Desire TV Terms and Conditions
The following 'Terms of Service' are dated as of December 17, 2007. Please review them carefully before accessing any of the 'Sites' (defined herein).
1. Acceptance of Terms of Service ' IMPORTANT! PLEASE READ CAREFULLY
These Terms of Service constitute a legal agreement between you and Playboy and spell out the terms and conditions to which users of any of the Sites are expected to adhere. Please read it carefully before using any of the Sites, because by clicking 'I Agree' or by using any one, or more than one of the Sites, you agree to be bound by the terms set forth here, as well as (i) the Legal Notices , (ii) the terms of our Privacy Statement and (iii) any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the 'Agreement'). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use any of the Sites. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here. By your act of accessing any of the Sites, you agree to be bound by any and all modifications or revisions of the Terms of Service.
2. Applicable Sites
These Terms of Service apply to the Playboy Enterprises, Inc. and PlayboyTV.com, Inc. (collectively, referred to herein as 'Playboy,' 'we' or 'us') family of websites (individually, the 'Site', and collectively the 'Sites'). These include PlayboyTV.com, PlayboyOnDemand.com, GetPlayboyTV.com, Desiretv.co.nz; and any other sites at or on which these Terms of Service appear. It does not apply to other online or offline Playboy sites, products or services.
3. PlayboyTV.com Content and User Submissions
a. The Internet service accessible via the Sites, including all content therein (the 'Service'), is intended for the personal, noncommercial use of its users. All material published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the 'Content')) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Playboy Entertainment Group, Inc. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
b. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part.
c. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
d. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service ('Submissions') will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
e. If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- dentification of the copyrighted work claimed to have been infringed
- a description of where the material that you claim is infringing is located on the Site
- your address, telephone number, and e-mail address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
By postal mail:
Intellectual Property Counsel
Playboy Enterprises International, Inc.
680 N. Lake Shore Drive
Chicago, IL 60611
4. Forums and Discussions
a. This Site makes available chat rooms, forums, message boards, and/or news groups to its users ('Public Forum(s)'). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. Playboy does not endorse the opinions, recommendations, and/or advice placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by Playboy in any manner, pursuant to Section 3.d, above.
b. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of Playboy, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with Playboy and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
c. While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Playboy reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
d. By accessing the Public Forums, you understand and are hereby made aware that you may be exposed to Submissions from a variety of sources. You hereby acknowledge that Playboy shall not be responsible for the accuracy, safety, usefulness, or intellectual property rights of any Submissions. You further acknowledge that you may be exposed to Submissions that are inaccurate, unsafe, offensive, and/or objectionable, and you do hereby waive and legal or equitable rights or remedies you may have against Playboy with respect thereto.
5. Limitation of Liability
a. NEITHER PLAYBOY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLAYBOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
b. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLAYBOY'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
6. System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
a. Playboy may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or a single or repeated infringement of copyrights owned by third parties.
b. Playboy, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Playboy event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Playboy employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Playboy employee or other individual.
a. These Terms of Service have been made in and shall be construed and enforced in accordance with California law without regard to any conflict of law provisions. Playboy makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Los Angeles, California.
b. Official correspondence must be sent via postal mail to:
Attention: Vice President, Business & Legal Affairs
2300 West Empire Ave, 7F, Burbank,
Los Angeles, CA USA 91504
c. These Terms of Service, Legal Notices, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Playboy with respect to your access and use of the Sites and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Playboy with respect to the Sites or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Playboy may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Playboy or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.