END USER LICENSE AGREEMENT
BY USING AN APPLICATION AND MOVIE INFORMATION PROVIDED BY CUSTOMPLAY, LLC ("CUSTOMPLAY"), YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ AND UNDERSTAND THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"); AND (2) YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE FOREGOING, DO NOT INSTALL OR USE THE APPLICATION.
1. Applications. The terms "Application" and "Applications" refers to any and all applications, software, executables, libraries, resources, data, and application related documentations provided by CustomPlay, directly through its website or indirectly through a third party server or provider. Applications comprise: (i) one screen movie information application providing movie information during a playing of a movie (the "One Screen Application"); (ii) second screen movie information application providing movie information in synchronization with a playing of a movie on a first screen (the "Second Screen Application"); (iii) a PC DVD software providing variable content movie playback and synchronized information for a DVD movie playing on a windows personal computer (the "PC DVD Software"); and (iv) a movie related trivia game application (the "PopcornTrivia Application").
2. Movie Information. The term "Movie Information" refers to any and all information, data, images, links, write-ups, descriptors, trivia questions and answers, avatar images, text, movie-related information, movie maps, and/or any Application related information provided by CustomPlay, directly through its website or indirectly through a third party server or provider.
3. Ability to Accept License Agreement. With respect to any and all of the Applications, you affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this License Agreement, and to abide by and comply with this License Agreement. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age or possess legal parental or guardian consent. Additionally with respect to the PC DVD Software, you also affirm that you reside within the United States of America.
4. Grant of Limited License. CustomPlay grants you (which, for purposes of this License Agreement, shall include members of your household for whom you will be responsible hereunder) a non-exclusive, limited, personal, nontransferable, and revocable license, and subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to install and use the Applications. The Applications are licensed, not sold or given, by CustomPlay for use only under the terms of this License Agreement and all rights not specifically granted herein are reserved to CustomPlay and to any third party with ownership rights in software used in the Applications. This license granted to you is limited to a license to use the Applications, in combination with the Movie Information, on a personal device that you own or control. This license does not allow you to use the Applications on a device that you do not own or control, and you may not distribute or make the Applications and/or the Movie Information available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Applications. The terms of the license will govern any updates provided by CustomPlay that replace and/or supplement the original Applications and Movie Information, unless such update is accompanied by a separate license in which case the terms of that license will govern.
5. Non-Commercial Use. The Applications and the Movie Information are licensed only for your own personal, non-commercial use and not for use in the operation of a business or service, for profit, or for the benefit of any other person or entity. Any use of the Applications and/or the Movie Information by any other person, business, corporation, government, or any other entity is strictly prohibited and is a violation of this License Agreement.
6. Limited Locations. CustomPlay is deemed to distribute, directly or through a third party application provider, the Applications from its corporate offices located in West Palm Beach, Florida. The Applications may not be appropriate or available for use in other locations, and access to the Application from territories where the Application may be illegal is prohibited. Downloading the Movie Information from a means other than through the Application is prohibited and renders such Movie Information unlicensed.
7. License Restrictions. As a condition of the limited license for the Application granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT: (i) use the Movie Information by any means other than, or separate from, the Applications; (ii) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Applications, Movie Information, or any other part thereof; (iii) copy, adapt, modify, decompile, reverse engineer, disassemble, translate, attempt to derive the source code of, decrypt, or otherwise reduce the Applications to human readable form; (iv) attempt to create the source code from the object code of the Applications; (v) create derivative works of the Applications, updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Applications; (vi) take any action that will infringe on the intellectual property or other proprietary rights of CustomPlay or any third-party provider; (vii) transfer, sublicense, or assign the Applications, Movie Information, or any other part thereof; or (viii) access, tamper with, interfere with, disrupt, breach, or circumvent any integrity, security or authentication measures, of the Applications, the Movie Information, or CustomPlay's Applications and Movie Information delivery computer systems, or the technical delivery systems of CustomPlay's providers.
