SubPLY Tools and SubPLY Professional - Terms of Use

PLYmedia Inc. ("PLYmedia") develops tools that enable to create and view layers of Translation and\or Closed Captioning synchronized with a moving picture (“SubPLY” or “Tools”).PLYmedia offers site owners which host for viewing moving pictures ("YOU") to enable their users to create and view translation and\ or Captioning layers synchronized with the moving pictures in their Site. PLYmedia further offers professional translation and transcription services, enabled by PLYmedia’sSubPLY Professional”).

PLYmedia, www.bubbleply.com,www.plymedia.com, or any other future website owned by PLYmedia which offers the Tools (collectively referred to as "PLYmedia") sets the following Terms of Use for its service for a Trial Period.

General

Acceptance of Terms

By using the SubPLY Professional service for a Trial Period or by using the SubPLY Tools for a Trial Period you agree to be bound by these Terms. If you do not agree to any of these terms, please refrain from using the SubPLY Professional and/ or SubPLY Tools.

Modifications to Terms

PLYmedia reserves the right to change or modify the Terms, Privacy Policy, or Copyright Policy at any time. Posting the modified Terms, Privacy Policy, or Copyright Policy on PLYmedia's website, www.plymedia.com (the "Websites") will give effect to the revised terms. Your continued use of SubPLY Professional and/ or SubPLY Tools indicates your acceptance of any revised terms. If you do not agree to the revised terms, please refrain from using SubPLY Professional service and/ or SubPLY Tools.

Notice

PLYmedia may post, from time to time, changes that are made to the Terms, Privacy Policy or other Website related services. Posting such announcements on the Website or via email would be considered as an acceptable notification and would give effect to the changes.

Privacy

PLYmedia has a strong commitment to protect the privacy of its users. The terms of our Privacy Policy are incorporated into, and considered part of, these Terms. For more information regarding PLYmedia’s privacy policy, read the Privacy Policy.

Service

Description

PLYmedia will provide, for the Trial Period, professional translation or transcription services to videos provided at your site, based on the instructions and specifications of videos provides by you. PLYmedia will provide all necessary tools and services to assure that Subtitles or Closed Captions can be viewed synchronized with the videos.

Ability to Change Service

PLYmedia retains the right to, at any time and without prior notice, suspend, discontinue, delete, modify, or remove any content or service offered by PLYmedia without reason or liability. In addition, PLYmedia may in the future charge for services which are currently available for free on the Websites.

Technical Integration

Integration of Tools

You shall enable PLYmedia to integrate its Subtitling and Captioning Tools to the media player used at your site to enable the creation of a subtitle layer which will be synchronized with the video. You shall make the necessary changes or additions to your website to allow for PLYmedia’s Tools to function on your website. The implementation and integration of PLYmedia’s Tools within the framework of your site, can be completed in an integration of 30 (thirty) minutes.

Translation or Transcription Services

Provision of Professional Translation or Transcription Services

PLYmedia is responsible for the management of the human resources needed to perform the timely translation or transcription of videos on your site and for the performance of the translation in the desired languages and for providing the translation or transcription in a manner that can be displayed using PLYmedia Tools. PLYmedia may translate the videos itself or contract with partners or affiliates to provide the services of professional translation services, for all or some languages.

Designating Videos for Translation or Transcription

You have the sole discretion to choose the videos which appear on your website that will be translated or transcribed and the languages for translation or transcription.

Schedule for Translation or Transcription

PLYmedia is required to provide the professional translation or transcription to the videos, being accessible for viewing at the website, using PLYmedia’s Tools, at the detailed schedule.

• PLYmedia shall provide translations or transcriptions to you for videos which have been provided by you for translation or transcription in a timely manner.
• Upon your request to translate or transcribe video content which appears on your site and for which the you have or received the legal authority to contract PLYmedia to perform translation or transcription on such videos, you shall provide to PLYmedia both a location to the video to be translated or transcribed (in the form of a URL link or link to video file or other manner which allows access to PLYmedia of the file) and a list of requested languages for which the video should be transcribed or translated into.
• If you have a standing order, or a credit as part of the Trial Period offer, from PLYmedia to provide such content in a pre-approved set of languages, PLYmedia shall provide the said video in such languages within no more than 24 hours from the time PLYmedia receives access to the file to be translated or transcribed.
• If you desire to have a video translated or transcribed into a language other than a language previously offered in the Trial Period offer or agreed upon separately, the cost and schedule to translate or transcribe such content shall be agreed at that time.

Service Terms

Terms for Translation or Transcription

You are entitled for the Trial Period to a specified number of translated or transcript minutes per language per month as detailed in the offer for Trial Period services. The pricing structure and promotions for after the Trial Period appear on PLYmedia’s website at the following URL: http://www.plymedia.com. Additional languages or packages not appearing or agreed upon in the Trial Period offer shall be agreed upon in a separate agreement. PLYmedia reserves the right to change any and all prices and promotions which appear on PLYmedia’s site and only the agreed prices in writing or through PLYmedia’s online ordering system shall be binding and valid between the parties.

