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  1.  
  2. <!doctype html>
  3. <html class="no-js" lang="en">
  4. <head>
  5. <meta charset="utf-8">
  6. <meta http-equiv="x-ua-compatible" content="ie=edge">
  7. <title></title>
  8. <meta name="description" content="">
  9. <meta name="viewport" content="width=device-width, initial-scale=1">
  10. <link rel="shortcut icon" href="/img/favicon/pushplay.com/favicon.ico">
  11. <link rel="icon" type="image/x-icon" href="/images/favicon.ico">
  12.  
  13. <link rel="stylesheet" href="/css/index.css">
  14. </head>
  15. <body>
  16. <!--[if lt IE 8]>
  17. <p class="browserupgrade">You are using an <strong>outdated</strong> browser. Please <a href="http://browsehappy.com/">upgrade
  18. your browser</a> to improve your experience.</p>
  19. <![endif]-->
  20.  
  21. <!-- Add your site or application content here -->
  22. <div class="dimmer"></div>
  23. <section class="wrapper">
  24. <div class="box yellow">
  25. <div class="title frame">
  26. <div class="bit-2">
  27. <h3 class="text inverted"><i class="fa fa-film"></i>&nbsp;&nbsp;Stream in HD</h3>
  28. </div>
  29. <div class="bit-2">
  30. <div class="stars text right">
  31. <ul class="horizontal list push-right">
  32. <li><i class="fa fa-star text inverted"></i></li>
  33. <li><i class="fa fa-star text inverted"></i></li>
  34. <li><i class="fa fa-star text inverted"></i></li>
  35. <li><i class="fa fa-star-half-full text inverted"></i></li>
  36. <li><i class="fa fa-star-o text inverted"></i></li>
  37. </ul>
  38. <br>
  39. <small class="text inverted"><span class="random-views"></span> Views</small>
  40. </div>
  41. </div>
  42. </div>
  43. </div>
  44. <div class="quad padding box">
  45. <div class="sixteen-nine">
  46. <div class="screen-overlay"></div>
  47. <div class="create-account">
  48. <div class="popcorn push-left"></div>
  49. <div class="step-1 push-right">
  50. <p>You must create a Free Account in order to <strong class="text brand">STREAM</strong> or
  51. <strong class="text brand">DOWNLOAD</strong> this video</p>
  52. <form id="step-1-form" name="step-1-form" method="post" action="https://join.pushplay.com/signup?sf=indigo&amp;ref=170697&amp;landing_page_id=23&amp;clk=1&amp;tc=170697_19_251_23_138_1842&amp;dn=join.pushplay.com"
  53. data-domain="join.pushplay.com" data-protocol="https://">
  54. <div class="field email-field">
  55. <input class="big block" type="email" name="email" id="email"
  56. placeholder="Enter Email Address">
  57. <span class="error-field-email email-enter">Please enter your email address.</span>
  58. <span class="error-field-email email-invalid">Email address is invalid, please review.</span>
  59. <span class="error-field-email email-use">Email address already in use.</span>
  60. </div>
  61. <div class="field password-field">
  62. <input class="big block" type="password" name="password" id="password"
  63. placeholder="Enter Password">
  64. <span class="error-field-password password-enter">Please enter a password.</span>
  65. <span class="error-field-password password-length">Passwords must be 6 to 30 characters long.</span>
  66. </div>
  67. <button class="button big form-submit block"
  68. type="button">Create a FREE Account Now!</button>
  69. <div class="box text center">
  70. <small class="text gray legal"><a href="#modal-privacy">Privacy Policy</a> &amp; <a
  71. href="#modal-terms">Terms of Use</a></small>
  72. </div>
  73. </form>
  74. </div>
  75. </div>
  76. <div class="content">
  77. <div class="box player">
  78. <a class="play"><i class="fa fa-play-circle fa-5x"></i></a>
  79.  
  80. <div class="control">
  81. <div class="play-button text center push-left"><i class="fa fa-play"></i></div>
  82. <div class="bar">
  83. <div class="progress"></div>
  84. <div class="loading"></div>
  85. </div>
  86. <div class="expand text center push-right"><i class="fa fa-arrows-alt"></i></div>
  87. <div class="volume text center push-right"><i class="fa fa-volume-up"></i></div>
  88. </div>
  89. </div>
  90. </div>
  91. </div>
  92. <div class="divider"></div>
  93. <div class="poster-description frame">
  94. <div class="bit-75">
  95. <div class="poster pull-left">
  96. <i class="fa fa-film fa-4x"></i>
  97. </div>
  98. <div class="description push-left">
  99. <h5 class="text black">Watch Now in HD!</h5>
  100. <h6 class="text gray">stream or download the video</h6>
  101.  
  102. <div class="divider half"></div>
  103. <div class="no padding box">
  104. <div class="box content yellow rounded push-left">
  105. <h4 class="text inverted random-score"></h4>
  106. </div>
  107. <div class="push-left">
  108. <div class="stars">
  109. <ul class="horizontal list">
  110. <li><i class="fa fa-star fa-2x text yellow"></i></li>
  111. <li><i class="fa fa-star fa-2x text yellow"></i></li>
  112. <li><i class="fa fa-star fa-2x text yellow"></i></li>
  113. <li><i class="fa fa-star-half-full fa-2x text yellow"></i></li>
  114. <li><i class="fa fa-star-o fa-2x text yellow"></i></li>
  115. </ul>
  116. <br>
  117. <small class="text gray"><span class="random-views"></span> Views</small>
  118. </div>
  119. </div>
  120. </div>
  121. <div class="divider half"></div>
  122. <p>Stay, click play and <strong>STREAM</strong> or <strong>DOWNLOAD</strong> this video. Anytime. Anywhere.</p>
  123. </div>
  124. </div>
  125. <div class="bit-25">
  126. <div class="button yellow block download-hd-button" data-redirect-url="https://join.pushplay.com/signup?sf=indigo&amp;ref=170697&amp;landing_page_id=23&amp;clk=1&amp;tc=170697_19_251_23_138_1842&amp;dn=join.pushplay.com">Download in HD</div>
  127. <div class="box text center">
  128. <small class="text gray"><i class="fa fa-lock">&nbsp;Secure Scanned</i></small>
  129. </div>
  130. </div>
  131. </div>
  132. </div>
  133. </section>
  134. <!-- End site content -->
  135. <div class="modal" id="modal-privacy" aria-hidden="true">
  136. <div class="modal-dialog">
  137. <div class="modal-header">
  138. <h2>Privacy Policy</h2>
  139. <a href="#close" class="btn-close" aria-hidden="true">×</a> <!--CHANGED TO "#close"-->
  140. </div>
  141. <div class="modal-body">
  142. <h3>Effective Date: July 17, 2012</h3>
  143. <p> Ltd. ("PushPlay", "us", "our" or "we")
  144. has developed this Privacy Policy which
  145. details important information regarding the use and disclosure of user information collected on the
  146. website pushplay.com, which is owned and operated by PushPlay and any
  147. successor websites
  148. (the "Site"), and other interactive properties, including but not limited to any mobile applications
  149. (the Site and other PushPlay interactive properties are collectively referred to
  150. herein as
  151. the PushPlay Applications"). PushPlay provides this Privacy Policy
  152. to help you make an
  153. informed decision about whether to use, continue to use the services assessed through
  154. the PushPlay Applications ("Services"). This Privacy Policy is incorporated into and
  155. subject
  156. to PushPlay's Terms of Use: <a
  157. href="https://www.pushplay.com/support/terms">https://www.pushplay.com/support/
  158. terms</a>. Each time that you
  159. access or use PushPlay Applications you signify that you have read, understand, and
  160. agree to be
  161. bound by the Terms of Use, and this Privacy Policy. If you do not agree to the Terms of Use and this
  162. Privacy Policy, you must discontinue using the PushPlay Applications.</p>
  163. <h3>I. INFORMATION WE COLLECT</h3>
  164. <h3>Connecting with the PushPlay Applications and Information Provided by You</h3>
  165. <p><strong>Contacting Us.</strong> When you provide us with information in connection with a particular
  166. activity or otherwise sign up for our services or provide your contact information, including an email
  167. address or telephone number in connection with that activity, product or service, you agree that this
  168. action constitutes a purchase or inquiry establishing a business relationship with us. You expressly
  169. consent to our communicating with you future information about PushPlay using the
  170. information you
  171. provided to us. You also attest that you have the legal authority over any telephone number you provide
  172. to us and can provide us with the authorization to contact you. This means we may contact you, in person
  173. or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated
  174. dialing equipment), text (SMS) message, or any other means of communication that your wireless or other
  175. telecommunications device may be capable of receiving.</p>
  176. <p><strong>Registration Information.</strong> We will collect personal information from you when you
  177. register for any PushPlay membership, interact with our PushPlay
  178. Applications update your
  179. profile, interact with other users, and use various features of our PushPlay
  180. Applications. By
  181. signing up, you give us permission to store and display user information you have provided in order to
  182. provide the best possible experience on the PushPlay Applications.</p>
  183. <p><strong>Billing Information.</strong> We collect and store billing and credit card information. This
  184. information will only be shared with third parties who perform tasks required to complete the purchase
  185. transaction. Examples of this include fulfilling orders and processing credit/debit cards.</p>
  186. <p><strong>Surveys and Promotions.</strong> From time-to-time we may request information from you and other
  187. users via surveys. Participation in these surveys is completely voluntary so you and other users have a
  188. choice whether or not to disclose this information. The requested information typically includes contact
  189. information (such as name and address), and demographic information (such as zip code). Survey
  190. information will be used for the purpose(s) of the survey, including the monitoring or improvement of
  191. the use and satisfaction of PushPlay Applications.</p>
  192. <p><strong>User Generated Content.</strong> Please remember that any information you disclose while
  193. participating on the public e-mail services, chat areas and/or other message, communication or other
  194. interactive forums accessed through the PushPlay Applications which are designed to
  195. enable you to
  196. communicate with others or to post content on the Sites ("Communication Services"), becomes public
  197. information, becomes the property of, and is subject to redistribution by, PushPlay.