8. User Data. CustomPlay does not require that you provide personally identifying information, such as your name, address, or email address in order for you to use the Applications and Movie Information. The Applications provide CustomPlay with information relating to an identification of your device, the type of device, system and application software, and the device's usage of the Applications' various features and Movie Information. User data collected by the Applications also includes data associated with, and/or required by, one or more of the various features of the Applications, utilization of the Applications' various features, and Movie Information utilization. User data also includes, for example and not limitation, trivia game points accumulated, in-game or virtual currency balances, and data that promote the utilization of the Application by other users including, for example and not limitation, movie trivia sponsorships, and leader boards. CustomPlay does not associate user data to personally identifying information. Any information that is collected will be treated in accordance with CustomPlay's Privacy Policy then in effect, which is available at the Website and is incorporated herein by reference. You user data belongs to CustomPlay and you have no rights or interests in your user data.
9. CustomPlay's User Data Rights. CUSTOMPLAY RESERVES THE RIGHT, IN CUSTOMPLAY'S SOLE AND ABSOLUTE DISCRETION, TO ALTER, MODIFY, SUSPEND, TERMINATE, RECLAIM, OR DELETE ANY OR ALL OF YOUR USER DATA AND/OR TERMINATE YOUR USE OF ANY OF THE APPLICATIONS OR FEATURES OF THE APPLICATIONS, AT ANY TIME OR TIMES, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE OR OBLIGATION TO YOU.
10. CustomPlay's Rights. CustomPlay has a material interest in preserving the functions and objects of the Applications, the utilization of the Applications as CustomPlay intended, the integrity of user data, the prevention of a user's actions which are detrimental to CustomPlay's interests, and the detection, prevention, of fraud, security, or technical violations. CUSTOMPLAY RESERVES THE RIGHT, IN CUSTOMPLAY'S SOLE AND ABSOLUTE DISCRETION, TO TERMINATE YOUR USE OF ANY OF THE APPLICATIONS OR FEATURES OF THE APPLICATIONS, AT ANY TIME OR TIMES, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
11. No Ownership Rights. The Applications and Movie Information contain material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. Proprietary notices of CustomPlay or of any other party may not be removed from the Applications and Movie Information. You have no ownership rights in the Applications, and Movie Information, or any part thereof. Rather, you have a limited license to use the Applications and Movie Information as long as this License Agreement remains in effect. Ownership of the Application and Movie Information and all intellectual property rights therein shall remain at all times with CustomPlay or the respective third-party intellectual property owners.
12. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CustomPlay as a result of this License Agreement or your use of the Application.
13. Patents. CustomPlay's patented technology is incorporated into CustomPlay's Applications. This section is intended to serve as notice under 35 U.S.C. § 287(a). One Screen Application: U.S. Patents 6,408,128; 8,494,346; 9,124,950; 9,147,433; 9,380,282. Second Screen Application: U.S. Patents 8,494,346; 9,124,950; 9,147,433; 9,380,282; 9,516,373; 9,576,334; 9,578,370; 9,578,392. PC DVD Software: U.S. Patents 6,408,128; 8,494,346; 9,124,950; 9,135,955; 9,147,433; 9,236,093; 9,324,378; 9,332.241. Other patents are pending. A listing and pdfs of U.S. patents owned by CustomPlay are available at http://www.customplay.com/patents.php.
14. Application Upgrades. You agree that initial and subsequent releases of the Applications and Movie Information may contain errors affecting its proper operation. It is expected that an initial or subsequent release will at some point cease to be supported and/or function. CustomPlay reserves the right, from time to time, with or without notice to you, and in CustomPlay's sole and absolute discretion to release an upgraded version of the Applications and Movie Information, and, if released, to alter features, specifications, capabilities, functions, licensing terms, or other characteristics of the Applications and Movie Information. CustomPlay may or may not require you to consent to any upgrades before using, installing or accessing the Applications and Movie Information. If you decline any upgrade, you may not be able to use or access the Applications and Movie Information. The terms and conditions of the License Agreement apply to any upgrades to the Applications and Movie Information.
15. Continued Support. CustomPlay reserves the right, at any time, with or without notice to you, and in CustomPlay's sole and absolute discretion to discontinue supporting the Applications and/or providing Movie Information.
