PLYmedia Inc. ("PLYmedia") develops interactive tools that enhances a video and moving pictures and enriches the viewer’s experience. PLYmedia’s products and applications enable users to add content (such as, but not limited to commentary, subtitles, information and advertisements) to existing video, to explore their creativity, to understand how people interact with a video. PLYmedia, its site, its products sites and applications (collectively referred to as the "Website") sets the following Terms of Use for its service.

General

Acceptance of Terms
By visiting or using the Website you agree to be bound by these Terms. If you do not agree to any of these terms, please refrain from using the Website.

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 the Website will give effect to the revised terms. Your continued use of the Website indicates your acceptance of any revised terms. If you do not agree to the revised terms, please refrain from using the Website.

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 and must be accepted by you prior to your use of the Website. For more information regarding PLYmedia’s privacy policy, read the Privacy Policy.

Service

Description
PLYmedia enriches the cultural and social experience associated with video. We enable video publishers, broadcasters, individuals and communities (collectively the “Users”) to create, edit and view layers (PLYs) of independent content synchronized with a video. PLYmedia has developed or enabled applications to offer Users a platform for enhancing a video. For use of the Websites for translation, subtitling, captioning, dubbing or other types of derivative work, please see below “Content for Derivative Work”.

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 on the Website without reason or liability. In addition, PLYmedia may in the future charge for services which are currently available for free on the Website.

User Accounts, Uses and Conduct

Registered users
The Website offers its service to both registered and unregistered Users. However, registration is required in order to be able to enjoy certain functionalities that the Website offers. PLYmedia retains the right to decide which functionalities require registration or will require registration in the future. To remove any potential doubt, all users, registered or not registered, are bound by these Terms of Use and agree to them by using the Website. Some functionality may require additional acceptance of other terms of use related to the specific functionality. Acceptance of such terms and conditions shall be required for their use.

Registered User Information
If PLYmedia requires registration in order for a user to perform certain functions, the user will be directed to a registration process. The registration process may require the user to provide information regarding, but not limited to, his\her age, citizenship, address or other information. Once registered as a registered user, you represent and warrant all registration information you submit is accurate and truthful and that you agree to update and maintain the accuracy of such information. You further represent and warrant that your use of the Website shall not violate any applicable law or regulation. PLYmedia reserves the right to stop the service of a registered user if registration information submitted seems or proves to be false. We also require you, as condition of registering with the Service, to select a user name ("User ID") and password. PLYmedia will, in accordance with its Privacy Policy, keep your UserID and password confidential. You are responsible for maintaining the confidentiality of your UserID and password.

Account Access
In order to provide you with fast and easy access to your account, PLYmedia places a cookie (a small text file) on any computer from which you access our Website. When you revisit our Website, this cookie enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to re-enter your password or other identification information. You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your computer.

Acceptable Use
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with the Website or service to any user, including, without limitation, via means of submitting a worm, viruses or other harmful, disruptive or destructive files, code or programs to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Website security may result in civil or criminal liability. PLYmedia may investigate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

Limited License, Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license to:

• access and use the Website strictly in accordance with this Agreement
• use the Website solely for internal, personal, non-commercial purposes
• use the Website and/or the Website applications for commercial purposes only upon a signed license, commercial or partnership agreement directly with PLYmedia. For such use, please contact partners@plymedia.com

Restrictions on Use that Infringes Copyright
PLYmedia is committed to protect copyright and intellectual property rights of creators and owners of content. By using the Website the User agrees to strictly follow copyright law and agrees not to use the Website in any manner which might be in conflict with others' rights. You should not, in any case, infringe any copyright (including but not limited to copyrighted images, videos, translation material, works, logos, products, music, text, etc.) in the process of creating, editing or sharing your new content in the form of PLYs. PLYmedia does not approve of the use of the Website in any manner which will offend copyright owners or infringe the terms of use or copyrighted material or in the sites which host the original content.

Commitment to Integrity of the Movie
In the process of creating a PLY, the User may be requested to link to a video which can be in his/her own computer, his/her website or other website which hosts the content and approves of such linking. In the process of adding a PLY on top of the movie, there is no manipulation, change, editing or modification to the movie or any interference with the content. PLYmedia is committed to the integrity of the movie and will not change, alter, modify, manipulate or interfere with the movie. All content which is created is saved separate from the movie and does not alter in any manner the ability to view the movie, link to it or use it in any form without the PLY. In creating a PLY layer on top of a movie, the User agrees to strictly follow copyright law and follow the limitations and restriction set by the copyright owner.

