1. Welcome to PLAYBOOK!
1.2 Modifications to Terms of Service:
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Platform’s user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Platform from time to time.
2. Access and Use of the Platform
2.1 Use Description:
The PLAYBOOK platform, and any content viewed through our platform, is solely for your personal and non-commercial use. With your PLAYBOOK purchase we grant you a limited, non-exclusive, non-transferable, license to access the content and communication channels available on PLAYBOOK and view your course(s) through the platform on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the platform for public performances/presentations. PLAYBOOK may revoke your license at any time in its sole discretion with a notice being shared up to 24 hours in advance.Our service enables people to participate in a community, online courses, events, and subscriptions dedicated to an interest, passion, identity, or individual for free or for a fee. PLAYBOOK (“Hosts”) do so to invite in people (“Members”) to connect with each other, to message, and to exchange information and content.
2.2 Your Registration Obligations:
2.3 Member Account, Password and Security:
You may never use another's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Platform. If you fail to maintain control of a device, other users may access the Platform through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify PLAYBOOK of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account when accessing the Platform from a public device. PLAYBOOK will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Platform:
PLAYBOOK reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that PLAYBOOK will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:
You acknowledge that PLAYBOOK may establish general practices and limits concerning use of the Platform, including without limitation the maximum period of time that data or other content will be retained by the Platform and the maximum storage space that will be allotted on PLAYBOOK’s servers on your behalf. You agree that PLAYBOOK has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Platform. You acknowledge that PLAYBOOK reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PLAYBOOK reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
2.6 Mobile Services:
The Platform may include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with customer support and billing who we have employed/contracted to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. In the event you change or deactivate your mobile telephone number, you agree to promptly update the PLAYBOOK Community Manager to ensure that your messages are not sent to the person that acquires your old number.
3. Conditions of Use
3.1 User Conduct:
You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Platform. PLAYBOOK reserves the right to investigate and take appropriate legal action against anyone who, in PLAYBOOK’s sole discretion, violates this provision, including without limitation, removing the offending content from the Platform, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Platform to:
To the extent the Platform or any portion thereof is made available for any fee, you will be required to select a payment plan and provide PLAYBOOK information regarding your credit card or other payment instrument. You represent and warrant to PLAYBOOK that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PLAYBOOK the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize PLAYBOOK to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let PLAYBOOK know within sixty (60) days after the date that PLAYBOOK charges you. We reserve the right to change PLAYBOOK’s prices. Your continued use of the Platform after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with purchasing access to the Platform from your region.
3.3 Recurring Subscriptions:
Our subscriptions are subject to auto-renewal (“Recurring Subscription”), you authorize PLAYBOOK to maintain your account information and charge you automatically upon the renewal of the Platform you choose with no further action required by you. In the event that PLAYBOOK is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, PLAYBOOK, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Platform until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
PLAYBOOK may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
Payments made to PLAYBOOK are non-refundable and there are no refunds or credits for partially used periods.You may cancel a Recurring Subscription at any time however, a subscription canceled before the end of its current period will not be refunded by us once the fees is already paid. In this case, you will continue to have access to the Platform through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. For any further questions on payment plans and cancellations, email Support at email@example.com.
If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by PLAYBOOK. Except as otherwise explicitly stated by PLAYBOOK, the third-party marketplace will be solely responsible for making refunds under its refund policy, and PLAYBOOK will have no refund obligations. PLAYBOOK disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
If you subscribed on our website, you can cancel by contacting Support at firstname.lastname@example.org.
3.4 Commercial Use:
Unless otherwise expressly authorized herein or by PLAYBOOK in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform. The Platform is solely for your non-commercial, personal, entertainment use.
4. Intellectual Property Rights
4.1 Platform Content, Software and Trademarks:
You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by PLAYBOOK, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Platform. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by PLAYBOOK from accessing the Platform (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of PLAYBOOK, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by PLAYBOOK.The PLAYBOOK name and logos are trademarks and service marks of PLAYBOOK (collectively the “PLAYBOOK Trademarks”). Other PLAYBOOK, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to PLAYBOOK. Nothing in this Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PLAYBOOK Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of PLAYBOOK Trademarks will inure to our exclusive benefit.
4.2 Third Party Material:
Under no circumstances will PLAYBOOK be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that PLAYBOOK does not pre-screen community content, but that PLAYBOOK and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, PLAYBOOK and its designees will have the right to remove any content that violates these Terms of Service or is deemed by PLAYBOOK, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted Through the Platform:
With respect to the content or other materials you upload through the Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant PLAYBOOK, its affiliated companies and partners (including but not limited to PLAYBOOK instructors, practitioners and other third parties providing instructional information through the Platform, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your Community Post Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Platform (“Submissions”), provided by you to PLAYBOOK, its affiliated companies or partners are non-confidential and PLAYBOOK, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that PLAYBOOK 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, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PLAYBOOK, its users and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.4 Health and Medical Disclaimer:
PLAYBOOK does not provide medical advice. PLAYBOOK only provides general information regarding health, wellness, and physical exercise through its Platform. You acknowledge and agree that the Platform is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that PLAYBOOK will not be liable for any injury, loss, or damages arising from your access or practice of the Platform’s health, wellness, and/or physical exercise content.
4.5 Repeat Infringer Policy:
In accordance with the applicable law, PLAYBOOK has adopted a policy of terminating, in appropriate circumstances and at PLAYBOOK’s sole discretion, users who are deemed to be repeat infringers. PLAYBOOK may also at its sole discretion limit access to the Platform and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third Party Websites
The Platform may provide, or third parties may provide, links or other access to other sites and resources on the Internet. PLAYBOOK has no control over such sites and resources and PLAYBOOK is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that PLAYBOOK will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Platform are between you and the third party, and you agree that PLAYBOOK is not liable for any loss or claim that you may have against any such third party.
6. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold PLAYBOOK and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any User Content, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of another.
7. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, PLAYBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.PLAYBOOK MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLAYBOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PLAYBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (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 PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL PLAYBOOK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PLAYBOOK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
You agree that PLAYBOOK, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if PLAYBOOK believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Platform, may be referred to appropriate law enforcement authorities. PLAYBOOK may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that PLAYBOOK may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that PLAYBOOK will not be liable to you or any third party for any termination of your access to the Platform.
10. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Platform and PLAYBOOK will have no liability or responsibility with respect thereto. PLAYBOOK reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
These Terms of Service constitute the entire agreement between you and PLAYBOOK and govern your use of the Platform, superseding any prior agreements between you and PLAYBOOK with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Kingdom of Bahrain without regard to its conflict of law provisions. The failure of PLAYBOOK to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is 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 of Service 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 Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of PLAYBOOK, but PLAYBOOK may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall PLAYBOOK be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform. No waiver of any terms will be deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
12. Questions? Concerns? Suggestions?