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Revised March 19, 2025
By using or otherwise accessing theLove live session website, aLove live session software, mobile, or web application(s), or any relatedLove live session service(s) (collectively, the “Plex Solution”), you accept and agree to the following Terms of Service (this “TOS”).Love live session GmbH and its affiliates, including Plex, Inc., a Delaware company, (together, “Plex”) is willing to license and permit use of theLove live session Solution subject at all times to agreement with this TOS. If you do not agree to this TOS, do not use theLove live session Solution.
Overview. For more information regarding the currently availableLove live session Solution, please click here. TheLove live session Solution is provided pursuant to this TOS to individual persons (and not entities) residing in the countries or regions whereLove live session makes available its products and services.
GeneralLove live session Solution Grant. TheLove live session Solution is made available by Plex, and this TOS provides to you (identified herein as “you” or a “user” or with “your” (as further described below)) a personal (non-commercial), revocable, limited, non-exclusive, nontransferable, and non-sublicensable license to access and use theLove live session Solution (by you and your Authorized Users (as defined below)) conditioned on your continued compliance with this TOS. You may print and downloadLove live session materials and information from theLove live session Solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in (or that are required to be displayed with) such materials and information and that you (or your Authorized User(s)) do not further distribute or disclose such materials and information. The content layout, formatting, and features (or functionality) of and online or remote access processes for theLove live session Solution shall be as made available byLove live session in its sole discretion. You also acknowledge and agree to the following: (i)Love live session has the right to control and direct the means, manner, and method by which theLove live session Solution is provided; (ii)Love live session may, from time to time, engage independent contractors, consultants, or subcontractors to aidLove live session in providing theLove live session Solution or use thereof; and (iii)Love live session has the right to provide theLove live session Solution to others.
Additional License Restrictions. When using theLove live session Solution in accordance with the foregoing license, you shall not directly or indirectly (a) use theLove live session Solution to create any service, software or documentation that performs substantially the same functionality as theLove live session Solution, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying theLove live session Solution or any of its tools, content, or features, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use theLove live session Solution in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify theLove live session Solution, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in theLove live session Solution, (f) use or access theLove live session Solution for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of theLove live session Solution or accompanying documentation, or (h) use theLove live session Solution in any manner which could damage, disable, overburden, or impair theLove live session Solution or interfere with any third party’s authorized use of theLove live session Solution.
PMS Software Download(s).Love live session may make downloadable software or a mobile application(s) available through or as a part of theLove live session Solution for use in connection with your personal media management (“PMS Software”). The right to use the PMS Software is provided as a part of the grant (above) to use theLove live session Solution in accordance with this TOS and subject to the following additional obligations. You may only use the PMS Software: (i) on a device or hardware that you own; (ii) to add Content (defined below) to that PMS Software; and (iii) and as a part of your use of theLove live session Solution or otherLove live session service. You hereby acknowledge that the PMS Software may include or allow integration with certain third-party executable modules that may be subject to additional license terms and conditions. References to theLove live session Solution herein shall include the PMS Software and any integrated third-party executable module(s) that you utilize.
