Playhouse Studios

Playhouse Studio Producer Terms of Use

Effective Date: 09/08/23

These Playhouse Studio Producer 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 use of the Services (as defined below).  

Playhouse owns or operates the mobile applications and any other applications, website or online service that links to these Terms (collectively, the “Platforms”). The “Services” that Playhouse is providing pursuant to these Terms are: (i) the Platforms; and (ii) the products, services, promotions, and applications, including the Production Studio software (the “Software”) that are offered on the Platforms; (iii) the content contained in or provided by or through the products, services, promotions, applications, and Platforms referenced in the foregoing clauses (i) and (ii); and (iv) the opportunity to access, use, experience, submit information or content to, or participate in (collectively, “Use”) the foregoing (i) and (ii).

We may also offer certain paid services, which are subject to any payment terms we put in place. Your participation in or other Use of such Services may be subject to additional terms. All such terms and conditions, along with any additional terms and conditions that are disclosed to you in connection with your Use of the Services, are incorporated into these Terms by reference.

For the purposes hereof:

·  “Party” or “Parties” refers to Playhouse and you;

·  “you”, or “your” means you, the end user Using the Services; and

·  “Terms” refers collectively to these Playhouse Studio Producer Terms of Use, and all other terms, rules, and policies incorporated by reference herein.

By accessing, submitting information to, or otherwise Using the Services (either as a registered or unregistered user), 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 [Bill please add link to privacy policy]; and (iii) any additional terms, rules, and conditions 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.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

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. Please see Section 25 for more information.

1.             Eligibility

By Using our Services, you represent and warrant that:

·  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 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; 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. We may refuse access to the Services to anyone 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

To Use certain of our Services, you may be required to open an account. 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 you have breached this Section.  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 loss or misuse of usernames or other credentials or from any unauthorized use of your account, whether fraudulent or otherwise.

If you wish to delete your account, if you have any questions or would like assistance, please contact us at support@playhousestudios.com.

Creation of Shows & Games

Certain of our Services, including the Software, enable you to (i) create, produce, stream, and otherwise exhibit (collectively, “Develop” or “Development”) shows (in whole or in part) on various platforms (“Shows”); and (ii) create, produce, and administer (collectively, “Administer” or “Administration”) games and promotions (“Games”) on various platforms, including as part of the Shows. By using our Services, you understand and agree that the Development of all Shows and Administration of all Games are at all times subject to Playhouse’s Creative Control (as defined below). You agree that Playhouse has final approval and absolute creative control over all content and aspects of the Shows (e.g., Development, cast, show format, timing, marketing, etc.) and Games (e.g., Administration, rules, rewards, gameplay, participants, etc.) at all stages of creation, development, and exhibition (“Creative Control”). You will not use, modify, or exercise any editorial control over Our Content (as defined below) (including, for clarity, the Shows and Games), without our prior written approval. You understand that exercise of Creative Control by Playhouse concerning any of the Service Content (as defined herein) will not under any circumstances void, nullify or waive your indemnification obligations or any other of your obligations under these Terms. For clarity, Playhouse has the right, but not the obligation to review the Shows and Games and exercise its Creative Control.

You acknowledge and agree that any Show or Game (in whole or in part) is Our Content and that we may use and freely provide any Show or Game in any way that we want and in any form, media, or technology now known or later developed, for any purpose, usage, or exploitation (including promotional and marketing purposes and for broadcast and streaming on third-party platforms and social media), in our sole and absolute discretion and without further authorization from, or compensation to, you or anyone acting on your behalf.

To the extent we monetize your Show or Game, which you acknowledge and agree we may do in our sole and absolute discretion without any duty to account to you (including with respect to any compensation), we may provide you with certain payments. The terms and conditions for such payments will be under a separate agreement between you and us. You are not entitled to any payments by us for any Show or Game unless agreed to in writing by us.

If you Administer any Game, you agree to (i) abide by all of our instructions, guidelines, and terms; (ii) keep confidential all results of such Games (to the extent applicable); and (iii) conduct such Games in good faith and in a fair manner.

3.             Your Use of the Services

You agree, represent, and warrant that you will Use the Services in accordance with all applicable laws and regulations, as well as in accordance with these 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 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):

·  Use the Services in violation of these Terms, or any other policy or terms that apply to your Use of the Services, or access or attempt to access 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 or access to 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 or access to 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 any content, 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;

·  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 6 (Your Content & User Footage) below or any additional guidelines that we post in our discretion;

·  Use the Services for any purpose other than personal Use (except as otherwise authorized by us in writing);

·  engage in activity of a commercial nature (except as otherwise authorized by us in writing), including: advertising, promotions, or solicitation of any kind; soliciting money or other items of value from anyone on the Services, including gifts, loans, or other forms of compensation; selling, 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; accessing the Services for purposes of benchmarking; or accessing or otherwise 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 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 to (a) decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services, or (b) copy, modify, or create derivative works of the Services, or any part thereof;

·  violate or exceed the licenses or permissions granted by us under these Terms;

·  Use or attempt to Use the Services in any way that violates applicable law or regulations, or encourages illegal activity, or that violates any third-party rights; 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 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.

