THE PLAYHOUSE PARTIES (AS DEFINED BELOW) ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY, OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
19. Indemnification
You agree to indemnify, hold harmless, and defend (at our option) Playhouse, its parent, subsidiaries, affiliates, and licensors, any party (excluding you) involved in operating, creating, producing, or delivering the Services or Service Content, including producers of any Shows or Games, and each of their respective current or former officers, owners, directors, shareholders, contractors, agents, representatives, employees, general and limited partners, and each of their respective successors, and assigns (collectively, the "Playhouse Parties") from and against any and all demands, claims, investigations, damages, awards, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms (including personal injury, death, or damage to or loss of property), including reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with: (i) your Use of the Services (including, your Use of the Service Content); (ii) your conduct in connection with the Services or the Service Content, including any information you submit to us or other users, including User Submissions and User Footage; (iii) your violation or breach of these Terms, any Additional Terms or any misrepresentation made by you; (iv) your failure to comply with any applicable laws or regulations in connection with the Services or the Service Content; (v) your negligence, willful misconduct, fraud or violations of the intellectual property or other proprietary rights of any person in connection with the Services or the Service Content including, without limitation, any rights of privacy; or (vi) any of your dealings or transactions with other persons resulting from Use of the Services or the Service Content, including your access to or dealings with Third-Party Links and Third-Party Promotions. Playhouse reserves the right to take exclusive control and defense of any such claim, and you agree to fully cooperate with us 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.
20. Assignment
You may not assign, sublicense, or otherwise transfer these Terms or any rights or obligations herein, in whole or in part, 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, sublicense, or otherwise transfer these Terms, and any of its rights or obligations herein, in whole or in part, to any person without requiring any additional consent and without notice. These Terms are binding upon each Party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
21. GOVERNING LAW, BINDING ARBITRATION, CLASS ACTION WAIVER, LOCATION, AND TIME PERIOD FOR BRINGING NOTICE OF CLAIM
PLEASE READ THIS SECTION 21 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. Both you and Playhouse acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Playhouse Parties are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Playhouse Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. 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.
You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision 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 or Service Content should be reported and brought to our attention as soon as possible in a written statement delivered to support@playhousestudios.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 or Service Content unless you bring it within one (1) year of the date of the event giving rise to such claim.
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.
(a) Arbitration Rules; Applicability of Arbitration Agreement
The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will be administered in the English language by the American Arbitration Association (the "AAA") under the Consumer Arbitration Rules (the "Rules") (available from the AAA at www.adr.org) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of AAA arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration
The Rules will govern payment of all arbitration fees. Playhouse will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Playhouse will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement
Either you or Playhouse may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial
YOU AND PLAYHOUSE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Playhouse are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Playhouse over whether to vacate or enforce an arbitration award, YOU AND PLAYHOUSE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Playhouse is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out
You have the right to opt out of the provisions of this Section 21 by sending written notice of your decision to opt out to the following address: sent within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
(g) Exclusive Venue
If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Playhouse to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Playhouse agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
(h) Severability
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Playhouse.
22. Equitable Remedies
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.
To the maximum extent permitted by law, you (a) acknowledge that your right and remedies in the event of a breach of these Terms by Playhouse will be limited to the right, if any, to recover monetary damages and that monetary damages, if any, are sufficient; and (b) hereby waive any right or remedy in equity, including any injunctive relief, or to enjoin, restrain, or otherwise interfere with the Services and the Service Content.
23. Entire Agreement; Severability; Interpretation
These Terms constitute the entire agreement between you and us concerning the Services and Service Content and supersede and replace in its entirety any and all prior communications, agreements, and understandings between you and us, whether oral or written, and cannot be changed or modified by you except as posted on the Services by us. 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. In interpreting 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". The section headings used herein are for convenience only and shall not be given any legal import.
24. Relationship Between the Parties; No Third-Party Beneficiaries
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 or Service Content. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or remedies on any persons not party to these Terms.
25. No Waiver
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 Service Content or information provided to or gathered by us with respect to such Use.
26. Updates to the Services and these Terms
We may update, modify, supplement or reduce the Services (each, an "Update") at any time with or without notice. 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. Any updated Terms will be posted on this page, and the date on which the then current Terms came into (or will come into) force will be stated on this page. In certain circumstances, we may send you an email or use other means to notify you of any changes. Please check these Terms frequently for updates.