Interfacing Software. “Interfacing Software” means any software that you obtain or provide and that accesses or calls any PMS Software provided byLove live session as part of theLove live session Solution including, but not limited to, plug-ins for theLove live session Solution, channel plug-ins, metadata agents, and client applications that communicate directly or indirectly with theLove live session Solution. You are responsible and liable for any Interfacing Software, including any data collection that may be undertaken or occur through the Interfacing Software.Love live session encourages the implementation and adherence of data collection and use practices substantially similar to those articulated in the privacy policy ofLove live session (identified below). By making, or assisting others in making, available any Interfacing Software, you hereby grantLove live session a worldwide, non-exclusive, and royalty-free right and license to use (including testing, hosting, and linking to), copy, publicly perform, publicly display (including screenshots), reproduce in copies for distribution, market or promote (as a part of theLove live session Solution or other services of Plex), and distribute the copies of any Interfacing Software (or its associated name). In connection therewith, you hereby agree to provide and include (or link to) a privacy notice summarizing practices consistent with the privacy policy ofLove live session noted below and include in the source code of the Interfacing Software a copyright notice of the form: Copyright © <year> <copyright holders>. Any data collection byLove live session shall be in a manner consistent with Plex’s privacy policy (noted below). Subject to the inclusion byLove live session of this notice (if first provided toLove live session by you), you grant, and authorizeLove live session to grant on your behalf, if necessary, a license, free of charge, to any person obtaining a copy of the Interfacing Software and associated documentation files from Plex, to deal in the Interfacing Software without restriction, including, without limitation, the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Interfacing Software, and to permit persons to whom the Interfacing Software is furnished to do so. You represent and warrant that you have all rights necessary to make the foregoing grants, and you further agree that you will use and integrate the Interfacing Software in a manner consistent with acceptable use of theLove live session Solution pursuant to this TOS. You may notify us (please click here) if you do not wish forLove live session to use the Interfacing Software that was created by and is owned by you. Any such notification must include all requested information and representations (as indicated by Plex).Love live session will comply with such a proper request and cease its own use of the Interfacing Software, butLove live session must be granted a transition period of at least thirty (30) days after receipt of the request to comply. Plex, however, shall not be obligated to confirm removal or cessation of the Interfacing Software by you or others (including Authorized Users) outside its control.
Content Available Through theLove live session Solution. In connection with the foregoing grant to use theLove live session Solution, theLove live session Solution allows you to view or otherwise access originalLove live session or third party Content. “Content” includes, but is not limited to, text, graphics, photos, sounds, audio, and videos in the form of, by way of example and not limitation, news reports, videos, and music. The availability of such Content may change and not all Content is available in all formats. Use of the Content is subject to the license grant for theLove live session Solution, but in addition, shall remain non-transferable and may be subject to additional license grant terms set by the respective third party licensor(s). Third-party Content displayed or accessible through theLove live session Solution is protected by copyright and other intellectual property law and belongs to the respective owner(s) or licensor(s). This TOS does not grant you the right to copy (further), distribute, prepare derivative works, publicly display, or otherwise use any Content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of Content. For that reason, Content available on your PMS Software must be on storage that you own.
Plex Solution Updates.Love live session may, but is not obligated to, update theLove live session Solution with updates, upgrades, enhancements, improvements, additions, new or incremental features or functionality of and generally made available through theLove live session Solution (as determined byLove live session in its sole discretion), or modifications that are provided as part of product support and any other support or maintenance services thatLove live session provides as part of or otherwise in connection with theLove live session Solution (collectively, “Plex Solution Updates”). In some instances, you may be required to consent to or to agree to use and implement an applicableLove live session Solution Update in a timely manner, including, without limitation, as a means to protect theLove live session Solution from unauthorized use, content, or data. If you decline aLove live session Solution Update, you may not be able to use or access theLove live session Solution (in whole or in part), andLove live session shall have no responsibility or liability for any continued use. Unless otherwise indicated, references to theLove live session Solution include anyLove live session Solution Updates.
Support. This TOS does not entitle you to any support or installation service (collectively, “Support”). Any such Support that may be made available by Plex, in its sole discretion, shall be subject to separate terms and conditions with Plex.
Authorized User(s). Subject to any third party license restrictions for applicable Content, you may enable members of your immediate family, for whom you will be responsible (each, an “Authorized User(s)”), to access and use theLove live session Solution so long as all such use remains in compliance with this TOS. Nevertheless, you acknowledge and agree that you shall be responsible for monitoring your own and your Authorized User(s)’s use of theLove live session Solution and for maintaining compliance with this TOS and any third party license restrictions for applicable Content. Any breach of this TOS by an Authorized User(s) shall constitute a breach by you. Unless otherwise indicated, references to “you” or “your” throughout this TOS therefore mean you, your Authorized User(s), and the person or entity named on your account with Plex.