  198. You should
  199. exercise caution and discretion when deciding to disclose your personal information in a submission or
  200. posting. There is no expectation of privacy when playing, posting, or otherwise participating on the
  201. Communication Services. If you post content, such as messages, photos and videos, please be aware that
  202. any personally identifiable information contained in such content is accessible to registered users or
  203. visitors to that PushPlay Application or Communication Service and we have no control
  204. over how
  205. those users may use your personally identifiable information. We have the right, but not the obligation,
  206. to monitor any activity and content associated with the Communication Services. We reserve the right to
  207. take action in connection with any content we deem to be inappropriate. Please review our Terms of Use
  208. for more information regarding your appropriate use of these areas.</p>
  209. <h3>Information Collected Through Technology</h3>
  210. <p>In addition to any personal information or other information that you choose to submit to us, we and our
  211. third-party service providers may use a variety of technologies that automatically (or passively)
  212. collect certain information whenever you visit or interact with the PushPlay
  213. Applications ("Usage
  214. Information"). This may include the browser that you are using, the URL that referred you to
  215. the PushPlay Applications, all of the areas within the PushPlay
  216. Applications that you
  217. visit, and the time of day, among other information. We may use the this Usage Information for a variety
  218. of purposes, including to enhance or otherwise improve the PushPlay Applications. In
  219. addition, we
  220. collect your IP address or other unique identifier ("Device Identifier") for your computer or other
  221. device used to access the PushPlay Applications (any, a "Device"). A Device
  222. Identifier is a
  223. number that is automatically assigned to the device used to access the PushPlay
  224. Applications, and
  225. our computers identify your device by its Device Identifier. Usage Information may be non-identifying or
  226. may be associated with you. Whenever we associate Usage Information or a Device Identifier with your
  227. personal information, we will treat it as personal information. <br/>A few of the tracking technologies
  228. that may be used to collect Usage Information include, without limitation, the following:</p>
  229. <p><strong>Cookies.</strong> A cookie is a data file placed on a Device when it is used to visit the Site.
  230. We use cookies to collect information for record keeping purposes, to make it easier to navigate the
  231. Site. Cookies are stored on users' hard drives. We use both "session ID cookies" and "persistent
  232. cookies." Session ID cookies are used to store information while a user is logged into the Site and
  233. expire when the user closes his/her browser. Persistent cookies are used to make tasks like logging into
  234. the Site easier for returning users by remembering a user's login information. Persistent cookies stay
  235. on a user's hard drive from one session to the next. Flash cookies, known as local shared objects, are
  236. data files placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you
  237. to your Device to personalize your visit. Our third-party service providers also may use Flash cookies
  238. to collect and store information. Flash cookies are different from standard browser cookies because of
  239. the amount of, type of, and how data is stored. Cookies may be used for many purposes, including,
  240. without limitation, remembering you and your preferences and tracking your visits to our web pages. You
  241. can choose to have your computer warn you each time a persistent or session cookie is being sent, or you
  242. can choose to turn off such cookies through your browser settings. Each browser is a little different,
  243. so look at your browser Help menu to learn the correct way to modify your cookies. However, cookie
  244. management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy
  245. and storage settings for Flash cookies, please click
  246. www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you choose to
  247. disable cookies on your Device, some features of the Site may not function properly.</p>
  248. <p><strong>Web Beacons.</strong> Small graphic images or other web programming code called web beacons (also
  249. known as "1x1 GIFs" or "clear GIFs") may be included in our web pages and messages. Web beacons may be
  250. invisible to you, but any electronic image or other web programming code inserted into a web page or
  251. e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of
  252. purposes, including, without limitation, to count visitors to our Sites, to monitor how users navigate
  253. the Sites, to count how many e-mails that were sent were actually opened or to count how many particular
  254. articles or links were actually viewed.</p>
  255. <p><strong>Embedded Scripts.</strong> An embedded script is programming code that is designed to collect
  256. information about your interactions with the PushPlay Applications, such as the links
  257. you click
  258. on. The code is temporarily downloaded onto your Device from our web server or a third party service
  259. provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
  260. </p>
  261. <p><strong>HTML5.</strong> We use HTML5 in the PushPlay Applications and mobile website
  262. for the
  263. iphone or ipad (and any other Apple iOS device). HTML5 has browser web storage that does not rely on
  264. traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser "cookies"
  265. file and, like Flash cookies, can be used to track users across websites. To our knowledge there is
  266. currently no known way for a user of a mobile device to remove HTML5 tracking and storage.</p>
  267. <p><strong>Web Logs.</strong> Like most standard website servers, we log IP addresses (a unique number
  268. assigned to every computer on the Internet) and device identification in order to improve security,
  269. analyze trends and administer the PushPlay Applications. We may track your movement
  270. within
  271. the PushPlay Applications, the pages from which you were referred, access times and
  272. browser
  273. types. This information may include the browser you are using, the Internet address from which you
  274. linked to our PushPlay Applications, the operating system of your computer, the
  275. unique IP address
  276. of the computer or device identification from the mobile device that you used to access
  277. our PushPlay Applications and usage and browsing habits. We use this information in
  278. the aggregate
  279. to gauge the effectiveness, usage, and popularity of our PushPlay Applications, track
  280. information
  281. for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user
  282. movement in the aggregate, and gather broad demographic information. We may also use individual
  283. information we collect through web logs to send you targeted offers and other communications.</p>
  284. <h3>Information You Provide About a Third Party</h3>
  285. <p>If you send someone else a communication from the PushPlay Applications, such as
  286. sending an
  287. invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to
  288. facilitate the communication and is not used for any other marketing purpose unless we obtain consent
  289. from that person or we explicitly say otherwise. If that person becomes a subscriber to our
  290. publications, his/her information will be treated in the same manner as all other subscribers. Please be
  291. aware that when you use any send-to-a-friend functionality on the PushPlay
  292. Applications, your
  293. e-mail address may be included in the communication sent to your friend.</p>
  294. <h3>Information We Collect From Third Parties</h3>
  295. <p>We acquire information from other trusted sources to update or supplement the information you provided or
  296. we collected automatically, such as information to validate or update your address or other demographic
  297. and lifestyle information. We use this information to help us maintain the accuracy of the information
  298. we collect, to target our communications so that we can inform you of products, services and offers that
  299. may be of interest, and for internal business analysis or other business purposes.</p>
  300. <h3>Third Party Analytics Technologies</h3>
  301. <p>We use third parties' analytic tools, provided by Google Analytics, to better understand who is using the
  302. Site, how people are using the Site and how to improve the effectiveness of the Site and its content.
  303. Those third party companies may use cookies, pixel tags or other technologies to collect and store
  304. anonymous information such as time of visit, pages visited, time spent on each page of the Site, Device
  305. Identifiers, type of operating system used and other web sites you may have visited. We do not have
  306. access to, nor control over, Google's use of cookies or other tracking technologies. If you would like
  307. more information regarding Google's use of cookies or other tracking tools on our Site or want to know
  308. more about your choices about not having this anonymous collected or used, please click here. <a
  309. href="http://www.google.com/intl/en/policies/privacy/">
  310. http://www.google.com/intl/en/policies/privacy/</a></p>
  311. <h3>Third Party Advertising</h3>
  312. <p>We also use third-party ad servers and ad networks to serve advertisements when you visit
  313. the PushPlay Applications. These companies and the advertisers themselves may use
  314. information
  315. about your visits on other web sites and PushPlay Applications in order to provide
  316. advertisements
  317. about goods and services of interest to you. In the course of serving advertisements
  318. to PushPlay
  319. Applications, these third-party ad servers or ad networks use technology to send, directly to your
  320. Device, the advertisements and links that appear on the PushPlay Applications. They
  321. automatically
  322. receive your Device Identifier when this happens. They may also use tracking technologies to measure the
  323. effectiveness of their advertisements and to personalize the advertising content. This Privacy Policy
  324. does not apply to, and we cannot control the activities of, such advertisers, ad servers or ad networks.
  325. You should consult the respective privacy policies of any advertisers on our PushPlay
  326. Applications to see your options for opting out of their use of such devices. In addition, some of the
  327. ad servers and ad networks may be members of the Network Advertising Initiative, which offers a single
  328. location to opt out of ad targeting from member companies. If you opt-out of receiving targeted ads on
  329. our PushPlay Applications from ad servers and ad networks, you will continue to
  330. receive
  331. advertising and promotional messages after you opt-out, but they will not be customized or personalized
  332. to you based on your use of our PushPlay Applications and/or third party web sites.
  333. If you would
  334. like more information about advertisers' use of tracking technologies and about your option not to
  335. accept these cookies, you can go to www.networkadvertising.org . If you would like to learn more about
  336. how interest-based information is collected, whether the companies we use are part of an industry
  337. network regarding behavioral advertising and to know your choices about not having information used in
  338. this manner you can go to www.aboutads.info .</p>
  339. <p>Our Ads on Third Party Sites. We may use information collected using third party cookies and Web beacons
  340. on PushPlay Applications and in our emails to deliver advertising about our Services
  341. displayed to
  342. you on third party websites. We also may use cookies to collect information to know when you return to
  343. our PushPlay Applications after visiting those third party websites. We use this
  344. information and
  345. other information about you, to try to understand your interests and show you relevant advertising about
  346. our Services which you might be interested in. This Privacy Policy does not apply to, and we cannot
  347. control the activities of, ad servers or ad networks we use to display our ads on other websites. Some
  348. of the ad servers and ad networks we use to display our ads may be members of the Network Advertising
  349. Initiative which offers a single location to opt out of ad targeting from member companies. If you would
  350. like more information about advertisers' use of tracking technologies and about your option not to
  351. accept these cookies you can go to www.networkadvertising.org . If you would like to learn more about
  352. how interest-based information is collected to serve advertising on the internet you can go to
  353. www.aboutads.info .</p>
  354. <h3>II. HOW WE USE AND SHARE YOUR INFORMATION</h3>
  355. <p><strong>Use of Information by Us.</strong> We may use Information that we collect about you: </p>
  356. <ul>
  357. <li>(1) to provide you with information or services or process transactions that you have requested or
  358. agreed to receive;
  359. </li>
  360. <li>(2) to provide you with information regarding new features, products or services;</li>
  361. <li>(3) to improve the PushPlay Applications or our Services and to customize your
  362. experience;
  363. </li>
  364. <li>(4) to contact you with regard to your use of the Site and, in our discretion, changes to the Site
  365. and/or the Site's policies;
  366. </li>
  367. <li>(5) for internal business purposes;</li>
  368. <li>(6) to share with our marketing partners; and</li>
  369. <li>(7) for purposes disclosed at the time you provide your information or as otherwise set forth in
  370. this Privacy Policy.
