User Agreement

Last updated: April 5, 2014

1. Overview

The following Terms of Service between you and Qplay (the “Agreement”) apply when you view or use the website located at qplay.co (the “Site”) and the Qplay Service (“the Service”). In order to use the Service, you must (i) be a resident of a state of the United States who is at least 18 years old and (ii) install the Qplay iPad app available for download on the App Store.

This Agreement governs your use of the Site and the Service. Please review the following sections carefully. By accessing the Site or Service, you signify your acceptance of this Agreement. If you do not agree to these terms and conditions, you may not access the Site or Service.

Importantly, this document includes a release by you of all claims for damages against Qplay that may arise out of your use of the Site or Service. By using the Site or Service, you agree to this release.

2. Privacy Policy

Qplay respects the privacy of its users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that is linked to information that identifies you. When you use the Site or Service, you signify your understanding of and consent to this Privacy Policy.

3. Acceptable Use Policies

Like any other online community, Qplay benefits from the diversity of contributions and participation of its users. We are excited for Qplay members to make Qplay a daily part of their online video entertainment activities.

In order to provide an entertaining, engaging, robust, and respectful online experience, Qplay has developed a set of rules that govern your use of the Service. Your permission to use the Site or Service is conditioned upon your compliance with the Qplay Acceptable Use Policies (the “AUP”).

Qplay Acceptable Use Policies

You agree that you will always:
    • Keep your account credentials confidential;
    • Use the service for your individual, personal use only;
    • Use reasonable judgment when choosing to share content with other Qplay members or publishing Qs for all members to see.
You agree that you will never:
    • Access another user’s Qplay account;
    • Use Qplay’s systems for any commercial purposes.
    • Provide false or inaccurate information when registering for an account on Qplay;
    • Interfere or attempt to interfere with the proper functioning of the Site or Service;
    • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on Qplay servers or network infrastructure;
    • Bypass any robot exclusion headers or other measures Qplay undertakes to restrict access to the Site or Service or use any software, technology, or device to scrape, spider, or crawl the Site or Service or harvest or manipulate data;
    • Share, bookmark, or create Qs that contain any information or content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
    • Use the Service to attempt to, or harass, abuse or harm another person or group;
    • Use the Service for any unlawful purpose or for the promotion of illegal activities;
    • Knowingly share or publish Qs that contain content copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content to Qplay;

4. Fees

Use of the Service is free. We reserve the right to make changes to, discontinue or charge for some or all of the Service in the future. You will always have the option to discontinue use of the Service before you incur any charges, but otherwise we cannot assure you that the Service or any part of it will continue to be available or that any part of it will continue to be available without a fee.

5. Termination

This agreement shall remain in effect as long as you remain a member of the Service. You may terminate your Qplay account, any associated registration data and access to our Service by submitting a termination request to help@qplay.co.

Qplay may terminate your account with or without prior notice at any time in its sole discretion. Reasons for termination shall include (but are not limited to):

  • Violation of any portion of this Agreement;
  • Request for termination received from law enforcement or other government agencies;
  • Service interruptions arising from technical or security issues;
  • Commercial impracticality; or
  • Compliance with law.

For clarity, termination of your account may include removing your access to your account, deleting your account (including associated passwords and Qs), and (if applicable) deactivation of your TV Adapter.

6. Content Rights and Intellectual Property

Private Personal Use Only

You may use the Site or Service and access any information, data, images, content, applications and other material made available via the Site or Service, including any such material that is owned by third parties (collectively, “Materials”) SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE and otherwise in accordance with this Agreement. You may not use the Service to display Materials in your commercial establishment or otherwise for any commercial use. You may not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Materials (except for your own personal, non-commercial use) without the prior written consent of Qplay.

Intellectual Property Rights

You acknowledge and agree that Qplay and our licensors retain ownership of all intellectual property rights of any kind related to the Qplay service, including applicable copyrights, trademarks and other proprietary rights. Qplay, Qs, Qplayer, Qplay TV Adapter, and the Qplay Logo are trademarks of Qplay, Inc. Other product and company names that are mentioned on the service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

Linked Sites

Links appear on the Site or Service to content (including direct links to video and other media content) from third party website(s) which are not owned or operated by Qplay (“Linked Sites”). We reserve the right to add, change, decline, or remove any link at any time. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site, and we recommend that you review the policies applicable to the Linked Sites prior to your use of such Linked Sites. We are not responsible for and do not endorse or warrant in any way any materials, information, goods, or services available through Linked Sites or any privacy or other practices of such Linked Sites.

7. Limitation of Liability

You agree that Qplay has no liability or responsibility for deleting or failing to store any content maintained or transmitted over the Qplay service.

Qplay reserves the right, but is not obligated, to limit or deny a user’s access to the Qplay service and to take other appropriate action if a user violates this Agreement or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of our service, please contact us at help@qplay.co.

8. Disclaimer; Limitation of Damages; Release

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QPLAY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QPLAY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR INFORMATION OR CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE QPLAY SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH QPLAY OR ANY OTHER USER OF THE QPLAY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QPLAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

If you are a California resident, you waive California Civil Code S1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

9. Indemnity

You agree to defend, indemnify and hold harmless Qplay, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:

(i) your use of and access to Qplay;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that any content submitted by you causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

10. Updates to User Agreement

You hereby acknowledge and agree that Qplay may amend this Agreement at any time without prior notice. We will endeavor to provide you notice of any material changes to the Agreement on the Site, through the Service, by email or by some other method, but it is your sole responsibility to check the Service from time to time to view any such changes in this Agreement. If you continue to use the service, you signify your agreement to our revisions to this Agreement.

11. Governing Law

The federal laws of the United States of America and the laws of the State of California govern this Agreement and your use of the Site or Service. Any action related to this Agreement, the Site, or the Service shall be filed only in the appropriate state or federal court located within the State of California. By using the Site or Service, you signify your consent to the jurisdiction of the state and/or federal courts of the State of California.