1. Terms
These Terms of Use constitute a legally binding agreement between you (“you” or “your”) and For Play Films (“For Play Films” or “us” or “we”), located at 4960 W. Washington Blvd. #781103, Los Angeles, CA 90036. By accessing the website at www.forplayfilms.com (the “Site”), you are agreeing to be bound by these Terms of Use (the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site and should discontinue use immediately.
This site is intended for users who are at least eighteen (18) years or older. If you are under the age of eighteen (18), you are not permitted to register or use the Site and/or Services without parental or guardian permission. For Play Films does not assume any responsibility or liability for any misrepresentations regarding a user’s age.
Definitions
The term “Content” means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind that can be found on the Site.
The term “Services” means all resources (including Content) provided via or available on the Site at any time.
2. This Site, Its Content, and Services
All Content on this Site is understood to be protected by the First Amendment and other constitutional provisions and state constitutional provisions. You acknowledge that the Site may offer Content that could be deemed “adult” or “exotic” in nature. You acknowledge that you are accessing this Site freely, voluntarily, and willingly.
3. Content
The Site, Services, and Content such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, designs, photographs, and other materials are owned or licensed property of For Play Films and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of For Play Films and is protected by United States (“U.S.”) and international copyright laws. For Play Films and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
You may not use the Site’s marks, logos, domains, and trademarks in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits For Play Films or the Site. You are not granted rights or licenses with respect to any of the aforesaid trademarks, service marks, or logos.
You agree not to adapt, communicate to the public, display, distribute, duplicate, download, link to, make available, modify, post, reproduce, sell, transmit, upload or otherwise exploit/share our Content, including but not limited to the materials, videos, and other intellectual property from the Site (or any third party providers), unless expressly set forth in these Terms or with our express written permission.
You shall not try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site and/or make for any purpose including error correction, any modifications, adaptations, additions, or enhancements to the Site or our Content, including the modification of the paper or digital copies you have downloaded.
The Content on the Site is for general information only. It is not intended to amount to advice you should rely on. The Content may include technical, typographical, or photographic errors. We do not warrant that any Content on the Site are accurate, complete or current. We may make changes to the Content contained on the Site at any time without notice. However, we do not make any commitment to update our Content.
4. User Content
We may provide opportunities for you to submit content to the Site and send feedback to us (“User Content”). You understand and agree that this User Content may be viewed or heard on the Site. You also agree to grant us an exclusive, no-charge, royalty-free, perpetual, irrevocable, and worldwide license to your User Content, in which we can combine or use for any purposes whatsoever on the Site or otherwise.
You warrant that you are the owner of your User Content and have the authority to submit or send it to us. You will be liable to us and indemnify us for any breach of that warranty, meaning you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
We are not responsible and do not accept liability for User Content, including content that contains incorrect information, is defamatory, or for the loss of User Content. We have no obligation to screen, edit, or monitor User Content, but we reserve the right to remove, screen, and/or edit User Content without notice and at any time.
The views expressed in User Content do not represent our views or values.
If you wish to complain about User Content, please contact us at: forplayfilms@gmail.com.
5. User Information
In order to access our Site, Services, and Content, you may be asked to provide certain registration details or other information. You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms; and (e) you are not a minor, under the age of eighteen (18), or you have parental/guardian permission to use the Site.
You agree that all information that you provide to register with the Site or otherwise, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You understand and agree that For Play Films may discontinue or restrict your use of the Site at any time, for any reason, including for no reason, and with or without notice. We have the right to disable any username, password or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
6. Use License
For Play Films grants you a limited license to access and make personal use of the Site, Services and Content for non-commercial purposes only.
The limited license entails:
One temporary download copy of our Content (information or software) from For Play Films’ Site for personal, non-commercial transitory viewing only. This is a grant of a license and not a transfer of title, and you have not acquired any ownership rights or right to exploit the materials outside of your own personal use.
Under this license, you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on the Site;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license automatically terminates upon your breach or violation of any provisions of these Terms, and For Play Films reserves the right to terminate this or any license granted to you at any time.
Upon terminating your view of these materials or the termination of this license, you are obligated to immediately destroy any information or materials in your possession whether in electronic or printed format. Violators of this limited license as it is described in this section may be prosecuted to the fullest extent under applicable law.
7. DMCA Notice of Copyright Infringement
For Play Films respects the intellectual property of others and takes claims of copyright infringement seriously, and we require all users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to For Play Films’ Designated Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- Description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Alex Austin
Austin Law Group
1811 Folsom Street
San Francisco CA 94103
Email : austin@austinlawgroup.com
Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on this Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The copyright owner’s name will be published on the Site in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.
The affected user, whose material has been removed and/or disabled, may make a Counter-Notice to the Designated Agent. This Counter-Notice must include a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. If the Designated Agent receives a Counter-Notice, it will replace the material at issue within 10-14 days after receipt of that Counter-Notice, unless the Designated Agent received notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
For Play Films may modify, alter or add to this policy, and all users should regularly check back to these Terms to stay current on any such changes.
8. Additional Restrictions and Limitations
For Play Films respects the rights of others and expects you to as well. You therefore may not use the Site or Services, or enable anyone else to use the Site or Services in the following manners:
- Using the Site to conduct or seek information about or engage in any activity prohibited by law.
- Using the Site in a manner that negatively affects other users’ ability to use the Site, such as, without limitation, engaging in conduct that is harmful, abusive, threatening, inflammatory, intimidating, violent or encouraging violence, harassing, bullying, or anything that is otherwise objectionable.