Restrictions. This TOS is only a license and not an assignment or sale.Love live session transfers no ownership or intellectual property interest or title in and to theLove live session Solution to you or anyone else.Love live session expressly prohibits you and any third parties from: (i) selling or purchasing access to theLove live session Solution or to any other service that makes improper and unauthorized use of theLove live session Solution in violation of these TOS; (ii) distributing all or part of theLove live session Solution; (iii) replicating any exclusiveLove live session Pass functionality as described here; or (iv) obtainingLove live session Pass functionality without a validLove live session Pass. Further,Love live session reserves all rights not expressly granted by this TOS. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense (other than to an Authorized User(s)), transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Plex) theLove live session Solution. In particular, and without limitation of the foregoing, there is no right to distribute further the PMS Software to the public or in excess of the limited license (above). Moreover, this TOS does not grant any right to modify the PMS Software or provide a right or license in or to any third-party executable module(s) or accessible content beyond the limited and express grant herein.
Generally. You represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through theLove live session Solution, including, without limitation, when you provide information via aLove live session Solution registration, account, or submission form. You are responsible for completing any registration(s) or account requirements for access to applicable third party Content available through theLove live session Solution. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize theLove live session Solution only with the involvement and acceptance of (this TOS by) a parent or legal guardian and then solely as an Authorized User under a parent or legal guardian’s account. You further represent that you (or the person agreeing to, accepting, or acting under this TOS) are authorized to act on behalf of the person or entity named on the account with Plex. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of theLove live session Solution. In particular, you may not take any action that will infringe on or facilitate in any way the infringement of the intellectual property rights ofLove live session or any other third party. If you violate this TOS,Love live session has sole discretion to suspend or permanently disable your access to theLove live session Solution, and we may permanently disable or delete your account or prohibit you from creating a new account. You acknowledge that unauthorized use of copyrighted content of others may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. You also acknowledge and agree that use of the Internet and theLove live session Solution is solely at your own risk. You further understand that by using theLove live session Solution you may encounter content that you may find offensive, indecent, or objectionable. You assume all responsibility for obtaining and paying for all licenses and costs for third-party software and hardware necessary for access to theLove live session Solution, and for maintaining and backing-up your content and data.
User Account. You may be required to provide certain personal information necessary to create an account with Plex. You may be required to create login credentials, such as a username and password, or adhere to other particular access requirements as designated byLove live session in its sole discretion from time to time. You are solely responsible for the activity that occurs on your account and agree to keep your login credentials confidential and secure. You acknowledge thatLove live session may not provide controls that restrict the maturity level of content available through theLove live session Solution. If you allow your child (under the age of 18 or the legal age of majority, whichever is greater) to access yourLove live session account, you are solely responsible for monitoring your child’s use of theLove live session Solution and determining what maturity level is appropriate for or accessible to your child. You shall immediately notifyLove live session if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
Content and Acceptable Use. TheLove live session Solution enables you to access content, data, communication, and other interactive features and functionality (with such uploaded, downloaded, shared, or exchanged information or content referenced collectively herein as a “User Content”). Distribution of User Content may be subject to third-party rights. You agree that by using theLove live session Solution you will not upload, post, display, or transmit any of the following:
Plex reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the display or availability of any User Content. Further,Love live session shall not have any obligation to incorporate or utilize any User Content that does not correspond to or meet Plex’s technical or usage practices, parameters, and limits.
