CustomPlay

1. General. This www.customplay.com website (the "Website") is operated by CustomPlay LLC ("CustomPlay" or "we", "us", or "our"). Your use of the Website is conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use (the "Terms"). Your use of the Website constitutes your agreement to all the Terms.

2. Ability to Accept Terms. 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 these Terms, and to abide by and comply with the Terms. 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.

3. Changes to Terms. CustomPlay reserves the right, from time to time, with or without notice to you, to amend the Terms in our sole and absolute discretion. The most current version of the Terms will supersede all previous versions. Your use of the Website after changes are made means that you agree to be bound by such changes. As such, you should review the Terms periodically.

4. Intellectual Properties. This Website and any portions thereof contains, or may in the future contain, content including but not limited to one or more CustomPlay created applications (the "Application(s)"); Application movie-related information, data, images, links, write-ups, descriptors, and text (collectively and individually, the "Movie Maps"); and content, multimedia, video and audio clips, images, links, text, information, data, materials, trademarks, copyrights, logos, domain names, trade names, service marks, and any other form of intellectual property (collectively, the "Content") that is owned by CustomPlay, licensed to CustomPlay, or owned by third parties. The term Application comprises software, executables, libraries, resources, data, and documentation. Applications comprise second screen applications for smartphones and tablets (the “Second Screen Applications”), applications for televisions, television streaming devices, and digital media players (the “Television Applications”), and applications for Windows based personal computers comprising a DVD drive (the “PC DVD Applications”). The Applications, Movie Maps, and Content are protected from unauthorized use, copying, and dissemination by copyright, trademark, and other intellectual property laws. You agree not to violate CustomPlay's rights or the rights of others. You may not, for example, with respect to the Movie Maps and Content or any portion thereof (including Content that the Website enables you to download or save), in any manner not permitted under fair use, publicly display it, charge any fee for it, use it to create your own website, construct a database with it or replicate our Website or any parts of it elsewhere, modify, publish, transmit, participate in the transfer or sale, or in any way infringe intellectual property rights.

5. Third-Party Content. Title and intellectual property rights in and to Content displayed by or accessed through the Website may belong to a third-party content owner. Such Content may be protected by copyright or other intellectual property laws, 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 third party, and that CustomPlay is not in any way responsible for any such use by you. The Terms do not grant you the right to copy, distribute, prepare derivative works, or publicly display such Content.

6. Third-Party Sites. The Website provides hyperlinks that lead to third-party sites that are not controlled by CustomPlay. The Website may display, include, or make available content, data, information, applications, or materials from third-party sites. CustomPlay is not responsible for, or liable for: (i) the offerings of any of these sites or the content, privacy policies, or terms of use of those websites; (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 websites. Links to third-party sites are provided to you solely for entertainment purposes. 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. Third-party materials accessed through or used by means of the third-party sites may also be protected by copyright and other intellectual property laws. BEFORE VISITING A THIRD-PARTY SITE BY MEANS OF THE WEBSITE, 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.

7. Permitted Uses. You may surf and view our Website, which means displaying or loading the Content on your computer in connection with typical web browsing activity, and you may use the Content for your personal, non-commercial uses.

8. No Unlawful or Prohibited Use. As a condition of your use of the Website, you warrant to CustomPlay that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

9. Forums and Comments. The Website may contain forums, comments, bulletin boards, and/or other message or communication services designed to enable you to communicate with the public at large or with a group (collectively, "Communication Service"). You agree to use the Communication Service only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: (i) violate any applicable laws or regulations; (ii) post, send, upload, distribute, submit, or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of CustomPlay), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by CustomPlay in its sole discretion); (iii) create a false identity for the purpose of misleading others; (iv) post or upload content that violates the intellectual property rights of others; (v) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; (vi) advertise or offer to sell or buy any goods or services for any business purpose; (vii) harvest or otherwise collect information about others; (viii) restrict or inhibit any other user from using and enjoying the Communication Services; and/or (ix) submit posts or comments that are discourteous, disrespectful, impolite, or uncivilized (you may disagree, you may not be disagreeable).

10. Forums and Comments Monitoring. CustomPlay has no obligation to, and will not be able to, effectively monitor the Communication Services. CustomPlay does not control or endorse the content, messages or information found in the Communication Services and, therefore, CustomPlay specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any of the Communication Services. However, CustomPlay reserves the right to review materials posted to a Communication Service, and in its sole discretion, at any time, without notice and for any reason whatsoever, edit or remove any materials. CustomPlay reserves the right to terminate your access to any or all of the Communication Services at any time without notice and for any reason whatsoever. Managers and hosts are not authorized CustomPlay spokespersons, and their views do not necessarily reflect those of CustomPlay.

11. Disclosure of Information. CustomPlay's disclosure of personally identifying information and other user information that may be collected will be treated in accordance with CustomPlay's Privacy Policy, which is available at the Website and is incorporated herein by reference. You affirm that you have read and understood its terms and conditions, as they may be updated and/or revised from time to time.

12. Participation Is a Privilege. In order to use the Communication Services and to contribute to our forums and post comments on the Website, you are required to create a user login account and provide your first and last name, email address, avatar name, avatar image, and password. Access to the Communications Services is a privilege that is maintained by you through the quality of your contribution and comments. CustomPlay reserves the right, in its sole discretion, at any time, without notice and for any reason whatsoever, to limit the number of participants.

13. Right to Use Submission. By contributing, posting, uploading, or otherwise submitting content or information (a "Submission") through the Communication Services, you automatically grant CustomPlay a perpetual, worldwide, payment-free, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from, and distribute such Submissions and incorporate them into any form, medium, or technology now known or hereafter devised. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

14. Application's License. The Applications are provided by CustomPlay, directly or indirectly through a third party application provider and are governed by the terms and conditions of each Application’s End User License Agreement, which is available at the respective stores, is included with each Application, and is incorporated herein by reference. You may not install or use an Application unless you first agree to that Application’s End User License Agreement.

15. NO LIABILITY. THE APPLICATIONS, MOVIE MAPS, CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CUSTOMPLAY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN NO EVENT SHALL CUSTOMPLAY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATIONS, MOVIE MAPS, CONTENT, OR THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY APPLICATIONS, MOVIE MAPS, CONTENT, AND RELATED SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATIONS, MOVIE MAPS, CONTENT, OR WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUSTOMPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF AN APPLICATION OR THE WEBSITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND THE WEBSITE.

16. NO WARRANTY. CUSTOMPLAY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE, APPLICATIONS, MOVIE MAPS, AND CONTENT FOR ANY PURPOSE. ALL SUCH WEBSITE, APPLICATIONS, MOVIE MAPS, AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CUSTOMPLAY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATIONS, MOVIE MAPS, AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

17. NO RESPONSIBILITY. YOU SPECIFICALLY AGREE THAT CUSTOMPLAY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT CUSTOMPLAY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CUSTOMPLAY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE WEBSITE BY ANY THIRD PARTY.

18. 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 WEBSITE, THE APPLICATIONS, THE MOVIE MAPS, THE CONTENT, 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, THIS 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.

19. Indemnification. 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 or conduct on the Website; (ii) your violation of any term of the Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the Terms and your use of the Website.

20. Copyright Infringement Claims. If you believe in good faith that your copyrighted work has been reproduced on the Website without authorization in a way that constitutes copyright infringement not permitted under fair use, you or a person authorized to act on your behalf may notify our designated agent under the Digital Millennium Copyright Act: Copyright Agent, CustomPlay LLC, 190 Congress Park Drive, Suite 200, Delray Beach, FL 33445. Your notification must include the identifications, information, signed statement and representation, and contact information that may be required under United States law and regulations.

21. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CustomPlay as a result of the Terms, your use of the Website, or your use of an Application.

22. Disputes to Be Arbitrated. You and CustomPlay agree that any dispute, claim or controversy arising out of or relating in any way to the Website, Applications, Movie Maps, and/or Content, or any dispute related to the Terms, 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 the Terms. 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. 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.

23. Governing Law. The Terms 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 Palm Beach, state of Florida, for any cause of action relating to or arising under these Terms. 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 Terms without affecting the rest of the Terms. The remainder of the Terms shall continue to be in full force and effect. The section titles in the Terms are for convenience only and do not have any legal or contractual effect.

24. Complete Agreement. The Terms constitutes the entire agreement between you and CustomPlay and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CustomPlay.