Translation Languages

PLYmedia offers translation and transcription services for a variety of languages. Requested translations or transcriptions to a specific language shall be provided by PLYmedia based on your particular needs and the availability of professional translation or transcription services in these languages.

Viewing of Translation or Transcription

Once PLYmedia translates or transcribes content for you, the viewing of such translations or transcriptions shall be available to you and your users and subscribers without limit of time or number of views in as much as the Tools are integrated and enabled and continue to be integrated and enabled at your site.

Right to Use Translation or Transcription Layer

You are granted the right to use the translation or transcription layer which is synchronized with the video in your website or in any other platform which supports presentation of these layers that you find suitable with no extra charge from PLYmedia, as long as you have the legal permission and the right to do so.

Limitation of Liability

Limitation of Liability for Content

PLYmedia is committed to professional standards of translation and transcription and will take all effort to translate or transcribe the requested videos in a comprehensive and accurate manner. However, PLYmedia cannot be responsible for the content of translated and/or transcribed videos and in no case will be liable for translation or transcription which may claimed to be inaccurate, incomplete, offensive, illegal or infringing or for any other claims regarding the translated or transcribed content or the translation or transcription of that content.

Limitation of Liability for SubPLY Tools

You hereby acknowledge that PLYmedia’s Tools are still in a development stage (Beta Stage) and will be embedded “As-Is”. You will not have any claim against the functionality of the Tools or their operation within your working environment. PLYmedia’s Tools have been developed to be used in conjunction with your website and should not affect the functioning or operation of your site. To wit, PLYmedia will not be in any case responsible for any damage that may be the result of the decision to embed the Tools or any other damages, monetary or other, to you or your users or subscribers due to the use of PLYmedia’s Tools.

Copyright Policy

PLYmedia is committed to the protection of copyright laws and regulations. PLYmedia objects to any use of it Tools for copyright infringement and takes any necessary effort to assure that no copyright infringement is utilized. All uses of PLYmedia’s Tools are subject to PLYmedia's Copyright Policy. In this regard, you have the obligation to clear rights in copyrighted content and to contract with your users and subscribers for the use of their content and also for its transcription or translation to other languages and publication of such transcriptions or translations on your site. PLYmedia will not be responsible, either directly or indirectly, for infringement of copyright which may occur in the transcription or translation of the videos. You have an obligation to inform PLYmedia if you become aware that a content marked for translation or transcription has not been legally cleared for transcription or translation or that the transcription or translation infringes upon copyright and PLYmedia will refrain from transcribing or translating this content or publishing the transcription or translation and will take all necessary steps to assure that the transcription or translation to this content is immediately removed from its database.

Copyright Notice

You have an obligation to inform your users and subscribers of copyright laws and regulations and to assure that videos which appear on your website do not infringe upon any copyrights.

Additional Rights to Use SubPLY Tools

User-Generated or Third-Party Service for Translation or Transcription

You are entitled to offer your users and subscribers to create, using www.bubbleply.com, http://www.plymedia.com or any other future website owned by PLYmedia which offers the Tools, user-generated and non-professional translations and transcriptions of videos which are displayed at your site. Those users and subscribers will be entitled to use the Tools if they accept BubblePLY.com’s Terms of Use.

You are further entitled to acquire professional translation and transcription services not from PLYmedia, using the Tools to present the translations or transcriptions. In the case that you choose to use the Tool and contract with third party for providing professional translation and transcription services, you shall sign a separate, non-exclusive, non-transferable, fee-based license agreement with PLYmedia for using the Tools.

Proprietary Rights

PLYmedia owns the intellectual property related and associated with its Tools. PLYmedia further owns and retains all proprietary rights in the Websites. The Tools and Website contain copyrighted material, patented technology, trademarks, and other proprietary information of the Websites and its licensors. You are granted no right in the intellectual property associated or related to the SubPLY Tools, SubPLY Professional, Tools and/ or the Websites and nothing should be inferred as granting such rights to the user.
At the same time, the implementation of the Tools within your site grants PLYmedia no right in your intellectual property rights, moral or otherwise or to your tools' providers or any of their intellectual property rights, moral or otherwise.
PLYmedia, SubPLY, SubPLY Professional, BubblePLY, and the Websites and logos of the Company’s products, tools or services are registered and unregistered trademarks of the Company. No use of such trademarks is granted to the Partner without express written permission of the Company.

Termination of Service

PLYmedia reserves the right to, without prior notice, terminate a service to a site owner who is violating these Terms. If your service is terminated, your rights to use the SubPLY Tools, SubPLY Professional and/ or the Websites will stop immediately. Termination is without prejudice to all other remedies available to PLYmedia at law and under this agreement.
You have the right to stop using SubPLY Tools, SubPLY Professional or any other PLYmedia's service at any time. Termination will become effective 24 hours after notice to PLYmedia.

Governing Law and Jurisdiction

This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the SubPLY Tools, SubPLY Professional and/ or the Website (and/or any information, Documents, products or Websites related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.