16. System Requirements. Your ability to use the Application is subject to your device's compatibility with our Applications. The use of the Applications on certain devices may not provide you a level of performance that you deem acceptable. Compatibility of the Applications with your device is your responsibility. The Applications' hardware and software requirements may change from time to time. CustomPlay is not obligated to provide any maintenance, technical, or other support for the Applications.
17. Services. The Applications enable access to CustomPlay and third party web site information and services. The Application utilizes CustomPlay internet-based services to download Movie Information and other information required to support the Applications' features for each movie. The availability of internet access is your sole responsibility. In no event will CustomPlay be liable for the unavailability of any Movie Information, irrespective of the availability of internet access. CustomPlay reserves the right to change, suspend, remove, limit, or disable access to its Movie Information at any time without notice or liability.
18. Potentially Objectionable Content. The Applications and Movie Information provide content and access to information that is responsive to a movie's video and audio depictions. For example, you should expect that the use of the Applications with a movie rated "R" by the MPAA will provide content, depictions, descriptions, images, or descriptors that may not suitable for all audiences. Irrespective of a movie's MPAA rating or the rating that may be assigned to the Application, you understand that by using the Applications and Movie Information, you may encounter content, depictions, descriptions, images, or descriptors that you may deem offensive, indecent, or otherwise objectionable. Thus, you agree that your use of the Applications and Movie Information is at your sole risk and that CustomPlay shall have no liability to you for the presentation of content, depictions, descriptions, images, or descriptors that may be found to be offensive, indecent, or otherwise objectionable.
19. Third Party Content. Title and intellectual property rights in and to content displayed by and/or accessed through the Applications may belong to a third-party content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. You agree that you will not use any third-party content in a manner that would infringe or violate the rights of any other party, and that CustomPlay is not in any way responsible for any such use by you. This License Agreement does not grant you the right to copy, distribute, prepare derivative works, or publicly display such content. Third party content such as movie video, audio, and textual content, depictions, images, and references displayed by the Application and that may be associated with products and websites do not imply the third party's endorsement of such products and websites. All product names, logos, and brands are property of their respective owners. All company, product and service names used in the Applications are for identification purposes only. This product uses the TMDb API but is not endorsed or certified by TMDb. The Movie Db (Logo).
20. Third-Party Sites. The Applications and Movie Information provide hyperlinks that lead to third-party sites that are not controlled by CustomPlay. The Applications may display, include, or make available content, data, information, applications, or materials from third-party sites. CustomPlay is not responsible or liable for: (i) the offerings of any of these sites or the content, privacy policies, or terms of use of those sites; (ii) examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such third-party sites; or (iii) the actions of these third parties, or the products or contents on their sites. Links to third-party sites are provided to you solely for entertainment purposes. Descriptions, images, links, and references to products and websites provided by the Applications and Movie Information do not imply CustomPlay's endorsement of such products and websites. CustomPlay reserves the right, with or without prior notice, to change descriptions, images, links, and references to products and websites. CustomPlay, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party content, third-party sites, or for any other materials, products, or services of third parties. BEFORE VISITING A THIRD-PARTY SITE BY MEANS OF THE APPLICATIONS, YOU SHOULD REVIEW THE THIRD-PARTY SITE'S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES.
21. Third-Party Software. There may be software, utilities, functions, and libraries contained within the Applications or utilized by the Applications that is the property of third parties. The term "Applications" as used herein shall also refer to such third-party software except where the term Applications refers expressly to the ownership or other specific rights of CustomPlay. The same terms and conditions, including all limitations and restrictions, set forth in this License Agreement apply to each such third party-software or party thereof contained in the Applications.
22. Game Currency Purchase. An Application may, such as the PopcornTrivia Application, may include the use of in-game or virtual currency such as "popcorn" ("Game Currency"). You agree that you will only acquire Game Currency through the use of the Applications, and that you will only purchase Game Currency from CustomPlay. The purchase of Game Currency may be further subject to your platform provider's respective terms of service and user agreement. All sales by CustomPlay to you of Game Currency are final once CustomPlay has successfully credited the purchased Game Currency. CustomPlay will not refund any transaction once it has been made. CustomPlay may revise, at any time, the pricing for Game Currency, and limit the amount of Game Currency that may you may acquire, purchase, and/or hold at any one time.