- Systematically retrieving data or other Content from the Site to compile a database or directory without our express written permission.
- Making unauthorized use of the Site, like collecting usernames and/or email addresses of users to send unsolicited emails or creating user accounts under false pretenses.
- Using a buying agent or purchasing agent to make purchases on the Site.
- Using the Site to advertise or sell goods and services, or solicit, for commercial purposes any users or individuals appearing on the Site.
- Tricking, defrauding, or misleading us and/or other users, especially in any attempt to learn sensitive account information.
- Attempting to impersonate another user or person or use the username of another user.
- Selling or otherwise transferring your profile.
- Using any information obtained from the Site in order to harass, abuse, or harm another person.
- Using the Site or our Content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
- Attempting to access any portions of the Site that you are restricted from accessing.
- Copying or adapting the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Site.
- Advertising products or services not intended by us.
- Using the Site to infringe on any privacy right, property right, or other civil right of any person.
- Using the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity.
- Completing orders or transactions outside the Site’s purchasing/ordering system.
- Interfering with the Site’s functionality, including but not limited to:
- Circumventing, disabling, or otherwise interfering with security-related features on the Site;
- Interfering with, disrupting, or creating an undue burden on the Site or the networks and services connected to the Site;
- Launching any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using conventional on-line web browser;
- Making improper use of our support services or submitting false reports of abuse or misconduct;
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site; or
- Uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
9. Fees and Return Policy
You acknowledge that the Site reserves the right to charge for Services and Content, and that we may change our fees from time to time at our discretion. For Play Films reserves the right to make changes to our fees and billing methods with or without prior notice to you, at any time, and by revising these Terms. You should regularly review these Terms to stay current on any such changes.
If you believe you have been erroneously charged, please notify For Play Films immediately of such error.
- If For Play Films does not receive written notice within thirty (30) days after such alleged billing error is incurred by you, you will have deemed such payment and fee as acceptable for all purposes, including resolution of inquiries made by your credit card issuer.
- You hereby agree to release For Play Films from any and all liabilities and claims of loss resulting from any billing error or payment discrepancy that is not reported to For Play Films in writing within thirty (30) days of the fee/payment being incurred.
- You understand and agree that a Chargeback, or reversal of any fee paid by you to For Play Films, is and will be considered a breach of these Terms and may and likely will result in immediate termination of your account. In the event that an account is terminated for this reason, it is within For Play Films’ sole discretion to allow you to create a new account or to revive your terminated account.
- In the event that the Site terminates your right to use the Site because of a breach of these Terms: (1) you shall not be entitled to the refund of any fees/payments; and (2) you agree to pay all amounts due to us immediately upon cancellation or termination of your account, including Chargebacks and any costs or fees associated therewith.
10. Termination
For Play Films has the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violations of these Terms.
11. Disclaimer
The Site is provided on an “as is” and “as available” basis. You use the Site at your sole risk. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
For Play Films does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to this Site. We are not liable for any (1) errors, omissions, mistakes or inaccuracies in content; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and our Services; (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored herein; (4) any interruption or cessation of transmission to or from the Site or Services; (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site or our Services by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site or our Services.
The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or our Services or any hyperlinked services or featured in any banner or other advertising, and, the Site will not be a party to or in any way be responsible for monitoring any transaction between you and the third party providers of products or services.
12. Limitations
We do not exclude or limit in any way our liability to you where it be unlawful to do so. Because some jurisdictions do not allow limitations of implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
In no event shall For Play Films or it suppliers be liable for damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use, inability to use the materials on the Site or arising out of or relating to the Site or the information contained in it, even if For Play Films or an authorized representative has been notified orally or in writing of the possibility of such damage.
You specifically acknowledge that For Play Films shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Services and Site is controlled and offered by For Play Films from its facilities in the United States of America. We make no representations that the Site is appropriate or available for use in the other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. Indemnity
You agree to indemnify, hold harmless and defend For Play Films, the Site, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, agents, and licensees, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of our Content contained herein, or your breach of any of these Terms.
14. Modifications and Interruptions to the Site and Services
For Play Films reserves the right to change, modify, or remove the Site or our Content at any time or for any reason, with or without notice, or liability to users or third parties.
We cannot guarantee continuous, uninterrupted or secure access to our Site, Services, or Content, and the operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
15. Modifications to this Privacy Policy
For Play Films may revise these Terms at any time without notice. By using this Site, you are agreeing to be bound by the then current version of these Terms. The updated version of these Terms will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. We encourage you to stay informed of updates and to check the Terms from time to time. Changes to the Terms will not be applied retroactively.
16. Third-Party Websites and Links
The Site may include links to other websites, owned and operated by third parties. For Play Films has not reviewed all of the Sites and has no control over and assumes no responsibility for the content, privacy policies, or practices of these third-party websites. You acknowledge that we are not responsible for third-party websites at all.
Insofar as the Site contains links to other websites and resources provided by third parties, the links are provided for your convenience only. The inclusion of any link does not imply endorsement by For Play Films of that website. Use of any such linked websites are at the user’s own risk. You agree that For Play Films is not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with such third parties, or as the result of their presence on the Site.
17. Miscellaneous
These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
For Play Films’ failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that these Terms and any other agreements may be assigned by For Play Films, in our sole discretion, to a third-party in the event of a merger or acquisition.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
These Terms shall not be deemed to constitute, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
18. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
You agree that: (1) the Site shall be deemed solely based in California; and (2) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over us, whether specific or general, in jurisdictions other than California. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in California. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or equitable relief.