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BubblePly.com - Terms of Use Agreement
PLYmedia Inc. ("PLYmedia") develops interactive tools that enhances a video and moving pictures and enriches the viewer’s experience. PLYmedia has established BubblePly.com to enable individual users to explore their creativity, to understand how people interact with a video and to create layers of commentary and discussion ("Bubbles") which are synchronized to a moving picture. PLYmedia, www.bubbleply.com, www.subply.com (collectively referred to as the "the Website") sets the following Terms of Use for its service.
Acceptance of Terms
By visiting or using the Website you agree to be bound by these Terms. If you do not agree to any of these terms, please refrain from using the Website. 
Modifications to Terms
PLYmedia reserves the right to change or modify the Terms, Privacy Policy, or Copyright Policy at any time. Posting the modified Terms, Privacy Policy, or Copyright Policy on the Website will give effect to the revised terms. Your continued use of the Website indicates your acceptance of any revised terms. If you do not agree to the revised terms, please refrain from using the Website.
Notice
PLYmedia may post, from time to time, changes that are made to the Terms, Privacy Policy or other Website related services. Posting such announcements on the Website or via email would be considered as an acceptable notification and would give effect to the changes.  
Privacy
PLYmedia has a strong commitment to protect the privacy of its users. The terms of our Privacy Policy are incorporated into, and considered part of, these Terms and must be accepted by you prior to your use of the Website. For more information regarding PLYmedia’s privacy policy, read the Privacy Policy.
Service
Description
PLYmedia enriches the cultural and social experience associated with moving pictures.  We enable individuals and communities to create, edit and view layers (PLYs) of independent content synchronized with a moving picture. BubblePly.com is an Internet platform for creating PLYs in the form of Bubbles, edit these PLYs and view them synchronized with moving pictures from independent sources. 
Ability to Change Service
PLYmedia retains the right to, at any time and without prior notice, suspend, discontinue, delete, modify, or remove any content or service offered on the Website without reason or liability. In addition, PLYmedia may in the future charge for services which are currently available for free on the Website. 
Proprietary Rights 
PLYmedia owns the intellectual property related and associated with BubblePly.com. PLYmedia owns and retains all proprietary rights in the Website. The Website contains copyrighted material, patented technology, trademarks, and other proprietary information of the Website and its licensors. The user is granted no right in the intellectual property associated or related to the Website and nothing should be inferred as granting such rights to the user. 
Registered Users
The Website is offering its service to users either registered or not. However, registration is required in order to be able to enjoy certain functionalities that the Website offers. PLYmedia retrains the right to decide which functionalities require registration or will require registration in the future. To remove any potential doubt, all users, registered or not registered, are bound by these Terms of Use and agree to them by using the Website. 
Registered User Information 
If PLYmedia requires registration in order for a user to perform certain functions, the user will be directed to a registration process. The registration process may require the user to provide information regarding, but not limited to, his\her age, citizenship, address or other information.  Once you register as a registered user, you represent and warrant all registration information you submit is accurate and truthful and that you agree to update and maintain the accuracy of such information. You further represent and warrant that your use of the Website shall not violate any applicable law or regulation. PLYmedia reserves the right to stop the service of registered user if registration information submitted seems or proves to be false. We also require you, as condition of registering with the Service, to select a user name ("User ID") and password. PLYmedia will, in accordance with its Privacy Policy, keep your UserID and password confidential.
You are responsible for maintaining the confidentiality of your UserID and password. 
Limited License, Permitted Uses 
You are granted a non-exclusive, non-transferable, revocable license to:
•	access and use the Website strictly in accordance with this Agreement
•	use the Website solely for internal, personal, non-commercial purposes
Restrictions on Use that Infringes Copyright
PLYmedia is committed to protect copyright and intellectual property rights of creators and owners of content. By using the Website the User agrees to strictly follow copyright law and agrees not to use the Website in any manner which might be in conflict with others' rights.  You should not, in any case, infringe copyright in the process of creating, editing or sharing Bubbles. PLYmedia does not approve of the use of the site in any manner which will offend copyright owners or infringe the terms of use in the sites which host the linked content. 
Commitment to Integrity of the Movie 
In the process of creating a Bubbles layer, the user is requested to link to a video which can be in his/her own computer, his/her website or other website which hosts the content and approves of such linking. In the process of adding a PLY or Bubble layer on top of the movie, there is no manipulation, change, editing or modification to the movie or any interference with the content. PLYmedia is committed to the integrity of the movie and will not change, alter, modify, manipulate or interfere with the movie. All Bubbles which are created are saved separate from the movie and do not effect in any manner the ability to see the movie, link to it or use it in any form without the Bubbles. In creating a PLY or Bubble layer on top of a movie, the User agrees to strictly follow copyright law and follow the limitations and restriction set by the copyright owner. 
Restrictions on Offensive or Illegal Use 
PLYmedia is committed to a legal, safe, friendly and equal environment. PLYmedia strictly prohibits the use of the Website or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Website to create, edit or share any content that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the right to privacy or any other illegal, offensive or inappropriate content. PLYmedia reserves the right, on its sole discretion, to remove any content which deems to be illegal, offensive or inappropriate and to take action against the user, including, but not limited to, stopping the service. 