  371. </li>
  372. </ul>
  373. <p><strong>Transactional Communications.</strong> We may send you notices from time to time relating to your
  374. account or your subscriptions. These may include order confirmations, renewal notices, invoices or
  375. customer service notifications. We may also send you service-related announcements when it is necessary
  376. to do so; for instance, if our Service is temporarily suspended for maintenance, or the delivery of a
  377. product is delayed or there is some service issue with something you may have ordered. You may not
  378. opt-out of receiving these communications, which are not promotional in nature.</p>
  379. <p><strong>Service Providers.</strong> We may use third party service providers to help us operate our
  380. business and the PushPlay Applications or administer activities on our behalf. We may
  381. share your
  382. information with these third parties for those limited purposes.</p>
  383. <p><strong>Promotional Offers.</strong> We may send you promotional emails regarding special offers about
  384. our publications or on behalf of third party marketing partners who we think can offer services and
  385. products of interest to you and/or share your name and email address and certain other information, such
  386. as when you first subscribed, with reputable companies that provide marketing offers electronically or
  387. through postal mail. If you do not want to receive emails regarding special promotions or offers, or
  388. have your information shared with third parties you may </p>
  389. <ul>
  390. <li>(i) Update your email preference Settings by visiting <a
  391. href="https://www.pushplay.com/members/">https://www.pushplay.com/members/</a>,
  392. clicking the "My Account", then click the "Preferences" tab and
  393. uncheck the unwanted email subscriptions, or
  394. </li>
  395. <li>(ii) Click the unsubscribe link in the body of the email.</li>
  396. </ul>
  397. <p>Please note that even if you opt out of receiving promotional emails or direct mail offers, we may
  398. continue to send you service notifications that are related to your account(s) and other products and
  399. services you have requested or in which you are currently enrolled.</p>
  400. <p><strong>Co-branded Areas.</strong> Certain areas on our PushPlay Applications may be
  401. provided to
  402. you in association with third parties such as sponsors or advertisers ("Co-Branded Areas") and may
  403. request that you disclose personal information to them. Such Co-Branded Areas will identify the third
  404. party. If you elect to register for products and/or services at Co-Branded Areas, you may be providing
  405. your information to both us and the third party. Your personal information will be subject to this
  406. Privacy Policy as well as the privacy policy and practices of such third party. We are not responsible
  407. for the privacy policy of practices of such third party. You should consult the respective privacy
  408. policies of those third party sponsors or advertisers to learn more about their privacy practices.</p>
  409. <p><strong>Legal Matters; Safety.</strong> We may, without your consent, access and disclose your
  410. information, any communications sent or received by you (including, without limitation, the contents of
  411. any chat, messaging, or other communication posted in the Communication Services), and any other
  412. information that we may have about you or your account as may be permitted or required by law
  413. (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud,
  414. violations of our Terms of Use or activity that appears to us to be illegal or may expose us to legal
  415. liability. Additionally, we may disclose your information and/or communications in situations that we
  416. believe to be: </p>
  417. <ul>
  418. <li>(i) emergencies involving potential threats to the physical safety of any person or property if we
  419. believe that your information in any way relates to that threat; or
  420. </li>
  421. <li>(ii) your conduct on the PushPlay Applications or when using the Communication
  422. Services that
  423. we believe is inappropriate and inconsistent with generally accepted norms of behavior.
  424. </li>
  425. </ul>
  426. <p><strong>Sale or Transfer of Business or Assets.</strong> In the event that we, or any of our businesses,
  427. are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the
  428. event of an insolvency, bankruptcy or receivership, personally identifiable information of our visitors
  429. may be one of the assets sold or merged in connection with that transaction. Information about our
  430. visitors and registered users may also need to be disclosed in connection with a commercial transaction
  431. where we or any one of our businesses are seeking financing, investment, support or funding. In such
  432. transactions, personal information will be subject to the promises made in any pre-existing Privacy
  433. Policy in effect when the information was obtained.</p>
  434. <h3>III. ACCESS TO YOUR INFORMATION</h3>
  435. <p>If you have an online account with us, you also may choose to resign and deactivate your account at any
  436. time. Please visit (<a
  437. href="https://www.pushplay.com/support/cancel">https://www.pushplay.com/support/
  438. cancel</a>) for
  439. removal information for your particular product. After you close your account, you will not be able to
  440. sign in to our PushPlay Applications or access any of your personal information.
  441. However, you can
  442. open a new, separate account at any time or re-activate your previous account by logging in again. If
  443. for any reason you are concerned that the personal information you provided to us is not correct and you
  444. cannot change it by accessing your account, or should you wish to have your email address removed from
  445. our mailing list or contact information changed, please contact us at <a
  446. href="mailto:privacy@pushplay.com">privacy@pushplay.com</a>. We will
  447. be happy to
  448. review, update or remove information as appropriate. If you deactivate your account, we may still retain
  449. certain information associated with your account for analytical purposes and recordkeeping integrity, as
  450. well as to prevent fraud, resolve disputes, enforce our Terms of Use or other policies, take actions we
  451. deem necessary due to technical and legal requirements and constraints related to the security,
  452. integrity and operation of our PushPlay Applications. In addition, if certain
  453. information has
  454. already been provided to third parties as described in this Privacy Policy, retention of that
  455. information will be subject to those third parties' policies. We may still retain your information in
  456. our files however, to resolve disputes and enforce our Terms of Use.</p>
  457. <h3>IV. CHOICE AND OPT OUT</h3>
  458. <p>You may remove your information from our database so as not to receive future communications or to close
  459. your account or opt out of our sharing information with third parties for marketing purposes by emailing
  460. us at <a href="mailto:privacy@pushplay.com">privacy@pushplay.com</a> or
  461. sending snail mail
  462. (certified mail, return receipt requested is recommended) to the following address:</p>
  463. <p>
  464. Attention: Privacy
  465. </p>
  466. <p>If you prefer not to receive electronic promotional communications, you can opt-out by following the
  467. unsubscribe instructions included in each communication.</p>
  468. <p>Please note that changes may not be effective immediately. In each event, you must clearly indicate the
  469. information that you wish to have changed or clearly indicate that you wish to have your personally
  470. identifiable information removed from our database. We will endeavor to comply with your request as soon
  471. as reasonably possible. Note that despite any request for removal of or change to personally
  472. identifiable information, we may need to retain certain information for recordkeeping purposes and there
  473. may also be residual information that will remain within our databases and other records, which will not
  474. be removed or changed. Finally, we are not responsible for informing third parties (including without
  475. limitation our third party service providers or strategic partners) with whom we have already shared
  476. your personally identifiable information of any changes requested pursuant to this section, or for
  477. removing information from or causing information to be removed from the databases or records of such
  478. entities.</p>
  479. <p><strong>Your California Privacy Rights (As provided by California Civil Code Section 1798.83)</strong>
  480. </p>
  481. <p>California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to
  482. requests from California customers asking about the business' practices related to disclosing personal
  483. information to third parties for the third parties' direct marketing purposes. Alternately, such
  484. businesses may have in place a policy not to disclose personal information of customers to third parties
  485. for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of
  486. such information-sharing. We have such a policy in place. If you do not want us to send you emails
  487. regarding special promotions or offers or share your Personal Information with other companies so that
  488. they can send you emails about their products and services, simply follow the unsubscribe instructions
  489. that are located at the bottom of those emails or you can Update your email preference Settings by
  490. visiting <a
  491. href="https://www.pushplay.com/members/">https://www.pushplay.com/members/</a>,
  492. clicking the "My Account", then click the "Preferences" tab
  493. and uncheck the sharing of information to third parties, or (ii) Click the unsubscribe link in the body
  494. of the email. If you do not want us to send you any offers from third parties through direct mail or
  495. share your Personal Information with other companies so that they can send you direct mail offers about
  496. their products and services, please write to us at the street address set forth at the end of this
  497. document email us a privacy@pushplay.com. California customers may request further
  498. information
  499. about our approach to this law by writing to us at the addresses provided.</p>
  500. <h3>V. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION</h3>
  501. <p><strong>Links to other Site and Communities.</strong> To the extent hyperlinks may be utilized to access
  502. external or third party sites and communities, you should be aware that these external or third party
  503. site and communities are not controlled by us and, therefore, are not subject to this Privacy Policy. We
  504. recommend that you check the privacy policies of each such site and community to determine how your
  505. personal information will be utilized by their proprietors.</p>
  506. <p><strong>Security.</strong> We implement safeguards to help protect against the loss, misuse and
  507. alteration of information under our control. However, despite our efforts, no data transmission over the
  508. Internet, wireless transmission or electronic storage of information can be guaranteed to be 100%
  509. secure. Please note that we cannot ensure the security of any information you transmit to us, and your
  510. use of the Site indicates that you are willing to assume this risk.</p>
  511. <p><strong>A Note To International Users.</strong> If you are located anywhere outside of Barbados, please
  512. be aware that information we collect will be transferred to, processed and stored in and outside
  513. Barbados. The data protection laws in Barbados may differ from those of the country in which you are
  514. located, and your personal information may be subject to access requests from governments, courts, or
  515. law enforcement in Barbados according to laws of Barbados. By using the PushPlay
  516. Applications or
  517. providing us with any information, you consent to this transfer, processing and storage of your
  518. information in Barbados. You are also consenting to the application of Barbados law in all matters
  519. concerning the Site and this Privacy Policy.</p>
  520. <p><strong>Children's Privacy.</strong> The PushPlay Applications are not directed or
  521. intended for
  522. children under 13 years of age. We do not knowingly collect Personal Information from individuals under
  523. 13 years of age. If you are under 13 years of age, you should not register or provide Personal
  524. Information on the PushPlay Applications. If we later obtain actual knowledge that a
  525. user is
  526. under 13 years of age, we will take steps to remove that user's Personal Information from our systems.
