Terms

1. ACCEPTANCE OF TERMS

The following Terms of Service (“Terms”) govern your use of the Playerline, LLC (“Playerline” or

“Services”) Web Site located at www.playerline.com and/or Playerline’s mobile application available

through Apple iOS and Google Android Platform. Playerline’s website and mobile applications are made

available by Playerline, and Playerline may change the Terms of Service from time to time, at any time,

by posting such changes on the Site. BY USING THE PLAYERLINE SITE OR MOBILE PLAYERLINE

APPLICATIONS, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE

SITE AND MOBILE APPILCATIONS. If you do not agree to these Terms of Service, you may not access or

otherwise use the Site.

2. DESCRIPTION OF SERVICE

Playerline’s website and mobile application service allows users who register and create an account to

become a Playerline Member (“Member”). Once registered, each Member may use the Services only in

compliance with these Terms and all applicable local, state, national, and international laws, rules and

regulations.

In addition, Playerline may stop (permanently or temporarily) providing the Services (or any features

within the Services) to any Member generally, and may not be able to provide you with prior notice.

Playerline also retains the right to create limits on use and storage at our sole discretion at any time

without prior notice to you.

Any new features on the Service, including the release of new Playerline tools and resources, shall be

subject to these Terms. To use the Service, you must have access to the Internet, either directly or

through devices that access web-based content, and you must pay any fees associated with Internet

access. In addition, you must provide all equipment necessary to make such connection to the Internet,

including a web-enabled computer or mobile device. The Service may include certain communications

from us, such as service announcements, administrative messages, and the Playerline Newsletter. These

communications are considered part of Playerline membership. You may not access the Service by any

means other than through the Service interfaces we provide you.

3. CONTENT POLICY

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person

who originated such Content. Playerline may not monitor or control the Content posted via the Services

and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials

posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or

reliability of any Content or communications posted via the Services or endorse any opinions expressed

via the Services. You understand that by using the Services, you may be exposed to Content that might

be offensive, inaccurate or otherwise inappropriate, or in some cases, postings that have been

mislabeled or are otherwise deceptive. Under no circumstances will Playerline be liable in any way for

any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage

of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise

made available via the Services or broadcast elsewhere.

4. REGISTRATION

To register and create an Account, a Member must provide us with a valid email address and/or other

information (“Registration Data”) through a compliant and verified 3rd party Partner including Google,

Twitter and/or Facebook logins. Members are responsible for maintaining the confidentiality of the

password and account, and for all activities that occur under your account. In consideration of use of the

Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you

provide any information that is untrue, inaccurate, not current or incomplete, or if Playerline has

reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,

we may suspend or terminate your account and refuse any and all current or future use of the Service or

any portion thereof. Individuals under the age of 18 are prohibited from creating or using accounts

through Playerline.

5. CANCELLATION AND TERMINATION

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no

longer have access to your web site and we may delete all information on your web site. We accept no

liability for such deleted information or content.

For as long as we continue to offer the Services, we will provide and seek to update, improve and

expand the Service. As a result, we allow you to access the Service as it may exist and be available on

any given day and have no other obligations, except as expressly stated in this Agreement. We may

modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and

modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these

changes shall be effective upon their posting on our site or by direct communication to you unless

otherwise noted. We further reserve the right to withhold, remove and or discard any Content available

as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For

avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that

you or others provide when using the Service.

6. CONTENT & COPYRIGHT

Playerline respects the intellectual property rights of others and expects users of the Services to do the

same. We will respond to notices of alleged copyright infringement that comply with applicable law and

are properly provided to us. If you believe that your Content has been copied in a way that constitutes

signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the

copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be

infringing or to be the subject of infringing activity and that is to be removed or access to which is to be

disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact

information, including your address, telephone number, and an email address; (v) a statement by you

that you have a good faith belief that use of the material in the manner complained of is not authorized

by the copyright owner, its agent, or the law; and (vi) a statement that the information in the

notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole

discretion, and without liability to you. In appropriate circumstances, Playerline will also terminate a

user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for

notice of alleged copyright infringement appearing on the Services is:

Playerline, LLC

Attn: Copyright Agent

171 Main Street – Suite 217

Los Altos, CA 94022

Playerline does not claim ownership of your Content, but you give us your permission to host your

Content on the Service. This permission exists only for as long as you continue to use the Service or

remain an Account Holder. All information, data, text, software, graphics, video, messages, or other

materials you post via the Service are the sole responsibility of the person from which such Content

originated. You are responsible for all Content that you upload, post, transmit or otherwise make

available via the Service. We do not control the Content you post via the Service.

Under no circumstances will we be liable for your Content or the content of any third party, including,

but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind

incurred as a result of the use of any Content posted, transmitted or otherwise made available via the

Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not

the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have

the right to remove any Content that violates these Terms or is otherwise objectionable in our sole

discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not

rely on any Content created by us. You acknowledge and agree that we may preserve Content and may

also disclose Content if required to do so by law or in the good faith belief that such preservation or

disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond

to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or

personal safety and those of our users and the public.

