PKGBUILDs/aur/plex-media-server/terms.txt

Plex Terms of Service
Last modified December 21st, 2013

Thank you for using Plex! By accessing, using, downloading, or visiting any Plex “Service(s)”, which includes the Plex website, Plex software and products described here, and any other products or materials provided by Plex, you agree to the terms (“Terms”) listed in this agreement (“Agreement”). Plex reserves the right to amend these Terms at any time and without notice. Any revisions to the Terms will be posted on the Plex website. By continuing to access or use the Services, you accept any changes or revisions to the Terms.

Plex Software

    Plex gives you a personal, non-commercial, worldwide, royalty-free, revocable, non-transferable, non-sublicensable, and non-exclusive license to use the software provided to you by Plex as part of the Services (“Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
    The Software includes certain executable modules that Plex has licensed from third party providers (“Third Party Components”) that may be subject to different end user license terms as specified in the license agreement(s) provided with such Third Party Components.
    You may not, or allow anyone else to, directly or indirectly to: (1) copy, modify, distribute, sell, or lease any part of the Software; (2) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and/or organization of all or any part of the Software, unless laws prohibit those restrictions or you have our written permission; (3) rent, lease, or use the Software for timesharing or service bureau purposes; (4) develop any improvement, modification, or derivative works of the Software, or include any portion thereof in any other product, software, work, equipment, or item (except that you may customize and/or modify the Software only as set forth in the documentation or as authorized in any license agreement of Plex’s third party licensors and applicable to Third Party Components); or (5) allow the transfer, transmission, export, or re-export of the Software or any portion thereof or any technical data associated with any Software.
    You shall not incorporate any of Plex’s Software or any part thereof into any other product(s) or use the proprietary software in any manner that would cause the proprietary software to become subject to any “open source license” that would impose obligations on Plex’s use of the proprietary software or impair any rights of Plex or third parties thereto.
    You shall maintain and shall not remove nor obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software.
    You may reverse engineer the Software solely (1) as permitted by applicable law, or (2) for the purpose of debugging modifications made by you to certain third party files in source code format that are licensed under the GNU Lesser General Public License (LGPL) or under the GNU General Public License diversion 2 (GPL2) and only provided that you have made, prior to any such reverse engineering permitted under this sentence, unsuccessful prior reasonable good faith efforts to debug such modifications using techniques other than the reverse engineering of the Software.
    As between the parties and except as otherwise provided in any license agreement for Third Party Components, Plex shall own all title, ownership rights, and intellectual property rights in and to the Software, and any copies or derivative works thereof, except that by downloading the Software, you retain any title that you may own in and to the recording media on which the Software is recorded.
    You understand that Plex or its licensors may modify or discontinue offering the Services at any time.
    You shall not make, or assist others in making, any use of data adapters or similar technologies used by or with the Services that are designed to receive and use data from Plex, its third party data providers, and their affiliates and third parties, other than to receive and use such data in accordance with these Terms and your agreement with the third party data providers, and their affiliates and third parties, including without limitation any data passing through the Services or otherwise effectively made available by any Service through an API, a download, a database, or the like.
    This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes (collectively, "Support") for the Services. Any such Support for the Services that may be made available by Plex, in its sole discretion, shall become part of the Services and will be subject to these Terms.

Data

Data provided by Plex or other third party data providers may be delayed or unavailable as specified by Plex or such third party data providers. Plex does not verify any data provided by Plex or other third party data providers and disclaims any obligation to do so. Plex, its third party data providers, and each of their affiliates and business partners: (1) expressly disclaim the availability, accuracy, adequacy, or completeness of any data or third party data provider, and (2) shall not be liable for any errors, omissions, or other defects in, unavailability of, delays or interruptions in such data or third party data provider.

Acceptable Use

    You may not, or allow anyone else to, use any of the Services to do the following:
        Infringe the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party;
        Violate any law, statute, ordinance, or regulation, or perform any other action that would incur civil liability or constitute a crime;
        Disseminate, transfer or store information or materials in any form or format that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; or
        Disseminate any software viruses or any other computer code, files, programs, or the like that may without limitation interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, violate the security of any computer network, or the like.
    If the occurrence of any prohibited use comes to our attention, we reserve the right to disable any accounts associated with prohibited use or otherwise terminate your access to the Services.