  527. </p>
  528. <p><strong>Changes to the Privacy Policy.</strong> We may change this Privacy Policy from time to time. The
  529. most recent version of the Privacy Policy will always be posted on our Sites, with the "Effective Date"
  530. posted at the top of the Policy. We may revise and update this Privacy Policy if our practices change,
  531. as technology changes, or as we add new PushPlay Applications or Community Services
  532. or change
  533. existing ones. If we make any material changes to our Privacy Policy or how we handle your personal
  534. information, you will know because the Effective Date of the Privacy Policy will change. If we are going
  535. to use any personal information in a manner that is materially different from that stated in our Privacy
  536. Policy at the time we collected such information, we will give you a reasonable opportunity to consent
  537. to the change. If you do not consent, your personal information will be used as agreed to under the
  538. terms of the privacy policy in effect at the time we obtained that information. By accessing
  539. the PushPlay Applications after the Effective Date, you are deemed to consent to our
  540. then-current
  541. privacy policy. We will use information previously obtained in accordance with the privacy policy in
  542. effect when the information was obtained from you.</p>
  543. <p><strong>Disputes.</strong> If you choose to visit the PushPlay Applications your visit
  544. and any
  545. dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on
  546. damages, resolution of disputes, and application of the laws of Barbados.</p>
  547. <p><strong>No Rights of Third Parties.</strong> This Privacy Policy does not create rights enforceable by
  548. third parties or require disclosure of any personal information relating to users of the website.</p>
  549. <p><strong>Contacting Us.</strong> If you have any questions about this Privacy Policy, or the practices of
  550. the PushPlay Applications and Community Services, please send your email queries to
  551. <a href="mailto:privacy@pushplay.com">privacy@pushplay.com</a> or write
  552. to us at:</p>
  553. <p>
  554. Attention: Privacy Administrator
  555. </p>
  556. <p>Copyright &copy; 2017 Ltd. All rights
  557. reserved.</p>
  558. </div>
  559. <div class="modal-footer">
  560. <a class="button" aria-hidden="true" href="#close">OK</a>
  561. </div>
  562. </div>
  563. </div>
  564. <div class="modal" id="modal-terms" aria-hidden="true">
  565. <div class="modal-dialog">
  566. <div class="modal-header">
  567. <h2>Terms and Conditions of Use</h2>
  568. <a href="#close" class="btn-close" aria-hidden="true">×</a>
  569. </div>
  570. <div class="modal-body">
  571. <h3>Effective Date: July 17, 2012</h3>
  572. <h3>ACCEPTANCE OF TERMS OF SERVICE</h3>
  573. <p>These Terms of Use (the "Agreement" or "Terms") is an agreement between you
  574. and Ltd. ("PushPlay", "us", "our" or
  575. "we") which sets forth the
  576. legally binding terms for your use of the Site pushplay.com which is owned and operated
  577. by PushPlay, and any successor website ("Site"), and other interactive properties,
  578. including but not limited to any mobile applications accessing content from the Site (the Site
  579. and other PushPlay interactive properties are collectively referred to herein as
  580. the PushPlay Applications"). These Terms apply to the services, software, and
  581. applications the PushPlay Applications provide (collectively, "Service(s)"). By
  582. accessing
  583. the PushPlay Applications or using the Services you represent and warrant that you
  584. have
  585. the right, authority and capacity to enter into this Agreement and to abide by its Terms whether
  586. or not you become a subscriber to any PushPlay goods or services. This Agreement
  587. governs
  588. the acceptable use of the Services, content posted on the Site and User Content posted on the
  589. Communications Services, and your rights, obligations and restrictions regarding your use of the
  590. Services. Please see PushPlay's Privacy Policy found at <a
  591. href="https://www.pushplay.com/support/privacy">https://www.pushplay.com/support/privacy</a>, which is
  592. incorporated into these Terms by reference, for more information about how we collect, use, and
  593. share information about our members and visitors to our Site.</p>
  594. <p><strong>Updates to Terms.</strong> PushPlay reserves the right to update or change
  595. these
  596. Terms at any time by posting the most current version of the Terms on the Site with a new
  597. Effective Date shown. All such changes in the Terms shall be effective from the Effective Date.
  598. Your continued use of the PushPlay Applications after we post any changes to the
  599. Terms
  600. signifies your agreement to any such changes. If you do not agree to these Terms, you must
  601. discontinue using the PushPlay Applications and/or Services. Note that special terms
  602. or
  603. rules may apply to some services offered on the Site or PushPlay Applications, such
  604. as
  605. rules for particular promotions, applications or other features or activities. Any such terms
  606. are in addition to these Terms, and in the event of a conflict, will prevail over these Terms.
  607. </p>
  608. <p><strong>Electronic Form/Communications.</strong> By accessing the PushPlay
  609. Applications or
  610. Services, you consent to having this Agreement provided to you in electronic form and receiving
  611. communications from us electronically. We will communicate with you by e-mail or by posting
  612. notices on the Site. You agree that all agreements, notices, disclosures, and other
  613. communications we provide to you electronically satisfy any legal requirements that such
  614. communications be in writing.</p>
  615. <h3>TERM AND TERMINATION</h3>
  616. <p>This Agreement will remain in full force and effect while you use the Services. You may terminate
  617. your membership to any Service at any time, for any reason, by following the instructions on
  618. your "Account Settings" page or contacting customer service. PushPlay can suspend or
  619. terminate your access to the PushPlay Applications or Services, in whole or in part,
  620. at
  621. any time, immediately and without notice. All terms that by their nature may survive termination
  622. of this Agreement shall be deemed to survive such termination.</p>
  623. <h3>USE OF PushPlay APPLICATIONS</h3>
  624. <p><strong>Personal Use.</strong> The PushPlay Applications and the Services offered are
  625. intended for your personal, noncommercial use in accordance with these Terms. You agree that you
  626. will not, unless specifically permitted by us
  627. (i) copy, display or distribute any part of the PushPlay Applications, in any medium,
  628. without PushPlay 's prior written consent, or
  629. (ii) alter or modify any part of the PushPlay Applications other than as may be
  630. reasonably necessary to use the PushPlay Applications for their intended purpose. You
  631. further agree that you will not use any automated devices, such as spiders, robots or data
  632. mining techniques to catalog, download, store or otherwise reproduce, store or distribute
  633. content available on the PushPlay Applications, or to manipulate
  634. the PushPlay
  635. Applications or Services. You will take no action to interfere with, interrupt, destroy or limit
  636. the functionality of the PushPlay Applications or any computer software or hardware
  637. or
  638. telecommunications equipment. You may not use the PushPlay Applications or Services
  639. in
  640. any manner that could damage, disable, overburden, or impair any PushPlay server, or
  641. the
  642. network(s) connected to any PushPlay server, or interfere with any other party's use
  643. and
  644. enjoyment of any PushPlay Applications or Services. You may not attempt to gain
  645. unauthorized access to any PushPlay Applications or Services, other accounts,
  646. computer
  647. systems or networks connected to any PushPlay server or to any of
  648. the PushPlay
  649. Applications or Services, through hacking, cracking, distribution of counterfeit software,
  650. password mining or any other means. You may not obtain or attempt to obtain any materials or
  651. information through any means not intentionally made available through the PushPlay
  652. Applications or Services. You may not reverse engineer, decompile or disassemble any software
  653. accessed through PushPlay Applications or Services, including any proprietary
  654. communications protocol used by PushPlay. You are granted a limited, revocable, and
  655. nonexclusive right to create a hyperlink to the home page of the PushPlay
  656. Applications so
  657. long as the link does not portray PushPlay, or the Services in a false, misleading,
  658. derogatory, or otherwise offensive manner or express or imply any endorsement
  659. by PushPlay
  660. of the site from which you are linking. Further, the site from which you are linking to
  661. the PushPlay Applications must not contain any obscene, defamatory, pornographic,
  662. offensive or illegal content.</p>
  663. <p><strong>Modification to Services.</strong> PushPlay has the right to modify
  664. its PushPlay Applications and content at any time in its sole discretion. Your only
  665. right
  666. with respect to any dissatisfaction with any modifications made pursuant to this provision, or
  667. any policies or practices of PushPlay in providing its products, services, content or
  668. any
  669. Services is to cancel your membership as set forth herein. The Service, content and any other
  670. products and services offered or referred to on the PushPlay Applications are subject
  671. to
  672. the availability of such Service, products and services. Furthermore, the availability for
  673. purchase or rental of product types or individual products and the prices for sale, rental or
  674. for the Services are subject to change by PushPlay, in its sole discretion, at any
  675. time
  676. without notice.</p>
  677. <p><strong>Registration.</strong> Upon subscribing to any of our Services you will be asked to
  678. choose a password and a user/account name. You may not use a user/account name that is vulgar or
  679. otherwise offensive (as determined by PushPlay), infringes any trademark or other
  680. proprietary rights of others, or is used in any way that violates the Terms. You will only
  681. create one unique profile for the Services provided. PushPlay reserves the right to
  682. deny,
  683. in its sole discretion, any user access to the PushPlay Applications or Services
  684. without
  685. notice for any or no reason.</p>
  686. <p><strong>Accurate Information.</strong> For purposes of identification and billing, you agree to
  687. provide PushPlay with accurate, complete, and updated information required by the
  688. Site's
  689. membership registration ("Registration Information"), including your name, address, telephone
  690. number(s), and applicable payment information (e.g., credit card number, email address, and
  691. expiration date) and provide PushPlay and its third party payment processor express
  692. authorization to charge the applicable fees at the time of purchase or renewal. Failure to
  693. comply with this provision (including without limitation falsification of any Registration
  694. Information) may, at PushPlay's option, result in immediate suspension or termination
  695. of
  696. your right to use the Services. If you sign up for a premium membership or sign up for a free
  697. membership and purchase or rent a movie we will bill you for your online account using the
  698. billing information you provide (your "Billing Information") for the Services you select. You
  699. agree to pay PushPlay all charges at the prices then in effect for your use of the
  700. Service using your Billing Information, and any applicable taxes, and you
  701. authorize PushPlay to charge your chosen payment provider (your "Payment Card") for
  702. the
  703. Service you select. You agree to make payment using that selected Payment
  704. Card. PushPlay
  705. reserves the right to correct any errors or mistakes that it makes even if it has already
  706. requested or received payment and to update your information from available third party sources.