4.             Content

While Using the Services, you will have access to content that you, others, or we provide in connection with the Services. “Service Content” in these Terms means Third-Party Content and Our Content (as each of these terms is defined below). “Third-Party Content” means Your Content and Other Users’ Content (as each of these terms 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, 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 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 information contained in Service 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 Service Content on the Services.

5.             Your Content & User Footage

Certain areas of the Services may enable you to post, publish, submit, transmit, upload, send, or otherwise provide information, text, photos, video, or audio to us or other persons. You remain fully responsible for the content and other materials that you provide to us or others, or otherwise use, in connection with the Services, including, any name, image, likeness, voice, 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, “Your Content”).

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. You acknowledge and agree that any User Footage (regardless of who created such (e.g., you or another user)), including any derivatives (including derivative works), is Our Content and that we may use and freely provide any User Footage in any way that we want and in any form, media, or technology now known or later developed, for any purpose, usage, or exploitation (including promotional and marketing purposes and for broadcast and streaming on third-party platforms and social media, whether alone or as included in a Show or Game), in our sole and absolute discretion and without further authorization from, or compensation to, you or anyone acting on your behalf.

By Using the Services, you hereby give us consent to record such User Footage, Shows, and Games and 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, 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 (i) any third-party material that may be contained within the User Footage, Shows, or Games and (ii) your and any other person’s name, likeness, voice, or image that may be contained within the User Footage, Shows, or Games, in each case, 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 and for broadcast and streaming on third-party platforms and social media), without further authorization from, or compensation to, you or anyone acting on your behalf. 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, Shows, or Games (including any third-party material that may be contained within the User Footage, Shows, or Games) you provide to us or others, or otherwise use, in connection with the Services.

Your Content, User Footage, Shows, and Games must not:

·  infringe on the copyright, trademark, patent, or other intellectual property or proprietary rights of any third party;

·  be false, misleading, libelous, defamatory, obscene, sexually-explicit (including nudity and pornography), harassing, abusive, hateful, violent, or threatening;

·  violate a third party’s right to privacy or publicity;

·  degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other applicable legally protected characteristics;

·  be unlawful or encourage or advocate for illegal activity;

·  contain 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 or guardian;

·  be harmful to minors in any way;

·  transmit, store, or otherwise make available material which contains any material of a commercial nature, including 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).

Some of Your Content, User Footage, Shows, and Games will be visible to other users or to the general public, so be sure that you are comfortable sharing Your Content, User Footage, Shows, and Games before you provide such. You acknowledge and agree that others may view, edit, and otherwise use any of Your Content, User Footage, Shows, and Games that you submit, including other producers of Shows and Games for purposes of creating, broadcasting and streaming Shows on the Services and third-party platforms and administering any Games. If the Services permit you to provide us Your Content, User Footage, Shows, or Games 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)), you hereby 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, 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 Your Content (including, for clarity, your and any other person’s name, likeness, voice, or image) or any portion thereof, in each case, 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 and for broadcast and streaming on third-party platforms and social media, whether alone or as included in a Show or Game), without further authorization from, or compensation to, you or anyone acting on your behalf. For clarity, Playhouse owns all User Footage, Shows, and Games, and may freely use such as stated above in this Section 6. You hereby waive any moral rights you may have in Your Content, User Footage, Shows, or Games to the extent permitted by applicable law. You represent that you have obtained all necessary rights, consents, licenses, and permissions for Your Content, User Footage, Shows, and Games and for our use thereof as set forth in these Terms, 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.

As provided above and without limiting the foregoing, you agree that we may use any name, likeness, voice, or image contained in Your Content, User Footage, Shows, and Games as we see fit, including for commercial purposes, and you represent and warrant that you have the right to grant us permission to use any such name, voice, likeness, or image of such individual appearing in Your Content, User Footage, Shows, and Games throughout the world in perpetuity. In addition, you waive any right to inspect or approve the finished product, including written copy, where the likeness appears.

By providing Your Content, User Footage, Shows, and Games to us, you agree to these Terms. If you do not want to grant us the licenses, assignments, rights, and permissions to use Your Content, User Footage, Shows, and Games 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 Content, User Footage, Shows, or  Games. 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 Content, User Footage, Shows, or Games on the Services, or these Terms. You shall not continue to provide any of Your Content, User Footage, Shows, or Games that we have previously advised you not to provide.

You acknowledge that by submitting Your Content, User Footage, Shows, or Games 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, User Footage, Shows, or Games and Your Content, User Footage, Shows, or Games may be deleted at any time without prior notice. You are solely responsible for creating and maintaining backup copies of any of Your Content 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. Playhouse is not responsible for, or liable to you for any damages or losses related to Your Content, User Footage, Shows, or Games, or as a result of removal, modification, blocking of, or other damage or loss of Your Content, User Footage, Shows, or Games.