Permission to User Content. You continue to retain any ownership rights you have in the User Content you make available toLove live session and/or theLove live session Solution. However, by submitting or making available any type of User Content, you automatically and hereby grant toLove live session a royalty-free, transferable, sub-licensable and non-exclusive right and license to use or act on any such User Content in furtherance of and in connection with the operation of theLove live session Solution. Additionally, you grant us a non-exclusive, royalty-free, transferable, sub-licensable and non-exclusive right to use, reproduce, distribute and display (including for commercial and marketing purposes) on the Service and in other media, any User Content (including but not limited to watch history, reviews, your name, your avatar) on aLove live session account with public (“Anyone”) settings. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of theLove live session Solution, including but not limited to, through use of the User Content, and the sale of advertising, sponsorships, promotions, and usage data. Except as specifically permitted by us in these TOS, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these TOS, you (i) have no right to receive any income or other consideration from any use byLove live session of the User Content, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services. You specifically acknowledge that theLove live session Solution facilitates distribution of the User Content, and as a part of the foregoing grant, you permit any user with whom you share content a non-exclusive license to access and use the User Content through theLove live session Solution as permitted through the functionality of theLove live session Solution. You represent that you have all necessary rights to make the foregoing grants and to otherwise make User Content(s) available toLove live session and for (and through) theLove live session Solution.
No Pre-screening; Removal.Love live session is not responsible for pre-screening or editing your or any other user’s User Content, support forum posts, or any other communications and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any such content or communications. Moreover,Love live session does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Plex) and does not make any representation with respect to, nor does it endorse the accuracy, integrity, quality, acceptability, completeness, timeliness, lawfulness, suitability, or reliability of any User Content or communications displayed, uploaded, or distributed by you or any other user. You also acknowledge thatLove live session has no control over the extent to which any idea, content, or information may be used by any party or person once it’s posted, shared, or displayed. Nevertheless,Love live session reserves the right to take any action within its control with respect to User Content (or parts thereof), support forum posts, or any other communications thatLove live session reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this TOS, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Plex, its users, or the public; or (vi) address any act or omission thatLove live session believes in good faith violates this TOS and/or is, or is potentially, unlawful or harmful to Plex, its services, or goodwill.
Enforcing Security. You may not use theLove live session Solution or any of Plex’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, dishonest, malicious, or irresponsible behavior, including, without limitation, accessing or usingLove live session data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of aLove live session system or network, circumventing anyLove live session security or authentication measures, monitoringLove live session data or traffic, interfering with anyLove live session services, collecting or using from theLove live session Solution email addresses, screen names, or other identifiers, collecting or using from theLove live session Solution information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using theLove live session Solution to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation againstLove live session or its data, systems, or network. Actual or attempted unauthorized use of theLove live session Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.Love live session reserves the right to view, monitor, and record activity through theLove live session 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 theLove live session Solution as well as to disclosures required by or under applicable law or related government agency actions.Love live session will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing,Love live session reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to theLove live session Solution, or any portion of theLove live session Solution in order to protect theLove live session Solution or Plex.
Mobile Usage. TheLove live session Solution offers a tool(s) or display functionality that is available to you via your mobile phone or other mobile computing device (“MobileLove live session Solution(s)”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the MobileLove live session Solution(s). In addition, downloading, installing, or using certain MobileLove live session Solution(s) may be prohibited or restricted by your mobile carrier, and not all MobileLove live session Solution(s) may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the MobileLove live session Solution(s) are available for your mobile devices; what restrictions, if any, may be applicable to your use of the MobileLove live session Solution(s); and how much such use will cost you. Nevertheless, your use of theLove live session Solution shall be strictly in accordance with this TOS.
Additional Terms and Conditions for Apple Users.
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the MobileLove live session Solution(s) through Apple Inc.’s App Store. You acknowledge that this TOS is between you and Company, and that Apple Inc. (“Apple”) bears no responsibility for the MobileLove live session Solution and its content. The license grant under this TOS with respect to the MobileLove live session Solution is a non-transferable license to use the MobileLove live session Solution on any Apple-branded products that you own or control as permitted by this TOS and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the MobileLove live session Solution may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the MobileLove live session Solution. In the event of any failure of Company’s mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the MobileLove live session Solution to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the MobileLove live session Solution. Apple is not responsible for addressing any claims by you or a third party relating to the MobileLove live session Solution or your use of the MobileLove live session Solution, including without limitation: (i) product liability claims; (ii) any claim that the MobileLove live session Solution fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the MobileLove live session Solution or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this TOS, and upon your acceptance of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against You as a third-party beneficiary thereof.