  707. All prices do not include Internet service provider, telephone, and other connection charges.
  708. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed
  709. amounts will be the responsibility of and paid for by you.</p>
  710. <p><strong>Verification of Registration.</strong> When you register and provide Billing Information
  711. and Payment Card PushPlay will verify that information. You
  712. authorize PushPlay to
  713. verify your Billing Information and Payment Card by placing a pending charge on your Payment
  714. Card when you register as a member, and prior to each subsequent periodic charge. Pending
  715. charges are temporary (typically three (3) to seven (7) days in length) and will not be
  716. converted into an actual charge to you. Pending charges will, however, reduce the available
  717. amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00), One
  718. (&euro;.00) Euro or One (&pound;1.00) Great British Pound per pending charge.</p>
  719. <p><strong>Membership.</strong> PushPlay provides two (2) types of memberships: when you
  720. register you on the Site you automatically join a free (default) membership which provides you
  721. with access to movies for sale and rental. You may also select a premium membership which
  722. provides you unlimited access to the movies we have in our library. If you choose a free
  723. membership, you will not be charged recurring fees and your Billing Information will be kept on
  724. file and you will only charged for movie purchases and rentals you select. If you choose to
  725. upgrade to our premium membership, your Payment Card will be charged for the term and rate you
  726. selected and the term you select will be automatically renewed and your Payment Card will be
  727. charged automatically on a recurring basis at the end of the term you selected until you cancel
  728. your membership. By selecting a premium membership, you agree and authorize PushPlay
  729. or
  730. its agent to charge your Payment Card the periodic premium membership fee (plus applicable
  731. taxes) corresponding to the premium membership plan you have selected (e.g.: 30 day, 90-day,
  732. 180-day Term) each term anniversary date of that premium plan, until your PushPlay
  733. premium
  734. membership is terminated or cancelled as provided herein. You will not be provided with copies
  735. of charge slips evidencing the recurring charges of the applicable periodic premium membership
  736. fee. You agree to pay the applicable premium membership fees (plus applicable taxes) in
  737. accordance with your Payment Card issuer agreement. You also authorize PushPlay to
  738. charge
  739. your Payment Card for any other charges you may incur associated with your PushPlay
  740. membership. YOU WILL NEED A MODERN COMPUTER WITH FLASH MEDIA PLAYER TO BE ABLE TO STREAM MOVIES.
  741. MOVIE AVAILABILITY VARIES BY TERRITORY DUE TO LICENSING RESTRICTIONS.</p>
  742. <p><strong>Security of Username and Password.</strong> You are entirely responsible for maintaining
  743. the confidentiality of your password and account. Furthermore, you are entirely responsible for
  744. any and all activities that occur under your account. You agree to notify PushPlay
  745. immediately of any unauthorized use or theft of your account or any other breach of security
  746. (and to provide properly documented evidence as reasonably requested by PushPlay). We
  747. will not be liable for any loss that you may incur as a result of someone else using your
  748. password or account, either with or without your knowledge. However, you will be liable for
  749. losses incurred by PushPlay or another party due to someone else using your account
  750. or
  751. password. You may not use anyone else's account at any time.</p>
  752. <p><strong>Unauthorized Use.</strong> You agree to promptly update your Registration Information in
  753. the event of any known or suspected unauthorized use of your membership, or any known or
  754. suspected breach of security, including loss, theft, or unauthorized disclosure of your password
  755. or credit card information. In the event of a breach of security, you will remain liable for any
  756. unauthorized use of your membership until you update your Registration Information. If your
  757. credit card expires, is canceled, is lost or is subject to use without your authorization, or if
  758. your membership is subject to use without your authorization, update your Registration
  759. Information.</p>
  760. <p><strong>Account Updates.</strong> It is your responsibility to promptly
  761. provide PushPlay
  762. with any contact or billing information changes or updates (including phone number, email
  763. address, physical address, credit card numbers, etc.). Account updates should be made online via
  764. the "Account" section, once you have logged into the Service. You must promptly
  765. notify PushPlay if your Payment Card is canceled (e.g., for loss or theft) or if you
  766. become aware of a potential breach of security, such as the unauthorized disclosure or use of
  767. your user name or password. Account updates should be made online via the "Account" section,
  768. once you have logged into the Service. If you fail to provide PushPlay any of the
  769. foregoing information, you agree that PushPlay may continue charging you for any use
  770. of
  771. the Service using the Billing Information you provided unless PushPlay has evidence
  772. that
  773. you have terminated your membership to the Service. If your Payment Card reaches its original
  774. expiration date, your failure to cancel your PushPlay membership shall constitute
  775. authorization for PushPlay to continue billing that Payment Card.</p>
  776. <p><strong>Payment Card.</strong> The terms of your payment will be based on your Payment Card and
  777. may be determined by agreements between you and the financial institution, credit card issuer or
  778. other provider of your chosen Payment Card (the "Payment Card Provider"). If PushPlay
  779. does
  780. not receive payment from your Payment Card Provider, PushPlay reserves the right to
  781. bill
  782. you and you agree to pay all amounts due on your Billing Information upon demand.</p>
  783. <p><strong>Free Trials.</strong> From time to time, PushPlay may offer a free trial
  784. period
  785. for the Service to first-time customers. Unless otherwise specified, this offer is limited to
  786. one (1) free trial subscription per person and/or email address. When such an offer is made, at
  787. the time of registration for your free trial, your Payment Card will be authorized but your
  788. Payment Card will not be charged until the expiration of the free trial period unless you accept
  789. another offer during your free trial as stated on any offer page. Other terms of free trial
  790. offers, including the duration of the free trial, may vary. Specific details of your free trial
  791. not covered in these Terms will be explained on the web page you will be directed to prior to
  792. beginning the membership process or as part of the membership process. Your trial period begins
  793. on the day you sign up for the Service, not the day you first access or download Content.</p>
  794. <p>UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR PREMIUM MEMBERSHIP SUBSCRIPTION WILL RENEW
  795. AUTOMATICALLY UNDER THE ONE (1) MONTH (30 DAY) PREMIUM MEMBERSHIP PLAN, REGARDLESS OF THE LENGTH
  796. OF YOUR FREE TRIAL PERIOD. The first (1st) day following the expiration of your free trial
  797. period will be your anniversary date for billing purposes during your Membership Term. Your
  798. Payment Card will be charged the recurring monthly membership fees and any applicable sales tax
  799. on the day following the expiration of your free trial period, unless you have chosen to cancel
  800. your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR
  801. SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD.
  802. Please note the expiration date of your free trial period for your records.</p>
  803. <p>During the free trial period, you will receive the benefits of the premium membership Service at
  804. no charge. Membership may be cancelled or modified at any time prior to the end of your free
  805. trial period by calling toll-free at <span class="number">1-877-800-1958</span> for
  806. the U.S.A. and Canada
  807. or <span class="number">+00 1 (514) 448-6340</span> for international members,
  808. seven (7) days per week from 7:00AM to 9:00PM, Eastern Standard Time. Alternatively, you can go
  809. to https://www.pushplay.com/support/ and cancel your membership online. Any plan changes
  810. made
  811. to your account prior to the end of your free trial period will nullify the remainder of your
  812. free trial period and you will be charged for the new plan you have selected.</p>
  813. <p><strong>Promotional Offers.</strong> From time to time, PushPlay may offer a reduced
  814. membership fees for the Service for a specified promotional period, to first-time or other
  815. selected customers. If you are taking advantage of an introductory promotional offer for new
  816. customers, at the time of registration for the Service, your Payment Card will be charged the
  817. promotional price plus applicable taxes for the promotional period. For all promotional offers,
  818. you agree that any such reduced price is only valid for the specified promotional period, and
  819. that the regular applicable periodic membership fees plus applicable taxes will be charged to
  820. your Payment Card for each automatic renewal following the end of the promotional period. Terms
  821. of the promotional offer, including the promotional price and the duration of the promotional
  822. price, may vary from time to time. The details of any offer not covered in these Terms will be
  823. explained on the web page you will be directed to prior to beginning the membership process or
  824. as part of the membership registration/selection process.</p>
  825. <p><strong>Change in Fees.</strong> If the amount to be charged to your Billing Information varies
  826. from the current rate set forth in your initial offer due to an increase in our current rates
  827. (other than due to the imposition or change in the amount of state sales
  828. taxes), PushPlay
  829. shall provide notice of the amount to be charged and the date of the charge at least 30 days
  830. before the scheduled date of the transaction.</p>
  831. <p><strong>Cancelation.</strong> The initial periodic PushPlay premium membership fee is
  832. valid for an initial membership period starting on the date your paid premium membership begins
  833. and continuing through the periodic anniversary date. For example, if you are on a free trial
  834. membership and your free trial expires on June 17 and your paid PushPlay membership
  835. begins on June 18, your initial premium membership fee entitles you to PushPlay
  836. premium
  837. benefits until July 18 and your Payment Card will be charged on July 18 (the anniversary date)
  838. for the period of July 18 through August 18. You can cancel your PushPlay premium
  839. membership at any time and you will not be charged for the subsequent renewal terms. For
  840. example, if your anniversary date is the fifth (5th) of each month and you cancel your premium
  841. membership on October 20, then you will not be charged on November 5 (for the November 5 to
  842. December 5 period) and your PushPlay premium membership will terminate on November 5.
  843. </p>
  844. <p>To cancel your membership, simply call toll-free at
  845. <span class="number">1-877-800-1958</span> for the U.S.A. and Canada
  846. or <span class="number">+00 1 (514) 448-6340</span> for international members,
  847. seven (7) days per week from 7:00AM to 9:00PM , Atlantic Standard Time. When you cancel your membership,
  848. you will be required
  849. to provide PushPlay with certain information regarding your reason for cancellation.
  850. Alternatively, you can go to https://www.pushplay.com/support/ and
  851. cancel your membership online.</p>
  852. <p><strong>CANCELLATION RIGHTS.</strong> NOTWITHSTANDING THE FOREGOING, YOU HAVE THE RIGHT TO CANCEL
  853. YOUR SUBSCRIPTION WITHOUT OBLIGATION WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU BECOME A MEMBER
  854. ("THREE DAY RIGHT TO CANCEL").