23. Game Currency License. You do not own Game Currency but instead you purchase a limited personal revocable license to use it. You agree that Game Currency is not transferrable to anyone else and you will not transfer or attempt to transfer any Game Currency to anyone else. CustomPlay reserves the right to control, regulate, change or remove any Game Currency without any liability to you. CustomPlay is not able to restore any Game Currency balances to a different device if you lose that device or if it is damaged. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY GAME CURRENCY. CUSTOMPLAY MAY SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR GAME CURRENCY AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
24. Game Currency Loss. You agree that once purchased Game Currency has no monetary value and can never be exchanged for real money or real goods from CustomPlay or anyone else. Game Currency does not reflect any stored value. You will lose any Game Currency that you may have and CustomPlay will not compensate you for this loss or make any refund to you in the event that: (i) CustomPlay exercises its right, at any time, with or without notice to you, and in CustomPlay's sole and absolute discretion, to discontinue supporting the Applications and/or providing Movie Information, (ii) CustomPlay exercises its right, at any time, with or without notice to you, and in CustomPlay's sole and absolute discretion, terminates this License Agreement, and/or (iii) CustomPlay, at any time, with or without notice to you, and in CustomPlay's sole and absolute discretion, suspends, terminates, modifies, or deletes Game Currency, that you and other users may have, at any time for any reason or no reason.
25. Game Contests. CustomPlay may from time to time, in CustomPlay's sole and absolute discretion, conduct a game contest/challenge ("Contest") which may award a prize, such as Game Currency, ("Prize") to one or multiple participants. CustomPlay reserves the absolute right, in its sole discretion, to interpret and/or modify, at any time, the rules of any Contest. CustomPlay reserves the absolute right, in its sole discretion, to disqualify you and any Contest participant for any reason or no reason whatsoever and without awarding a Prize. CustomPlay reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any Contest without awarding a Prize. All Contest times are based on Eastern Times (ET).
26. Contest Limitations Of Liability And Release. CustomPlay assumes no liability or responsibility resulting from your participation in or attempt to participate in a Contest. No responsibility or liability is assumed by CustomPlay for errors, problems, or malfunctions which may affect the operation of a Contest, including, for example, computer, communication, execution, instruction errors, or rules errors, awarding of a Prize, and any incorrect or inaccurate information. CustomPlay assumes no liability or responsibility resulting from any third party unauthorized intervention, fraud, technical interference, or tampering of any kind. By participating in a Contest, you agree: (i) to release, hold harmless and indemnify CustomPlay from any and all claims, damages or liabilities arising from or relating to your participation in the Contest; (ii) all causes of action arising out of or connected with a Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (iii) any and all claims, judgments, and award shall be limited to your actual out-of-pocket costs incurred, excluding legal fees and court costs. By accepting a Prize, you agree that CustomPlay and its affiliated companies, and their officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by you against, any liability for injuries, losses or damages of any kind to persons or property resulting in whole or in part, directly or indirectly, from your participation in the Contest or from your acceptance, possession, misuse or use of any Prize. The app stores are not a sponsor or involved in a Contest in any manner, and have no liability or responsibility resulting from your participation in or attempt to participate in a Contest.
27. License Agreement Changes. CustomPlay reserves the right, from time to time, with or without specific notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of the Applications after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
28. Termination. This License Agreement is effective until terminated by you or CustomPlay. Your rights under this License Agreement are terminable by CustomPlay at any time without notice. Further, your rights under this License will terminate automatically without notice from CustomPlay if you fail to comply with or violate any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by CustomPlay shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of CustomPlay. All provisions relating to proprietary rights and nondisclosure shall survive the termination of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the Applications and the Movie Information and destroy all copies, full or partial, of the Applications that you may have downloaded hereunder.
29. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. THE APPLICATIONS AND MOVIE INFORMATION, INCLUDING ANY PART THEREOF, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE APPLICATIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CUSTOMPLAY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE APPLICATIONS AND MOVIE INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR RELIABLE, MEET YOUR REQUIREMENTS, OR THAT THE MOVIE INFORMATION WILL CONTINUE TO BE MADE AVAILABLE, OR THAT DEFECTS IN THE APPLICATIONS WILL BE CORRECTED. INSTALLATION OF THE APPLICATIONS MAY AFFECT YOUR USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS, OR SERVICES. YOU AGREE THAT CUSTOMPLAY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE APPLICATIONS, INCLUDING FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE APPLICATIONS, WITHOUT COMPENSATION OR NOTICE TO YOU. THE APPLICATIONS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS WHERE FAILURES, ERRORS, OR INACCURACIES IN THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE APPLICATIONS COULD LEAD TO UNACCEPTABLE CONSEQUENCES. TO THE EXTENT ALLOWABLE BY LAW, CUSTOMPLAY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES WITH RESPECT TO THE APPLICATIONS, MOVIE INFORMATION, OR ANY PART THEREOF, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
30. NO LIABILITY. IN NO EVENT SHALL CUSTOMPLAY OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APPLICATIONS, MOVIE INFORMATION, OR ANY PART THEREOF, OR ANY CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE APPLICATIONS, MOVIE INFORMATION, OR ANY THIRD-PARTY SERVICES, SOFTWARE, OR APPLICATIONS. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the Applications or the content played by the Applications; (ii) errors or omissions in a Movie Information or unavailability of a Movie Information; (iii) any failure or interruption in the availability of the Applications and/or our Website; (iv) delivery and or display of any content through the Applications; (v) any losses or damages arising from the use of the content provided through the Applications; (vi) third-party content, third-party sites, or for any other materials, products, or services of third parties; or (vii) recommendations or advice of any CustomPlay personnel. In no event shall CustomPlay's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
31. GENERAL RELEASE. YOU AGREE THAT CUSTOMPLAY, AND EACH OF ITS EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE APPLICATIONS, MOVIE INFORMATION, THE COMMUNICATION SERVICES, OR ANY ERRORS OR OMISSIONS IN THEIR OPERATION, EVEN IF CUSTOMPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION, THE WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER WHETHER OR NOT AT THIS TIME UNKNOWN OR UNSUSPECTED.
32. Accuracy and Security. CustomPlay does not represent or warrant that the information accessible via the Applications or the Website is accurate, complete, or current. We do not represent or guarantee that your use of the Applications or any part thereof will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon CustomPlay.
33. Export Law Assurances. You may not export or re-export the Applications or the Movie Information. In particular, but without limitation, the Applications and Movie Information may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Applications, you represent and warrant that you are not located in any such country or on any such list.
34. U.S. Government End Users. The Applications, Movie Information, and any related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States of America.
35. Indemnity. You agree to defend, indemnify, and hold harmless CustomPlay, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Applications, Movie Information, or the Website; your purchase of in-game currency; (iii) your violation of any term of this License Agreement; or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this License Agreement and your use of the Applications and Movie Information.
36. Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the state of Florida, U.S.A., without regard to conflict of laws or provisions. You hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in the County of West Palm Beach, state of Florida for any cause of action relating to or arising under this License Agreement, the Applications, or the Movie Information. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, then, preferably, that provision or portion thereof may be construed in a manner most consistent with applicable governing law, or may be deleted from the License Agreement without affecting the rest of the License Agreement. The remainder of this License Agreement shall continue to be in full force and effect. The section titles in this License Agreement are for convenience only and do not have any legal or contractual effect.
37. Disputes to Be Arbitrated. You and CustomPlay agree that any dispute, claim or controversy arising out of or relating in any way to the Applications, Movie Information, Website, or any part thereof, or any dispute related to this License Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CustomPlay are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless CustomPlay and you agree otherwise, any arbitration hearings will take place in West Palm Beach, Florida. The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
38. Complete Agreement. This License Agreement constitutes the entire agreement between the parties with respect to the use of the Applications and Movie Information licensed hereunder and supersedes all prior or contemporaneous agreements and understandings regarding such subject matter.