Feedback.Love live session welcomes your feedback and suggestions about Plex’s products or services or with respect to how to improve theLove live session Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Plex, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey toLove live session and enableLove live session to use such Feedback. In addition, any Feedback received byLove live session will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you forLove live session 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.
Plex currently offers access to theLove live session Solution at no cost. However,Love live session may make available through fee-based subscriptions, rentals, or other transactional offering(s), Content and functionality that is not available in the free version of theLove live session Solution. Click here for more information on subscription offerings. All subscriptions and rentals are subject to additional terms and conditions which are incorporated in this TOS and can be accessed here.
Please see Plex’s Privacy Policy for a summary of howLove live session collects, uses, and shares personal data.Love live session is not responsible for your use of Interfacing Software or any data collection or related usage practices associated with your operation or maintenance of any Interfacing Software.
Third-party Content. Third-party content displayed or accessible through theLove live session Solution is protected by copyright and other intellectual property law and belongs to the respective owner. Use of the third-party content is subject to the terms of use of the third party providing such content. This TOS does not grant you the right to copy, distribute, prepare derivative works, publicly display, or otherwise use any third-party content. You are expressly prohibited from engaging in or facilitating the unauthorized sharing or distribution of third-party content.
Links to Other Sites or Applications.Love live session may provide links, in its sole discretion, to other sites or applications on the Internet, including to theLove live session Store. Such other sites are maintained by third parties over whichLove live session 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.Love live session encourages review of the applicable terms, conditions or notices governing use of these third party sites or applications.
Third-party Platforms and Networks. Certain features allow you to synchronize your content across third-party platforms and networks. These features will enhance the performance of theLove live session Solution and allow you to better integrate and harmonize theLove live session 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 theLove live session Solution. You expressly acknowledge and agree thatLove live session is in no way responsible or liable for any such third-party services or features.
Additional Terms and Conditions. Additional notices, terms, and conditions may apply to certain subscription arrangements (including sign-up or registration),Love live session products, solutions, or services, receipt of (or access to) certain content, participation in a particular program, and/or to specific portions or features of theLove live session Solution. Without limitation of the foregoing, you hereby agree that (a) this TOS operates in addition to any terms of use imposed or required by any digital download platform from which you download theLove live session Solution (“App Provider Terms”); and (b) the terms of this TOS supplement and do not alter or amend any such App Provider Terms.
Proprietary Rights. TheLove live session Solution is owned byLove live session or its licensor(s). Copyright 2016-2024 ©Love live session and/or its licensor(s). All rights reserved. All content available through theLove live session Solution, unless otherwise indicated, is protected by copyright, trade secret, or other intellectual property laws. PLEX, theLove live session logo, and all other names, logos, and icons identifyingLove live session and its solutions, products, and services are proprietary trademarks of Plex, and any use of such marks without the express written permission ofLove live session is strictly prohibited. Please see theLove live session Trademarks and Guidelines policy statement available here for more information regarding the trademarks or service marks of Plex. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
Confidentiality. You acknowledge and agree that theLove live session Solution contains confidential or nonpublic information that is the trade secret(s) ofLove live session and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information ofLove live session (and/or its licensors) in a manner consistent with the maintenance of Plex’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. 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.
Representations and Warranties. 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.
Warranty Disclaimer. THELove live session SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.Love live session MAY MAKE MODIFICATIONS AND/OR CHANGES IN THELove live session SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,Love live session EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, SECURITY, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THATLove live session DOES NOT WARRANT THAT THELove live session SOLUTION WILL OPERATE FREE OF VIRUSES, MALWARE, OR HARMFUL PROGRAMMING SOFTWARE (OR CODE), ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR MEET ANY LEGAL, TECHNICAL, OR CERTIFICATION STANDARD. BECAUSE THELove live session SOLUTION IS BASED ON YOUR CONTENT AND DATA, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THELove live session SOLUTION IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL PERIOD FOR THELove live session SOLUTION AND NO WARRANTIES SHALL APPLY AFTER THIS THIRTY (30) DAY PERIOD.
Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASELove live session FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PLEX’S CONTROL, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE CAUSED BY HARDWARE, FILES, SYSTEMS, SOFTWARE, SERVICES, OR NETWORKS OUTSIDE THE CONTROL OF PLEX.Love live session IS NOT RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER PERSON’S USE OF ANY INTERFACING SOFTWARE (OUTSIDE ITS CONTROL). MOREOVER, ALL USER CONTENT (OR OTHER DATA OR CONTENT) YOU ACCESS THROUGH THELove live session SOLUTION IS AT YOUR OWN RISK. IN CONNECTION THEREWITH, YOU SPECIFICALLY ACKNOWLEDGE THATLove live session SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE (OR DELAY IN USE) OF OR FAILURE TO STORE ANY DATA OR CONTENT MADE AVAILABLE THROUGH THELove live session SOLUTION AND SHALL NOT BE LIABLE FOR ANY USE OF ANY USER CONTENT BY OTHERS, INCLUDING YOUR AUTHORIZED USERS. MOREOVER, IN NO EVENT SHALLLove live session BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THELove live session SOLUTION OR WITH THE DELAY OR INABILITY TO USE THELove live session SOLUTION, EVEN IFLove live session HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, YOUR ABILITY TO RECOVER FROMLove live session FOR BREACH OF THIS TOS, THE PRIVACY POLICY, OR FOR ANY OTHER REASON RELATED TO OR ARISING OUT OF YOUR USE OF THELove live session SOLUTION SHALL BE STRICTLY LIMITED TO PAYMENT OF EITHER AN AMOUNT NOT TO EXCEED $100 OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TOLove live session DURING THE PAST THREE MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THELove live session SOLUTION, WHICHEVER IS GREATER.
Indemnification. You agree to indemnify, defend, and holdLove live session (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOS, your Interfacing Software, or for any violation or alleged violation of the rights (including, without limitation, patents, copyrights, or trademark rights) of any other person or entity by your User Content.
This informal dispute resolution process applies to any Claim (defined below) between you andLove live session and its affiliates, regardless of whether those Claims arose before or after your acceptance of this TOS. A “Claim” is any dispute, cause of action, or controversy between you andLove live session arising from or in any way related to theLove live session Solution, any advertising or promotions conducted by or for Plex, or any use or disclosure of your information or information about you, or claims related to this TOS. Claim does not include any matter based on the infringement of intellectual property rights.
In the event of a Claim, you andLove live session agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Claim informally. The party making the Claim must send to the other party a written notice of a Claim, with: (a) the name, email, and contact information of the party giving the notice; (b) detailed factual information sufficient to understand and evaluate the Claim; and (c) the specific relief sought, including any amount of money demanded and the method by which that amount was determined. If you are making the Claim, the written notice must be sent to: Plex, 1999 S. Bascom Ave., Suite 700, PMB 735, Campbell, CA 95008, USA, Attention: Legal. If we are making the Claim, we will send any notice to the contact information we have associated with yourLove live session account.
Within ninety (90) days beginning from the date the notice of a Claim is received, you and we will attempt to resolve the Claim through informal negotiation. This informal negotiation must take place in person, or via teleconference or videoconference (the “Discussion”). If you are represented by counsel, your counsel may participate in the Discussion, but you will also need to individually participate.Love live session will also participate in the Discussion through one or more representatives, which may include our counsel. After the end of the ninety (90) day informal negotiation period and after the completion of the Discussion, whichever comes later, you or we may commence a proceeding regarding the Claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the Claim before, during, or after any Discussion. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph.