Your Content

    You continue to retain any ownership rights you have in content you make available via the Services, or otherwise use in conjunction with the Services. However, by using the Services with particular content, for example by using the Services to share particular content or access particular content, you grant to Plex (and to each of the third parties with whom we work to provide you with the Services) a worldwide license to reproduce, modify, create derivative works, transmit, publish, publicly perform, publicly display, distribute, and otherwise use the particular content and metadata associated with the content, such as poster images. The rights you grant us in this license are only for the limited purpose of providing you with our Services. You may not use the Services in connection with any content for which you do not have the right to grant us this license.
    The Services may include features that allow you to share your content with others. Please be careful when choosing to share content with other users; Plex is not responsible for how others use your content. Additionally, you hereby grant to any user with whom you share content a non-exclusive license to access the content through the Service, and to use, reproduce in copies, distribute, display and perform the shared content as permitted through the functionality of the Service and under this Agreement. You may not share any content with others via the Services if you do not have the right to grant this license to any user with whom you share the content.
    You understand that all content imported, published, shared, transmitted, or otherwise made available via the Services is the sole responsibility of the person from whom such content originated, and that you, and not Plex, are solely responsible for any civil or criminal legal liability that may arise or result from any content that you import, publish, share, transmit, or otherwise make available through your use of the Services.

Content of Others

    You acknowledge that all content that you access through use of the Software or other Services is accessed at your own risk, and you will be solely responsible for any damage or liability to any party resulting from such access.
    You understand that by using the Services you may encounter content that you may find offensive, indecent, or objectionable. Plex does not inspect, screen, or otherwise control the content that is posted, shared or made available via the Services, and Plex does not guarantee the accuracy, integrity or quality of such content.
    You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Developers and Interfacing Software

    "Interfacing Software" means any software that you obtain or provide and that accesses or calls any Software provided by Plex as part of the Services including, but not limited to, plug-ins for the Services, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with the Services.
    By making, or assisting others in making, Interfacing Software, you agree to the following terms:
        You grant Plex and its affiliates worldwide a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting and linking to), copy, publicly perform, publicly display, reproduce in copies for distribution, and distribute the copies of any Interfacing Software made by you or with your assistance.
        You may notify us at legal@plex.tv if you do not wish for Plex to use, distribute, copy, publicly perform, publicly display, reproduce in copies for distribution, or distribute copies of any Interfacing Software that was created by you. Plex will comply with such a request but Plex must be granted a transition period of thirty (30) days after receipt of the request to comply. A request to take down Interfacing Software must include (1) an identification of the Interfacing Software you wish to be removed; (2) your signature in either electronic or physical form; and (3) the following statements:
            "I swear under penalty of perjury that I am the owner of the Interfacing Software or I am authorized to act on behalf of the owner of the Interfacing Software.”
            "I swear under penalty of perjury that the information in this notification is accurate.”
        You shall protect the privacy and legal rights of Plex users. If the users provide, or the Interfacing Software accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that such information will be available to the Interfacing Software, and you must provide privacy notices and protection for those users in compliance with applicable law. Further, the Interfacing Software may use that information only for the limited purposes for which the user has given you permission to do so. If the Interfacing Software stores personally identifying information of users or information that a reasonable user would consider to be sensitive, then the Interfacing Software must do so securely and only for as long as it is needed. However, if the user has opted or entered into a separate agreement with you that allows you or the Interfacing Software to store or use personally identifying information of users or information that a reasonable user would consider to be sensitive, then the terms of that separate agreement will govern your use of such information. If the user provides the Interfacing Software with Plex account information, the Interfacing Software may only use that information to access the user’s Plex account when, and for the limited purposes for which, the user has given you permission to do so.
        Prohibited Uses. Plex prohibits performing certain actions using the Interfacing Software. You shall not make, or assist others in making, any Interfacing Software that:
            Knowingly violates a third party’s terms of service;
            Violates any applicable laws or regulations;
            Interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, hardware. devices, servers, networks, data, or other properties or services of any other party including, but not limited to, Plex users, Plex or any network operator;
            Posts misleading information about an application’s purpose;
            Infringes on the intellectual property rights of others; or
            Performs any other prohibited action listed under “Acceptable Use” above.
        You will require your end users to comply with any applicable law and these Terms. You will not knowingly enable your end users to violate applicable law or these Terms.
        You shall indemnify and hold harmless Plex and its officers, directors, employees, contractors, licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from any use of the Interfacing Software or from Plex’s distribution of the Interfacing Software.
        Brand Features and Attribution
            "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of a party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party's Brand Features. Any use by you of Plex’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Plex. Plex Brand Features include the Plex Play Logo (“>” in stylized format) and the trademarks, trade names and designs as may be identified from time to time in the Plex Trademark Notice that is posted at plex.tv/legal.
            You must seek prior written approval from Plex to display Plex's Brand Features, including for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with Plex Services. Plex, in its sole discretion and in a separate writing such as an e-mail from an authorized representative of Plex, may grant you a revocable, non-transferable, nonexclusive license, without right of sub-license, to display Plex's Brand Features for the purpose of promoting or advertising that your Interfacing Software is for use in conjunction with Plex Services. You understand and agree that Plex has the sole discretion to determine whether your attribution(s) and use of Plex's Brand Features are in accordance with the above requirements and guidelines and that Plex may revoke the license granted herein at any time, or may require you to modify your use of Plex’s Brand Features, for any reason in its sole discretion.
            You will not make any statement that suggests a partnership with, sponsorship by, or endorsement by Plex, without Plex's express prior written approval.
            In the course of promoting, marketing, or demonstrating the Services, Plex may produce and distribute incidental depictions, including screenshots, video, or other content from your Interfacing Software, and may use your company or product name. You grant us all necessary rights for the above purposes.