You agree that you will not:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful,

threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s

privacy (up to, but not excluding any address, email, phone number, or any other contact information

without the written consent of the owner of such information), hateful, or racially, ethnically or

otherwise objectionable;

(b) harm minors in any way;

guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content

transmitted through the Service;

(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any

law or under contractual or fiduciary relationships (such as inside information, proprietary and

confidential information learned or disclosed as part of employment relationships or under

nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret,

(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing,

advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass

email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a

site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple

submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that 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;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any

requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national or international law,

including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission,

any rules of any national or other securities exchange, including without limitation, the New York Stock

Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

(k) “stalk” or otherwise harass another;

(l) promote or provide instructional information about illegal activities, promote physical harm or injury

against any group or individual, or promote any act of cruelty to animals. This may include, without

limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary

devices;

(m) offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local

law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to

offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole

discretion, is inappropriate for sale through the Service;

(n) use the Service as a forwarding service to another web site;

(o) solicit a third party’s passwords or personal identifying information for unlawful or phishing

purposes;

(p) exceed the scope of the Service that you have signed up for; for example, by accessing and using the

tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples

comments or content; (q) upload, post or otherwise transmit any Content that is intended to take

advantage of a user. Such content may include, but is not limited to, “get rich quick”, “get paid to surf”,

pyramid/MLM, or other dubious schemes.

(q) include more than three ad units per page, or any advertising that greatly reduces the usability of the

site.

(r) upload files for the sole purpose of having them hosted by us and for use outside of a web site

created using the Service.

(s) create a web site that provides an injurious user experience with custom programming. Examples

include, but are not limited to, extreme flashing banners and excessive animated movement.

(t) upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual

context, any Content revealing exposed genitalia, or any Content with adult themes.

We retain the right to terminate any account or user who has violated any of the above prohibitions.

7. PRIVACY POLICY

How we collect, protect and use your Registration Data and certain other information about you are

contained in our Privacy Policy, which is part of these Terms, and is displayed at www.playerline.com/privacy.

8. WEBSITE ACCOUNT AND SECURITY

Members are responsible for maintaining the security of their individual accounts, for all activities that

occur or actions taken under the account or in connection with the account. You agree to immediately

notify us in writing of any unauthorized uses of the account or any other breaches of security. We will

not be liable for any loss or damage from your failure to comply with this security obligation. You

acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or

omissions or those of any third party, including damages of any kind incurred as a result of such acts or

omissions.

11. ADDITIONAL SOFTWARE

If you elect to download or access any additional software or third party content made available by us

through the Service, you must agree to additional terms and conditions before you use such software or

third party content. If you do not agree to the third party’s terms of service or license agreement, do not

download the software or content.

Your use of any third party software or content obtained through the Service does not transfer to you

any rights, title or interest in or to the third party software or such content beyond the terms contained

in the third party provider’s terms of service or license.

12. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online

conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the

transmission of technical data exported from the United States or the country in which you reside.

13. LINKS

The Service may provide, or third parties may provide, links to other web sites or resources. Because we

have no control over such sites and resources, we are not responsible for the availability of such

external sites or resources, and we do not endorse and are not responsible or liable for any content,

advertising, products, or other materials on or available from such sites or resources. We are not liable

for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any

such content, goods or services available on or through any such site or resource.

16. INDEMNITY

You agree to indemnify and hold Playerline, and its subsidiaries, affiliates, officers, directors, agents, co-

branders, partners and employees, harmless from any claim or demand, including reasonable attorneys’

fees, made by any third party due to or arising out of your Content, use of or connection to the Service,

violation of these Terms, or violation of any rights of another.

17. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our

express written permission.

18. GENERAL PRACTICES REGARDING USE AND STORAGE

We may establish general practices and limits concerning use of the Service and may modify such

practices and limits from time to time with or without notice to you.

19. OUR PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the

Service contains proprietary and confidential information that is protected by applicable intellectual

property and other laws. You further acknowledge and agree that content contained in sponsor

advertisements or in information presented to you through the Service or advertisers is protected by

copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly

authorized by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create

derivative works based on the Service, in whole or in part.

We do not want to receive confidential or proprietary information from you through the Service or by

email. Unless otherwise agreed in writing by an authorized Playerline representative, any material,

information or idea you transmit to us by any means may be disseminated or used by us or our affiliates

without compensation or liability to you for any purpose whatsoever, including, but not limited to,

developing, manufacturing and marketing products. However, this provision does not apply to Content

(as defined herein), or to personal information that is subject to our Privacy Policy.

20. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR

DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR

NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS,

UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION

WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND

INFORMATION THAT MAY RESIDE ON THE SERVICE. PLAYERLINE DOES NOT WARRANT THAT (i) THE

SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,

SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE

WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR

OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR

EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY

DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF

ANY SUCH MATERIAL.

21. LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR

EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,

USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYERLINE HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE

COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,

INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS

ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF

YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;

OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS

RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE

MONTHS OF THE SERVICE IN QUESTION.

22. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION

OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF

THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO YOU.

23. U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by

the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the

materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.

24. GENERAL

We may provide notices to you via either email or regular mail. The Service may also provide notices of

changes to these Terms or other matters by displaying notices or links to notices to you generally on the

Service. These Terms and the relationship between you and Playerline shall be governed by the laws of

the State of California without regard to its conflict of law provisions. You and Playerline agree to submit

to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The

failure of Playerline to exercise or enforce any right or provision of these Terms shall not constitute a

waiver of such right or provision. These Terms constitute the entire agreement between you and us and

govern your use of the Service, superseding any prior agreements (including, but not limited to, any

prior versions of these Terms). You also may be subject to additional terms and conditions that may

apply when you use affiliate or other services, third-party content or third-party software. If any

provision of these Terms or incorporated documents are found by a court of competent jurisdiction to

be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’

intentions as reflected in the provision, and the other provisions of these Terms remain in full force and

effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action

arising out of or related to use of the Service or these Terms must be filed within one (1) year after such

claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience

only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the

right to participate as a plaintiff or class member in any purported class action or representative

proceeding. Further, more than one person’s claims may not be consolidated under any circumstances,

in any form of any class or representative proceeding or otherwise.

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