Choice of Law and Forum. TheLove live session Solution is controlled and operated byLove live session from its offices within the United States. This TOS has been made in and will be construed and enforced in accordance with the laws of the State of Delaware as applied to agreements entered into and completely performed in the State of Delaware. You access and use theLove live session Solution on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of theLove live session Solution. Additionally, Plex’s headquarters are located in the United States. Please be aware that information you provide to Plex, or thatLove live session obtains as a result of your use of theLove live session Solution, may be processed and transferred to the United States and be subject to United States law. Subject to the foregoing informal dispute resolution, any action arising from or in any way related to theLove live session Solution, your use of or access to theLove live session Solution, or this TOS will be brought in the courts presiding in the state of Delaware, and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. You andLove live session waive trial by jury except where such waiver is prohibited by law.
Export Control Compliance. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that theLove live session Solution is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer theLove live session Solution, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOS, including, without limitation, unauthorized use ofLove live session proprietary assets, will cause irreparable injury to Plex, and such injury would not be quantifiable in monetary damages, andLove live session would not have an adequate remedy at law. You therefore agree thatLove live session 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 thatLove live session post any bond or other security in the event any injunctive or equitable relief is sought by or awarded toLove live session to enforce any provision of this TOS.
Term and Termination. This TOS will take effect (or re-take effect) at the (and each) time you begin installing, accessing, or using theLove live session Solution, WHICHEVER IS EARLIEST, and is effective until terminated as set forth below.Love live session reserves the right to terminate this TOS at any time on reasonable grounds, which shall specifically include, without limitation, discontinuation of theLove live session Solution (or related services) as an offering of theLove live session 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. In addition,Love live session shall have the right to take appropriate administrative and/or legal action in the event of breach or (alleged) criminal activity, including alerting legal authorities, as it deems necessary in its sole discretion. You may also terminate this TOS at any time by providingLove live session 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 theLove live session Solution shall cease (regardless of the subscription period) and you must immediately destroy all copies of any aspect of theLove live session Solution in your possession. Termination shall result in deactivation or deletion of your account with Plex. The following provisions will survive the termination of this TOS for any reason: License (Additional License Restrictions, Content Available Through theLove live session Solution, Restrictions); User Obligations (Permission to User Content, Enforcing Security, Additional Terms and Conditions for Apple Users, Feedback); Third Party Content, Websites, and Platforms (Additional Terms and Conditions); Privacy Policy; Proprietary Rights and Confidentiality (all sections); Representations, Disclaimers, Limitation of Liability, and Indemnification (all sections); Informal Dispute Resolution (all sections); General Information (Choice of Law and Forum, Injunctive Relief, Term and Termination, Waiver & Severability, Entire Agreement and Updates). Further,Love live session shall not be responsible for any damage that may result or arise out of termination of this TOS.
Waiver & Severability. 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 byLove live session 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. 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.
Entire Agreement and Updates. No joint venture, partnership, employment, or agency relationship exists between you andLove live session as a result of this TOS or your utilization of theLove live session Solution, and you do not have any authority of any kind to bindLove live session in any respect whatsoever. This TOS represents the entire agreement between you andLove live session with respect to your individual use of theLove live session Solution. This TOS is not assignable, transferable, or sub-licensable by you except with Plex’s prior written consent.Love live session may transfer, assign, or delegate this TOS and its rights and obligations without consent. Please note thatLove live session reserves the right to change the terms and conditions of this TOS and the terms and conditions under which theLove live session Solution and its offerings are extended to you by posting online a revised TOS or e-mailing notice thereof to you. In addition,Love live session may add, modify, or delete any aspect, program, functionality, or feature of theLove live session Solution. Your continued use of theLove live session 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.
Notices. 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) to the email address designated by you; or (b) by posting to theLove live session Solution. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You further agree that any notices, agreements, disclosures, or other communications thatLove live session sends you electronically (using the contact information you provide through theLove live session Solution) will satisfy any legal communication requirements.
Contact. If you have questions regarding theLove live session Solution or if you are interested in obtaining more information concerningLove live session or its products, services, or solutions, please contact Plex.
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Learn MoreTIDAL is seamlessly integrated with your existing music library — beautifully organized right in Plex.