Upon placing an order, you therefore agree to pay using the payment method indicated and grant authorization to Plex to charge the applicable fee to your payment provider. All transactions, however, are void where prohibited by law and Plex may request particular information in order to confirm the order and method of payment.
Plex also reserves the right to terminate or suspend access to the Plex Solution if you fail to pay any amounts when due. Unless otherwise specified herein, all obligations with respect to the amounts due to Plex under the TOS shall survive any expiration or termination of the TOS.
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All rights reserved. All content available through the Plex Solution, unless otherwise indicated, is protected by copyright, trade secret, or other intellectual property laws. PLEX, the Plex logo, and all other names, logos, and icons identifying Plex and its solutions, products, and services are proprietary trademarks of Plex, and any use of such marks without the express written permission of Plex is strictly prohibited. Please see the Plex Trademarks and Guidelines policy statement available here for more information regarding the trademarks or service marks of Plex. Third-party content displayed or accessible through the Plex Solution is protected by copyright and other intellectual property law and belongs to the respective owner.
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You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this TOS. In addition, any Feedback received by Plex will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Plex to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display in whole or in part worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
In addition, downloading, installing, or using certain Mobile Plex Solution s may be prohibited or restricted by your mobile carrier, and not all Mobile Plex Solution s may work with all carriers or devices or in all locations.
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Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Plex Solution s are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Plex Solution s ; and how much such use will cost you. Plex may provide links, in its sole discretion, to other sites or applications on the Internet, including to the Plex Store.
Such other sites are maintained by third parties over which Plex exercises no control. These links do not imply an endorsement with respect to any third party or any third-party web site or the information, products, or services provided by any third party. Plex encourages review of the applicable terms, conditions or notices governing use of these third party sites or applications.
Certain features allow you to synchronize your content across third-party platforms and networks. These features will enhance the performance of the Plex Solution and allow you to better integrate and harmonize the Plex Solution with information stored on or used with third-party networks.
Using this functionality typically requires you to login to your account on the third-party service, and you do so at your own risk. You should always review, and if necessary, adjust your privacy settings on these networks and platforms before linking or connecting them to the Plex Solution. You expressly acknowledge and agree that Plex is in no way responsible or liable for any such third-party services or features.
Plex is not responsible for your use of Interfacing Software or of and any data collection or related usage practices associated with your operation or maintenance of any Interfacing Software. You further agree that any notices, agreements, disclosures, or other communications that Plex sends you electronically using the contact information you provide through the Plex Solution will satisfy any legal communication requirements.
You represent and warrant that i the person accepting this TOS has the legal authority to bind the named person on the account, and ii he or she has the right, power, and authority to a enter into this TOS, b make the respective and applicable representations and warranties contained herein, and c commit to and perform the respective duties, obligations, and covenants set forth hereunder. You and Plex agree to only bring claims arising from this TOS on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. 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 arbitration proceeding shall be carried on and heard in Santa Clara County, California using the English language.
You may bring claims only on your own behalf. Neither you nor Plex will participate in a class-wide arbitration for any claims covered by this TOS. This dispute resolution provision will be governed by the Federal Arbitration Act. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You access and use the Plex Solution on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Plex Solution.
Please be aware that information you provide to Plex, or that Plex obtains as a result of your use of the Plex Solution, may be processed and transferred to the United States and be subject to United States law. Subject to the foregoing arbitration right, any action to enforce this TOS will be brought in the courts presiding in the Superior Court of Santa Clara County and the United States District Court for the Northern District of California, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts.
You and Plex waive trial by jury. Moreover, you may bring claims only on your own behalf. Neither you nor Plex will participate in a class action or class-wide arbitration for any claims covered by this TOS.
Any communication s or notice and any related materials or information to be sent pursuant to this TOS shall be in the English language and shall be deemed provided: a upon receipt if by personal delivery; b upon receipt if sent by certified or registered U. Mail return receipt requested ; c one day after it is sent if by next-day delivery by a major commercial delivery service; or d with respect to termination of this TOS or for information applicable generally to end users of the Plex Solution, to the email address designated by you. You represent and warrant that you are not a located in a country that is subject to a U.
Government embargo, or that has been designated by the U. Government list of prohibited or restricted parties. Plex reserves the right to view, monitor, and record activity through the Plex Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity through the Plex Solution as well as to disclosures required by or under applicable law or related government agency actions.
Plex will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Plex reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Plex Solution, or any portion of the Plex Solution in order to protect the Plex Solution or Plex.
You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, with respect to unauthorized use of Plex proprietary assets, will cause irreparable injury to Plex, such injury would not be quantifiable in monetary damages, and Plex would not have an adequate remedy at law.
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You therefore agree that Plex shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Plex post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Plex to enforce any provision of this TOS. Plex reserves the right to terminate this TOS at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of the Plex Solution or related services as an offering of the Plex business, nonpayment, termination of account, fraudulent or unlawful activity, or actions or omissions that violate this TOS, subject to the survival rights of certain provisions identified below.
You may also terminate this TOS at any time by providing Plex with notice of cancellation, but all applicable provisions of this TOS will survive termination, as identified below. You may close your account by clicking here. Upon termination and in accordance with law, your right to access and use the Plex Solution shall cease regardless of the subscription period and you must immediately destroy all copies of any aspect of the Plex Solution in your possession.
Termination shall result in deactivation or deletion of your account with Plex.
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Further, Plex shall not be responsible for any damage that may result or arise out of termination of this TOS. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Plex of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
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If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable, provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect. No joint venture, partnership, employment, or agency relationship exists between you and Plex as a result of this TOS or your utilization of the Plex Solution, and you do not have any authority of any kind to bind Plex in any respect whatsoever.
This TOS represents the entire agreement between you and Plex with respect to your individual use of the Plex Solution. Plex may transfer, assign, or delegate this TOS and its rights and obligations without consent. In addition, Plex may add, modify, or delete any aspect, program, functionality, or feature of the Plex Solution. Your continued use of the Plex Solution following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOS.
Accordingly, please review this TOS found at this location on a periodic basis. If you have questions regarding the Plex Solution or if you are interested in obtaining more information concerning Plex or its products, services, or solutions, please contact Plex.
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