  855. <p><strong>Refund Policy.</strong> THERE ARE NO REFUNDS FOR ANY TIME PERIOD (OR PORTIONS THEREOF)
  856. ALREADY BILLED OR PAID FOR WITH THE EXCEPTION OF THE THREE DAY RIGHT TO CANCEL REFERENCED ABOVE.
  857. All cancellations must be made by telephone at <span class="number">1-877-800-1958</span> for the U.S.A. and
  858. Canada
  859. or <span class="number">+00 1 (514) 448-6340</span> for international members,
  860. seven (7) days a week, from 8:00AM to 10:00PM , Atlantic Time, or by email to support@pushplay.com, or online
  861. at https://www.pushplay.com/support/ by clicking the "Cancel" button
  862. and following the instructions. For additional questions or concerns, please contact our support
  863. team at https://www.pushplay.com/support/.
  864. <p><strong>Security.</strong> PushPlay has implemented commercially reasonable technical
  865. and
  866. organizational measures designed to secure your personal information from accidental loss and
  867. from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that
  868. unauthorized third parties will never be able to defeat those measures or use your personal
  869. information for improper purposes. You acknowledge that you provide your personal information at
  870. your own risk.
  871. <h3>PROPRIETARY RIGHTS</h3>
  872. <p>The Services and all material published on the PushPlay Applications, including, but
  873. not
  874. limited to text, photographs, video, text, graphics, music, images, animations, audio, text,
  875. "applets" incorporated into the software data) sounds, messages, comments, ratings, movies and
  876. other materials on the PushPlay Applications (together "Content") is owned
  877. by PushPlay or its licensors and is protected by laws governing copyrights patents,
  878. trademarks, trade secrets and/or other proprietary rights. PushPlay owns a copyright
  879. in
  880. the selection, coordination, arrangement and enhancement of such content and a copyright in
  881. the PushPlay Applications. All trademarks, service marks, trade names, and trade
  882. dress
  883. appearing on the Sites ("Marks") are proprietary to PushPlay and/or our licensors or
  884. licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell,
  885. create derivative works of, or in any way exploit, any of the Marks, the
  886. Content, PushPlay Applications or the Services, in whole or in part,
  887. without PushPlay's prior written consent. You may download Content for your personal,
  888. non-commercial use only as provided in these Terms, or as may be otherwise permitted
  889. by PushPlay from time to time, provided that do not alter any such Content and you
  890. keep
  891. intact all copyright and other proprietary notices and you do not use the Content in any way
  892. that would express or imply an association between you and the products and services
  893. of PushPlay or any third party. You acknowledge that you do not acquire any ownership
  894. rights in any Content downloaded from PushPlay Applications. Copying or storing of
  895. Content for other than personal use is expressly prohibited without prior permission from us or
  896. the owner of the Content. You may not frame or utilize framing techniques to enclose any
  897. trademark, logo, or other proprietary information (including images, text, page layout, or form)
  898. of PushPlay without express written consent. You may not use any Meta tags or any
  899. other
  900. "hidden text" utilizing PushPlay's name or trademarks without the express written
  901. consent
  902. of PushPlay. You may not use any PushPlay logo or other
  903. proprietary graphic or
  904. trademark as part of the link without express written permission. Any uses not permitted by
  905. these Term automatically terminates all permissions or licenses granted by PushPlay
  906. in
  907. these Terms.</p>
  908. <p><strong>License to Content.</strong> Membership includes access to (A) video content offerings in
  909. which you pay a specific fee to have the right to view such video content for a limited
  910. specified time period (the "Rental Content"), and (B) video content offerings (which may be
  911. labeled "buy download" on the Site) in which you pay a specific fee to have the right to view
  912. such video content for an unlimited number of times (the "Retained Content").</p>
  913. <p><strong>License to Rental Content.</strong> Membership includes a license to view either
  914. unlimited Rental Content through the Service for the applicable term or individual videos for
  915. the applicable fee (the "License Fee") disclosed at the time of selection. Payment for such
  916. Content may be made through the Payment Card provided upon registration. Upon payment of the
  917. applicable License Fee, PushPlay will grant you a non-exclusive, non-transferable,
  918. limited right and license to privately view and use the display in your Residence (as defined
  919. herein below) or for Permitted Non-Residential Use (as defined herein below), the Rental Content
  920. purchased by you, by way of one (1) computer (or other device specifically authorized
  921. by PushPlay connected to the Service over the Internet, provided that you comply
  922. fully
  923. with these Terms. PushPlay will save the Rental Content to your hard drive. You shall
  924. not be permitted to copy or move the Rental Content from its originally stored location on your
  925. hard drive. The initial license to the Rental Content is limited in its term and duration to
  926. thirty (30) days from its original date and time of download or twenty-four (24) hours from the
  927. start of its initial display and viewing, whichever occurs first, unless otherwise specified as
  928. being limited to a shorter term at the time of purchase. In some cases, to the extent specified
  929. on the Site, you may be permitted to purchase licenses for one (1) or more additional
  930. twenty-four (24) hour viewing periods for a particular item of Rental Content. If you purchase
  931. an additional license for such Rental Content (to the extent such additional license is
  932. available), you will be granted an additional viewing period of twenty-four (24) hours from the
  933. start of its display and viewing. You understand and agree that you will not be able to access
  934. and view such Rental Content upon expiration of the license term. For purposes of these Terms,
  935. the following definitions will apply: </p>
  936. <ul>
  937. <li>(i) "Residence" shall mean a private, residential dwelling unit or a private one (1) person
  938. individual office unit, but excluding hotel rooms, motel rooms, hospital patient rooms,
  939. restaurants, bars, prisons, barracks, drilling rigs and all other structures, institutions
  940. or places of transient or work-related residence as well as places, areas, structures, rooms
  941. or offices which are common areas or open to the public or to occupiers of separate
  942. Residences or for which an admission fee is charged;
  943. </li>
  944. <li>(ii) "Permitted Non-Residential Use" shall mean the private viewing by one (1) or more
  945. persons on a video monitor (desktop, television monitor, laptop, hand-held device or
  946. otherwise) in a Non-Residential Venue (as defined herein below); provided, however, that any
  947. such viewing for which an access fee or other admission charge is imposed (other than any
  948. fee related only to access such Non-Residential Venue for other general purposes) or any
  949. such viewing that is on a monitor provided by such Non Residential Venue (or by a third
  950. party under any agreement or arrangement with such Non Residential Venue) for display of
  951. programming in a common area shall not constitute a Permitted Non-Residential Use; and
  952. </li>
  953. <li>(iii) "Non-Residential Venue" shall mean any place, area, structure or room other than a
  954. Residence. PushPlay reserves the right to pursue all rights, remedies and
  955. recourses,
  956. and claim all damages against any person for the unauthorized use of the Service.
  957. </li>
  958. </ul>
  959. <p><strong>License to Retained Content.</strong> Membership includes access to license the right to
  960. view Retained Content through the Service for individual videos for the applicable fee (the
  961. "License Fee") disclosed at the time of selection. Upon payment of the applicable License
  962. Fee, PushPlay will grant you a non-exclusive, non-transferable, limited right and
  963. license
  964. under copyright to create and retain a single permanent copy of the Retained Content on the hard
  965. drive of your personal computer (or other device specifically authorized by PushPlay)
  966. and
  967. to view, use and privately display in your Residence or for Permitted Non-Residential Use, the
  968. Retained Content purchased by you. Notwithstanding the foregoing, you are expressly prohibited
  969. from making or retaining any copy of the Retained Content that could be transferred or viewed on
  970. a device other than your personal computer, including by way of example and not limitation, DVD
  971. copies playable on a traditional DVD player, copies stored on USB or Flash memory drives or
  972. other forms of back-up drives, copies on digital media players, copies on smart phones, copies
  973. on tablets, or otherwise. You are also expressly prohibited from storing your permanent copy of
  974. the Retained Content on any cloud storage or online back-up storage system (e.g. Dropbox,
  975. iCloud, etc.). PushPlay may determine from time-to-time, in its sole discretion,
  976. those
  977. devices that are compatible to receive a license to view the Retained Content. Any rights
  978. granted to you hereunder (or on the Site at the time of purchase) to make and keep any copies of
  979. the Retained Content is solely an accommodation to you and shall not constitute a grant or
  980. waiver (or other limitation or implication) of any rights of the copyright owners in any audio
  981. or video content contained within any Retained Content. You are solely responsible for retaining
  982. your permanent copy of the Retained Content. If the Retained Content that you purchase does not
  983. download and play correctly, please contact Customer Service
  984. at https://www.pushplay.com/support/ and we will endeavor to resolve the problem. Once you
  985. have successfully downloaded a copy of the Retained Content, PushPlay will not
  986. replace
  987. the Retained Content if you are unable to play it or if you lose the Retained Content, including
  988. if the file becomes damaged or corrupt, your computer crashes, your hard drive fails or the
  989. Retained Content does not play for any other reason.</p>
  990. <p><strong>RSS Feeds.</strong> Really Simple Syndication ("RSS") feeds are provided as a quick and
  991. easy way for you to distribute information from the PushPlay Applications or from
  992. your PushPlay account. RSS feeds are accessible through an XML-based URL that can be
  993. accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information
  994. about your PushPlay account (Queue, Movie Ratings and Rental Activity) is at your own
  995. discretion. If you use personal RSS feeds, you consent that the information in the feeds will be
  996. transferred to the location in which you enable the RSS feed. PushPlay will not pass
  997. any
  998. personally identifiable information in your feed. However, your use of an RSS feed may cause
  999. personally identifiable information that is associated with the RSS feed to be associated with
  1000. you. You acknowledge that your use of an RSS feed and any personally identifiable information
  1001. associated with it is at your sole discretion and risk. Use of the PushPlay RSS feeds
  1002. is
  1003. for non-commercial, personal use and whether or not you use an RSS feed is entirely at your
  1004. discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution
  1005. to PushPlay, you may not remove the attribution. PushPlay provides
  1006. no warranty
  1007. regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time
  1008. without notice. PushPlay is not responsible for any loss or damage incurred by you or
  1009. anyone else due to your use of an RSS feed.</p>
  1010. <p><strong>No Other License Granted.</strong> Except for allowing you to use the PushPlay
  1011. Applications and Service for your personal use as set forth in this section above, when you use
  1012. the PushPlay Applications or Service, or access the Rental Content or Retained
  1013. Content
  1014. you are not receiving a license or any other rights from PushPlay, including
  1015. intellectual
  1016. property or other proprietary rights of PushPlay and you agree and acknowledge that
  1017. you
  1018. shall not acquire any ownership rights by downloading any content from the Service, and the
  1019. license granted to you as set forth in these Terms does not transfer or grant any ownership
  1020. rights to you, nor act as waiver any rights of PushPlay, its licensors or the
  1021. copyright
  1022. owners with respect to any content. You may not re-sell, re-distribute, sublicense or otherwise
  1023. transfer any right or license in the content, or use the content in any manner other than as set
  1024. forth above. Any additional usage rules set forth on the PushPlay Applications shall
  1025. become part of, and are incorporated into, these Terms.</p>
  1026. <h3>USER SUBMISSIONS</h3>
  1027. <p><strong>Communication Services.</strong> The Services may contain e-mail services, chat areas
  1028. and/or other message, communication or other mechanisms designed to enable you to communicate
  1029. with others or to post content on the PushPlay Applications (the "Communication
  1030. Services"). All such communications, information and content, as well as user names, profiles or
  1031. similar materials you submit, post, upload, embed, display or communicate (collectively,
  1032. "Distribute") is referred to as "User Content." You agree to use the Communication Services only
  1033. to Distribute User Content that conforms to these Terms, including the Posting Requirements set
  1034. forth below, and, when applicable, is related to the particular Communication Service.</p>
  1035. <p><strong>Removal.</strong> PushPlay has no obligation to monitor the User Content.
  1036. However, PushPlay reserves the right to review materials posted to the Communication
  1037. Services and to remove any User Content at any time, without notice, for any reason and in its
  1038. sole discretion. PushPlay specifically disclaims any liability with regard to the
  1039. User
  1040. Content and any actions resulting from your participation in any Communication
  1041. Services. PushPlay representatives may monitor your User Content on
  1042. the PushPlay
  1043. Applications but we cannot monitor all of the User Content on the PushPlay
  1044. Applications,
  1045. and we do not attempt to do so. If you encounter something you find objectionable and in
  1046. violation of these Terms, you can report it to support@pushplay.com.</p>
  1047. <p><strong>License and Warranties.</strong> By using the Communication Services and submitting User
  1048. Content to the PushPlay Applications, you grant to PushPlay, and
  1049. its successors in
  1050. business and assigns, employees, licensees, agents, representatives and other authorized users
  1051. of the PushPlay Applications, a perpetual, worldwide, royalty-free, and non-exclusive
  1052. license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works
  1053. from and market and promote the User Content, for any commercial purposes, and in any medium now
  1054. existing or hereinafter developed, and to use your user name and any personal information you
  1055. submit with or contained within the User Content, without your prior approval or the payment of
  1056. any compensation and without notice. You also grant each user of the PushPlay
  1057. Applications
  1058. a non-exclusive license to access your User Content as permitted through the functionality of
  1059. the PushPlay Applications and under these Terms. To the extent permitted by
  1060. applicable
  1061. laws, you hereby waive any moral rights you may have in the User Content you submit.</p>
  1062. <p><strong>No Confidentiality.</strong> You acknowledge and agree that your communications via the
  1063. Communications Services are public and not private communications, and that you have no
  1064. expectation of privacy concerning your use of these Communications Services or your User
  1065. Content. You acknowledge that personal information that you communicate on the Communications
  1066. Services may be seen and used by PushPlay and others and result in unsolicited
  1067. communications; therefore, we strongly encourage you not to disclose any personal information
  1068. about yourself in your public communications on our Services. PushPlay is not
  1069. responsible for information that you choose to communicate to other users via the Communications
  1070. Services, or for the actions of other users. All User Content must comply with User
  1071. Requirements.</p>
  1072. <p><strong> Requirements.</strong> You agree that you may not access or use the Services and/or
  1073. related Communication Services, in order to:</p>
  1074. <ul>
  1075. <li>Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk
  1076. email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  1077. </li>
  1078. <li>Publish, post, upload, transmit, distribute or disseminate content that is illegal, harmful,
  1079. abusive, threatening, vulgar, sexually explicit, defamatory, obscene, embarrassing,
  1080. unwanted, hateful or racially, ethnically or, in a reasonable person's view, otherwise
  1081. offensive or objectionable or encourage others to do so.
  1082. </li>
  1083. <li>Use, upload, transmit, distribute or otherwise make available any material or information,
  1084. which contain any materials that could infringe any copyright, trademark, patent, trade
  1085. secret, publicity or privacy right or any other proprietary right or disclose any trade
  1086. secret of or violate any confidential obligation of any person or entity unless you have
  1087. first received permission from the owner of those rights to use the materials in this
  1088. manner.
  1089. </li>
  1090. <li>Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
  1091. files or data, or any other similar software or programs that may damage the operation of
  1092. the PushPlay Applications or Services or other users' computers.
  1093. </li>
  1094. <li>Except as expressly authorized by PushPlay, advertise or offer to sell or buy any
  1095. goods or services for any purpose, unless the Services specifically allow such messages.
  1096. </li>
  1097. <li>Falsify, delete or disable any copyright management information, such as author
  1098. attributions, legal or other proper notices or proprietary designations or labels of the
  1099. origin or source of software or other material contained in a file that is uploaded.
  1100. </li>
  1101. <li>Impersonate or create a false identity (such as a celebrity or PushPlay
  1102. representative) for the purpose of misleading others.
  1103. </li>
  1104. <li>Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity
  1105. any directory of users of such Services or other user or usage information or any portion
  1106. thereof.
  1107. </li>
  1108. <li>Improperly use support or complaint buttons or make false reports to PushPlay
  1109. administrators.
  1110. </li>
  1111. <li>Use, develop or distribute "auto" software programs, "macro" software programs or other
  1112. "cheat utility" software program or applications.
  1113. </li>
  1114. <li>Use a bulletin board or other Communications Service in any manner other than for personal
  1115. communication as an individual user (i.e. not as a corporation or other entity).
  1116. </li>
  1117. <li>Use the Services for fraudulent transactions.</li>
  1118. <li>Sell, buy, or transfer access to your account.</li>
  1119. <li>Exploit, distribute or publicly communicate any error, miscue or bug which gives an
  1120. unintended advantage.
  1121. </li>
  1122. </ul>
  1123. <h3>YOUR OBLIGATIONS</h3>
  1124. <p>In using this Site you agree that you will not:</p>
  1125. <ul>
  1126. <li>(i) post, disseminate or transmit unauthorized advertising, promotional materials, chain
  1127. letters, junk mail or any other type of unsolicited mass email to people or entities who
  1128. have not agreed to be part of such mailings;
  1129. </li>
  1130. <li>(ii) omit, delete, forge or misrepresent transmission information, including headers, return
  1131. mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the
  1132. origin of any content;
  1133. </li>
  1134. <li>(iii) impersonate any person or entity, or falsely state or otherwise misrepresent an
  1135. affiliation with any person or entity;
  1136. </li>
  1137. <li>(iv) engage in any activities intended to withhold or cloak identity or contact
  1138. information;
  1139. </li>
  1140. <li>(v) post excessive responses to interactive features or functions of this Site;</li>
  1141. <li>(vi) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of e
  1142. mail repeatedly to the same e mail address;
  1143. </li>
  1144. <li>(vii) use the Site for any illegal purpose, in violation of any applicable laws or
  1145. regulations;
  1146. </li>
  1147. <li>(viii) publish web pages that contain links that initiate downloads of copyright-infringing
  1148. or other illegal material;
  1149. </li>
  1150. <li>(ix) electronically stalk or otherwise electronically harass another;</li>
  1151. <li>(x) engage in any Internet activities that would violate the personal privacy rights of
  1152. others, including but not limited to, collecting and distributing information about Internet
  1153. users without their permission, except as permitted by applicable law;
  1154. </li>
  1155. <li>(xi) post, disseminate or transmit any worm, viruses or other harmful, disruptive or
  1156. destructive files, code or programs on this Site;
  1157. </li>
  1158. <li>(xii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by
  1159. connecting to an IRC network and running an unreasonable number of hours per day;
  1160. </li>
  1161. <li>(xiii) hinder the ability of others to use IRC;</li>
  1162. <li>(xiv) disrupt the normal flow on this Site or otherwise act in a manner that negatively
  1163. affects other users' ability to engage in real time exchanges
  1164. </li>
  1165. <li>(xv) interfere with, disrupt, or harm in any way the servers or networks connected to this
  1166. Site;
  1167. </li>
  1168. <li>(xvi) use this Site to access the accounts of others without permission;</li>
  1169. <li>(xvii) attempt to penetrate security measures of this Site or of another entity, or obtain
  1170. or bypass others passwords; or
  1171. </li>
  1172. <li>(xviii) engage in denial of service attacks, i.e., actions designed to impair network access
  1173. by flooding a site or the Internet with useless traffic;
  1174. </li>
  1175. <li>(xix) attempt and will not assist or encourage anyone else to alter or change the software
  1176. or any application related to the Service, or
  1177. </li>
  1178. <li>(xx) use the Service or download Content for any commercial purpose. If you violate these
  1179. Terms PushPlay may, at its sole discretion, suspend or terminate your account,
  1180. and
  1181. terminate your access to the Service, with or without notice to you; in such case you agree
  1182. to destroy any copy of Content that you have in your possession and PushPlay may,
  1183. in
  1184. its sole discretion, pursue any other available rights or remedies at law or in equity for a
  1185. violation of these Terms or its (or its licensors') rights under law.