Children

While Plex does distribute products that may be used by children, the Services are not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian. Therefore, if an account owner sets parental controls or establishes sub-accounts that the account owner intends to permit a child to use, the account owner should not reveal the account password to the child. Plex and its contributors may not provide controls that restrict the maturity level of content available via Plex and an adult account owner has sole responsibility for determining what maturity level is appropriate for or accessible to any children whom the account owner permits to use the Plex service or a sub-account.

NO WARRANTY

    PLEX SERVICES ARE PROVIDED "AS IS". PLEX MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX'S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    You agree that Plex and its officers, directors, employees, and contractors are not responsible for any fault, inaccuracy, error, omission, delay or any other failure of your equipment and/or services caused by Plex’s hardware, software, cabling, network services, or the like, or arising from Plex’s use of such equipment and/or services.
    The above disclaimer of warranty applies to software developed by Plex and any software developed by a third party and provided by Plex including, but not limited to, Interfacing Software developed by any Plex user.

Limitation of Liability and Damages

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. PLEX'S AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100 (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE PLEX'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX'S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
    The above limitations and exclusions apply to software developed by Plex and any software developed by a third party and provided by Plex including, but not limited to, Interfacing Software developed by Plex user.

Third-Party Materials

This website and other Services may provide links to websites, software, or other materials provided by third parties. Plex does not endorse and is not responsible or liable for the availability, accuracy, safety, or intellectual property rights of or relating to such content. Plex is not liable for any harm caused by any such materials.

Malware

"Malware" means any known, discovered, envisioned, or invented, or any yet to be known, discovered, envisioned, or invented: (i) virus, Trojan horse, or any other harmful, harassing, or malicious software; or (ii) method, use, or means by which any software, firmware, equipment, device, communications medium, person, entity, or the like directly or indirectly engages in or is used for: (a) any unauthorized access; (b) any unauthorized communication; or (c) any cracks, hacks, exploits, or other activity, method, use, or means, that may cause harassment, harm, data loss, data theft, loss of communication, loss of privacy, or the like. You acknowledge that the Internet, Internet service providers, shared or dedicated telecommunication lines, wireless access points and wireless networks, other forms of communication, online resources including websites and cloud computing environments, or other means that you use to connect to the Software may not be secure and may be vulnerable to attack by third parties, and that it is possible to receive Malware by using the Internet, dedicated lines, other forms of communication, or other means. In order to protect the Software, you shall regularly obtain, use, and update appropriate third party software or other means to protect yourself from Malware and to detect and remove Malware that may be downloaded using the Internet, dedicated lines, other forms of communication, or other means. Plex does not warrant that the Software will be free of Malware including, but not limited to, Malware that is introduced by third parties, the Internet, dedicated lines, other forms of communication, or other means.

Waiver and Indemnity

You agree that Plex and its licensors, distributors, contractors, agents, and third party contributors shall have no liability whatsoever for any use you make of the Services. You shall indemnify and hold harmless Plex and its licensors, suppliers, distributors, contractors, agents, and third party contributors from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Plex Services as well as from your failure to comply with any of the Terms, or any losses, damages, claims, costs, and/or attorneys’ fees arising from any use of or reliance upon any information received in connection with the Services that comprises or is based upon data provided by Plex or any third party.

Termination of Services

Plex may at any time, with or without cause and with or without prior notice, immediately terminate or suspend your Plex account or otherwise terminate or suspend your access to all or a portion of the Services. Cause for such termination may include: (a) violations of the Terms or any other policies or guidelines that are referenced herein; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where providing the Services to you is or may become unlawful; or (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Plex in its sole discretion and Plex will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Services.

Miscellaneous

    This Agreement does not give you any rights not expressly and unambiguously granted herein.
    No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Plex in any respect whatsoever.
    If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
    This Agreement is not assignable, transferable, or sublicensable by you except with Plex's prior written consent. Plex may transfer, assign, or delegate this Agreement and its rights and obligations without consent.
    Plex's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
    This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, but without limiting Plex's right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Santa Clara County, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorneys' fees from the other party. A separate written license agreement or order and signed by Plex and you or your company, employer, or principal may state other terms and conditions that apply to you, including terms relating to price, payment, delivery, confidential information, support services, and the like. You are solely responsible to review such terms or conditions with your company, employer or principal. In the event of any conflict in terms, the terms of the separate license agreement shall supersede the terms of this Agreement.
    Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement.