--- /dev/null
+Plex Terms of Service
+
+Revised July 10, 2015
+
+Thank you for using Plex! By accessing, using, downloading, or visiting
+any Plex “Service(s)”, which includes the Plex website, Plex software
+and products described here, and any other products or materials
+provided by Plex GmbH, a Swiss company, and its affiliates (together,
+“Plex”), you agree to the terms (“Terms”) listed in this agreement
+(“Agreement”). Plex reserves the right to amend these Terms at any time
+and without notice. Any revisions to the Terms will be posted on the
+Plex website. By continuing to access or use the Services, you accept
+any changes or revisions to the Terms.
+
+Plex Software
+
+A. Plex grants you a personal, non-commercial, worldwide, royalty-free,
+ revocable, non-transferable, non-sublicensable, and non-exclusive
+ license to use the software provided to you by Plex as part of the
+ Services (“Software”). This license is for the sole purpose of
+ enabling you to use and enjoy the benefit of the Services in the
+ manner permitted by these Terms.
+
+B. The Software includes certain executable modules that Plex has
+ licensed from third party providers (“Third Party Components”) that
+ may be subject to different end user license terms as specified in
+ the license agreement(s) provided with such Third Party Components.
+
+C. Except as provided in the next section, you may not, or allow anyone
+ else to, directly or indirectly to: (1) copy, modify, distribute,
+ sell, or lease any part of the Software; (2) reverse engineer,
+ disassemble, decompile, or otherwise attempt to discover the source
+ code or structure, sequence, and/or organization of all or any part
+ of the Software, unless laws prohibit those restrictions or you have
+ our written permission; (3) rent, lease, or use the Software for
+ timesharing or service bureau purposes; (4) develop any improvement,
+ modification, or derivative works of the Software, or include any
+ portion thereof in any other product, software, work, equipment, or
+ item (except that you may customize and/or modify the Software only
+ as set forth in the documentation or as authorized in any license
+ agreement of Plex’s third party licensors and applicable to Third
+ Party Components); or (5) allow the transfer, transmission, export,
+ or re-export of the Software or any portion thereof or any technical
+ data associated with any Software.
+
+D. Plex grants you a personal, non-commercial, worldwide, royalty-free,
+ revocable, non-transferable, non-sublicensable, and non-exclusive
+ license to reproduce the Plex Media Server Software (PMS Software) in
+ copies and distribute the copies to others, provided that: you may
+ not charge a fee for the PMS Software, and you may not individually
+ charge for installing it; you may copy, distribute and install the
+ PMS Software only as others actually need the PMS Software, and not
+ more than five (5) times per calendar day or more than twenty-five
+ (25) times per calendar month; you may not offer the PMS Software to
+ the public for downloading on or in connection with any commercial
+ online site, whether or not a fee is charged for the PMS Software;
+ you shall comply with all other terms and conditions set forth in
+ this document; you agree that Plex may revoke or terminate the
+ license granted to you under this paragraph at any time for any
+ reason in its sole discretion. As an example, this section is
+ intended to permit reasonable copying and distribution of the PMS
+ Software in connection with services such as home theater or home
+ media center installation in which you install the PMS Software on
+ the computers of your customers as a convenience in connection with
+ other services or products that you are providing to them, and/or in
+ Arch Linux repositories and similar distributions.
+
+E. You shall maintain and shall not remove nor obscure any
+ proprietary notices on the Software, and shall reproduce such
+ notices exactly on all permitted copies of the Software.
+
+F. You may reverse engineer the Software solely (1) as permitted by
+ applicable law, or (2) for the purpose of debugging modifications
+ made by you to certain third party files in source code format that
+ are licensed under the GNU Lesser General Public License (LGPL) or
+ under the GNU General Public License version 2 (GPL2) and only
+ provided that you have made, prior to any such reverse engineering
+ permitted under this sentence, unsuccessful prior reasonable good
+ faith efforts to debug such modifications using techniques other than
+ the reverse engineering of the Software.
+
+G. As between the parties and except as otherwise provided in any
+ license agreement for Third Party Components, Plex shall own all
+ title, ownership rights, and intellectual property rights in and to
+ the Software, and any copies or derivative works thereof, except that
+ by downloading the Software, you retain any title that you may own in
+ and to the recording media on which the Software is recorded.
+
+H. You understand that Plex or its licensors may modify or discontinue
+ offering the Services at any time.
+
+I. You shall not make, or assist others in making, any use of data
+ adapters or similar technologies used by or with the Services that
+ are designed to receive and use data from Plex, its third party data
+ providers, and their affiliates and third parties, other than to
+ receive and use such data in accordance with these Terms and your
+ agreement with the third party data providers, and their affiliates
+ and third parties, including without limitation any data passing
+ through the Services or otherwise effectively made available by any
+ Service through an API, a download, a database, or the like.
+
+J. This Agreement does not entitle you to any support, upgrades,
+ patches, enhancements, or fixes (collectively, “Support”) for the
+ Services. Any such Support for the Services that may be made
+ available by Plex, in its sole discretion, shall become part of the
+ Services and will be subject to these Terms.
+
+Data
+
+Data provided by Plex or other third party data providers may be
+delayed or unavailable as specified by Plex or such third party data
+providers. Plex does not verify any data provided by Plex or other
+third party data providers and disclaims any obligation to do so. Plex,
+its third party data providers, and each of their affiliates and
+business partners: (1) expressly disclaim the availability, accuracy,
+adequacy, or completeness of any data or third party data provider, and
+(2) shall not be liable for any errors, omissions, or other defects in,
+unavailability of, delays or interruptions in such data or third party
+data provider.
+
+Acceptable Use
+
+A. You may not, or allow anyone else to, use any of the Services to do
+ the following:
+
+ i. Infringe the intellectual property rights, proprietary rights,
+ or rights of publicity or privacy of any third party;
+
+ ii. Violate any law, statute, ordinance, or regulation, or perform
+ any other action that would incur civil liability or constitute
+ a crime;
+
+ iii. Disseminate, transfer or store information or materials in any
+ form or format that is harmful, threatening, abusive,
+ harassing, tortuous, defamatory, vulgar, obscene, libelous, or
+ otherwise objectionable, or that otherwise violate any law or
+ right of any third party; or
+
+ iv. Disseminate any software viruses or any other computer code,
+ files, programs, or the like that may without limitation
+ interrupt, destroy, or limit the functionality of any computer
+ software or hardware or telecommunications equipment, violate
+ the security of any computer network, or the like.
+
+B. If the occurrence of any prohibited use comes to our attention, we
+ reserve the right to disable any accounts associated with prohibited
+ use or otherwise terminate your access to the Services.
+
+Your Content
+
+A. You continue to retain any ownership rights you have in content you
+ make available via the Services, or otherwise use in conjunction with
+ the Services. However, by using the Services with particular content,
+ for example by using the Services to share particular content or
+ access particular content, you grant to Plex (and to each of the
+ third parties with whom we work to provide you with the Services) a
+ worldwide license to reproduce, modify, create derivative works,
+ transmit, publish, publicly perform, publicly display, distribute,
+ and otherwise use the particular content and metadata associated with
+ the content, such as images of you or images otherwise associated
+ with your account. The rights you grant us in this license are only
+ for the limited purpose of providing you with our Services. You may
+ not use the Services in connection with any content for which you do
+ not have the right to grant us this license.
+
+B. The Services may include features that allow you to share your
+ content with others. Please be careful when choosing to share content
+ with other users; Plex is not responsible for how others use your
+ content. Additionally, you hereby grant to any user with whom you
+ share content a non-exclusive license to access the content through
+ the Service, and to use, reproduce in copies, distribute, display and
+ perform the shared content as permitted through the functionality of
+ the Service and under this Agreement. You may not share any content
+ with others via the Services if you do not have the right to grant
+ this license to any user with whom you share the content.
+
+C. You understand that Plex may delete any content that you post in or
+ contribute to a message forum or similar service that Plex hosts, in
+ its sole discretion, for any reason.
+
+Content of Others
+
+A. You acknowledge that all content that you access through use of the
+ Software or other Services is accessed at your own risk, and you will
+ be solely responsible for any damage or liability to any party
+ resulting from such access.
+
+B. You understand that by using the Services you may encounter content
+ that you may find offensive, indecent, or objectionable. Plex does
+ not inspect, screen, or otherwise control the content that is posted,
+ shared or made available via the Services, and Plex does not
+ guarantee the accuracy, integrity or quality of such content.
+
+C. 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.
+
+Developers and Interfacing Software
+
+A. “Interfacing Software” means any software that you obtain or provide
+ and that accesses or calls any Software provided by Plex as part of
+ the Services including, but not limited to, plug-ins for the
+ Services, channel plug-ins, metadata agents, and client applications
+ that communicate directly or indirectly with the Services.
+
+B. By making, or assisting others in making, Interfacing Software, you
+ agree to the following terms:
+
+ i. You grant Plex and its affiliates worldwide a worldwide,
+ non-exclusive, and royalty-free right and license to use
+ (including testing, hosting and linking to), copy, publicly
+ perform, publicly display, reproduce in copies for
+ distribution, and distribute the copies of any Interfacing
+ Software made by you or with your assistance.
+
+ ii. You will include in the source code of the Interfacing
+ Software a copyright notice of the form: Copyright © <year>
+ <copyright holders>. You grant, and authorize Plex 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, subject to the following
+ conditions: The above copyright notice and this permission
+ notice shall be included in all copies or substantial portions
+ of the Interfacing Software. THE INTERFACING SOFTWARE IS
+ PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
+ IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
+ NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
+ HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
+ WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
+ FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
+ OTHER DEALINGS IN THE INTERFACING SOFTWARE.
+
+ iii. You may notify us if you do not wish for Plex to use,
+ distribute, copy, publicly perform, publicly display, reproduce
+ in copies for distribution, or distribute copies of any
+ Interfacing Software that was created by you. Plex will comply
+ with such a request but Plex must be granted a transition
+ period of thirty (30) days after receipt of the request to
+ comply.
+
+ A request to take down Interfacing Software must include (1) an
+ identification of the Interfacing Software you wish to be
+ removed; (2) your signature in either electronic or physical
+ form; and (3) the following statements:
+
+ i. “I swear under penalty of perjury that I am the owner of
+ the Interfacing Software or I am authorized to act on
+ behalf of the owner of the Interfacing Software.”
+
+ ii. “I swear under penalty of perjury that the information
+ in this notification is accurate.”
+
+ iv. You shall protect the privacy and legal rights of Plex users.
+ If the users provide, or the Interfacing Software accesses or
+ uses, user names, passwords, or other login information or
+ personal information, you must make the users aware that such
+ information will be available to the Interfacing Software, and
+ you must provide privacy notices and protection for those users
+ in compliance with applicable law. Further, the Interfacing
+ Software may use that information only for the limited purposes
+ for which the user has given you permission to do so. If the
+ Interfacing Software stores personally identifying information
+ of users or information that a reasonable user would consider
+ to be sensitive, then the Interfacing Software must do so
+ securely and only for as long as it is needed. However, if the
+ user has opted or entered into a separate agreement with you
+ that allows you or the Interfacing Software to store or use
+ personally identifying information of users or information that
+ a reasonable user would consider to be sensitive, then the
+ terms of that separate agreement will govern your use of such
+ information. If the user provides the Interfacing Software with
+ Plex account information, the Interfacing Software may only use
+ that information to access the user’s Plex account when, and
+ for the limited purposes for which, the user has given you
+ permission to do so.
+
+ v. Prohibited Uses. Plex prohibits performing certain actions
+ using the Interfacing Software. You shall not make, or assist
+ others in making, any Interfacing Software that:
+
+ i. Knowingly violates a third party’s terms of service;
+
+ ii. Violates any applicable laws or regulations;
+
+ iii. Interferes with, disrupts, damages, harms, or accesses
+ in an unauthorized manner the machines, hardware.
+ devices, servers, networks, data, or other properties or
+ services of any other party including, but not limited
+ to, Plex users, Plex or any network operator;
+
+ iv. Posts misleading information about an application’s purpose;
+
+ v. Infringes on the intellectual property rights of others; or
+
+ vi. Performs any other prohibited action listed under
+ “Acceptable Use” above.
+
+ vi. You will require your end users to comply with any applicable
+ law and these Terms. You will not knowingly enable your end
+ users to violate applicable law or these Terms.
+
+ vii. You shall indemnify and hold harmless Plex and its officers,
+ directors, employees, contractors, licensors, suppliers,
+ distributors, contractors, agents, and third party
+ contributors from any claims, damages, liabilities, costs and
+ fees (including reasonable attorney fees) arising from any use
+ of the Interfacing Software or from Plex’s distribution of the
+ Interfacing Software.
+
+ viii. Brand Features and Attribution
+
+ i. “Brand Features” is defined as the trade names,
+ trademarks, service marks, logos, domain names, and other
+ distinctive brand features of a party. Except where
+ expressly stated, these terms do not grant either party
+ any right, title, or interest in or to the other party’s
+ Brand Features. Any use by you of Plex’s Brand Features
+ (including any goodwill associated therewith) will inure
+ to the benefit of Plex. Plex Brand Features include the
+ Plex Play Logo (“>” in stylized format) and the
+ trademarks, trade names and designs as may be identified
+ from time to time in the Plex Trademark Notice that is
+ posted at https://www.plex.tv/about/privacy-legal/.
+
+ ii. You must seek prior written approval from Plex to
+ display Plex’s Brand Features, including for the purpose
+ of promoting or advertising that your Interfacing
+ Software is for use in conjunction with Plex Services.
+ Plex, in its sole discretion and in a separate writing
+ such as an e-mail from an authorized representative of
+ Plex, may grant you a revocable, non-transferable,
+ nonexclusive license, without right of sub-license, to
+ display Plex’s Brand Features for the purpose of
+ promoting or advertising that your Interfacing Software
+ is for use in conjunction with Plex Services. You
+ understand and agree that Plex has the sole discretion to
+ determine whether your attribution(s) and use of Plex’s
+ Brand Features are in accordance with the above
+ requirements and guidelines and that Plex may revoke the
+ license granted herein at any time, or may require you to
+ modify your use of Plex’s Brand Features, for any reason
+ in its sole discretion.
+
+ iii. You will not make any statement that suggests a
+ partnership with, sponsorship by, or endorsement by Plex,
+ without Plex’s express prior written approval.
+
+ iv. In the course of promoting, marketing, or demonstrating
+ the Services, Plex may produce and distribute incidental
+ depictions, including screenshots, video, or other
+ content from your Interfacing Software, and may use your
+ company or product name. You grant us all necessary
+ rights for the above purposes.
+
+Children
+
+While Plex does distribute products that may be used by children, the
+Services are not intended to be used by children, without involvement,
+supervision, and approval of a parent or legal guardian. Therefore, if
+an account owner sets parental controls or establishes sub-accounts
+that the account owner intends to permit a child to use, the account
+owner should not reveal the account password to the child. Plex and its
+contributors may not provide controls that restrict the maturity level
+of content available via Plex and an adult account owner has sole
+responsibility for determining what maturity level is appropriate for
+or accessible to any children whom the account owner permits to use the
+Plex service or a sub-account.
+
+NO WARRANTY
+
+A. PLEX SERVICES ARE PROVIDED “AS IS”. PLEX MAKES NO WARRANTY OF ANY
+ KIND, EXPRESS OR IMPLIED, AND PLEX EXPRESSLY DISCLAIMS ALL WARRANTIES
+ WITH RESPECT TO THE PLEX SERVICES, INCLUDING WITHOUT LIMITATION, ANY
+ IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
+ PURPOSE AND NONINFRINGEMENT. FURTHER, PLEX DOES NOT WARRANT AGAINST
+ ERRORS, OMISSIONS, RESULTS OF USE, OR THAT PLEX SERVICES ARE BUG FREE
+ OR ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF
+ WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. ALL THE
+ FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO PLEX’S
+ LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
+ PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
+ WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
+
+B. You agree that Plex and its officers, directors, employees, and
+ contractors are not responsible for any fault, inaccuracy, error,
+ omission, delay or any other failure of your equipment and/or
+ services caused by Plex’s hardware, software, cabling, network
+ services, or the like, or arising from Plex’s use of such equipment
+ and/or services.
+
+C. The above disclaimer of warranty applies to software developed by
+ Plex and any software developed by a third party and provided by Plex
+ including, but not limited to, Interfacing Software developed by any
+ Plex user.
+
+Limitation of Liability and Damages
+
+A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
+ LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
+ OTHERWISE, SHALL PLEX BE LIABLE TO YOU OR ANY OTHER PERSON OR
+ ENTITY: (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
+ DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
+ LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
+ COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR OTHER DAMAGES
+ RESULTING FROM YOUR USE OF THE SOFTWARE; OR (II) FOR ANY MATTER
+ BEYOND ITS REASONABLE CONTROL. PLEX’S AGGREGATE LIABILITY FOR DAMAGES
+ OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED
+ TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO PLEX (IF ANY) FOR THE
+ PORTION OF THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR $100
+ (U.S.), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE
+ PLEX’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY
+ SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN
+ IF EITHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
+ ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO PLEX’S
+ SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THIRD
+ PARTY CONTRIBUTORS. SOME STATES DO NOT ALLOW THE EXCLUSION OR
+ LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
+ LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
+
+B. The above limitations and exclusions apply to software developed by
+ Plex and any software developed by a third party and provided by Plex
+ including, but not limited to, Interfacing Software developed by Plex
+ user.
+
+Third-Party Materials
+
+This website and other Services may provide links to websites,
+software, or other materials provided by third parties. Plex does not
+endorse and is not responsible or liable for the availability,
+accuracy, safety, or intellectual property rights of or relating to
+such content. Plex is not liable for any harm caused by any such
+materials.
+
+Malware
+
+“Malware” means any known, discovered, envisioned, or invented, or any
+yet to be known, discovered, envisioned, or invented: (i) virus, Trojan
+horse, or any other harmful, harassing, or malicious software; or (ii)
+method, use, or means by which any software, firmware, equipment,
+device, communications medium, person, entity, or the like directly or
+indirectly engages in or is used for: (a) any unauthorized access; (b)
+any unauthorized communication; or (c) any cracks, hacks, exploits, or
+other activity, method, use, or means, that may cause harassment, harm,
+data loss, data theft, loss of communication, loss of privacy, or the
+like. You acknowledge that the Internet, Internet service providers,
+shared or dedicated telecommunication lines, wireless access points and
+wireless networks, other forms of communication, online resources
+including websites and cloud computing environments, or other means
+that you use to connect to the Software may not be secure and may be
+vulnerable to attack by third parties, and that it is possible to
+receive Malware by using the Internet, dedicated lines, other forms of
+communication, or other means. In order to protect the Software, you
+shall regularly obtain, use, and update appropriate third party
+software or other means to protect yourself from Malware and to detect
+and remove Malware that may be downloaded using the Internet, dedicated
+lines, other forms of communication, or other means. Plex does not
+warrant that the Software will be free of Malware including, but not
+limited to, Malware that is introduced by third parties, the Internet,
+dedicated lines, other forms of communication, or other means.
+
+Waiver and Indemnity
+
+You agree that Plex and its licensors, distributors, contractors,
+agents, and third party contributors shall have no liability whatsoever
+for any use you make of the Services. You shall indemnify and hold
+harmless Plex and its licensors, suppliers, distributors, contractors,
+agents, and third party contributors from any claims, damages,
+liabilities, costs and fees (including reasonable attorney fees)
+arising from your use of the Plex Services as well as from your failure
+to comply with any of the Terms, or any losses, damages, claims, costs,
+and/or attorneys’ fees arising from any use of or reliance upon any
+information received in connection with the Services that comprises or
+is based upon data provided by Plex or any third party.
+
+Termination of Services
+
+Plex may at any time, with or without cause and with or without prior
+notice, immediately terminate or suspend your Plex account or otherwise
+terminate or suspend your access to all or a portion of the Services.
+Cause for such termination may include: (a) violations of the Terms or
+any other policies or guidelines that are referenced herein; (b) a
+request by you to cancel or terminate your account; (c) a request
+and/or order from law enforcement, a judicial body, or other government
+agency; (d) where providing the Services to you is or may become
+unlawful; (e) unexpected technical or security issues or problems; or
+(f) your participation in fraudulent or illegal activities. Any such
+termination or suspension shall be made by Plex in its sole discretion
+and Plex will not be responsible to you or any third party for any
+damages that may result or arise out of such termination or suspension
+of your access to the Services.
+
+Miscellaneous
+
+A. This Agreement does not give you any rights not expressly and
+ unambiguously granted herein.
+
+B. No agency, partnership, joint venture, or employment is created as a
+ result of this Agreement and you do not have any authority of any
+ kind to bind Plex in any respect whatsoever.
+
+C. If any provision of this Agreement is found to be unenforceable or
+ invalid, that provision shall be limited or eliminated to the minimum
+ extent necessary so that this Agreement shall otherwise remain in
+ full force and effect and enforceable.
+
+D. This Agreement is not assignable, transferable, or sublicensable by
+ you except with Plex’s prior written consent. Plex may transfer,
+ assign, or delegate this Agreement and its rights and obligations
+ without consent.
+
+E. Plex’s failure to enforce any right or provisions in this Agreement
+ will not constitute a waiver of such or any other provision.
+
+F. This Agreement shall be governed by and construed in accordance
+ with the laws of the state of California, as if made within
+ California between two residents thereof, and the parties submit to
+ the exclusive jurisdiction of the Superior Court of Santa Clara
+ County and the United States District Court for the Northern District
+ of California. Notwithstanding the foregoing sentence, but without
+ limiting Plex’s right to seek injunctive or other equitable relief in
+ any court of competent jurisdiction, any disputes arising with
+ respect to this Agreement shall be referred to an arbitrator
+ affiliated with the Judicial Arbitration and Mediation Services, Inc.
+ (“JAMS”). 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 written decision of the arbitrator shall be final
+ and binding on the parties. The arbitration proceeding shall be
+ carried on and heard in Santa Clara County, California using the
+ English language and pursuant to the rules of (and administered by)
+ JAMS. In any action or proceeding to enforce rights under this
+ Agreement, the prevailing party will be entitled to recover costs and
+ reasonable attorneys’ fees from the other party. A separate written
+ license agreement or order and signed by Plex and you or your
+ company, employer, or principal may state other terms and conditions
+ that apply to you, including terms relating to price, payment,
+ delivery, confidential information, support services, and the like.
+ You are solely responsible to review such terms or conditions with
+ your company, employer or principal. In the event of any conflict in
+ terms, the terms of the separate license agreement shall supersede
+ the terms of this Agreement.
+
+G. Both parties agree that this Agreement is the complete and exclusive
+ statement of the mutual understanding of the parties and supersedes
+ and cancels all previous written and oral agreements, communications,
+ and other understandings relating to the subject matter of this
+ Agreement.
+
+Source: https://www.plex.tv/about/privacy-legal/plex-terms-of-service/
projects / gentoo.git / commitdiff