Plex (“Us,” “We,” or “Plex”) provides the plexhq.io website including, but not limited to, various related services (collectively, the “Service”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
You are permitted to use the Service, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part or derivative of the Service in any medium without Plex’s prior written authorization except as permitted through the Service’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; and (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Service. Without limiting the foregoing, the Service is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.
Please be advised that these Terms of Service contain provisions that govern how claims you and we have against each other are resolved. It also contains an arbitration provision, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration.
In these Terms of Service, we use the terms “you” and “your” to mean any person using our Service, and any organization or person using the Service on an organization’s behalf.
When you register, you may provide us with some basic information, such as a phone number or email address. Keep your email address and other account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.
We always appreciate feedback and are always on the lookout for ways to improve Plex. For feedback, comments, questions, or concerns, you can contact us at firstname.lastname@example.org and we will return you e-mail at the soonest opportunity possible. By submitting feedback, you are expressly acknowledge that: (i) your feedback does not contain the confidential or proprietary information of third parties) (ii) we are under no obligation of confidentiality, express or implied, with respect to the feedback, (iii) we may have something similar to the feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the feedback, and you irrevocably waive, and cause to be waived, against Plex and its users any claims and assertions of any moral rights contained in such feedback.
Use of the Service is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Plex expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Plex makes no warranty or guarantee that the Service will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
Except for the rights expressly granted in this Terms of Service and as between the parties to this Terms of Service, you reserve all right, title and interest (including all patent, copyright, Trademark, trade secret and other intellectual property rights) in and to all data, data files and other information that is uploaded, submitted or published, transmitted or stored by or on behalf of you in connection with your use of the Service (“User Content”), and no right, title or interest in any User Content is granted to Plex User Content specifically does not include query logs and other information about your use of the Service, which is referred to as “Service Data.” You hereby grant to Plex a worldwide, royalty-free, non-exclusive, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content, and hereby authorize Plex to process such User Content, in each case solely to the extent necessary to provide the Service to you or to provide support or analysis as further described below.
You will not use the Service to (or assist any third party to) email or otherwise upload any content that (i) infringes or misappropriates any intellectual property or other proprietary or privacy rights of any person, (ii) you do not have a right to upload under any applicable law or under any contractual or fiduciary relationship, (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, or hateful racially or ethnically or (v) in the sole judgment of Plex, may cause harm to Plex, the Service, or other users of Plex’s products and services.
Except for the express limited rights set forth in this Terms of Service, Plex reserves all right, title and interest (including all patent, copyright, Trademark, trade secret and other intellectual property rights) in and to Plex Technology (as defined below), and no right, title or interest in any Plex Technology is granted to you. You acknowledge that the Service is offered as an online, hosted solution, and that you have no right to obtain a copy of the underlying computer code for the Service. Customer will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service. For purposes of these Terms of Services, “Plex Technology” shall mean the Service and any and all related and underlying technology and documentation, and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate all suggestions, enhancement requests, recommendations, proposals, corrections or other feedback provided by you.
Customer shall be responsible for the payment of any associated subscription fees in accordance with this Terms of Service and Plex’s standard payment and billing policies. Except as otherwise specified in this Terms of Service, all payment obligations are final, non-cancelable and non-changeable, and all fees paid are non-refundable. If you elect to pay fees by credit card, you agree and warrant to Plex that the credit card information provided by you to Plex is, and will be maintained as, true, complete, accurate and up to date, and that you are authorized to use such payment instrument in connection with its subscription for the Service. You agree to pay and hereby authorize Plex to bill your credit card in advance on a periodic basis in accordance with the terms of this Terms of Service. You will not chargeback any amounts paid to Plex and will reimburse Plex for any chargeback fees associated with the foregoing. You are responsible for paying all taxes, excluding only taxes based on Plex’s net income. If Plex has the legal obligation to pay or collect taxes for which you are responsible under this Terms of Service, the appropriate amount will be invoiced to and paid by you unless you provide Plex with a valid tax exemption certificate authorized by the appropriate taxing authority. Any late payments will be subject to a service charge equal to 1.5% of the amount due (calculated on a monthly basis) or the maximum amount allowed by applicable law, whichever is less.
Plex shall be under no obligation to provide the Service to you if any fees are not paid to us on time. You must ensure that Plex has complete and accurate billing and contact information throughout any subscription period. If fees become overdue, Plex reserves the right to suspend access to the Service until the balance is paid or Plex may remove your content and prevent further access permanently.
IN NO EVENT WILL PLEX BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF PLEX IS EXPRESSLY ADVISED OR HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT WHICH YOU PAID TO PLEX FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR, IF NO FEE APPLIES $100.
You agree to indemnify, defend, and hold Plex, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Plex Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms of Service, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Plex reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Plex. Plex will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
In the interest of resolving disputes between you and Plex in the most expedient and cost effective manner, you and Plex agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND PLEX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Plex will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Plex’s address for Notice is: Plex (Attn: Legal Department), 964 Noe Street, San Francisco, CA 94114, USA. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Plex may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Plex must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Plex will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Plex in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, Plex will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Menlo Park, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in Menlo Park, California. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Plex for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of California. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.
YOU AND PLEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that Users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and Plex agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a user may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.
If Plex makes any future change to this arbitration provision, other than a change to Plex’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Plex’s address for Notice, in which case your account with Plex will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms of Service.
You may submit a statement notifying Plex that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify Plex of your intention to opt out by submitting a written notice, which may be via email to email@example.com stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. The venue for any disputes arising from or concerning this Agreement or use of the Service shall be in San Francisco, California.
Plex may terminate your privilege to use or access the Service immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Service and agree not to access or make use of, or attempt to use, the Service. Furthermore, you acknowledge that Plex reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Service. You understand that Plex may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Plex.
All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Service, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
The entire content and materials contained on the Service, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Service and other intellectual property and intellectual property rights, along with any and all portions or derivatives of any of the foregoing (collectively, the “Plex IP”) are owned by or licensed to Plex to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Service are either the property of, or used with permission by, Plex. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Plex IP without our prior written consent. We neither warrant nor represent that your use of Plex IP or other materials displayed on the Service will not infringe rights of third parties not owned by or affiliated with Plex. We may redesign the Service at our sole discretion at any time.
You may not use the Service or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Plex. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the Service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Plex’s prior written consent.
Modification of Plex’s content and/or the Plex IP is a violation of the copyrights and other proprietary rights of Plex or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Plex. The Service and the information contained therein may not be used to construct a database of any kind. The Service and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Plex or its subsidiaries, suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Plex’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the Service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Plex or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Plex is intended or created by this Agreement.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
Plex will promptly terminate without notice the accounts of Users that are determined by Plex to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity.
As part of using the Service, Plex may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Plex has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Plex, and Plex is not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software, or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Plex. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the Service.
The communications between you and Plex use electronic means, whether you use the Service or send us emails, or whether Plex posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Plex in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Plex provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Plex or any of its officers, employees, agents or representatives in any situation where notice to Plex is required by contract or any law or regulation.
Any such notice must be sent to:
Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Service and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Service after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Service. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Plex to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.