  1186. </li>
  1187. </ul>
  1188. <h3>GENERAL</h3>
  1189. <p><strong>Age Requirements.</strong> You represent and warrant that you are at least eighteen (18)
  1190. years old and that you possess the legal right and ability to enter into this Agreement and to
  1191. use the PushPlay Applications and Services in accordance with these Terms. If we have
  1192. any
  1193. reason to believe you are not 18 or older we may terminate your access to
  1194. the PushPlay
  1195. Application and Services.</p>
  1196. <p><strong>Communications from PushPlay.</strong> By registering
  1197. for PushPlay, you
  1198. will receive online communications from PushPlay. You may also receive electronic
  1199. communications from PushPlay pertaining to accessing our Service for gifts sent to
  1200. you by
  1201. others. In either case, to unsubscribe from any PushPlay email list, simply click on
  1202. the
  1203. "Unsubscribe" link at the bottom of the email and your name will be removed from that mailing
  1204. list. You may also indicate your privacy preferences by going to "My Account" and clicking
  1205. "Edit/Settings" and "Preferences". To see how we use your personal information go to our privacy
  1206. policy at <a
  1207. href="https://www.pushplay.com/support/privacy">https://www.pushplay.com/support/
  1208. privacy</a>.
  1209. </p>
  1210. <p><strong>Links.</strong> You may be able to access other websites or resources through links on
  1211. the Site. Because PushPlay has no control over such sites and resources, you
  1212. acknowledge
  1213. and agree PushPlay is not responsible for the availability of such external sites or
  1214. resources, and does not endorse and is not responsible or liable for any content, advertising,
  1215. products or other materials or available from such sites or resources nor
  1216. does PushPlay
  1217. endorse any such sites or the products or services assessable on such sites. You further
  1218. acknowledge and agree that PushPlay shall not be responsible or liable, directly or
  1219. indirectly, for any damage or loss caused or alleged to be caused by or in connection with use
  1220. of or reliance on any such content, goods or services available on or through any such site or
  1221. resource.</p>
  1222. <p><strong>Unsolicited Submission Policy.</strong> PushPlay does not accept, by any means
  1223. of
  1224. transmission, any unsolicited submissions, in any form whatsoever including, without limitation,
  1225. any marketing, advertising and/or creative suggestions, scripts, lyrics, jingles, product
  1226. samples, prototypes, movies and/or games (hereinafter referred to as "Submissions"). If you
  1227. elect to forward to us any such Submission, then by doing so, you acknowledge that said
  1228. Submission has not been requested by us and that </p>
  1229. <ul>
  1230. <li>(1) we are not liable for any use, disclosure and will not return your Submission to you,
  1231. </li>
  1232. <li>(2) no confidential relationship is established or is to be implied in any way from our
  1233. receipt of the Submission and any statement to the contrary with your Submission shall not
  1234. alter this condition,
  1235. </li>
  1236. <li>(3) you understand that you will not be entitled to any compensation from us based upon your
  1237. Submission,
  1238. </li>
  1239. <li>(4) the receipt of your Submission shall not constitute a waiver by us of our rights to
  1240. contest the validity of any copyright, or other intellectual property rights that you may
  1241. now or hereafter claim for the Submission, and
  1242. </li>
  1243. <li>(5) any previously, concurrently or subsequently submitted materials relating to this
  1244. Submission shall be considered to have been submitted in accordance with these conditions.
  1245. </li>
  1246. </ul>
  1247. <h3>LEGAL NOTICES</h3>
  1248. <p><strong>Disclaimer of Warranties.</strong> YOU UNDERSTAND THAT YOUR USE OF
  1249. THE PushPlay
  1250. APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR
  1251. COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING PushPlay APPLICATIONS AND
  1252. SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE PushPlay APPLICATIONS AND
  1253. SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO
  1254. CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PushPlay MAKES NO
  1255. WARRANTY
  1256. THAT THE PushPlay APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
  1257. ERROR-FREE. YOU UNDERSTAND THAT PushPlay DOES NOT WARRANT THAT THE RESULTS OBTAINED
  1258. FROM
  1259. YOUR USE OF THE PushPlay APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO
  1260. WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH
  1261. IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN
  1262. THE PushPlay APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND
  1263. EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PushPlay APPLICATIONS AND
  1264. SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PushPlay DISCLAIMS ALL
  1265. REPRESENTATIONS,
  1266. WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
  1267. NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
  1268. AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PushPlay APPLICATIONS AND
  1269. SERVICES.
  1270. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE PushPlay APPLICATIONS, OR
  1271. OBTAINED
  1272. FROM A WEBSITE TO WHICH THE PushPlay APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS
  1273. IS"
  1274. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
  1275. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE,
  1276. NON-INFRINGEMENT, SECURITY OR ACCURACY. PushPlay DOES NOT ENDORSE AND IS NOT
  1277. RESPONSIBLE
  1278. FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE PushPlay
  1279. APPLICATIONS
  1280. OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MS BE LIABLE FOR ANY
  1281. LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PushPlay
  1282. APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM
  1283. THE PushPlay APPLICATIONS OR A LINKED SITE.</p>
  1284. <p><strong>Liability Limitation.</strong> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
  1285. EVENT WILL PushPlay OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING
  1286. CLAIMS
  1287. THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT,
  1288. SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS,
  1289. DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
  1290. UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING
  1291. OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR
  1292. NON-PERFORMANCE OF THE PushPlay APPLICATIONS OR THE SERVICES, EVEN
  1293. IF PushPlay HAS
  1294. BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN
  1295. CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR
  1296. MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO
  1297. THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO
  1298. CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN
  1299. PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR
  1300. OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE CONTENT OR FEATURES OF OUR SERVICES IN ANY
  1301. WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR
  1302. LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
  1303. THEN PushPlay'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR
  1304. LIABILITIES SHALL NOT EXCEED $20. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION
  1305. AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.</p>
  1306. <p><strong>Indemnity/Release.</strong> You understand that you are personally responsible for your
  1307. behavior while accessing the PushPlay Applications or using the Services and agree to
  1308. indemnify and hold PushPlay, and its affiliates, business partners, distributors,
  1309. agents,
  1310. representatives and other authorized users, and their respective officers, directors, employees,
  1311. and agents (collectively, the "Indemnified Parties"), harmless from and against any loss,
  1312. damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified
  1313. Parties may incur in connection with any claim arising out of or related to your use of
  1314. the PushPlay Applications or Services or your violation of either these Terms,
  1315. applicable
  1316. law or the rights of any third party.</p>
  1317. <p><strong><i>If you are a California resident and in connection with the foregoing release, you
  1318. hereby waive California Civil Code Section 1542 (and any similar provision in any other
  1319. jurisdiction) which states: "A general release does not extend to claims which the
  1320. creditor does not know or suspect to exist in his favor at the time of executing the
  1321. release, which, if known by him must have materially affected his settlement with the
  1322. debtor."</i></strong></p>
  1323. <p><strong>Access to Services.</strong> PushPlay reserves the right to perform regular or
  1324. planned or unplanned maintenance to our virtual products due to technology improvements or bugs,
  1325. and you may or may not be notified of these changes before they occur. PushPlay also
  1326. reserves the right to change, modify, discontinue, suspend or abandon the PushPlay
  1327. Applications or any of the Services or to cease supporting any hardware or software platform at
  1328. any time at any time for any reason with or without notice to you and that we will not be liable
  1329. to you or any third party as a result of such termination, modification, discontinuance or
  1330. abandonment.</p>
  1331. <p><strong>Availability and Use.</strong> The PushPlay Applications and Services are
  1332. controlled from facilities in and outside of Barbados. PushPlay makes no
  1333. representations
  1334. that the PushPlay Applications or Services are appropriate or available for use in
  1335. your
  1336. particular location. Those who access or use the PushPlay Applications and/or
  1337. Services do
  1338. so at their own volition and are responsible for compliance with the laws of their particular
  1339. jurisdiction.</p>
  1340. <p><strong>No Third Party Beneficiaries.</strong> You agree that, except as otherwise expressly
  1341. provided in this Agreement, there shall be no third party beneficiaries to this Agreement.</p>
  1342. <p><strong>Governing Law/Disputes.</strong> These Terms shall be governed by and construed in
  1343. accordance with the laws of United Kingdom without application of conflict of laws rules.
  1344. Exclusive jurisdiction and venue in connection with any dispute between you
  1345. and PushPlay
  1346. (‘Dispute") shall lie in courts of United Kingdom. You hereby waive any right you might have to
  1347. resolve any Dispute on a class action basis or on bases involving claims brought in a purported
  1348. representative capacity on behalf of the general public or other persons similarly situated. Any
  1349. cause of action you may have with respect to PushPlay, the Services, the content or
  1350. the PushPlay Applications must be commenced within one year after the claim or cause
  1351. of
  1352. action arises or such claim or cause of action shall be barred.</p>
  1353. <p><strong>Miscellaneous.</strong> These Terms and policies incorporated herein, are the entire
  1354. agreement between you and PushPlay. They supersede any and all prior or
  1355. contemporaneous
  1356. agreements between you and PushPlay relating to your use of
  1357. the PushPlay
  1358. Applications or the Services. PushPlay may assign these Terms, in whole or in part,
  1359. at
  1360. any time. If any part of these Terms is determined to be invalid or unenforceable, it will not
  1361. impact any other provision of these Terms, all of which will remain in full force and effect.
  1362. Headings in the Terms are for convenience of reference only and shall not affect the
  1363. interpretation or construction of this agreement. The failure of PushPlay to
  1364. partially or
  1365. fully exercise any rights or the waiver of PushPlay of any breach of these Terms by
  1366. you,
  1367. shall not prevent a subsequent exercise of such right by PushPlay or be deemed a
  1368. waiver
  1369. by PushPlay of any subsequent breach by you of the same or any other term of these
  1370. Terms.
  1371. The rights and remedies of PushPlay under these Terms and any other applicable
  1372. agreement
  1373. between you and PushPlay shall be cumulative, and the exercise of any such right or
  1374. remedy shall not limit PushPlay 's right to exercise any other right or remedy.</p>
  1375. <p><strong>Contact Us.</strong> Please Contact Us with any questions by visiting <a
  1376. href="https://www.pushplay.com/faq">pushplay.com/faq</a>. Or you
  1377. can email us at: <a
  1378. href="mailto:support@pushplay.com">support@pushplay.com.</a></p>
  1379. <p>Copyright &copy;, 2017, Ltd. All rights
  1380. reserved.</p>
  1381. </div>
  1382. <div class="modal-footer">
  1383. <a class="button" aria-hidden="true" href="#close">OK</a>
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