Playlister Content Distribution Terms of Use

Terms and Conditions
Last updated: March 28, 2024
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Welcome to the terms of use for the Playlister Program Site and Video Central Program Site (collectively, the "Playlister Content Distribution Platform"). Playlister (App Press LLC), and/or its affiliates ("Playlister" or "us") provide the Playlister Content Distribution Platform to you (if using or registering as an individual) or the entity you represent (if using or registering as a business) ("you") subject to the following terms of Use ("Terms of Use") in connection with your use of the Playlister Content Distribution Platform. By visiting Playlister or registering as a user of our Playlister Content Distribution Platform, you accept these Terms of Use and represent that you have the authority to bind yourself or the company you represent to these Terms of Use. Please read these Terms of Use carefully. You understand and agree that you need to register an account in order to access and use the Playlister Content Distribution Platform (defined below) as contemplated by these Terms of Use.

In addition, you understand and agree that the terms of our Privacy Policy govern our use of your personal information and the Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you understand and agree that you are also agreeing to the Privacy Policy.

‍No Unauthorized, Unlawful or Harmful Use of the Playlister Content Distribution Platform
‍Playlister grants you a limited, non-exclusive, revocable right to access and use the Playlister Content Distribution Platform available at www. https://manage.playlister.app/ to upload and distribute your content to Playlister’s customers. You may not use Playlister for any other commercial or non-commercial purposes, including but not limited a use that in any way:
1. Is unlawful or harms Playlister, its customers, suppliers or other parties, as determined in Playlister’s sole discretion.
2. Breaches any agreement, policy or other notice provided to you or applicable to Playlister.
3. Could damage, disable, overburden, impair or otherwise infect the  Playlister Content Distribution Platform (or any network(s) connected to Playlister) with malicious code or interfere with any other party’s use of Playlister.
4. Could lead to identification of individual Playlister customers or to the creation, use, or disclosure of information about individual Playlister customers.

Your Account; Changes to Account Settings; User Permissions
‍By using the Playlister Content Distribution Platform and/or registering an account with Playlister, you confirm that you are at least 18 years old (or the age of majority where you reside, whichever is older). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account and computer used to access the Playlister Content Distribution Platform. We may provide the ability for you to grant additional users access to your account under separate user names and passwords. You agree that you are responsible for all activities that occur under your account or password, including all activities that occur under any user name you grant access to your account. You will ensure that all users granted access to your account comply with these Terms of Use, together with all other rules and policies related to the distribution of your content on the Playlister Content Distribution Platform. If you make changes to your settings or user permissions within the Playlister Content Distribution Platform, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.

‍Changes to these Terms of Use and your content distribution
‍We may in our discretion make change to these Terms of Use without notice to you. You are responsible for reviewing the revised Terms of Use and/or any applicable postings. CONTINUED USE OF DISTRIBUTING YOUR CONTENT ON THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM , PARTICIPATION IN THE PROGRAM AFTER SUCH CHANGES OR POSTINGS OR YOUR ACCEPTANCE OF SUCH TERMS BY CLICKING “I ACCEPT” THE NEXT TIME YOU LOG INTO YOUR ACCOUNT WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We may update, modify, replace, change or discontinue the PLAYLISTER CONTENT DISTRIBUTION PLATFORM or delete any features or functionality, or any aspect of the associated services or technology, in any way at any time for any reason.
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‍Materials, content you Post or Provide; Communications Monitoring
‍For information and materials you post or otherwise provide to Playlister via a user interface in the Playlister Content Distribution Platform (the “Program Site ”) with Playlister (a "Submission"),and except as otherwise agreed to in writing by us, you hereby grant to Playlister and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable license to (1) use, copy, distribute, transmit, make available, publicly display, publicly perform, reproduce, edit, adapt, modify, translate, reformat and create derivative works of your Submission in connection with the Program Site and making such Submission available on the Playlister Platform, and (2) sublicense these rights (through multiple levels) to third parties to use for any purpose to the maximum extent permitted by applicable law, including without limitation, posting on third-party websites, distributing such content to others as permitted by Playlister, using such content for educational purposes. Playlister may remove your Submission at any time. For each Submission you provide, you represent, warrant and covenant that you have all rights necessary for you to grant us the rights provided in this section, including but not limited to all intellectual property or other proprietary rights. As between Playlister and you, and subject to the licenses granted to Playlister hereunder, you own all right, title and interest in and to you Submission.We have the right (but do not assume the obligation) to: (a) monitor all Submissions; (b) require that you avoid certain subjects; (c) remove or block any Submission at any time without notice at our sole and absolute discretion; (d) disclose any Submission and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Playlister or others, or to enforce these Terms of Use; and (e) terminate your access to and use of the Playlister Content Distribution Platform, or to modify, edit, or block your transmissions thereto in our sole discretion.

It is a condition of these Terms of Use that you do not upload, post, transmit, or otherwise make available any Submission that:
·   is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
·   constitutes or encourages activity illegal under criminal or civil law;
·   is false, misleading, deceptive, inaccurate, fraudulent, or misrepresents your identity or affiliation with a person or company;
·   you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
·   violates or infringes upon the rights of others;
·   contains the image, name, or likeness of anyone other than yourself;
·   contains, requests or solicits any personal or private information from any individual;
·   contains advertising, promotions, or marketing, or which otherwise has a commercial purpose, except as expressly agreed to by you and us;
·   promotes violence or describes how to perform a violent act;
·   impersonates any person or entity; or
·   violates any local, state, national, or international law, rule, or regulation.