Restrictions on Unsolicited Commercial Messages 
You agree not to use the Website for creating, sharing and sending unsolicited commercial messages. You agree not to transmit, post or otherwise make available on the Website, 3rd party website, by embedded player or emails sent from the Website, any unsolicited or unauthorized advertising, promotional materials, spam, junk mail or any other material of that kind. PLYmedia is committed to protecting the right of users to decide whether they want or not to receive commercial messages and will take legal action against users who abuse the site for transmitting, posting or sending unsolicited commercial messages. 
Rights in Metadata
PLYmedia may use the metadata which is created in the process of creating, editing and sharing Bubbles to enrich its customer’s experiences and provide its customers and affiliates with useful information, in accord with its Privacy Policy. The metadata is PLYmedia’s property and manual or automated harvesting of the data from the Website directly, indirectly or in any other manner is strictly prohibited. PLYmedia reserves the right to share the metadata with its partners and affiliates. 
Termination 
PLYmedia reserves the right to, without prior notice, terminate a User account with or without the User violating these Terms. If your User account is terminated, your rights to use the Website will stop immediately. Termination is without prejudice to all other remedies available to PLYmedia at law and under this agreement. 
Definition of Content
The Website enables you to insert your comments and thoughts in a form of Bubbles synchronized with a moving picture. PLYmedia will not be, in any case, responsible for the content posted in the Bubbles, the PLYs created, its accuracy, its integrity or for any other mistake or harm done by the posted content. PLYmedia only provides the platform for user to create, edit and view the Bubbles and can not monitor, control or review the content. 
Content Visibility and Shared Content
By posting the content on BubblePly.com the user agrees that the Bubbles may be visible to other users of the site. PLYmedia reserved the right to decide whether to offer also limited visibility of Bubbles for private uses. 
Users may also send emails with a link that connects the source movie with the created PLY or Bubbles layer, or use code generated by the Website to embed a player into their or a 3rd party website (collectively, "Shared Content"). The Shared Content will be viewable by any person receiving a link to the Content, or persons viewing the Content on a 3rd party website via embedded player provided by the Website. By designating content as Public or by having Shared Content; you agree to be bound by the content licensing terms below regarding the Website's use of the Shared Content. 
Content Licensing
User's retain ownership of the created PLY and Bubbles. To enable PLYmedia to perform the services necessary for the Website, you hereby grant to PLYmedia the non-exclusive, worldwide license to use, publicly perform and display and sublicense the Content of the PLY and Bubbles presented on the Website, websites owned by PLYmedia parent or affiliated companies and other unrelated 3rd party websites on which any User may post your Shared Content via an embedded player provided by the Website. In addition, PLYmedia may use your Shared Content for advertising or promotional purposes, including without limitation the right to publicly display, perform, reproduce and distribute such excerpts on the Internet, television, or other forms of media distribution. PLYmedia reserves the right, based on its discretion, to change or modify the PLY or Bubble or enables others to do so or add sponsored links or additional commercial Bubbles to a created PLY layer. The User hereby agrees to authorize PLYmedia to make such changes or amendments to the PLY or Bubbles or add commercial links. 
Inappropriate Content
PLYmedia may review and delete any Content that, in its sole judgment, violates this Agreement or may be offensive, illegal or violate the rights, harm, or threaten the safety of any User, or person not associated with the Website (collectively "Inappropriate Content"). You are solely responsible for the Content that you make visible on the Website or to any 3rd Party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated 3rd parties via the Website. 
Reporting Inappropriate Content
PLYmedia prohibits certain Content as described above. If you find Content on the Website or in a movie on a 3rd party website via an embedded player that may violate the rules as described in " Restrictions on Use that Infringes Copyright", “Restrictions on Offensive or Illegal Use”  or "Inappropriate Content"; we encourage you to report such Inappropriate Content to us. The owner of the reported Content will receive notice that their Content has been flagged via email. Via the email, the User may refute the claim by submitting a valid reason why the Content should not be removed. If the complaint is justified, the Content will be removed and the User owning the Content will have the infraction noted on his or her account. If any User receives an infraction, that User may lose his or her User privileges on the Website. Likewise, Users submitting claims can also lose user privileges if it is found that they submitted false or unjustified claims. 
Reporting Copyright Infringement 
PLYmedia has developed its copyright policy in accordance to the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses to a copyright claim may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user account(s). If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected Content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. 
DMCA Notice Process
Contents of a Notification 
A notification of claimed infringement must be a written communication provided to PLYmedia via email or certified mail that includes substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as your legal name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit the Notification
If by mail to:PLYmedia Inc. 724 Arastradero Rd, Suite 109, Palo Alto, CA 94306 
If by e-mail to: feedback@bubbleply.com
Warranty Disclaimer and Limitation of Liability 
The Website, BubblePly Viewer or Creator, Tools and all related websites and products are provided "AS-IS", with no express or implied warranty. You understand and agree that the use of the Website, PLYmedia's products or service is done at your own discretion and risk and that you are solely responsible for any loss or damage to your Content or images or any damage to your computer system or loss of data that may result in the use, editing or viewing of any material. You are solely responsible for creating Back-Ups of your Content. PLYmedia is not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or other damages), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
Indemnification 
You agree to indemnify PLYmedia and its affiliates for any harm or any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement, your Content, or use of the Website. 
Advertisers 
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. 
Third Party Content 
The Website contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party websites, you do so at your own risk. 
Governing Law and Jurisdiction 
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Website (and/or any information, Documents, products or Websites related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

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