We hope that you will continue Using the Services following any updates to our Terms, but if you do not agree to our updated Terms, you must cease Use of the Services and applicable Service Content. Your continued Use of the Services and applicable Service Content after the effective date of the updated Terms constitutes your acceptance of those terms.
27. Additional Terms for Apple's App Store
In addition to the other terms set forth herein, the provisions of this Section 27 also apply to you if you obtained the Services from Apple Inc.'s ("Apple") 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 or Use of the Services, including: (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 or your possession and Use of the Services infringes any third party's intellectual property rights. To the extent accessing the Services on an Apple-branded product, 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.
28. Additional Terms for Our California Consumers
Under California Civil Code Section 1789.3, California consumers 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 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
29. Free-to-Play Games
The following terms are specific to the free-to-play games and promotions offered on or through the Services (the "Games"). For information on how to play the Games and all applicable guidelines, please review the rules for the Games. We may issue additional terms, rules, and conditions of participation in particular games or promotions (including, for clarity, the Games), which you should consult in order to understand the parameters and terms for those games and promotions and are Additional Terms as such term is used hereunder. All Games are null and void where prohibited or to the extent restricted by law.
The Games are available as part of our Services. To participate in the Games, you must have an active account in good standing. The Games are not available where prohibited or to the extent restricted by law. By participating in the Games, you hereby represent, warrant and covenant that you lawfully reside in the United States of America and are physically located in a jurisdiction where participation in the Games is legal and not prohibited or restricted by law. You also represent, warrant and covenant that you are at least 18 years old, or older if required by your jurisdiction. Playhouse Parties including, without limitation, any Game administrators (including applicable producers) and the immediate family members and their family members or persons living in the same households of all such foregoing individuals are not eligible to participate in the Games.
If we otherwise determine that you do not meet the eligibility requirements of this Section 29, in addition to any rights that we may have in law or equity, we reserve the right to terminate or suspend your account, withhold or revoke the awarding of any rewards associated with your account. No purchase or deposit is necessary in order to participate in the Games.
We may, in our absolute discretion, modify, suspend, or discontinue any part of the Services (including the Games we offer), or restrict, suspend, or terminate your access to the Services or your account, at any time, with or without notice. If we cancel or terminate a Game, any advertised rewards may, at our sole discretion, be either voided or awarded in any manner we deem fair and appropriate, consistent with laws, regulations, and rules governing such Game.
In certain Games, you may earn points, which have no cash value and may not be redeemed for cash or any other thing of value. You have no property interest in the points. We have the absolute right to manage, regulate, control, modify or eliminate such points as we see fit in our sole discretion and consistent with laws, regulations, and rules governing such Game, including, changing the availability and values of the points with or without notice, and we shall have no liability to you or anyone for the exercise of such rights. Transfers of points are strictly prohibited except where explicitly authorized within the Services. Points may not be purchased or sold by you or others in any manner. All points are forfeited (without any liability to you or as a result therefrom) if your account is terminated or suspended for any reason. We have no liability for hacking or loss of any points for any reason.
Subject to us verifying your compliance with the Terms, users who accumulate a certain number of points may be eligible for certain prizes. Prizes may not be exchanged, sold or traded. No prize transfer, assignment or substitution is permitted. We make no warranty of any kind, express or implied with respect to the prizes. We, in our sole discretion, reserve the right to revise the number of points necessary to qualify for any prize. We, in our sole discretion, also reserve the right to substitute a prize, in which case a prize of equal or greater value will be awarded.
All local, state and federal taxes associated with the receipt of any prize are the sole responsibility of the user. We will report any individual winnings over $600 (in cash or fair market value of goods or services) within a one-year period to the Internal Revenue Service or as otherwise required by applicable law. If we report any such winnings of yours to the Internal Revenue Service, you will receive a Form 1099 from us.
If you qualify for a prize, you must continue to comply with all terms and conditions of these Terms, and prize delivery is contingent upon fulfilling all requirements. Proof of lawful U.S. residency, age and identity are required to claim a prize. Prize recipients are subject to our verification, and our decisions are final and binding in all matters related to the Games. You are not a winner of any prize unless and until your eligibility has been verified and you have been notified that verification is complete. If you do not respond to our notification that you are eligible for a prize, we reserve the right to select an alternate winner. We reserve the right to terminate any Game without awarding prizes if no eligible winner(s) are verified.
You will inform us as soon as you become aware of any errors with respect to your account and you will forfeit any rewards/amounts shown to be in your account that result from human error or technical fault on the part of us or our respective vendors and suppliers.