You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. To the maximum extent permitted by applicable law, Playlister may monitor any electronic communications you make in connection with the Playlister Content Distribution Platform and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Playlister or any third party. You consent to us sending you emails relating to Playlister, the Playlister Content Distribution Platform, including Video Central and other publishing opportunities from time to time. This consent for electronic communications takes precedence over any directions you may have given us, including through another Playlister web site. You may opt out of these communications at any time.Playlister does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If  you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Playlister Content Distribution Platform (or otherwise on the Playlister website) or has been otherwise copied and made available in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;a description of the copyrighted work that you claim has been infringed;a description of where the material that you claim is infringing is located on the Site (including the URL, title and/or item number if applicable, or other identifying characteristics);your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner;a written 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; anda statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.Your statement must be submitted via support@playlister.app or mailed to 8020 Zionsville RD, Indianapolis, IN 46268Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. 

‍Playlister Content
‍As between you and Playlister, you understand and agree that the Playlister Content Distribution Platform and any another content, which includes, but is not limited to, information regarding our services,  blogs, and other information (whether in text, audio, graphics, and/or video) provided by Playlister, third parties, or other users belongs to us. You may access and use the content on Playlister’s site only as permitted under these Terms of Use. You agree that you will not use, copy or distribute any Playlister content other than as expressly provided herein. You understand that you may be exposed to content that may be offensive, indecent or objectionable, and you agree that Playlister shall not be liable for any such content and that the risk of harm or damage from the foregoing rests entirely with you. 

‍THIRD-PARTY SITES
‍Third-party links on the website may direct you to a third-party website that is not affiliated with Playlister (“Third-Party Site”). Playlister is not responsible for examining or evaluating the content or accuracy of the information available on Third-Party Sites, and Playlister does not warrant and will not have any liability or responsibility for any third-party materials or information contained on a Third-Party Site, or for any other materials, products, or services of third parties.You understand and agree that Playlister will not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the applicable third party. 

‍No Warranties
‍PLAYLISTER PROVIDES THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND EACH PROGRAM SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." YOU EXPRESSLY AGREE THAT USE OF THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND PROGRAM SITE(S) IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLAYLISTER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND PROGRAM SITE(S) OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE PROGRAM SITE(S) AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND PROGRAM SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PLAYLISTER DOES NOT WARRANT THAT THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND PROGRAM SITE, ITS SERVERS OR ANY E-MAILS OR OTHER ELECTRONIC COMMUNICATIONS SENT BY PLAYLISTER ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.Limitation of LiabilityIN NO EVENT (A) WILL PLAYLISTER BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND  PROGRAM SITE(S), EVEN IF PLAYLISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) PLAYLISTER’S (AND ITS AFFILIATES’) AGGREGATE LIABILITY TO YOU EXCEED $100. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT PLAYLISTER IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING YOUR SUBMISSIONS; (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA, INCLUDING ANY OF PLAYLISTER’S OTHER USERS’ CONTENT; (3) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND ANY PROGRAM SITE; (4) ANY INCOMPATIBILITY BETWEEN THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM AND A PROGRAM SITE, INCLUDING THE RELATED SERVICES, SOFTWARE AND HARDWARE AND THE SYSTEM THROUGH WHICH YOU ACCESS SUCH TECHNOLOGY AND SERVICES; OR (5) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM OR A PROGRAM SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLAYLISTER CONTENT DISTRIBUTION PLATFORM OR A PROGRAM SITE, OR ANY CLAIM ARISING UNDER THESE TERMS OF USE, WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

‍Indemnification
‍You release us and will indemnify, defend and hold harmless Playlister and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in this Agreement; or (b) any Submission, including but not related to a claim that your Submission infringes or misappropriates the intellectual property rights of another party (together, "Claims"). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.

‍Termination; Access Restriction
‍Playlister may terminate these Terms of Use, or terminate or suspend your access to the Playlister Content Distribution Platform at any time with or without cause, with or without notice. Upon any termination or suspension of these Terms of Use, your right to use the Playlister Content Distribution Platform will cease immediately, and you will not be able to retrieve any information related to your account. All provisions that reasonably may be construed as surviving these Terms of Use will survive the expiration or termination of these Terms of Use.

‍Disputes
‍Any dispute or claim relating in any way to your use of any Playlister Content Distribution Platform will be adjudicated in the state or Federal courts in Indianapolis, Indiana, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

‍Applicable Law
‍By using any Playlister Service, you agree that applicable federal law, and the laws of the state of Indiana, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Playlister.

‍Interpreting the Terms; Assignment
‍If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. Playlister may assign these Terms of Use, in whole or in part, at any time without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your license rights, if any, in the Playlister Content Distribution Platform. The section titles are solely used for the convenience of the parties and have no legal or contractual significance. 

‍FEEDBACK
‍You understand and agree that any ideas, suggestions, know how, improvements, comments, or other feedback (collectively, “Feedback”) that you submit to us through any other communication or means will be the exclusive property of Playlister. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights. 

Contact Us
‍If you have any questions regarding these Terms of Use, you may contact us at: support@playlister.app.