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BubblePLY.com - Terms of Use Agreement
PLYmedia Inc. ("PLYmedia") develops interactive tools that enhances a video and
moving pictures and enriches the viewer’s experience. PLYmedia has established
BubblePly.com to enable individual users to explore their creativity, to understand how
people interact with a video and to create layers of commentary and discussion
("Bubbles") which are synchronized to a moving picture. PLYmedia,
www.bubbleply.com (collectively referred to as the "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 moving pictures. We
enable individuals and communities to create, edit and view layers (PLYs) of independent
content synchronized with a moving picture. BubblePly.com is an Internet platform for
creating PLYs in the form of Bubbles, edit these PLYs and view them synchronized with
moving pictures from independent sources.
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.
Proprietary Rights
Proprietary Rights
PLYmedia owns the intellectual property related and associated with BubblePly.com. PLYmedia
owns and retains all proprietary rights in the Website. The Website contains copyrighted
material, patented technology, trademarks, and other proprietary information of the
Website and its licensors. The user is granted no right in the intellectual property
associated or related to the Website and nothing should be inferred as granting such
rights to the user.
User Accounts, Uses and Conduct
Registered users
The Website is offering its service to users either registered or not. However,
registration is required in order to be able to enjoy certain functionalities that the
Website offers. PLYmedia retrains 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.
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 you register 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 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.
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
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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 copyright in the process of
creating, editing or sharing Bubbles. PLYmedia does not approve of the use of the site in
any manner which will offend copyright owners or infringe the terms of use in the sites
which host the linked content.
Commitment to Integrity of the Movie
In the process of creating a Bubbles layer, the user is 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 or Bubble layer 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 Bubbles which
are created are saved separate from the movie and do not effect in any manner the ability
to see the movie, link to it or use it in any form without the Bubbles. In creating a PLY
or Bubble 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.
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. 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 Bubbles to enrich its customer’s experiences and provide its customers 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 your comments and thoughts in a form of Bubbles
synchronized with a moving picture. PLYmedia will not be, in any case, responsible for the
content posted in the Bubbles, 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
user to create, edit and view the Bubbles and can not monitor, control or review the
content.
Content Visibility and Shared Content
By posting the content on BubblePly.com the user agrees that the Bubbles may be visible to
other users of the site. PLYmedia reserved the right to decide whether to offer also
limited visibility of Bubbles for private uses.
Users may also send emails with a link that connects the source movie with the created PLY
or Bubbles 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 and Bubbles. 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 and Bubbles presented on the Website, websites owned by PLYmedia parent or affiliated
companies 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, or other forms of media distribution. PLYmedia reserves the right,
based on its discretion, to change or modify the PLY or Bubble or enables others to do so
or add sponsored links or additional commercial Bubbles to a created PLY layer. The User
hereby agreesto authorize PLYmedia to make such changes or amendments to the PLY or
Bubbles or add commercial links.
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 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 movie 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 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.
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Submit the notification
If by mail to:
PLYmedia Inc.
PO Box 4004
Huntington Beach, CA 92605-4004
If by e-mail to: [email protected]
Limitation of Liability
Warranty Disclaimer and Limitation of Liability
The Website, BubblePly Viewer or Creator, Tools and all related websites and products are
provided "AS-IS", with no express or implied warranty. You understand and agree
that the use of the Website, PLYmedia's products or service is done at your own discretion
and risk and that you are solely responsible for any loss or damage to your Content or
images or any damage to your computer system or loss of data that may result in the use,
editing or viewing of any material. You are solely responsible for creating Back-Ups of
your Content. PLYmedia is not liable for any indirect, special, incidental or
consequential damages (including damages for loss of business, loss of profits, litigation
or other damages), 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.
Indemnification
You agree to indemnify PLYmedia and its affiliates 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.
Governing Law and Jurisdiction
This Agreement shall be treated as though it were executed and performed in Los Angeles,
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.
Last Update: December 2006 |