Content for Derivative Work
The Website includes functionality for the creation of PLYs for the purposes of adding translation, transcription, captions, dubbing content or other derivative works may be made available to Users. You agree to assign all rights in the intellectual property created using the Websites of all derivative work created to PLYmedia or to the content owner of the original work or to the website which owns the original content.

Restrictions on Offensive or Illegal Use
PLYmedia is committed to a legal, safe, friendly and equal environment. PLYmedia strictly prohibits the use of the Website or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Website to create, edit or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content. PLYmedia reserves the right, on its sole discretion, to remove any content which deems to be illegal, offensive or inappropriate and to take action against the user, including, but not limited to, stopping the service.

Restrictions on Unsolicited Commercial Messages
You agree not to use the Website for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Website, 3rd party website, by embedded player or emails sent from the Website, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail or any other material of that kind, except in connection with an mutually agreed commercial agreement. PLYmedia is committed to protecting the right of users to decide whether they want or not to receive commercial messages and will take legal action against Users who abuse the site for transmitting, posting or sending unsolicited commercial messages.

Rights in Metadata
PLYmedia may use the metadata which is created in the process of creating, editing and sharing PLYs to enrich its User’s experiences and provide its Users and affiliates with useful information, in accord with its Privacy Policy. The metadata is PLYmedia’s property and manual or automated harvesting of the data from the Website directly, indirectly or in any other manner is strictly prohibited. PLYmedia reserves the right to share the metadata with its partners and affiliates.

Termination
PLYmedia reserves the right to, without prior notice, terminate a User account with or without the User violating these Terms. If your User account is terminated, your rights to use the Website will stop immediately. Termination is without prejudice to all other remedies available to PLYmedia at law and under this agreement.

Website Content

Definition of Content
The Website enables you to insert or add content in the forms of, but not limited to, bubbles, subtitles, video, audio, images, clipart, text, advertisement, all synchronized with the video. PLYmedia will not be, in any case, responsible for the content posted in the PLYs, the PLYs created, its accuracy, its integrity or for any other mistake or harm done by the posted content. PLYmedia only provides the platform for Users to create, edit and view the PLYs and does not monitor, control or review the content in the PLYs or the PLYs themselves.

Content Visibility and Shared Content
By posting the content on the Websites, the User agrees that the PLY and the associated content may be visible to other Users of the Website or in a 3rd party website where PLYmedia is integrated or where the PLYs have been embedded. PLYmedia reserved the right to decide whether to offer also limited visibility of PLYs for private uses.

Users may also send emails with a link that connects the source movie with the created PLY layer, or use code generated by the Website to embed a player into their or a 3rd party website (collectively, "Shared Content"). The Shared Content will be viewable by any person receiving a link to the Content, or persons viewing the Content on a 3rd party website via embedded player provided by the Website. By designating content as Public or by having Shared Content; you agree to be bound by the content licensing terms below regarding the Website's use of the Shared Content.

Content Licensing
User's retain ownership of the created PLY. To enable PLYmedia to perform the services necessary for the Website, you hereby grant to PLYmedia the non-exclusive, worldwide license to use, publicly perform and display and sublicense the Content of the PLY on the Website, websites owned by affiliated companies or websites owned by PLYmedia’s partners and other unrelated 3rd party websites on which any User may post your Shared Content via an embedded player provided by the Website. In addition, PLYmedia may use your Shared Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts on the Internet, television, mobile device or other forms of media distribution. PLYmedia reserves the right, based on its discretion, to change or modify the PLY or enables others to do so or add sponsored links or additional commercial content to a User’s created PLY layer. The User hereby agrees to authorize PLYmedia to make such changes or amendments to the PLY or add commercial links or content.
Note: Where PLYmedia has a commercial agreement with a User, the terms of commercial use including the rights and terms in which PLYmedia may commercialize the PLYs shall be detailed in a separate commercial agreement. Where no specific terms related to such commercialization of the PLYs are detailed which differ to these Terms of Use, these Terms of Use shall apply.

Inappropriate Content
PLYmedia may review and delete any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any User, or person not associated with the Website (collectively "Inappropriate Content"). You are solely responsible for the Content that you make visible on the Website, on websites which have integrated PLYmedia functionality or to any 3rd Party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated 3rd parties via the Website.

