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Terms and Conditions

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License AgreementPrivacyTerms and Conditions

Introduction


These Terms of Use (the "Agreement") are a contract between you and ClearPlay Inc. ("ClearPlay") and govern your access to and use of the ClearPlay Chrome extension, the ClearPlay website located at www.clearplay.com and all other ClearPlay-branded websites, the ClearPlay Filters (“Filters)”), The Filter updating service for ClearPlay Blu-ray and DVD players (“Players”), and all other software applications
and online services provided by ClearPlay (collectively, the "Service").


By using any portion of the Service, you (“Licensee”) agree to comply with and be bound by this Agreement. You must be an individual and at least 18 years old, or the age of majority in your state, province, or country of residence, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with
ClearPlay. If you use the Service, you represent that you have the capacity to be bound by this Agreement. The Service is for personal, non-commercial use. You agree that you are not using the Service for or on behalf of any third-party, or for any commercial purpose.


When the Service requires or includes downloadable Filters and any other software (the “Software”), this Software may download and/or update automatically o
n your Player, computer or other devices once a new version or features become available to you.


ClearPlay gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided by ClearPlay as part of the Service. You may not copy, modify, distribute, sell, or lease any part of our Service or included Software, nor may you reverse engineer or attempt to extract the source code of the Software, unless local laws prohibit those restrictions or you have our written permission.


YOUR RIGHT TO USE THE SERVICE IS GRANTED SOLELY PURSUANT TO THE TERMS OF THIS AGREEMENT.


Internal Use Rights


Licensee is hereby granted a limited, non-exclusive, non-transferable, non-sublicensable right and license to the Software downloaded onto your computer, Players or other devices or while using the Service. This is a license not a sale and you understand that except for the foregoing limited license grant, you obtain no other rights in the Software.


ClearPlay does not provide any content licensing for playback of associated multimedia. These licenses must be obtaining separately by the Licensee.


Restrictions

Using our Service does not grant you ownership of any intellectual property rights in our Service or Software. The Terms do not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that is not the property of ClearPlay.
These types of content are the sole responsibility of the entity that makes it available.


Licensee shall not, and shall not attempt to or permit any third party to (i) copy the Software; (ii) reverse engineer, reverse assemble, decompile, or attempt to derive source code from the Software (except to
the extent any of the foregoing restrictions are prohibited by applicable law) or (iii) attempt to circumvent any software protection mechanisms in the Software.

Monthly Membership


The monthly ClearPlay membership gives you unlimited use of Services for the period of one month. Monthly ClearPlay memberships will renew automatically and will be billed in advance following any free trial period. The ClearPlay monthly membership may be cancelled at any time. Upon cancellation
you will continue to have access to the Services until the end of your current membership period and you will not receive a refund for the remainder of the current membership period.


Prepaid Membership


Prepaid ClearPlay membership gives you unlimited use of the Services for the number of months being prepaid. Prepaid memberships will convert to a monthly membership at the expiration of the prepaid
period.


If you are unsatisfied within the first 30 days of the prepaid period you may cancel the prepaid membership for a full refund.


Restrictions


ClearPlay membership is for your personal and non-commercial use only and may not be shared with individuals beyond your immediate household.


Free Membership Trial


Monthly ClearPlay membership may be offered with a free trial for a limited period of time. You will not be charged until the free trial has expired. On the last day of the free trial period, unless you cancelled your monthly membership, your membership will renew automatically and you will be
charged for the next month of membership.


ClearPlay Blu-ray Players 30-Day Satisfaction Guarantee:


Any ClearPlay Player ordered directly from www.ClearPlay.com can be returned within the first 30 days from the date of receipt for a full refund, including any membership purchased within said 30 days.
90-Day Full Warranty:


Any ClearPlay Player purchased from www.ClearPlay.com that becomes defective or inoperative within the first 90 days of purchase will be replaced with a new, refurbished or comparable product (whatever
is deemed necessary). Your cost is limited to the prepaid cost of shipping the product to the customer service center. Replacement products are warranted for the balance of the original warranty period. See
the Blu-ray/DVD player User's Manual for full warranty information.


Disclaimer of Representations and Warranties


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. CLEARPLAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

CLEARPLAY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.


CLEARPLAY DOES NOT WARRANT THAT:

1. THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS AT ALL TIMES;
2. THE SERVICE WILL BE ERROR-FREE AND ALL ERRORS IN THE SERVICE WILL BE CORRECTED;
3. THE SERVICE WILL BE UNINTERRUPTED.


Limited Liability for Our Service


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE “AS IS”. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:


WHEN PERMITTED BY LAW, CLEARPLAY AND ITS SERVICE PARTNERS, LICENSORS, EMPLOYEES, AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.


YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS.

ALL CONTENT DOWNLOADED, UPLOADED AND/OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR DEVICES, INCLUDING BUT NOT LIMITED TO, LAPTOP COMPUTERS, DESKTOP COMPUTER, TABLETS, SMARTPHONES AND SMARTWATCHES, OR ANY DATA LOSS RESULTING FROM DOWNLOAD OR USE OF ANY SUCH ABOVE MENTIONED MATERIAL. NONE OF THE SUPPLIERS OF THE SERVICE OR SOFTWARE SHALL BE LIABLE TO ANY PARTY (INCLUDING LICENSEE) FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE.


Your Log-In and Account Information


You agree and understand that you are responsible for maintaining the confidentiality of your Log-in ID, email address, password and any other personal identifying information or other codes used to access your ClearPlay account or the Service ("Log-In Information"). If you become aware of any unauthorized
use of your Log-In Information, you agree to notify ClearPlay immediately.


Accurate records enable ClearPlay to provide the Service to you. You agree to keep your email address, your other contact information and any payment information in your ClearPlay account profile accurate
and up-to-date. If you do not do this, the accuracy and effectiveness of the Service to you will be affected and you may not receive account notices that we deliver to you. If you fail to keep your contact information updated, you will still be deemed to have received any notices we deliver to the email address you last provided.


Electronic Notices


By providing us with your email address, you agree to receive all account related notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. If you do not want us to use your information in this way, please click "Unsubscribe" in any e-mail communications we send you.


Third Party Beneficiary


ClearPlay shall be a direct and intended third party beneficiary of this Agreement and may enforce it directly against any Licensee.


Change of Terms of Service


From time to time, ClearPlay may modify existing terms and/or update these terms with additional terms that apply to the Service. Note, changes will not apply retroactively. Changes addressing new functions for the Service or changes made for legal reasons may be effective immediately. You should
discontinue your use of our Service if you do not agree with updated/modified Terms.


General


This Agreement is governed by the laws of the State of Utah without regard to its conflict of law rules. This Agreement is the entire agreement between ClearPlay and Licensee. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will
remain in full force.

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