6.             Other Users’ Content

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 Users’ Content”). This Other Users’ Content belongs to the user who provided the content. For clarity, Playhouse owns all User Footage, Shows, and Games from other users and such is considered Our Content and is not included in Other Users’ Content. The views expressed in the Other Users’ Content and other users’ User Footage, Shows, and Games are the views of the individual concerned, not those of Playhouse.

You do not have any rights in relation to the Other Users’ Content, or the User Footage, Shows, or Games 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 the Other Users’ Content, or User Footage, Shows or Games of other users as permitted by us and 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  (except as otherwise authorized by us in writing), these Terms and applicable law. You may not copy any of the Other Users’ Content, or User Footage, Shows, or Games of other users or use such for commercial purposes, 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 the Other Users’ Content, or User Footage, Shows, or Games 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 of Other Users’ Content, or User Footage, Shows, or Games of other users or by Playhouse’s review, or failure to review, Other Users’ Content, or User Footage, Shows, or Games of other users.

If you believe any of the Other Users’ Content, or User Footage, Shows, or Games of other users violates our Terms or that any other users are otherwise engaging in misconduct or inappropriate behavior, you can report such Other Users’ Content, User Footage, Shows, Games, 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 10 below.

7.             Our Content

As between you and Playhouse, all right, title, and interest, including all intellectual property and proprietary rights in and to, the Services, the Shows, Games, User Footage (regardless of the creator, e.g., you or other users), and all content, analytics, algorithms, products, promotions, games, images, photos, videos, audio, marks, software, technology, platforms, applications, tools, graphics, data, text, any Playhouse intellectual property or proprietary rights and any other materials included on or related to the Services, User Footage, Games, and the Shows, except for Your Content (collectively, “Our Content”) are the property of Playhouse or its third party licensors.

Subject to your strict compliance with these Terms, we grant you the following permissions:

·  a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, revocable permission, without the right to grant others permission, to access and use the Services for your personal, non-commercial use (except as otherwise authorized by us in writing), solely as permitted by Playhouse, these Terms, and applicable laws.

·  a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, revocable, permission for a period of one (1) year, without the right to grant others permission, to display and publicize the Show and Game you have created solely as permitted by Playhouse, these Terms, and applicable laws.

·  a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, revocable, permission, without the right to grant others permission, to access, use, edit, and modify any Show or Game you are creating solely for purposes of creating such Show or Game and solely as permitted by Playhouse, these Terms, and applicable laws.

·  a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, revocable permission, without the right to grant others permission, to use your User Footage and the User Footage of other users solely for purposes of accessing and using the Services and creating content for use in the Shows and Games and on the Services as permitted by Playhouse, these Terms, and applicable laws.

The foregoing limited permissions: (i) do 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 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 rights stated above in this Section 8, 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 copyright, patent or trademark of Playhouse 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 or Service Content. 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 the Service Content without our prior written consent or as otherwise expressly provided hereunder.

8.             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.

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 e-mail, we may send you communications related to your use of Services or Service Content, including promotional and marketing communications.

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, 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

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 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 Your Content, User Footage, Shows, or Games 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.          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 [Bill, please insert privacy policy link].

15.          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 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 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 (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.

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.

16.          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 OTHERWISE, 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, 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 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 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.

THE PLAYHOUSE PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL (INCLUDING, FOR CLARITY, THE SERVICE CONTENT) 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, THE PLAYHOUSE PARTIES’ 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 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.

THE PLAYHOUSE PARTIES 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.

17.          Indemnification

You agree to indemnify, hold harmless, and defend (at our option) Playhouse, its affiliates and licensors, any party (excluding you) involved in operating, creating, producing, or delivering the Services (including other producers of any Shows or Games) or Service Content, and each of their respective current or former officers, owners, directors, shareholders, contractors, agents, representatives, employees, general and limited partners, 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 Your Content, User Footage, Shows, and Games (iii) your violation or breach of these 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, or violations of the intellectual property or other rights of any person in connection with the Services or the Service Content, 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 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.

18.          Assignment

You may not assign, sublicense, or otherwise transfer 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, sublicense, or otherwise transfer these Terms, and any of its rights or obligations herein, 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.

19.          Governing Law, Binding Arbitration, Class Action Waiver, Location, and Time Period for Bringing Notice of Claim

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 the class action waiver. 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.

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 PARTIES, 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.

20.          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.

21.          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.

22.          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.

23.          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.

24.          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.

25.          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.

26.          Export Regulation

The Services utilize software and technology that may be subject to US export control laws. By using the Services you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Services, and (ii) you will not make available the Services to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

27.          Additional Terms for Apple’s App Store

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 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.