Reporting Inappropriate Content
PLYmedia prohibits certain Content as described above. If you find Content on the Website or in a video on a 3rd party website via an embedded player that may violate the rules as described in " Restrictions on Use that Infringes Copyright", “Restrictions on Offensive or Illegal Use” or "Inappropriate Content"; we encourage you to report such Inappropriate Content to us. The owner of the reported Content will receive notice that their Content has been flagged via email. Via the email, the User may refute the claim by submitting a valid reason why the Content should not be removed. If the complaint is justified, the Content will be removed and the User owning the Content will have the infraction may be noted on his or her account. If any User receives an infraction, that User may lose his or her User privileges on the Website. Likewise, Users submitting claims can also lose user privileges if it is found that they submitted false or unjustified claims.

Copyright Policy

Reporting Copyright Infringement
PLYmedia has developed its copyright policy in accordance to the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses to a copyright claim may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user account(s). If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected Content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act.

DMCA Notice Process

Contents of a Notification
A notification of claimed infringement must be a written communication provided to PLYmedia via email or certified mail that includes substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as your legal name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 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.

Submit the notification

If by mail to:
PLYmedia Inc.
724 Arastradero Road, Suite 109
Palo Alto, CA 94306
If by e-mail to: copyright@plymedia.com

Limitation of Liability

Warranty Disclaimer and Limitation of Liability
THIS WEBSITE AND PLYMEDIA’S SERVICES ARE PROVIDED BY PLYMEDIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLYMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLYMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PLYMEDIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY CONTENT, MATERIALS OR PRODUCTS OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE PLYMEDIA WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE ASSUME NO LIABILITY FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS OF THIS WEBSITE, PRODOUCTS OR SERVICES (DIRECT, INDIRECT OR CONSEQUENTIAL), INCLUDING DAMASGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITE, USE OF PLYMEDIA’S SERVICES OR ANY CONDUCT BY USERS OF THE PLYMEDIA WEBSITE WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT USE OF THE WEBSITE AND PLYMEDIA'S SERVICES IS AT YOUR SOLE RISK. PLYMEDIA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT, LOSS OR DAMAGES OF DATA, HARDWARE OR PROFITS WHATSOEVER. YOU ARE ALSO SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.

You agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of such content or in using the Website or services in your jurisdiction.

You agree to indemnify and hold harmless PLYmedia, its shareholders, directors, officers, employees, subsidiaries and affiliates, from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys' fees) arising from or related to your use of PLYmedia services or the Website.
You agree that should any provision in these Terms of Use be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.

Indemnification
You agree to indemnify PLYmedia, its existing or future subsidiaries, parents, affiliates, directors, employees or heirs for any harm or any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement, your Content, or use of the Website.

Advertisers
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

Third Party Content
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk.

Intellectual Property and Proprietary Rights
PLYmedia owns the intellectual property related and associated with the Website. PLYmedia owns and retains all proprietary rights in the Website. The Website contains copyrighted material, patented and unpatented technology, registered and unregistered trademarks, service marks (registered and unregistered), logos, software, design, text, editorial materials, information text, photographs and images, illustrations, clip art, audio and video clips, short features, artwork, names and other graphic materials and other proprietary information of the Website and/or its licensors and are protected by copyright, trademark and other intellectual property laws. The user is granted no right, claim, title, interest, security interest or any other interest in the intellectual property (moral or otherwise) associated or related to the Website and nothing should be inferred as granting such rights, claim, title or interest to the user.

PLYmedia hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for personal non-commercial use only provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of PLYmedia. Use of Materials is only permitted with the express written permission of PLYmedia and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials. Any images of persons or personalities contained on the Website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Use of Comments and Submissions
All reviews, comments, feedback, suggestions, ideas, ratings and other submissions disclosed, submitted or offered to PLYmedia on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain PLYmedia’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PLYmedia of all worldwide right, title and interest in all copyright and other intellectual property rights in the Comments. PLYmedia shall not be limited in any way in its use or adaptation, commercial or otherwise, of any Comments. We are under no obligation to (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) to respond to any Comments.

You agree that no Comments submitted by you to the Website will be, or contain, libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". We do not regularly review posted Comments, but we reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site.

Links
Some of the hyperlinks on the Website may lead to other websites that are not controlled by, or affiliated with, PLYmedia. In addition, other websites may link to the PLYmedia Website. PLYmedia has not reviewed these websites and is not responsible for the content or privacy policies of these websites.

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 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.